Council draining water into our field.

Dry Rot

Member
Livestock Farmer
Hire a good land agent, then when he gets it wrong, you can sue him, not the council. Surveyors have public liability insurance for that very reason. Or you could have an exciting time wondering what will happen by following the guess work here!
 
Give them as much hassle as possible. They have inflicted (or tried to) their statuary powers onto me to renew drains which I have done, then when it came to doing their bit they walked away. They will back down.
 

Steevo

Member
Location
Gloucestershire
Hire a good land agent, then when he gets it wrong, you can sue him, not the council. Surveyors have public liability insurance for that very reason. Or you could have an exciting time wondering what will happen by following the guess work here!

Insurance won't stop them trying to do a wriggle though.
 

Wombat

Member
BASIS
Location
East yorks
The situation in England and Wales, is that you have to accept water from the road also water from up hill. Not sure the position in Scotland

The road one is a special case. You have to accept water from uphill but it has to be natural, someone cannot concrete over 20acres above you and pipe through your hedge
 

Danllan

Member
Location
Sir Gar / Carms
Give the council a wee while to either give you pipe or lay another/pay you to put a new pipe in or dig down and block the end of the pipe with a can of expanding foam. They do us no favours at all that busstards of council so wouldn’t do them any.
:banghead: Firstly illegal, probably in Scotland too; secondly idiotic - a 'natural' blockage would probably not lead the way to Court.

The situation in England and Wales, is that you have to accept water from the road also water from up hill. Not sure the position in Scotland
See below.

The road one is a special case. You have to accept water from uphill but it has to be natural, someone cannot concrete over 20acres above you and pipe through your hedge
This is moot and, I think, there are a couple of cases pending that should decide the matter. There is no argument that water run-off occurring naturally from land higher than one's own is something one has to accept. However, it may soon not be the case that if the water is 'collected' in some way - i.e. by a concrete expanse, or perhaps a stretch of road passing on all of its run-off - that it must all be accepted, certainly without recompense or assistance in moving it on.

“Burden of proof”, or it didn’t happen.
Don't kid yourself, can't advise for Scotland, but in England & Wales the balance of probability is sufficient, regardless of how slight. (y)
 
Location
southwest
We have a field below a main road. Its always taken one pipe off main road thats joined into our field drain.

Last year they decided to add a second pipe without asking. The field drain isn't now fit to cope with increased water from 2nd pipe and its running down field. Causing erosion. We did point this out to them at the time.

Who is liable for this? To solve the problem a larger pipe needs to be put in to the ditch where the drain comes out.


One of the drains might "collapse" Nothing to do with you.
 

milkloss

Member
Livestock Farmer
Location
East Sussex
It is likely that even though they installed it, you will be responsible for maintaining the section on your land and taking the water away from the road, and liable for any problems if you do not. Blockages on their property would be their responsibility
One of the drains might "collapse" Nothing to do with you.

personally I'd just trip over in the road whilst carrying a bag of postcrete late at night.
 

PSQ

Member
Arable Farmer
You do have to live with yourself if in any way you contribute to someone's death. Little to be gained by being stupid.

And yet our councillors sleep easy on knowing full well that hundreds of 6” deep potholes could be fatal, but strangely don’t seem too bothered. Ditto blocked gullies and drains, snow clearance and gritting only in daylight hours, etc etc.
Digging grips into fields to drain collapsing roads is not good practice, it’s just bodging. Little to be gained by being walked over by a council who can’t be arsed to do their jobs properly, you’d be stupid to let them walk over you.
 

Grass And Grain

Member
Mixed Farmer
Location
Yorks
I believe the highways act gives the local authority the right to drain water from the highway onto neighbouring fields.

However, I seem to think that more recent legislation would require any new discharge to be attenuated, so they can only discharge at a flow rate and in a manner which would not exceed certain limits.
 

Swarfmonkey

Member
Location
Hampshire
Aye, the Highways Act 1980 does do that. Section 100:

(1)The highway authority for a highway may, for the purpose of draining it or of otherwise preventing surface water from flowing on to it, do all or any of the following:—

(a)construct or lay, in the highway or in land adjoining or lying near to the highway, such drains as they consider necessary;

(b)erect barriers in the highway or in such land as aforesaid to divert surface water into or through any existing drain;

(c)scour, cleanse and keep open all drains situated in the highway or in such land as aforesaid.

(2)Where under subsection (1) above a drain is constructed or laid, or barriers are erected, for the purpose of draining surface water from a highway or, as the case may be, diverting it into an existing drain, the water may be discharged into or through that drain and into any inland waters, whether natural or artificial, or any tidal waters.

(3)A highway authority shall pay compensation to the owner or occupier of any land who suffers damage by reason of the exercise by the authority of any power under subsection (1) or (2) above.

With regards to subsection (3), what's the value of the tons of topsoil that's been washed away due to their actions?
 

Nearly

Member
Location
North of York
Thanks to this thread I've taken photos that show there are no cuts through the roadside bank next to our local blocked drain. This has been there for 2 months.
20200218_141029.jpg
20200218_141024.jpg

There's a grid under there.
The water is moving into the field slowly. :(
 

SFI - What % were you taking out of production?

  • 0 %

    Votes: 77 43.5%
  • Up to 25%

    Votes: 62 35.0%
  • 25-50%

    Votes: 28 15.8%
  • 50-75%

    Votes: 3 1.7%
  • 75-100%

    Votes: 3 1.7%
  • 100% I’ve had enough of farming!

    Votes: 4 2.3%

Red Tractor drops launch of green farming scheme amid anger from farmers

  • 1,285
  • 1
As reported in Independent


quote: “Red Tractor has confirmed it is dropping plans to launch its green farming assurance standard in April“

read the TFF thread here: https://thefarmingforum.co.uk/index.php?threads/gfc-was-to-go-ahead-now-not-going-ahead.405234/
Top