The five-storey semi-detached dwelling lay in a residential area and its rear garden sloped down to the ponds. The council alleged that a structural engineer's report was insufficiently detailed to show whether the underlying ground fell within London clay or other strata, making it difficult to predict whether it would be structurally stable. It also claimed that the development would increase the risk of flooding from the ponds.
The inspector decided that the evidence supported the appellant's contention that the development would be built above London clay, making it relatively watertight. Low groundwater flows during construction could be dealt with by pumping and the danger of flooding from lowering the water level in one of the ponds was minimal, he ruled. He found no evidence that construction of the basement would affect the stability of the dam.
DCS Number 100-069-116
Inspector Mike Fox; Written representations