House builder wants to put drains through my field

[Courier]

What would be the alternative, assuming there is one ?

 

[Courier]

Two 4 inch drains doesnt sound logical ,,if you get on ok with the nieghbor and theres plenty of fall across your field ,dig one trench and drop a 8inch pipe in ,,that wont block up just from 4 plots .

6” be more than enough …
But what would the alternative be and what was specified on the PP.

 

[Courier]

40 houses built 3 years ago back of my place ,,no surface water goes into the existing storm drains ,,they buried 10 huge soak away crates .

And has the area EVER flooded?

 

[Lincs Lass]

And has the area EVER flooded?

No ,they dug down about 15ft ,we sit on a layer of free draining cliff land ,water goes straight through it .

 

[Werzle]

I thought farmers were crafty until i had a few dealings with builder/developer types, its no wonder homeowners have problems with sinkage and drainage. If a developer/builder needs your land for drainage or electric supply sting them for tens of thousands and have clauses put into agreements that should you get planning in the future the drains and electric will be moved at their cost. You need to think 50 years ahead before agreeing "favours" that earn them hundreds of thousands and might cost you the same one day.

 

[Courier]

I thought farmers were crafty until i had a few dealings with builder/developer types, its no wonder homeowners have problems with sinkage and drainage. If a developer/builder needs your land for drainage or electric supply sting them for tens of thousands and have clauses put into agreements that should you get planning in the future the drains and electric will be moved at their cost. You need to think 50 years ahead before agreeing "favours" that earn them hundreds of thousands and might cost you the same one day.

A relation who is a QS (Quantity Surveyor/Accountant) once told me that “The building industry thrives on conflict!”
Experience only ever proves him right - (Smug self righteous pr*ck) he would fall out with his own shadow if it made him 50p.

 

[Surgery]

Shows what a total lot of rubbish planning legislation is throughout the different district councils if after plannings been given for 4 houses that the developer is then coming to the next door farmer for an agreement for pipes to help him , I would have thought with the right people working for you your in the pound seat going forwards but heed on the side of caution given it would sound your field is next door to a development site and could become one some day

 

[David1968]

4 houses going up right next to one of my arable fields. House builder has asked if he can have 2 x 4 inch diameter drainage pipes put under my field to an IDB drain on the far side, to take rain water from the 4 new houses. My field is already under-drained, but 2 more drains would be a small plus. Any legal issues? Who would own the 2 new drains? What if they became blocked at some stage into the future? Comments please!

This sounds like a recipe for trouble. What exactly do they mean by rainwater? Does it include water from the driveway where they're likely to be washing cars?
Even if it's just roofwater, there's no saying what would get tipped down the grating at the bottom of the droppipe.

At the very least it needs to be a sealed pipe, not perforated. Then there's no ambiguity about where any pollution might have come from. I'd be very surprised if this is on the planning permission.

 

[PSQ]

Had a similar request, but a 23 home development.
Get a land agent involved, the key issue being ‘uplift’, which is the value of the drain to the builder and a figure in the ‘000’s per home because otherwise he’s probably unable to proceed.

 

[egbert]

4 houses going up right next to one of my arable fields. House builder has asked if he can have 2 x 4 inch diameter drainage pipes put under my field to an IDB drain on the far side, to take rain water from the 4 new houses. My field is already under-drained, but 2 more drains would be a small plus. Any legal issues? Who would own the 2 new drains? What if they became blocked at some stage into the future? Comments please!

Easy 3 word answer...
'expert legal advice'

 

[Werzle]

I know of a developer local to a friend who has baulked at the cost of getting electric to his new ag tied house(He turned himself into a farmer for two years and also bribed the councils agri advisor with shoot days to aide permission ) he has somehow got bt to erect the ten ish poles he needs claiming some right to a landline and then stopped them putting the phone wires up, hes hoping to commandeer them now for the electric and save thousands.

 

[steveR]

Planning should have had a perculation test for soakaways, look up the planning aproval.

I was thinking last night, I wonder how well the soakaway tests went for the Builder that the OP refers to??

 

[David1968]

I know of a developer local to a friend who has baulked at the cost of getting electric to his new ag tied house(He turned himself into a farmer for two years and also bribed the councils agri advisor with shoot days to aide permission ) he has somehow got bt to erect the ten ish poles he needs claiming some right to a landline and then stopped them putting the phone wires up, hes hoping to commandeer them now for the electric and save thousands.

Unless he's very lucky, he's likely to find BT poles aren't high enough to carry electric.

 

[redbaron]

I contacted Building Control this morning and now awaiting a call from their surveyor.

 

[Clive]

tell the developer to start counting upwards in steps of 10k - tell him you will say stop when you are happy ........ take your time !

 

[redbaron]

Hah...now spoken to the Council surveyor. The developer's planning application was originally approved by a local authority in another part of the country! (apparently this is not unknown). My council were not impressed by the proposals. There were many conditions required by my council, not least full details of drainage proposals. None of the conditions have yet been submitted, and some other issues on site have already brought confrontation between the developer and building inspectors. I will sit back and play a waiting game.

 

[ISCO]

Think wires getting crossed here. If the field land owner gets development and needs to move the pipes for this, the house landowners that benefit from the drain would have to pay if a lift and shift is in place.
What bongodog is saying is that the house landowners would look to object to any development even if they didn’t mind as they know that if consent is grantedthey are paying for a new rerouted pipe.

Chances are the new neighbours will object anyway…

The lift and shift easements I have seen have obliged the landowner to meet costs of relocation so the problem you refer to does not arise. As with all things who pays is open to negotiation though.
In any event the NIMBY factor would ensure the neighbours object.

 

[Smith31]

Just not worth the hassle, any future problem and you have 4 separate property owners to go after, guarantee that at least two will deny all knowledge and drag things out for months if not years, meanwhile you have a flooded field.

The developer could install a soakaway instead of the pipes, future owners would sweep leaves down the drains or carry out no maintenance leaving water to enter the farmers field.

The development will go ahead now it has received permission, once established legally the OP will have to accept surface water from uphill, it is the law.

Therefore, it is beneficial to have a covenant which is legally binding and allows the costs of future drain repairs to be charged to the owners of the houses not the op. The matter would never get to court the owners would be fully aware if the covenant.

 

[Highland Mule]

4 houses going up right next to one of my arable fields. House builder has asked if he can have 2 x 4 inch diameter drainage pipes put under my field to an IDB drain on the far side, to take rain water from the 4 new houses. My field is already under-drained, but 2 more drains would be a small plus. Any legal issues? Who would own the 2 new drains? What if they became blocked at some stage into the future? Comments please!

Just sell the field for development value with an agreement to have first refusal on rental for agricultural purposes until such time as the builder develops it.

 

[steveR]

Perforated drain to a dyke for a housing development across 3rd party land? Not a normal way to do it. Developer might be a friend, what if the water one day gets contaminated? It's then your ditch, your responsibility, your contamination and could be any one of those 4 house owners to blame. Stay friends and let them do the drainage as per PP.

I would be worried about foul water "getting in", personally!