INTERNAL DRAINAGE/LAND DRAINAGE

GUIDANCE NOTES

1. The District Council’s Role as Local Land Drainage Authority.

The District Council is the Local Land Drainage Authority for the area covered by the Derbyshire Dales administrative boundary. This role is defined under the Land Drainage Act 1991. This gives the District Council powers to serve notice on ‘Riparian Owners’ for the removal of blockages to any ‘Ordinary Watercourse’. Should the ‘Riparian Owner’ fail to do so the District Council has powers to undertake the work itself and recharge the costs to the ‘Riparian Owner’. However, in practice the use of such powers is usually not necessary, with problems being resolved by the owners following discussions with the District Council.

In addition, under the above Act the District Council has powers to undertake flood alleviation works on ‘Ordinary Watercourses’. These are permissive powers only with the District Council being able to decide whether or not to employ them in relation to a particular problem. Normally the use of such powers would only be considered where the benefits of a scheme outweigh the capital costs.

2. What is an ‘Ordinary Watercourse’?

This can be a river, stream, ditch, drain, cut, dyke, sewer (other than a Public Sewer or Highway Drain) or passage through water flows that does not form part of a ‘Main River’ (see item 5 below).

3. What is a ‘Riparian Owner’?

If you have an ‘Ordinary Watercourse’ or a ‘Main River’ running through your land you are likely to be the ‘Riparian Owner’. If you have an ‘Ordinary Watercourse’ or ‘Main River’ running along the boundary of your land you are likely to be the joint ‘Riparian Owner’ together with the landowner on the other side.

4.What are my responsibilities as a ‘Riparian Owner’ on an ‘Ordinary Watercourse’?

As a landowner, you have certain responsibilities in relation to an ‘Ordinary Watercourse’ flowing through or adjacent to your property. In such cases you are likely to be the ‘Riparian Owner’. If so your legal duties will include:

· The responsibility to pass on the flow without obstruction, pollution or diversion affecting the rights of others.

· The responsibility for maintaining the watercourse, and for clearing any debris, even if it did not originate from your land.

· The responsibility for keeping the watercourse clear from any matter that could cause an obstruction, either on your land, or by being washed away by high flow and causing an obstruction further downstream.

Works on any watercourse require Land Drainage Consent from the Environment Agency and may also require Planning Permission from the Local Planning Authority.

5. Powers in relation to ‘Main Rivers’ in the Derbyshire Dales and which are the ‘Main Rivers’ in our District?

The Environment Agency designates which are ‘Main Rivers’ and has powers to maintain and improve them. Riparian Owners still have certain responsibilities in relation to ‘Main Rivers’.

In the Derbyshire Dales the ‘Main Rivers’ are: -

· River Derwent.
· River Wye.
· Henmore Brook (Ashbourne).
· Bar Brook (Baslow).
· Bentley Brook (Tansley).
· Bentley Brook (Ashbourne).
· Hilton Brook (Longford).
· Foston brook (Boylestone).
· Dale Brook/Stoke Brook from The Dale nr B8521 junction above Stoney Middleton to River  Derwent.
· Bradwell Brook from disused shaft upstream of Bradwell village to River Noe at Brough.
· Unnamed tributary of Bradwell Brook from Brookside to Bradwell Brook at Bradwell village.
· Tideswell Brook from Manchester Road to River Wye at Tounge End, Tideswell and Litton Parishes.
· Warney Brook from weir off Lady Grove Road, Two Dales to River Derwent.

6. What if flooding is occurring as a result of run-off from one private property to another with no watercourse involved?

Normally this will be a civil matter between the parties involved.

7. Further Advice

The above information is intended only to be used as a guide. The below should assist you in determining who should be contacted for further advice if you are concerned over problems relating to watercourses or flooding: -

If your enquiry relates to a ‘Main River’ contact the Environment Agency.

Tel: 08708 506506. e-mail: enquiries@environment-agency.gov.uk

If your enquiry relates to a ‘Public Sewer’ contact Severn Trent Water.

Tel: 0800 7834444. e-mail: customer.relations@severntrent.co.uk

If your enquiry relates to a ‘Highway Drain’ contact Derbyshire County Council

Tel: 08456 058058. e-mail: call.centre@derbyshire.gov.uk

Contact the District Council, on Tel: 01629 761362 or email propertyservices@derbyshiredales.gov.uk or use the form below.