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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6942
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Bexley council has managed to gain permission to build

Resolved Question:

Bexley council has managed to gain permission to build car-parking on school land that was denied permission two years ago because of real flood risks. It relied on the report produced by flood consultants who considered only the top of a hill where the school is situated. Both the council and the school were aware of the reality of flooding at the foot of the hill but did not inform the consultants, who did not investigate the possibility even though maps showed clear flood risks. The report did not consider the bottom of the hill where the school owns the aforesaid land and for that reason no car parking plans appeared in the report - this was added after the report was completed. With no strong adverse flooding comments in the report, it gave the council a green light to proceed. There has never been flooding at the top of the hill - the risk at the bottom must be 5% or more, a figure that easily lies in the 'high' classification of flood severity.
The residents do not want the land at the bottom of the hill to be developed.
What can be done legally to prevent this ?
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

Combine an Freedom of Information request for all documentation held by the council relating to the land , the development of the land and any flooding related matters with a threat to seek judicial review by the courts of the decision of the local council to proceed.

For good measure you can throw in a complaint to the Local Authority Ombudsman if you wish.

Best wishes

Michael

Customer: replied 12 months ago.
Michael,Thank you for your answer.What I also want to know is what legal action might be taken against those parties involved - the school, the council leader, the project leader, and, of course, the flood risk consultants ?Regards,Alan
Expert:  Michael Holly replied 12 months ago.

Dear Alan

The honest answer is that successful action against individuals is unlikely because liability relies generally on a contract or liability in tort which only extends to certain situations.

In the public arena the penalty is usually loss of office/employment.

Michael

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