Early strategic advice and site appraisal
Mayer Brown became involved immediately following exchange of the promotion agreement in January 2024. Our early appraisal assessed flood risk constraints, drainage feasibility and policy risk, allowing the client to proceed with confidence that the site could be promoted and ultimately defended.
This early input shaped the drainage strategy from the outset, ensuring it was proportionate, evidence-led and capable of withstanding future challenge, not just meeting minimum submission requirements.
Flood Risk Assessment and Drainage Strategy
We prepared a comprehensive Flood Risk Assessment and surface water drainage strategy, informed by detailed understanding of local catchment conditions, attenuation requirements and discharge controls. The strategy demonstrated that surface water could be managed sustainably without increasing flood risk on- or off-site.
Crucially, the approach anticipated the types of objections commonly raised at appeal, reducing the risk of late redesign or technical vulnerability. It meant also that there was no requirement for the Sequential Test because it was demonstrated the development would be safe for its lifetime and would not increase flood risk elsewhere.
Proactive stakeholder engagement
Mayer Brown worked closely with the Lead Local Flood Authority (LLFA) throughout the process, responding constructively to technical queries and refining proposals where appropriate. This proactive, solution-focused engagement secured LLFA support for the drainage strategy prior to determination.
Planning application and appeal
A planning application was submitted in August 2024 and was recommended for approval by officers, subject to conditions. Despite this, the scheme was refused at committee.
Mayer Brown supported the subsequent appeal, acting as expert witness at Public Inquiry. Our flood risk and drainage evidence was challenged by a Rule 6 party, but we successfully defended the methodology, assumptions and conclusions through written evidence and cross-examination.
Because Mayer Brown had shaped the technical strategy from the earliest stages, there was full continuity between site appraisal, submitted evidence and inquiry testimony. This was a critical factor in maintaining credibility under scrutiny.
