Key facts
- Houses can be built on floodplains even if they fail a crucial safety test, according to a high court judgment.
- The ruling clears the way for a development of 190 new homes on north Somerset's floodplains.
- The site is in "flood zone 3a", the highest level of flood risk before land is considered a functional floodplain.
- Ministers and experts agreed to campaign for a change in the law to stop the ruling setting a national precedent.
- Tessa Munt, chair of the flooding and flooded communities all-party parliamentary group, will meet with Matthew Pennycook, the housing and planning minister.
- Persimmon Homes won permission despite failing the "sequential test", which is designed to be the ultimate barrier for floodplain development.
The UK high court has ruled that houses can be built on floodplains even if they fail a crucial safety test, a decision that has drawn significant concern from ministers, experts, and local residents. The ruling allows for a controversial development of 190 new homes on north Somerset's floodplains, a site designated as "flood zone 3a", the highest risk level before land is considered a functional floodplain.
Ministers and experts are disturbed by the decision, agreeing at a flood resilience conference to campaign for a change in the law to prevent the ruling from setting a national precedent. Tessa Munt, the chair of the flooding and flooded communities all-party parliamentary group, plans to meet with Matthew Pennycook, the housing and planning minister, to advocate for changes to the national planning policy framework (NPPF).
Munt described the ruling as a "dangerous and nationally significant exploitation of planning loopholes" and stressed the urgency of changing the framework to prevent similar speculative housing applications across England and Wales. Charles Banner KC, representing Persimmon Homes, acknowledged the decision's national significance for the planning and development sector.
Persimmon Homes secured permission despite failing the "sequential test", a key planning policy barrier for floodplain development, after an inspector found 12 alternative sites. The developer also overcame opposition from politicians, authorities, and locals who fear increased flood risk for surrounding homes. The Environment Agency had objected to the development on flood risk grounds, but the high court allowed the inspector to consider wider benefits and safety measures.
Annemieke Waite, North Somerset council's cabinet member for planning and environment, criticized Persimmon for exploiting a legal loophole, stating that vital local environmental protections should not be overridden. Local residents expressed distress, with many fearing increased flood risk and the potential devaluation and unsellability of their homes due to lack of insurance. Persimmon Homes stated that flood risk was thoroughly considered during the planning process and that planning permission was granted after detailed scrutiny.