Problem with county council, what to do next?

Had an issue to do with county council with regard to drainage and watercourse.
Local complained and council rang me wanting to visit site (rang last Monday, site visit Tuesday morning).
I asked if they had right of access to site,
Official said yes.
NFU call first said they do with a warrant not without but don't be seen to obstruct an official.
At site I asked for warrant, they didn't have one so said they wouldn't be prevented from entering site but it would be noted that they didn't have a warrant.
Site is next to public road so they had a good view, we chatted politely and they would go away to think about it (see if they could think of a way of doing me)
As they left I asked if the land was under any restriction pending their enquiries, no she said we will let youknow today or within the next few days.
They haven't, it is 10 days since the site visit.
I don't really want to ring her as I get uppity sometimes and don't want to provoke the situation at all as I get lots of hassle with the piece of land in question and don't want to make it worse.
What to do? Just wait?
 
If private houses or roads are in danger of being flooded, they proably have a duty to act. A bit difficult to say without more information.
No risk of flooding and reduced risk of erosion of field into village, so I would argue a reduced flood risk.
Basically what I thought was a spring was in fact a 9inch clay tile that someone had put into land we bought 5 years ago ,taking drain water from neighbouring higher land into ours.
Quite why the previous owners allowed this to happen is beyond me but overtime this water had cut a channel across a 300m field before joining a deeper channel that collects other drain water and then joins a stream.
I put the 300m length underground 4 years ago and have now backfilled the grooove through the field.
 
So they are investigating where you have laid a pipe into a stream ?,Where does the water in the drain originate could it be contaminated or dirty water perhaps @holwellcourtfarm would know
They don't know about the pipe they received a complaint about a watercourse being filled in.
All the water is land drain water from neighbouring farm land, now it is underground it will be no cleaner or dirtier than above, actually you would argue cleaner as less chance of contamination with eroded soil for one thing.
 

Forever Fendt

Member
Location
Derbyshire
They don't know about the pipe they received a complaint about a watercourse being filled in.
All the water is land drain water from neighbouring farm land, now it is underground it will be no cleaner or dirtier than above, actually you would argue cleaner as less chance of contamination with eroded soil for one thing.
There is some stunts about ,quick to kick off without all the facts, how come you get issues with this bit of land in particular
 
you are forgeting if people look over the land they think they have the right to tell you what to do with it,how it works around here anyway
Agreed, there is a line of logic in the minds of some residents that means they believe that because they have bought a house in the area that somehow the right to decide how the land in the area is run and managed falls to them as well.
They make me laugh because none of them have the nuts to tackle me face to face, prefering to hide behind anonymous complaints that they know the authorities have to follow up.There is an underlying hatred amongst some of them of farmers s well, I suspect .
They would shed no tears if we all simply went away
 

llamedos

New Member
Is it possible that the once open area the 300m length through your field could have previously be classed as 'wetland' and you have in effect removed this? SSSI or SSBI have a look on MAGIC maps it may show if there is any land classification on there, which has perhaps not been pointed out by previous owner, check you own deeds.
 

Kidds

Member
Horticulture
If that is all you've done then eff 'em and tell them you are going to your solicitor because of harassment and they are not to enter your land ever again without full biosecurity measures in place.
People shouldn't just fill in watercourses and the like willy nilly but putting a drain underground is nonsense.
 
Is it possible that the once open area the 300m length through your field could have previously be classed as 'wetland' and you have in effect removed this? SSSI or SSBI have a look on MAGIC maps it may show if there is any land classification on there, which has perhaps not been pointed out by previous owner, check you own deeds.
No designations at all, though the fact that it is 7 miles from AONB is sometimes mentioned when I make planning apps.
Pathetic.
 

joe soapy

Member
Location
devon
170218biosecurity sheet.jpg
 
I thought there might be more comment on local council officials claiming to have right of entry and not getting back to me when they said they would.
I'm going to let sleeping dogs lie for now, in a few weeks the field in its entirety will be ploughed and sown .
 

holwellcourtfarm

Member
Livestock Farmer
I thought there might be more comment on local council officials claiming to have right of entry and not getting back to me when they said they would.
I'm going to let sleeping dogs lie for now, in a few weeks the field in its entirety will be ploughed and sown .
If anyone claims right of entry ask them to quote the legislation that grants it; Act, Date, Section and subsection. We were taught this and our warrants included it (mine was under Sections 169 to 172 of the Water Resources Act 1991). If they can't then refuse them.
 

ERFe10

New Member
Spare a thought for the poor chap from the council he doesn't want to deal with this any more than you do but has to respond to complaints even if they come from a****oles. It sounds like you have repaired an established system and have every right to do so. In fact it is part of your riparian duty to maintain an established water course on your land wherever it stems from
 

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