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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. |