Overly detailed prior approval condition unreasonable in low risk flood zone

A detailed condition relating to flood risk reduction attached to a prior approval from an agriculture building to two dwellings in Lincolnshire was held unreasonable, unnecessary and imprecise in parts and subsequently varied.

The condition in contention required four specific mitigation requirements relating to flood risk reduction including finished floor levels, construction measures, escape routes and demountable defences to doors.

The property was located in folod zone 3 an area of low risk. The Environment Agency, who had originally requested the two latter parts of the condition had since removed their request and there was therefore no evidence to support the requirements for the escape routes and demountable defences. The inspector declared these aspects unreasonable and unnecessary.

With regard to the details of construction measures being provided, this aspect he held, was imprecise and unenforceable as no details of what such resilient and resistant measures comprised of had been provided. Compliance with the flood risk assessment and provision of finished floor levels were necessary, he concluded, to comply with the NPPF and the PPG and he varied the condition accordingly.

Inspector: Geoff Underwood; Written Representations


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