Land Drainage
Other Responsible Bodies
- DEFRA
- Environment Agency (Agency)
- County Councils
- Drainage Body
- Highway Authority
- Ripairan Owners
- Water Companies
DEFRA
The Department for Environment, Food and Rural Affairs (DEFRA) (formerly MAFF) is the Government department with overall policy responsibility for flood defence and coast protection in England. It promotes and administers the statutory framework for flood defence and coast protection.
Environment Agency (Agency)
Under the Environment Act (EA) 1995 the Agency has a duty to exercise a general supervision over all matters relating to flood defence in England and Wales. It also has permissive powers under the WRA 1991 in respect of "main rivers", which deal with maintenance, improvement works and construction. The Agency is also a formal consultee on certain planning and development control maters relating to land drainage and flood defence.
County Councils
A county council has two distinct interests in land drainage matters, ie as a drainage body and as a highway authority.
Drainage Body
The LDA 1991 confers powers on county councils which in some respects are similar to some of the powers given to district councils. The powers enable a county council to act in default of a district council, but this does not often occur. Should you require further information about the Drainage Body, please contact the Assistant Engineer in the Department of Planning & Transportation on Tel: 01329 236100, Ext: 2680 or e-mail engineering.transportation@fareham.gov.uk.
Highway Authority
As a highway authority for all roads within its area, except trunk roads, there is a responsibility on a county council, or its agent, to keep the roads free from flooding and to make provision for run-off from highways in a proper manner. The highway authority is responsible for maintaining road drains which are vested in it. In general it is not responsible for roadside ditches, the maintenance of which are the responsibility of the adjacent land owners.
Riparian Owners
The owner of land on the banks or under the bed of a natural watercourse has 'riparian rights', based on common law. He has the right to have water come to him in its natural state, in flow, quantity and quality, and to go from him without obstruction. Although a riparian owner is responsible for a watercourse on his land, he is under no common law duty to clear a watercourse which becomes silted or obstructed through natural causes. Under statute law, however, drainage authorities may require and enforce riparian owners to carry out such works. The riparian owner must obtain the consent of the drainage authority before the construction of, or alteration to, any mill, dam, weir, or similar obstruction or culvert in an ordinary watercourse. For clarification of your role as a riparian owner please contact the Assistant Engineer in the Department of Planning & Transportation on Tel: 01329 236100, Ext: 2680 or e-mail engineering.transportation@fareham.gov.uk.
Water Companies
A water company is responsible for maintaining public foul and surface water sewers vested in them. These will generally be shown on the public sewer records.
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