Farmers and others whose land is flooded by pumping operations during a flood can be compensated for any damage caused. The Upper Tribunal in Robert Lindley Ltd v East Riding of Yorkshire Council  UKUT 0006 (LC) held that temporary pumping operations to relive flooding were ‘ flood risk management works’ for the purposes of section 14A (9) (g) of the Land Drainage Act 1991 and so could be the subject of a claim for compensation under section 14(5).
The company was represented by John Bates of Old Square Chambers who said that the case was a good result for farmers. While it is right that pumping should be done to save homes, it was wrong that farmers whose crops are damaged should be expected to bear the burden of the operation.
Robert Lindley Ltd v East Riding of Yorkshire Council  UKUT 0006 (LC)
flood, farming, lindley, pumping, drainage, environmental law
William Meade (Senior Clerk)