A CONSTRUCTION firm has been heavily fined for contravening by-laws which led to serious flood damage to three properties in Colne.

Barnfield Constructions contract director Steve John Ryder pleaded guilty at Reedley Magistrates to the charge after the firm failed to abide by conditions when they diverted a stream through a culvert.

This resulted in the culvert being unable to cope during heavy rain and caused three properties in Rigby Street, Colne, to flood.

The court was told the company is the main contractor in the development of a site off Vivary Way, where a new warehouse is being built on behalf of Boundary Mill Stores.

In order to develop the site it was necessary to divert the watercourse called the North Valley Stream across the site in a culvert.

Prosecuting for the Environment Agency (EA), Damien Healey, said: "It is essential for the culvert to be kept clear to avoid backing up and causing blockage.

"In June 2006 Boundary Mill Stores made an application to the Environment Agency for consent to divert the culvert and consent was duly granted in July 2006.

"The proposal was for the new culvert to be built outside the footprint of the new warehouse so that the watercourse would be permanently diverted around it.

"It was proposed that the diversion route would be constructed first and the river would be diverted via the new culvert before the construction of the warehouse was commenced."

On July 23, 2007, following flood reports at Rigby Street, an EA officer visited the site and found construction of the warehouse had begun before the diversion of the watercourse had taken place.

The only access to the culvert was at either end, which had not been consented by the EA.

The agency's Breathing Apparatus Team had to carry out an inspection of the culvert which took three-and-a-half days.

They reported that pipework had been installed within the old culvert whilst the stream was still flowing through it.

Mr Healey said the capacity of the culvert had reduced by 80 per cent so it was unable to cope with the upstream flow as there been heavy rainfall.

He added: "By disregarding their responsibilities in relation to the watercourse the defendant company had caused flooding."

Mr Ryder said: "We take responsibility for what happened. In mitigation, what I will say, is an application had been made for diversion of the culvert.

"We had problems at the site - our contractors were well behind the programme.

"It is with regret that we proceeded. Whilst the new culvert had not been completed, the culvert was in the process of being completed."

Magistrates fined the company £2,500 and ordered them to pay a total of £3,887 in costs.