Buckinghamshire Council Land Drainage Enforcement Policy

The Land Drainage Act 1991 is the main legislation that gives BC powers for land drainage enforcement under Section 24 and 25 (Appendix 1). However there is other legislation that has relevance and could be utilised in situations where the LDA 1991 poses limitations. The legislations and relevant section are listed below with an outline of the powers they bestow on BC.

The legislation below does not entail BC as LLFA acting as mediator when there is a dispute between two neighbours; the correct forum for resolution in those cases is via the Agricultural Land Tribunal.

If any obstruction is erected or raised or otherwise altered, or any culvert is erected or altered, it shall constitute a nuisance. BCC may serve a notice requiring the person who installed or has the power to remove the obstruction, to abate the nuisance.

Where any ordinary watercourse is in such a condition that the proper flow of water is impeded, then, BC may, by notice served on a person having control, owning, occupying and/or to whose act or default the condition of the watercourse is due, require that person to remedy that condition.

Both Sections 24 and 25 enable Buckinghamshire Council to undertake the required works and recover the costs reasonably incurred from the responsible party if they do not comply with a formal enforcement notice.

BC may request a person to provide information in connection with the authority’s flood and coastal risk management functions.

If a person requested to provide information under Section 14 fails to comply, BC may give an enforcement notice. If the person then fails to provide the information within a specific period stated on the enforcement notice, a penalty of no more than £1000 may be imposed.

Any person authorised by BC, after producing (if so required) a duly authenticated document showing his authority, may at all reasonable times and following a 7 day notice period (unless in an emergency); enter any land for the purpose of exercising any flood management functions including inspecting and surveying.

This section allows the Highway Authority (Buckinghamshire Highways on behalf of BC) to drain the highway and prevent surface water from flowing on to it by laying drains, erecting barriers and scouring or cleaning drains situated in the highway. BC as highway authority can enter onto private land adjacent to the highway for highway drainage matters, but if the land isn’t adequately reinstated following use there is provision for compensation.

Highways Authority has a responsibility to remove encroachments and obstructions on the Highway. Flooding is classified as an obstruction.

If a third party wilfully allows the transfer of water from their land ownership on to the public highway, thus causing an obstruction to the free passage of the highway. This section would need to be initiated by a criminal prosecution.

The Highways Authority has the power to, by way of notice, enforce the removal of any structure on the highway. If the structure is not removed within the given notice period, the Highways Authority may remove the structure and reclaim their costs.

Power for Highway Authority to require the occupier of premises adjoining the Highway to construct and maintain channels as may be necessary to prevent surface water fall on or flowing onto the footway or highway.

It is recognised that there are limitations within Sections 24 and 25 of the LDA 1991, as they are only applicable where the problem is within an ordinary watercourse. The Highways Act 1980 bestows powers and duties to the Highways Authority, Buckinghamshire Highways, which relate to preventing flooding on the highway. Some of these powers and duties may be of use where the LDA 1991 is lacking; however the policy set out below only applies to non-highways related matters.