AN ANGRY householder is taking legal action after his plans for a new house were rejected in a landmark ruling.

Geoff Asprey, whose plans were thrown out because the plot was said to be too big a flood risk, said he would be taking the Environment Agency to court under the Convention of Human Rights.

He appealed after Selby District Council refused his plans on the advice of the agency, and has just been told he has lost his "test case".

Mr Asprey lives next to the proposed site, in Mill Garth, Beal, next to River Aire flood defences.

The agency advised the council that under new Government planning guidance, following the November 2000 floods, the plans should be rejected as " too big a risk".

Agency engineers said if the banks were overtopped, the property would be inundated very rapidly, putting the occupants at risk.

Mr Asprey, a builder, said today the ruling contravened his rights under the Convention of Human Rights, which stated every person was entitled to "peaceful enjoyment" of his possessions.

He said: "If the plot next door isn't safe, then obviously my house isn't safe. We're frightened of living here now."

Beal is now included in one of the new "indicative" flood plain maps, published by the agency.

It is the first time that Selby Council has rejected an application for new housing on the advice of the agency.

Selby councillor Roy Wilson said the landmark ruling could jeopardise housing plans across the district.

He said: "Selby area is low-lying, with lots of settlements in flood plains. It could mean that quite substantial areas will be refused planning permission on the agency's advice."

An agency spokesman said it had received Mr Asprey's letter and its solicitors would be responding in due course.

He said the agency was acting on the Government's latest planning guidance.

The council's senior planner, Richard Borrows, said: "The key issue in this case was the plot's proximity to the flood defences.

"When Mr Asprey got consent for his own house, this advice from the agency wasn't around."

Updated: 14:27 Monday, April 29, 2002