VILLAGERS have expressed their disappointment after a Government department has said it has no powers to stop a proposed development which they say is a flood risk.

The Department for the Environment, Food and Rural Affairs (Defra) has said it cannot intervene to stop an application for a development in Hurworth which the Environment Agency (EA) says poses an unacceptable flooding risk.

However, it has warned developers if the agency’s advice is not followed, gaining affordable flood insurance for the properties could be problematic.

The agency is unable to oppose the development at Croft House by builder Yuill Homes because of a legal loophole.

Despite a new EA report published last year, upping the area from a level two to level three flood risk, the builders are legally entitled to erect the development on the terms agreed in the outline permission.

This was granted in 2007, when the area was a level two risk.

Under the terms, Yuill is able to use this data to determine floor levels and other details.

The builder has now submitted an application to Darlington Borough Council for detailed planning permission.

A Defra spokesperson told The Northern Echo: “Defra has no role to intervene in this case.

“The local planning authority has the ability to revoke the original planning permission, but this is a power which can only be used in specific and exceptional circumstances.

“However, the developer shouldn’t assume that insurers will offer to provide affordable flood cover to the properties, as homes built after January last year are not covered by the Government’s agreement with the insurance industry that means flood cover is widely available.

“It is therefore in the developer’s interest to heed the latest advice from the EA, and alter the plans accordingly.”

Sue Williams, who lives in Tees Way, near the development, said the response was disappointing.

“We just despair. Everyone says it should not happen, but no one seems to be able to help us,” she added.

But a spokeswoman for the builders said drainage requirements were set down by the EA when planning permission was granted and the scheme does comply with those requirements.

She said: “Design engineers have advised us that the formation of a substantial hollow within the front garden of Croft House, designed to accommodate flood water, would in fact divert water away from adjacent properties in the event of rising river levels.

“Therefore, this scheme would also be of benefit in reducing flood risk to those living adjacent to the site.

“On the matter of insurance, we do not believe that we will have any issues in this regard.”