He writes:
The case centred around the fact that East Riding Council pumped floodwater into one of Mr Lindley’s fields, badly damaging his carrot crop.
Some 5oo yards upstream, the village of Burton Fleming had been flooded and the move by the local authority had been an attempt to resolve the problem and protect people’s homes.
In order to protect to his crop, Mr Lindley suggested flooding one of his neighbouring stubble fields instead, but this solution was dismissed by the local authority. The damage was caused over three days with an additional 2.9 acres flooded as a result of the pumping operation. Both sides agreed that the damage amounted to £14,500.
With NFU support, Mr Lindley had to demonstrate that the local authority had used a particular legal power to flood his land. If they had used this power, they had to pay compensation. The local authority said that they didn’t use that particular power, but failed to say what other legal power they were using to flood his land.
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The local authority said that it was not them doing the pumping; instead it was the Environment Agency and the fire service. The case went to a tribunal where it was decided that the local authority had used the particular legal power that Mr Lindley claimed they used, and so they had to pay compensation.
This is the first case of its kind in the UK and highlights the need for flood authorities to be aware of the consequences of pumping flood water on to farmland. But it is also a great result for Mr Lindley. It goes without saying that carrots are a very high value crop and it is only fair that he was compensated for his loss.
The NFU has fully supported Mr Lindley throughout the whole process, from a group office and regional level as well as support from the national Legal Affairs Team. Mr Lindley was represented by NFU panel firm Crombie Wilkinson and the NFU’s Legal Assistance Scheme supported Mr Lindley’s case, together with the NFU Mutual and DAS .
Our hope is that this decision will encourage more co-operation between agencies and farmers in flooding situations, and the NFU will continue to support its members who are affected by flooding.
*East Riding Council says that on receipt of the judgment they will review the decision and take legal advice as appropriate.