Q&As

Are there any statutory provisions in place which would require a highways authority to pay a sum to the Canals and Rivers Trust for the discharging of water into a canal, having laid pipes for the removal of surface water from the highway which discharge in to inland waters whether natural or manmade?

read titleRead full title
Published on LexisPSL on 28/06/2016

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Are there any statutory provisions in place which would require a highways authority to pay a sum to the Canals and Rivers Trust for the discharging of water into a canal, having laid pipes for the removal of surface water from the highway which discharge in to inland waters whether natural or manmade?
  • Statutory regime
  • Payment
  • Responsibility for culverts

Statutory regime

The Highways Act 1980 (HIA 1980) gives the County Council as Highway Authority certain powers and rights in relation to flooding and drainage.

We refer you to HIA 1980, s 100 which gives the Highway Authority, for the purpose of draining or preventing surface water from flowing onto the highway the power to:

  1. construct or lay, in the highway or land adjoining or lying near to the highway, such drains as they consider necessary

  2. erect barriers, in the highway or in land adjoining or lying near to the highway, to divert surface water into or through any existing drain

  3. scour, cleanse and keep open all drains situated in the highway or land adjoining or lying near to the highway

'Drain' includes a ditch, gutter, watercourse, soak-away, bridge, culvert, tunnel and pipe

This power can be utilised by the Highway Division on third party land in an attempt to mitigate impact on the public Highway. This also allows the Highway Division to lay/construct grips within the highway curtilage. Consideration however must be given to possible compensation payments if the discharge of water impacts on private land.

HIA 1980

Popular documents