Buckinghamshire Council Land Drainage Enforcement Policy

The policy is designed to be used by officers of the council where there is an impediment in an ordinary watercourse which they have either discovered themselves or where it has been reported to them by members of the public, which is causing or is likely to cause harm to an identified receptor. Upon discovering a problem, officers will take a proportional approach, focusing on education of riparian ownership rights and responsibilities (Appendix 3) and negotiate with those responsible to remedy the problem. Where negotiations fail to resolve the problem, the council may serve a legal notice.

A notice served pursuant to this power may be served on the owner/occupier of the land adjoining the affected watercourse or on any person having control of the watercourse where the impediment occurs or any person causing the impediment to occur. The council will make the decision of whom to serve notice on, on a case by case basis. The notice will stipulate the works required to remedy the impediment and will give a reasonable timescale for works to be undertaken. The council may consider changes to the timescale of the works if the person on whom notice was served makes a justified request of the council to do so. Once the notice is served there is a right of appeal to the Magistrates Court within 21 days of service of the notice. Section 27 (Appendix 1) states the grounds of appeal.

Where there is a failure to comply with the legal notice served, the council will consider the merits on a case by case basis to take the necessary steps set out in the LDA 1991 to undertake the works themselves and recover the costs of doing so. The council will obtain a county court judgment of the sum owed. The council may also prosecute the person served for failure to undertake the works.

BC Strategic Flood Management Team has produced flowcharts detailing the informal enforcement process for an unconsented impediment within an ordinary watercourse and an unmaintained ordinary watercourse. The team follows the relevant process for each reported or discovered impediment. The process works via a letter system, the letter templates and flowcharts can be found in the appendix.

Where a case does not meet the criteria for enforcement action, initial letters and riparian ownership leaflet (Appendix 3) may be sent at the discretion of the Strategic Flood Management Officer. While risk will be the main determining factor, the wider environmental and amenity concerns will be taken into consideration when determining enforcement decisions along with all other relevant facts of the case.

Where there is a dispute between two neighbours BCC will not act as a mediator, the forum for a resolution of neighbour dispute is via the Agricultural Lane Tribunal.

Where enforcement action is required on land owned and/or managed by Buckinghamshire Council or Buckinghamshire Highways, the appropriate flowchart will be followed as usual, however the Monitoring Officer at Buckinghamshire Council should be informed at each stage.

Where an impediment to the flow in an ordinary watercourse causes flooding on the highway, Buckinghamshire Highways has delegated powers to undertake enforcement action on behalf of Buckinghamshire Council. Buckinghamshire Highways is expected to use the same enforcement policy, process (as described in the flowcharts) and letter templates which are set out in this document.

All decisions pertaining to the authorisation of actions under this enforcement policy are set out in the Strategic Flood Scheme of Sub – Delegation from the Director for Environment.