Ryeford Homes Ltd and Another v Sevenoaks DC
Ryeford Homes Ltd and Another v Sevenoaks DC
- 1989
- New Law Journal 24 February 1989, 255-256(2) .
QBD 26 January 1989. Application by planning authority (S), to strike out developers`(R) claims on grounds that they disclosed no reasonable cause of action. R planned to build on land adjacent to a housing scheme, known as the Crownfields houses. The houses were not sited precisely in accordance with detailed planning permission granted by S in 1963. Embankments for the houses obstructed the natural flow of water down the valley, causing waterlogging and flooding . A planned system to drain the valley did not happen and S connected a new 33 inch sewer to an old 12 inch sewer. Water backed up in the new sewer overflowing on to R`s land. R applied to S for planning permission but was refused because of the surface water problem. R brought claims against S and the owners of the Crownfields houses relating to the 1963 planning permission; R also alleged negligence , nuisance , breach of statutory duty in relation to the sewers, breach of duty under Rylands v Fletcher and trespass . QBD
PUBLIC HEALTH ACT 1936 S31
QBD 26 January 1989. Application by planning authority (S), to strike out developers`(R) claims on grounds that they disclosed no reasonable cause of action. R planned to build on land adjacent to a housing scheme, known as the Crownfields houses. The houses were not sited precisely in accordance with detailed planning permission granted by S in 1963. Embankments for the houses obstructed the natural flow of water down the valley, causing waterlogging and flooding . A planned system to drain the valley did not happen and S connected a new 33 inch sewer to an old 12 inch sewer. Water backed up in the new sewer overflowing on to R`s land. R applied to S for planning permission but was refused because of the surface water problem. R brought claims against S and the owners of the Crownfields houses relating to the 1963 planning permission; R also alleged negligence , nuisance , breach of statutory duty in relation to the sewers, breach of duty under Rylands v Fletcher and trespass . QBD
PUBLIC HEALTH ACT 1936 S31