{"id":784562,"date":"2026-09-27T19:42:10","date_gmt":"2026-09-27T19:42:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/uk\/784562\/"},"modified":"2026-09-27T19:42:10","modified_gmt":"2026-09-27T19:42:10","slug":"houses-can-be-built-on-floodplains-despite-failing-safety-test-says-high-court-planning-policy","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/uk\/784562\/","title":{"rendered":"Houses can be built on floodplains despite failing safety test, says high court | Planning policy"},"content":{"rendered":"

Houses can be built on floodplains even if they fail a crucial safety test, according to a high court judgment that will be of \u201cimmense interest\u201d to developers across England<\/a> and Wales.<\/p>\n

The ruling clears the way for a highly controversial development of 190 new homes on north Somerset\u2019s floodplains, despite the site being in \u201cflood zone 3a\u201d, the highest level of flood risk before land is considered a functional floodplain.<\/p>\n

Ministers and experts are so disturbed by the decision that it was agreed at a flood resilience conference<\/a> on Wednesday to campaign for a change in the law that would stop the ruling setting a national precedent.<\/p>\n

As a result, Tessa Munt, the chair of the flooding and flooded communities all-party parliamentary group (APPG), will now meet Matthew Pennycook, the housing and planning minister, to ask him to change the national planning policy framework (NPPF).<\/p>\n

\u201cThis is a dangerous and nationally significant exploitation of planning loopholes,\u201d Munt said. \u201cTragically, we\u2019ve lost the battle in north Somerset, but we need to change the framework as a matter of urgency, so this ruling doesn\u2019t result in planners and developers across the country making similar speculative housing applications.\u201d<\/p>\n

A sign in the village of Yatton, north Somerset. Photograph: Jim Wileman\/The Guardian<\/p>\n

Charles Banner KC, who represented Persimmon Homes at the court case brought by the local council, agreed the decision was of national significance. His chambers, Keating Chambers, said the result was \u201chugely important\u201d. \u201cThis decision will be of immense interest to the planning and development sector,\u201d it added.<\/p>\n

Persimmon Homes won permission despite failing the \u201csequential test\u201d, which is designed to be the ultimate barrier for floodplain development UK planning policy, after the inspector found 12 alternative sites at less risk of flooding.<\/p>\n

They also overcame heavy opposition from politicians, local and regional tiers of authority and locals \u2013 many of whom fear houses surrounding the site will be at increased risk of flooding.<\/p>\n

Munt said the high court judgment \u201cflies in the face of everything insurers, lenders, Flood Re \u2013 a joint UK government and insurance industry initiative that makes the flood cover part of household insurance policies affordable \u2013 the Environment Agency and Defra are trying to do on a national policy level\u201d.<\/p>\n

An aerial view of Yatton floodplain. Photograph: Peter Speight<\/p>\n

The Environment Agency objected to the development on flood risk grounds. But the high court agreed that even though the sequential test had failed, the inspector was entitled to consider the development\u2019s wider benefits and whether it could be made safe for its lifetime when weighing the application.<\/p>\n

Annemieke Waite, North Somerset council\u2019s cabinet member for planning and environment, accused Persimmon of exploiting a legal loophole.<\/p>\n

\u201cWe\u2019re not being nimbys, we accept we need to build these homes,\u201d she said. \u201cBut we don\u2019t accept the establishment of a highly controversial legal precedent whereby vital local environmental protections can be overridden to build on floodplains across England and Wales.\u201d<\/p>\n

Local people living around the site are distraught. With just a few hours\u2019 notice, 51 residents converged at the site earlier this week to meet the Guardian\u2019s photographer, many leaving work early to be there \u2013 and one coming straight from a hospital bed.<\/p>\n

\u201cWe represent everyone living in areas at risk of flooding in England and Wales,\u201d said Sue Gardiner, whose living room window opens out over the site. \u201cThis ruling massively increases the likelihood of developers building up near you, without having to answer for your increased flood risk.\u201d<\/p>\n

Sue Gardiner: \u2018Our only asset could become a dangerous flood hazard.\u2019 Photograph: Jim Wileman\/The Guardian<\/p>\n

Gazing over the fields, Gardiner broke down. \u201cI\u2019m petrified,\u201d she said. \u201cPersimmon claims we\u2019re not at any significant greater risk of flood, but no one else agrees: we\u2019ve been refused by three major house insurers on the grounds of increased flood risk on the back of these plans.<\/p>\n

\u201cWithout insurance, our home \u2013 the home we worked hard throughout our lives to pay for so we could leave it to our children \u2013 could become unmortgageable, and then unsellable,\u201d she said. \u201cThanks to Persimmon, our only asset could become a dangerous flood hazard for us \u2013 and a worthless inheritance for our children.\u201d<\/p>\n

Richard Croucher, whose home also abuts the site, agreed. \u201cThe value of our home was supposed to fund our care when we get old,\u201d he said. \u201cNow we\u2019ve got nothing for when we\u2019re old and in need: that\u2019s terrifying.\u201d<\/p>\n

Local resident Richard Croucher. Photograph: Jim Wileman\/The Guardian<\/p>\n

Persimmon Homes said: \u201cOur proposals to deliver much-needed new homes in Yatton were subject to detailed scrutiny at a public planning inquiry before being approved by an independent planning inspector.<\/p>\n

\u201cFlood risk was considered in detail through the planning process, including at the public inquiry by the inspector, before planning permission was granted.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"Houses can be built on floodplains even if they fail a crucial safety test, according to a high…\n","protected":false},"author":2,"featured_media":784563,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[59,57,58,50,56,54,55],"class_list":["post-784562","post","type-post","status-publish","format-standard","has-post-thumbnail","category-united-kingdom","tag-gb","tag-great-britain","tag-greatbritain","tag-news","tag-uk","tag-united-kingdom","tag-unitedkingdom"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/784562","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/comments?post=784562"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/784562\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media\/784563"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media?parent=784562"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/categories?post=784562"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/tags?post=784562"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}