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Posted: Tue Apr 30, 2013 7:55 am
by Colin James
Some of the regulars may be aware I have been trying to get my driveway properly maintained for a number of years.
The joint owner, for reasons I only half understand, has approached the Man of Skill, appointed by the solicitors, and had him write a letter to say drains on the driveway are not needed.
The agreed spec is for tarmac, area approx. 280 m2, bounded on one side by the house, on two sides by private property and one side by a public road.
Now I know you are not allowed to dump your surface water onto the public road, but does anyone know of the specific law or regulation which says this?
I am in the West of Scotland.
Regards,
Colin.
Posted: Wed May 08, 2013 7:43 am
by Colin James
Second attempt at this post;
It is Roads (Scotland) Acy 1984
I guess there is something similar for other parts of the UK but I don't have the details.
Regards,
colin.
Section 99
Prevention of flow of water etc. onto roads.
(1)
The owner and the occupier of any land, whether or not that land is such as constitutesa structure over or across a road, shall prevent any flow of water or of filth, dirt or otheroffensive matter from, or any percolation of water through, the land onto the road.
(2)
A person may, with the consent of the roads authority and subject to such reasonableconditions as may be imposed by that authority, at his own expense carry out suchworks in, or make such excavations under, the road as appear to him to be necessaryfor the purposes of his complying with subsection (1) above.
(3)
Without prejudice to subsections (1) and (6) of this section, where there is onto a roadsuch flow or percolation as is mentioned in subsection (1) above, the roads authoritymay by notice served on the owner or occupier of the land require him, within 28 daysfrom the date of service of, or within such longer period from that date as may be specified in, the notice, to carry out such works or make such excavations as may beso specified, being works or excavations in their opinion necessary for compliance byhim with subsection (1) above.
(4)
A person upon whom a notice has been served under subsection (3) above may within28 days of such service refer the matter by summary application to the sheriff; and thedecision of the sheriff on the matter shall be final.
(5)
Subsections (4) and (10) of section 56 of this Act shall apply in respect of worksand excavations executed as is mentioned in subsection (2) or (3) above as the saidsubsections (4) and (10) apply in respect of works and excavations executed as ismentioned in subsection (1) of that section.
(6)
A person failing to comply with subsection (1) above commits an offence.
Posted: Wed May 08, 2013 12:35 pm
by seanandruby
Would be a very expensive choice to pipe into the roadway pipework. You need to challenge the co-owner on the drainage in the drive and work from there. He/she sounds pretty stupid if not allowing drainage. You must know that all kinds of services run through a pavement and any one would be an expensive 'hit' to repair.