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Kent 4 star Council

Contacts

Kent Highway Services
Kent County Council
Invicta House
County Hall
Maidstone
Kent ME14 1XX

Telephone icon 08458 247 800
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Email icon kent.highwayservices @kent.gov.uk

Highway flooding

We need to make sure that rain is cleared quickly and effectively from roads and pavements. We do this by maintaining the highway's drainage system. Where this is not sufficient, we will take further measures to make sure roads stay open and safe.

What about water from other rivers or private land?

It is not automatically the council's responsibility to clear any water that has not been caused by rainfall on the highway.

  • there is no duty on the highway authority to deal with surface water run-off from adjacent land

There are powers under the Land Drainage Act 1991 which enable the highway authority to require an adjacent landowner to carry out reasonable drainage works.

However, these powers have not been used by the council to date.

  • where there is surface water run-off from land adjoining the highway, the highway authority are not automatically responsible for ensuring that the highway remains open for its intended use

There is a duty however, to see that the highway is safe to a reasonable standard for the classes of user entitled to use it.

In deciding any legal action against the highway authority, a court would need to assess whether or not the they had acted reasonably.

In consideration of this, factors such as notification to the highway authority and the exercising of reasonable care by motorists would probably be taken into account.

  • there is a duty on any landowner not to obstruct the natural flow of a watercourse in his land

This is relevant to the highway authority for culverts under the highway and bridges over watercourses.

Guidance on this subject is unclear at present. Currently though, when a new structure is designed, the natural flow is taken as the flow to the top level of the lowest of the two banks upstream of the structure.

Design standards for extraordinary events (floods) are normally dictated by the Environment Agency.

The situation with existing structures is more complicated.

See also

Copyright Kent County Council 2008