The changing character of flood defence law

The law on flood and coastal defence is entering a period of fundamental change. Previously it was generally accepted that public bodies with flood defence responsibilities had permissive powers to undertake flood defence work, but were not subject to legal duties to do so. Individuals had no rights to protection against flooding, and no remedies were available where flood damage occurred due to inaction by flood defence authorities. These fundamental principles of flood defence law are being challenged upon two fronts. First, the civil law of private nuisance now recognises that those with control over land may be liable for an unreasonable failure to prevent flooding of neighbouring land. Second, human rights legislation has been interpreted to encompass a right to protection from flooding under some circumstances. There are considerable difficulties in reconciling these innovations with the traditional interpretation of the law, and there are fundamental questions to be addressed as to whether it is realistic to endorse an unqualified right to flood protection.