Responsibility for adequate road drainage? - Adequate road drainage?

[555mde]

Hi,
Live in a small cumbrian linear village. Our hse sits right on the roadside. Up and down the street from us there are road drains (either small grids or longer single line drain features). The surface water drain doesn't divert itself in front of our hse - it goes straight by it - but there's no grids/openings. Consequently, how do we go about getting drain openings put in?

Cumbria CC have been out (weeks ago), were unsure if it was their responsibility and said if they had a bit of money yr end could maybe do something?! (they'd be in touch...) That was wks ago and not a word, not even a letter saying we're in a (long) que. What are the rules on responsibility?

CCC (at first) tried to say it was up to us to stop water flowing off the rd onto our property. I replied that if we did this(i.e. say larger kerbs to block the rd water run-off (our property is slightly lower in parts than the rd), the water would collect on the rd in large puddles (there's no drains to take it away), not doing the rd any good and posing a rd safety hazard surely?

Also, worth noting that some people in the village (who's property lies elevated from the rd) have recently been told by CCC that they have to put drains in the end of their drive - CCC clearly want to control the ammount of water running on to their roads. That's fine and sensible, but what about the water from their roads flowing on to our land (and primarily down a ginnel resulting in our gable end wall getting damp)?

Just a couple of grids would do it or a stretch of single drain. What can people advise? We're not looking to blame anyone for the gable end wall getting damp, our beef is just to get some drain openings put in to the drain tht lies rd right in front of the hse - i.e. just like the rest of the street has? Many thanks in advance.

[seanandruby]

I think the council are legally bound to stop water entering your property. your road must be adopted by the council, otherwise it is your responsibility. write to the highways department at your local council to set up a meeting with other residents to voice your concerns etc: phoning about the problem wont resolve it. hope this helps.

[matt h]

do you recieve a water drainage bill? your local water company should have some input, and if water enters your property from the road you should have some recourse against your council for damage to your gable end. Only problem is they never seem to do anything until threatened will legal action imho

[Tony McC]

The council are responsible, both as maintainers of the public highways and as agents for the water utilities. You, as a private citizen, would NOT be allowed to install a kerb, or any other type of fitting, to a public highway. Only the local council (or their appointed agents) can do that.

I'd suggest a letter informing them that you were seeking legal advice on how best to remedy the situation and are considering action to sue the council for damage caused to your property by run-off from a public highway.

Watch the buggers jump!

[wingy73]

i work for a council on drainage and it is the highway's legal duty to stop storm water from entering your property, what you will need is the council to fit a pcc gullypot and connect to the mains