Land Drainage - Ordinary Watercourses (Not Main Rivers)
What are the types
of flooding?
What is flash
flooding?
Who
is responsible for the maintenance of watercourses?
What is
my responsibility as an owner of land with a watercourse?
Who is
responsible for ditches within the highway?
Local Land
Drainage Authority
Local Land Drainage
What are the types of flooding?
There are two types of flooding with regularly occur in the Wyre
Forest District.
- Flooding of major rivers and watercourses
- Flash flooding due to local rainfall
The Environment Agency assess the risk of flooding from main
rivers, reduce or manage those risks and provide flood warnings in
the area.
What is flash flooding?
Flash flooding occurs when the drainage infrastructure is
overwhelmed as a result of intense rainfall in the locality.
Flash flooding develops rapidly and cannot be predicted with any
reliability through weather forecasting. Each event is
sensitive to prevailing local conditions, which govern its extent,
severity and duration. No system of warning exists for flash
flooding, principally because the periods of warning that could be
given would be too short to be of any significant practical
use.
Flash flooding is occurring more frequently for a number of
reasons, including:
- Changes in land use which create less natural drainage, for
example increases in road building.
- Poor maintenance of ditches, drains, streams and culverts.
- Changes in weather patterns.
Who is responsible for the maintenance of watercourses?
No single body has the responsibility to manage rivers and
watercourses in respect of flooding. The Environment Agency
has a duty to exercise supervision over all matters to do with
flood defence and has powers to maintain and improve main
rivers.
What is my responsibility as an owner of land with a
watercourse?
As the owner of land with a watercourse you have the
responsibility to allow the flow of water without obstruction,
pollution or diversion affecting the rights of others.
You have the responsibility to accept the flood flows through your
land, even if caused by inadequate capacity downstream, as there is
no common law duty to improve a watercourse.
It is also your responsibility for maintaining the bed and the
banks of the watercourse (including any trees and shrubs growing on
the banks) and for clearing any debris, natural or otherwise,
including litter and animal carcasses even if it did not originate
from your land.
You must not cause any obstruction to the free passage of
fish.
Rivers and their banks should not be used for the disposal of any
form of garden or other waste.
Who is responsible for ditches within the highway?
In the case of new roads, the highway authority owns only the
surface of the road and their powers do not extend to the
maintenance of watercourses. It is therefore usual for
roadside ditches to be the responsibility of the adjoining
landowner. Where there is confusion over who is responsible
for the ditch, the Wyre Forest Highways Partnership Unit may be
able to help. They can be contacted on telephone number 0845
607 2005.
Local Land Drainage Authority
Wyre Forest District Council can exercise its powers under the
Land Drainage Act 1991 where appropriate.
The Act gives local authorities powers to deal with obstructions in
ordinary watercourses. If the obstruction impedes the flow,
the council may serve notice on the owner to remove the
obstruction.
Wyre Forest District Council will continue to encourage landowners
to resolve watercourse problems themselves.
Local Land Drainage
The Environment
Agency must give consent before any structure likely to affect
the flow is placed in a watercourse. This is particularly important
when proposing piping or culverting of a watercourse. Inadequately
culverted watercourses can and do create flooding, safety,
maintenance and environmental problems.
The Environment
Agency is therefore generally opposed to the culverting of
watercourses and consent will usually only be granted if there is
no practicable alternative.
Download Land
Drainage -Ordinary Watercourses guidance leaflet (107K)
Water run off from agricultural land
The Agricultural
Land Tribunal may be able to assist in relation to a need for
maintenance of ditches and drainage from agricultural land.
In the event of flooding what are the Do’s and Don’ts?
Do
- Stay calm.
- Check that neighbours (particularly the elderly and infirm) are
aware of any flood warning.
- Move people and animals to a place of safety.
- Switch off the gas, electricity and water.
- Have spare clothes, waterproofs, torch and batteries readily
available.
- Ventilate your building after flooding, less damp means less
drainage.
- Contact the emergency services if you consider yourself or
family to be at risk because of severe flooding and/or damage
caused.
- Contact the Environment Agency floodcall and listen to the
radio for up to date news and information.
Don’t
- Throw rubbish into watercourses or leave debris on the
bankside.
- Use electrical equipment exposed to flood water.
- Use domestic water supply until you are advised that it is safe
to drink.
- Drive vehicles through floodwater such that bow waves are
created which could damage roadside properties.
- Dispose of any damaged goods until your insurers have had a
chance to inspect them.
Useful contact numbers for help and advice
Environment Agency Flood Line - Telephone 0845 988 11
88 or
Environment Agency General Enquiries - Telephone 08708 506
506 or
For any further information please email Customer Services
or telephone them on 01562 732928 or write to us at:
Wyre Forest District Council
Planning and Regulatory Services Directorate
Private Sector Housing Team
Duke House
Clensmore Street
Kidderminster
Worcestershire
DY10 2JX