Memorandum submitted by Edward Stephens
(FL 87)
BROADWELL BROOK—LACK OF MAINTENANCE
EXECUTIVE SUMMARY
My wheel tries to discharge the tail race at
an invert 700mm below the bed level of the Broadwell Brook, down
stream of my water mill. This silted up and blocked water course
causes my property to flood.
1. I have contacted my District Council
and County Council who have informed me by letter that the maintenance
of the Broadwell Brook is the responsibility of the Environment
Agency.
2. I am concerned that although the Environment
Agency is responsible for flood defence, and thus responsible
for the Broadwell Brook (designated Main River) adjacent to my
home, the Environment Agency has continuously failed to ensure
that this watercourse is properly maintained despite being aware
of the need.
3. The EA having themselves failed to ensure
that the Broadwell Brook is properly maintained, I believe their
decision to withhold consent for myself to maintain Broadwell
Brook is unreasonable.
4. I am concerned that the on going failure
to maintain this watercourse will result in an ever-worsening
situation, with both the probability and consequences of flooding
increasing over time.
SUBMISSION
1. I am the owner of, and have lived at
Little Clanfield water mill since 1976.
I am concerned that the Environment Agency is
failing to ensure that the Broadwell Brook is properly maintained.
2. Over the last 30 years I have witnessed
an increasingly rapid decline in the capacity of the Broadwell
Brook downstream of my watermill. The Broadwell Brook is not owned
by me. This reduction in capacity is caused by aggradation ie
material deposition, over time, with consequential bed rise, uncontrolled
tree growth and various unauthorized constructions. I believe
this combination contributed to the recent flooding of my home
and also Clanfield village.
3. In my opinion, the Broadwell Brook has
been in urgent need of maintenance for many years. Now, in times
of normal and high flows, the water backs up due to the reduced
capacity of the watercourse. My Mill was flooded recently, and
there is evidence that the reduced capacity of the Broadwell Brook
exacerbated the July 2007 flood event.
4. Furthermore in times of low flow, what
little water there is just disappears into the rising bed of the
watercourse, resulting in complaints about lack of water from
my downstream neighbours.
5. The Broadwell Brook is designated "main
river" in recognition of its importance for both flood defense
and land drainage purposes. The EA is legally responsible for
the condition of this watercourse and has been aware of the problems
for many years.
6. I believe it is their job to ensure that
this watercourse is properly maintained, but they have done nothing.
The EA has not taken action themselves nor against the riparian
owners and I believe that the failure to take any action has aggravated
flooding in Clanfield Village.
7. Farm land downstream of Clanfield village
avoided flooding because the Broadwell Brook and Clanfield village
brook was restricted. I am concerned that the on going failure
to maintain this watercourse will result in an ever-worsening
situation.
8. In the absence of action by the EA, I
sought permission to re-grade the Broadwell Brook ie re-instating
appropriate bed gradient by means of material removal. Re-grading
downstream would be beneficial to the environment but the EA has
withheld consent, a decision I believe to be incorrect (EA ref
SP205E/8/1/MRD/9).
9. Furthermore the EA is now prosecuting
me again, for the third time, for failing to set my sluices in
accordance with their directions. They appear convinced that adjustments
of my sluices is the correct solution to the problem of insufficient
water downstream. I look forward to the opportunity to put my
evidence at the five day Court hearing scheduled for November.
10. I am concerned that the EA is generally
failing in its responsibility to ensure that our watercourses
and drainage ditches are properly maintained for flood purposes,
in contrast to the National Rivers Authority and their predecessors)
and fail to recognise the need to properly maintain the watercourses
for flood defence purposes.
11. Therefore in conclusion although responsible
for the Broadwell Brook the EA have failed to ensure or enforce
appropriate bank and bed maintenance over many years, resulting
in a watercourse unable to serve its purpose.
12. Having repeatedly failed to recognize
that the problem of shortage of water downstream in times of low
flow could be resolved by watercourse maintenance rather than
sluice adjustment, I am unhappy that the EA are prosecuting me
yet again for failing to set my sluices in accordance with their
directions.
13. Having themselves failed to ensure that
the Broadwell Brook is properly maintained, I believe their decision
to withhold consent for myself to maintain Broadwell Brook is
unreasonable.
E Stephens
September 2007
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