ProDave Posted March 29, 2017 Author Share Posted March 29, 2017 I am not contributing anything to my neighbours garden redevelopment fund. I don't have enough for my own build at the moment. 2 small pipes might work out cheaper but still won't comply with the SEPA requirements that require one pipe that is taller than the channel the burn runs in. Any pump would have to be bloody large, who would pay for it, it's maintenance and running costs? The person at the far side is ME. We are in the odd position of being both his neighbour upstream (new house) and downstream (existing house) Whatever he does will affect one or the other. Here are some pictures taken this morning. This is almost the entire length of burn through our plot And this is a closer view of the existing square culvert straddling the boundary (though most of it is next door, there is barely room to walk over the tiny bit our side of the fence) This is next door. You see the existing smaller round pipe. He intends laying this size pipe across his whole garden. Link to comment Share on other sites More sharing options...
Temp Posted March 29, 2017 Share Posted March 29, 2017 (edited) Try and take some photos before he puts the pipe in! (Edit: Looks like you have done that.) We were advised to write a letter to a neighbour and send it recorded delivery, keeping a copy etc. This is because once someone has been formally made aware that their actions could cause damage, if they go ahead anyway, they become liable for additional damages for negligence. Otherwise they are just liable for damages for repairs and/or nuisance. I would point out in the letter that.. * Land owners upstream have riparian rights to discharge water into the burn. * You are writing to make him aware that the existing 1m diameter pipe at property X has proved inadequate and caused local flooding on at least X occasions in recent years. * You believe that his proposed use of a 1m diameter pipe will also be inadequate and may cause flooding and flood damage to your property for which a court is likely to find he is liable. * Now that he has been made aware (that a 1m diameter pipe is likely to be inadequate and cause flood damage to your property) if he proceeds to install or retain a 1m diameter pipe and it does causes flood damage it is likely he will be additionally liable for damages for negligence. Edited March 29, 2017 by Temp 1 Link to comment Share on other sites More sharing options...
Ferdinand Posted March 29, 2017 Share Posted March 29, 2017 Recorded delivery is the usual proof of serving a letter, but a Certificate of Posting (free from post office if it is like England) can also be used. Ferdinand Link to comment Share on other sites More sharing options...
Triassic Posted March 29, 2017 Share Posted March 29, 2017 (edited) If you intend to sell the old house, beware, you don't want to have a 'formal' dispute with the neighbour, as you would have to declare it to the buyer. If it were me, I'd hand him a copy of the SEPA guidance and tell him of your concerns regarding flooding. If he fails to listen, contact SEPA and let them sort him out! Edited March 29, 2017 by Triassic Link to comment Share on other sites More sharing options...
ProDave Posted March 29, 2017 Author Share Posted March 29, 2017 Thanks. The recorded letter idea sounds a good one. It does seem very strange to go to the post office 3 miles away to post a letter next door. Link to comment Share on other sites More sharing options...
ProDave Posted March 29, 2017 Author Share Posted March 29, 2017 7 minutes ago, Triassic said: If you intend to sell the old house, beware, you don't want to have a 'formal' dispute with the neighbour, as you would have to declare it to the buyer. If it were me, I'd hand him a copy of the SEPA guidance and tell him of your concerns regarding flooding. If he fails to listen, contact SEPA and let them sort him out! That is true. I will hand him the SEPA document tonight and see his reaction. Any recorded letter will be from me at the new house. There won't be an official dispute between me at the old house and this neighbour. I have no plan to sell the new one so am not bothered if the new house has a dispute. Link to comment Share on other sites More sharing options...
ToughButterCup Posted March 29, 2017 Share Posted March 29, 2017 8 hours ago, ProDave said: I think my first line of attack is going to be to print that document and give it to him as "guidance" It shows to him the risks and (il)legalities of what he is proposing. [...] Good idea Dave. The way in which it's delivered or handed over will be important too...... Link to comment Share on other sites More sharing options...
Pete Posted March 29, 2017 Share Posted March 29, 2017 All the advice about keeping it official is really important, but if I can just point out, I went to a flooded village years ago when in the Fire Service and the cause of that was a blocked culvert of a similar size. A small plank had created the initial blockage, which then trapped everything else and the subsequent damage where numerous flooded houses and the main road closed for quite some time whilst clearing all the debris. Link to comment Share on other sites More sharing options...
ProDave Posted March 29, 2017 Author Share Posted March 29, 2017 Well the neighbour has the SEPA document so now know he shouldn't do it. Next move is up to him. Link to comment Share on other sites More sharing options...
Stones Posted March 29, 2017 Share Posted March 29, 2017 Fingers crossed it makes him realise that there could be consequences if he goes ahead. I quite like the 'insurance company' approach as previously suggested. Ultimately, you still have the nuclear option... Link to comment Share on other sites More sharing options...
ProDave Posted April 24, 2017 Author Share Posted April 24, 2017 Well I thought I would update what happened. My neighbour "digested" the SEPA document I gave him. No pipes turned up. 2 weeks later the digger was taken away having done nothing. I am now billy no mates. I walked down the road while he was out at his van the other day, and barely got a grunt to acknowledge I was there. ~Normally he would have a good chat. At least I don't have to worry about being flooded. Link to comment Share on other sites More sharing options...
NSS Posted April 24, 2017 Share Posted April 24, 2017 Sounds like a good result Dave. What I don't get is why the guy would ever have wanted to 'bury' the burn in a culvert in the first place. I'd love to have such a feature running through my back yard, even if there was an occasional chance of it flooding. Link to comment Share on other sites More sharing options...
ToughButterCup Posted April 25, 2017 Share Posted April 25, 2017 4 hours ago, ProDave said: [...] I am now billy no mates. I walked down the road while he was out at his van the other day, and barely got a grunt to acknowledge I was there. ~Normally he would have a good chat. [...] People show themselves for what they are when things go wrong. Link to comment Share on other sites More sharing options...
ProDave Posted April 25, 2017 Author Share Posted April 25, 2017 17 hours ago, NSS said: Sounds like a good result Dave. What I don't get is why the guy would ever have wanted to 'bury' the burn in a culvert in the first place. I'd love to have such a feature running through my back yard, even if there was an occasional chance of it flooding. My thoughts entirely. If you wanted a house with a large flat garden, why would you buy one that has a burn running across the garden with the ground rising steeply the other side? I agree it's a lovely feature to have and I would not want to hide it. What's not to like? 1 Link to comment Share on other sites More sharing options...
Jeremy Harris Posted April 25, 2017 Share Posted April 25, 2017 My guess is that the neighbour will get over it in time. It takes a lot of bitterness to stay angry for any length of time, and the bottom line here is that it's not you you wrote the SEPA rules, all you did was the sensible thing and pointed them out to the chap. Link to comment Share on other sites More sharing options...
NSS Posted April 25, 2017 Share Posted April 25, 2017 2 hours ago, ProDave said: My thoughts entirely. If you wanted a house with a large flat garden, why would you buy one that has a burn running across the garden with the ground rising steeply the other side? I agree it's a lovely feature to have and I would not want to hide it. What's not to like? We tried very hard to get a plot with a brook running through it, even did preliminary designs for what we'd have wanted to build on it. That design had the lounge separated from the rest of the house by the brook, with an enclosed glass bridge/corriidor connecting the two. Just couldn't persuade the old couple who owned it to sell. Link to comment Share on other sites More sharing options...
ProDave Posted May 23, 2017 Author Share Posted May 23, 2017 This is not over yet. The neighbour has still not spoken to me. But he has been speaking to my tenant in my old house. But he is apparently applying to SEPA for permission to culvert the burn across his garden. It will be interesting to see if they give him permission or not. At least if they do one would hope they will be specifying a proper size of pipe to be used. 1 Link to comment Share on other sites More sharing options...
MikeSharp01 Posted May 23, 2017 Share Posted May 23, 2017 I guess that is progress of sorts, might it be worth checking the SEPA process to see if there is any consultation process or stakeholder comment scheme? Link to comment Share on other sites More sharing options...
Nickfromwales Posted May 23, 2017 Share Posted May 23, 2017 1 hour ago, ProDave said: This is not over yet. The neighbour has still not spoken to me. But he has been speaking to my tenant in my old house. But he is apparently applying to SEPA for permission to culvert the burn across his garden. It will be interesting to see if they give him permission or not. At least if they do one would hope they will be specifying a proper size of pipe to be used. At least that will give you full and proper recourse against him in any adverse event. I'd say that's a result. To clarify, are you ok with him culverting the burn appropriately under / complying with the relevant guidelines? Link to comment Share on other sites More sharing options...
Onoff Posted May 24, 2017 Share Posted May 24, 2017 Out of interest can you extract water from a brook on your land for domestic use like gardens, WC, (washing machine?) use or do you first need a licence of some sort? Link to comment Share on other sites More sharing options...
Crofter Posted May 24, 2017 Share Posted May 24, 2017 In theory you need an abstraction licence but in practice you'd likely be under the radar. I have a small burn in the garden and wouldn't want to use it for washing clothes in... at least not without some sort of filtration or treatment. Link to comment Share on other sites More sharing options...
ProDave Posted May 24, 2017 Author Share Posted May 24, 2017 You can abstract small amounts without a licence, I forget the figure. If I was going to water the garden from the burn I would just drop my submirsible pump in, use it, then remove it, and tell nobody. In my last house we had the old well in the garden. I had a pump in that for watering the vegetables. Yes I am happy for him to culvert the whole lot if he puts a big enough pipe in and SEPA have approved his plans. What I was against was him putting a small pipe in that from my experience would not have coped with the flow on at least 2 occasions since we have been here, hence it would have backed up and my garden wold have become a pond. Link to comment Share on other sites More sharing options...
CC45 Posted May 24, 2017 Share Posted May 24, 2017 Think its 20m3 max per person per day. Happy to be corrected. Link to comment Share on other sites More sharing options...
asklair Posted May 24, 2017 Share Posted May 24, 2017 https://www.sepa.org.uk/regulations/water/abstractions/ " Abstractions of less than 10m3 per day do not require an application for authorisation, as they should be carried out in accordance with a general binding rule (GBR2) – section 4.3 of our CAR Practical Guide contains more information. " 1 Link to comment Share on other sites More sharing options...
Triassic Posted May 25, 2017 Share Posted May 25, 2017 (edited) I'd let him know that you know he's applied to culvert the burn, I'd be very nice about it an thank him, point out that the last thing you wanted was to be flooded out of your home, what with flash flooding, poorly designed and built culvert blah, blah blah. Leave him something to think about, after all he's the one who could have been the villain here. Edited May 25, 2017 by Triassic Link to comment Share on other sites More sharing options...
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