Peel’s High Court win improves Pomona’s prospects

PEEL Group has successfully had a decision by the Environment Agency which designated large areas of land around the Manchester Ship Canal as high-risk flood zones overturned.

A ruling by Mrs Justice Lang in the High Court last week in a case brought by Peel’s Land & Property Arm and the Manchester Ship Canal Company effectively means that around 300 acres of land that sit on the Salford and Trafford banks of the Ship Canal can be developed on again.

A decision by the agency to classify five sluice gates on the canal as “formal flood defences” meant it had to consider the prospect of their failure in assessing flood risks.

This meant that the land, which included important regeneration sites like Pomona where Peel had previously planned 1,500 homes, would be unlikely gain consent for new housing schemes.

Trafford Council had previously included Pomona in its core strategy but had to take it out when the agency included it on its flood risk map.

However, the Judge agreed with Peel that its sluice gates were “de facto” rather than formal flood defences – although they directly limit the spread of flood water, that is not their primary purpose. This means the agency will have to re-draw its flood map for the area, placing a lower category of risk on the land.

A spokesperson for the Environment Agency said: “Following the court’s judgment, we are considering our next steps and deciding whether or not to seek leave to appeal.”