Flood risk: barriers down for developers
Dowden, M.
Flood risk: barriers down for developers - 2004 - Estates Gazette (0444) 30 October 2004, 147(1) .
Discusses the outcome of "Arscott v Coal Authority" ([2004] EWCA Civ 892) which upheld the common enemy defence. "Arscott" defines the limit of the rule where by a landowner can defend its land against flooding but if the land is already flooded or if a flood is inevitable, the landowner cannot export the damage. The decision is seen as a boost to developers seeking to build on flood plains. Considers advice on flooding put forward by the Office of Science and Technology contained in "Foresight future flooding" and guidelines and advice issued by the Association of British Insurers.
ARSCOTT V COAL AUTHORITY
FLOODING
FLOOD PLAINS
FLOOD DEFENCES
DEVELOPMENT
Flood risk: barriers down for developers - 2004 - Estates Gazette (0444) 30 October 2004, 147(1) .
Discusses the outcome of "Arscott v Coal Authority" ([2004] EWCA Civ 892) which upheld the common enemy defence. "Arscott" defines the limit of the rule where by a landowner can defend its land against flooding but if the land is already flooded or if a flood is inevitable, the landowner cannot export the damage. The decision is seen as a boost to developers seeking to build on flood plains. Considers advice on flooding put forward by the Office of Science and Technology contained in "Foresight future flooding" and guidelines and advice issued by the Association of British Insurers.
ARSCOTT V COAL AUTHORITY
FLOODING
FLOOD PLAINS
FLOOD DEFENCES
DEVELOPMENT