Who is responsible for land drainage

Severn Trent Water Authority. South Staffordshire Water. Water Pollution Guide. Land Drainage. Land Drainage Responsibilities Land Drainage is a complex area of responsibility, but in short a landowner is responsible for the drainage of their land. Highway water run-off The riparian owner of any ditches alongside roads is normally the adjoining landowner, as the highway boundary invariably lies along the top of the bank closest to the road. Who enforces the maintenance of a watercourse? Planning If you propose to discharge surface water from a new building or development into an existing watercourse you may be required to make improvements downstream to enable the watercourse to deal with any increased flow or to provide storage to control the rate of flow from the site.

What do I do if I'm being flooded? Further Information For further information, please contact us using the details below. If the ditch borders your property then you are the riparian landowner. If the land on the other side of the ditch is council owned then you share the responsibility with the council unless either party can prove otherwise. Unless the ditch was constructed for the specific purpose of draining the highway then it remains the responsibility of the riparian owner.

Even if the ditch is often dry the responsibility of maintenance still applies. The ditch may form an important function in holding water in times of flood. The Land Drainage Act places responsibility for maintaining water flows in watercourses on landowners. Under the Act it gives the Norfolk County Council powers to serve a notice on landowners to ensure works are carried out to maintain a flow. As in many areas, Breckland has experienced flooding and often people know they live in a flood risk area.

In some areas, where the risk of flooding is from rivers and the sea, the Environment Agency supply up to date flood warning information. Unfortunately, other types of flooding, such as sudden flash floods caused by heavy rain, cannot be forecast.

The first responsibility for protection of property lies with the owner or occupier of that property. These preparations could include some of the readily available DIY flood protection equipment, sandbags, door kits, etc. Where a riparian owner refuses to maintain a ditch and flooding occurs, it may become a civil matter between the parties involved.

Breckland Council has a limited ability to assist at times of emergency but may be able to offer some protection from the immediate threat of flooding to living accommodation only not sheds, garages or driveways.

We have a few sandbags but are restricted by resources and other demands on our work force. You should not, therefore, rely on us to provide sandbags when flooding occurs. Watercourses should be kept free of rubbish and other debris as well as garden refuse, such as grass cuttings. They should also be kept clear of excessive undergrowth, tree roots, etc. Cut material from any clearance work should be deposited clear of the watercourse or disposed of to avoid re-entry.

Decisions before this and for a transitional period may still take account of the old guidance Planning Policy Statement Development and Flood Risk. You can find this on the Gov. The Department for Environment and Rural Affairs - for information on flooding www.

Our fact sheets give some general information about the most common type of complaints we receive but they cannot cover every situation. If you are not sure whether we can look into your complaint, please contact us.

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My property has been affected by flooding, or is at serious risk of being affected by flooding, and I think this is the result of action involving the council or the Environment Agency. Can the Ombudsman help me? Flooding or the risk of flooding can come from the sea and two types of watercourses: Main rivers. All watercourses of any description fall to the landowner to maintain, which in some instances may be the Borough Council but more often will be private landowners.

The Council holds a budget to meet its own responsibilities on its own land and operates an asset maintenance program for the inspection and clearance of its own trash screens, culvert inlet and silt traps. The Council can serve notice and carry out works if ditches and culverts have become blocked resulting in a flood risk or health hazard.