[2023] UKUT 201 (LC)

There has been a water mill at Langley Mill, in the Colne Valley in Essex, since at least the seventeenth century and possibly since Roman times. It is many years now since grain was ground there, and today there is no mill wheel; but the river Colne, running from Great Yeldham to the sea at Brightlingsea, flows beneath the building as it has done for centuries.

It also flows around a channel to the north of the mill, and there lies the quarrel about this beautiful property. The parties are in dispute about liability for maintaining the channel, and also about work done by the Environment Agency over twenty years ago which the mill owner, Mr Dale Gould, says is causing and will cause damage to his property.

Mr Gould has brought an action in the County Court for declarations about the construction of a deed made between his predecessor in title, Major Courtauld, and the Essex River Board being the statutory predecessor of the Agency. He has also made a claim in the Upper Tribunal against the Agency for compensation under paragraph 5(1) of Schedule 21 to the Water Resources Act 1991.

The two actions were heard together. This judgment is in three parts. Part 1 explains the role of the Environment Agency and sets out the factual background to the two actions. Part II comprises the reasons of Judge Cooke, sitting as a County Court Judge, for the County Court order made today. Part III is the decision of the Tribunal (Judge Cooke and Mr Peter McCrea FRICS FCIArb) in the compensation claim.

Mr Gould was represented in both actions by Mr John Bates, and the Environment Agency by Mr Ned Westaway and Ms Caroline Daly; we are grateful to them all. We visited Langley Mill on Monday 12 June 2023, on a gloriously sunny day when the yellow irises were in flower, accompanied by Mr Gould and by Mr Willis of the Environment Agency; we are most grateful to Mr Gould for showing us round.