Land Drainage
Land Drainage Strategy
The Council
Fareham Borough Council has permissive powers under the Land Drainage Act 1991 which generally relates to flood prevention, maintaining flows and the making of byelaws in respect of "ordinary watercourses", ie non "main river" only. This may involve serving enforcement notices on the riparian owners of obstructed watercourses, maintaining and improving existing watercourses or constructing new works. Where the condition of an ordinary watercourse causes a statutory nuisance, a district council can also use powers under the PHA 1936 to take action against the riparian owner of the offending watercourse. The Local Government Act (LGA) 1972 enables a Council to incur expenditure to avert, alleviate or eradicate the effects or potential effects of any emergency or disaster.
Land Owners
Individual owners are responsible for the drainage of their own land, and for accepting and dealing with the natural catchment flows from adjoining land. The primary responsibility for maintaining the proper flow of water within a watercourse therefore rests with the landowner through whose land the watercourse flows( the riparian owner). They must not permit an artificial obstruction to the natural flow without consent.
Legal Powers
Powers given to public authorities are, in general, permissive, thereby recognising the rights of obligations of riparian owners and other individuals, and giving such authorities a degree of discretion over public expenditure priorities. However, the Government does expect the powers to be exercised when necessary. If it was made a duty to exercise the relevant powers, public authorities could be open to claims for compensation should flooding and property damage occur as a result of private individuals not maintaining their watercourses or flood defences and the public bodies have not taken any action.
The LDA 1991 re-enacts most of the previous land drainage provisions, but those relating to the Agency and main rivers appear in the Water Resources Act (WRA) 1991. The LDA 1994 adds new environmental duties to the LDA 1991.
The principal legislation governing the land drainage function of district councils is contained within the LDA 1991. However, some of the powers given to district councils in the Public Health Act (PHA) 1936, and Part III of the Environmental Protection Act 1990 concerning statutory nuisance, have relevance to land drainage matters.
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