Land Drainage
The Council's main responsibility regarding land drainage is to
limit and control damage from flooding of ordinary watercourses, by
exercising discretionary powers under the Land Drainage Act 1991.
Ordinary watercourses are those which are not designated as a main
river.
Please see the links below for more details:
Living next to a watercourse – a guide to your rights and
responsibilities - the purpose of this guide is to explain the
rights and responsibilities of property owners and residents whose
property is adjacent to a river, stream, brook, drainage ditch,
culvert or other watercourse.
The Land
Drainage Act 1991 – this act outlines the discretionary powers
Melton Borough Council can exercise as the local authority.
To find out more information regarding Land Drainage, please
click on one of the links below:
What is a Watercourse?
A watercourse is defined as any channel through which water
flows. It can be open or enclosed underground as a culvert.
Watercourses may be classified as either main rivers or ordinary
watercourses. Watercourses occur naturally, and serve to drain the
land and assist in supporting flora and fauna. Historically,
watercourses have taken surface water run off from buildings and
roads, as well as fields and parks. In the process of development
many have been culverted or changed in other ways. In normal
conditions the watercourse may be a dry channel in the ground. In
storm conditions it may become a raging torrent. Continued
development tends to increase the rate at which water is discharged
to a watercourse, (even though adequate safeguards to prevent this
are available), a process that could lead to increased risk of
flooding if not controlled.
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Who is a Riparian Owner?
Under common law you are the riparian owner of any watercourse
within or adjacent to the boundaries of your property. Where a
watercourse is sited between two or more property boundaries each
owner may be equally responsible.
To veiw a leaflet containing further information regarding
Reparian ownership and living near a watercourse, please click on
the link below.
Watersied Living
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Riparian Owner's Rights
A riparian owner has the right to protect his or her property
against flooding from the watercourse and also to prevent erosion
of the watercourse banks or any structures.
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Riparian Owners and the Law
Your responsibilities as a riparian owner are based on
legislation. The principle legislation is summarised below:
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Common problems affecting watercourses
- Failing to keep vegetation growth under control;
- Failing to obtain consent for any building, planting or
alterations within nine metres of the bank;
- Disposal or storage of garden or domestic rubbish, waste etc.
on the banks of watercourses.
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