Nick Luthi is appealing to the government over the flood ruling
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A businessman claims he is the victim of council bureaucracy after he was told he could not use an upstairs flat due to the risk of flooding.
Nick Luthi was given the go-ahead by Lewes District Council to turn a shop in the old cliff area of the East Sussex town into a modern restaurant.
However, when he asked if the chef could live upstairs, he was refused permission because of floods.
Lewes was devastated by severe flooding in October 2000.
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It seems strange that you can have 90 guests dining downstairs when the flood waters are rising, but 20 ft above I'm not allowed to have one chef in residence
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Millions of pounds damage was caused to dozens of houses and businesses in the area following torrential rain.
But Mr Luthi said despite the devastation of three and a half years ago, the council's decision defied common sense.
"All we wanted was for the chef to be able to live upstairs.
"Because they work such anti-social hours and this is a licensed premises we wanted somebody to live above the shop," he explained.
He is appealing to the government, and said he was irritated because the council was trying to encourage people who work in an area to live in that area.
"It seems strange to us that you can have 90 guests dining downstairs when the flood waters are rising and lapping at their feet but 20 ft above the flood level I'm not allowed to have one chef in residence," Mr Luthi said.
Lewes District Council has pointed out that if the chef were trapped upstairs by severe floods in the early hours of the morning, it would be an added burden on the emergency services.
It says it is only following government guidelines.