Course focus

17th Annual Planning Law Conference

Date:
06 December 2010
Venue:
Royal College of Surgeons, London
CPD:
5.0

Training programmes

Flooding and Highways

The country could be better prepared to deal with surface water flooding in the future, under the new Flood and Water Management Bill.

The Environment Agency will take a new strategic overview role for all forms of flood risk management throughout the country, while local authorities will take responsibility for surface water flooding in their own communities, supported by the Agency.

  1. The Duties of the highway authority to dispose of water which comes on to the highway. Rain and other water falling on to the highway and elsewhere. Water coming from other land. Land higher than the highway.
  2. Drainage and compulsory acquisition of drainage rights. Section 100 of the Highways Act 1980.Other practical points. Easements.  The twenty year rule.  What is the evidence needed to prove that your highway authority has a right to drain?
  3. Land drainage. Power over other land. The Land Drainage Act 1991.Other statutes. Dealing with other players-Environment Agency, District Councils, Drainage Boards and others. The law affecting the other agencies-what to do and when to do it.
  4. A practical exercise. A chance to test yourself. Case studies. When is the highway authority liable over flooding? What is a “return period”? The latest law. How to keep your authority out of trouble.
  5. Civil claims in court. A further chance to test yourself. Members. The Ombudsman.

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