Farmers Guradian
Topics
Nine ways to keep your farm vehicles safe

Nine ways to keep your farm vehicles safe

Arable Farming Magazine

Arable Farming Magazine

Dairy Farmer Magazine

Dairy Farmer Magazine

LAMMA 2018

New to Farmers Guardian?
Register Now
Login or Register
New to Farmers Guardian?
Register Now
New to Farmers Guardian?
Register Now

You are viewing your 1 free article

Register now to receive 2 free articles every 7 days
Already a Member?

Login | Join us now

Farmer compensated in landmark case after farmland deliberately flooded

The landmark case is the first under the Land Drainage Act 1991


Twitter Facebook
Twitter Facebook
Landmark case could see councils around the country being forced to pay out
Landmark case could see councils around the country being forced to pay out

A Yorkshire farmer has been paid thousands of pounds in compensation after his local authority deliberately flooded his land in order to protect homes following heavy rain.

 

The landmark case is the first under the Land Drainage Act 1991 and could set a precedent for similar cases where councils sacrifice farmland.

 

Robert Lindley, who farms in Burton Fleming, Driffield, brought the case against East Riding of Yorkshire Council with support from the NFU and NFU Mutual following the 2012 flooding which badly damaged his carrot crop.

 

The High Court hearing was told the council pumped water into Cottage Field, part of Mr Lindley’s 271ha farm when heavy rain fall caused several homes to be flooded.

 

Denying legal responsibility, East Yorkshire Riding Council argued most of the pumping was carried out by the fire service and the Environment Agency.

 

However, the judge ruled the council liable to pay full compensation for the devastated crop under the Land Drainage Act 1991.

 

Mr Lindley was awarded £14,500.

 

NFU director of policy Andrew Clark said: “It demonstrates the need for the flood authorities to be aware of the consequences of actively flooding farmland when carrying out flood risk management.

 

“It’s really vital to consider that many fields are used for food production and are the most important part of a farm business.”

 

Mr Lindley added: “We are happy with this judgment and sincerely hope that all relevant agencies and authorities work together in flooding situations to improve flood defences and how they deal with heavy rainfall situations.

 

"I have the deepest sympathy for farmers across the country affected by flooding.”

 

A spokesman for East Riding of Yorkshire Council said: "The council has not yet had sight of the final judgement, which we understand is due to be issued shortly by the Land Tribunal.


"On receipt of the judgement we will review the decision and take legal advice, as appropriate."

 


Read More

Charities on-hand as Christmas floods blight farmland once more Charities on-hand as Christmas floods blight farmland once more
Charities send aid to those hit by floods but warn of long-term impact Charities send aid to those hit by floods but warn of long-term impact
Environment Agency boss quits following flooding chaos Environment Agency boss quits following flooding chaos
Farmer forced out of business due to Environment Agency watercourse 'neglect' Farmer forced out of business due to Environment Agency watercourse 'neglect'
Farmers speak of battle to save livestock during Christmas floods Farmers speak of battle to save livestock during Christmas floods

Twitter Facebook
Post a Comment
To see comments and join in the conversation please log in.
Facebook
Twitter
RSS
Facebook
Twitter
RSS