Downpipe draining on to pavement

[sharpener]

In our neighbourhood the houses front directly on to the street and the rainwater downpipes are typically taken under the pavement to the road gutter (either through the original Victorian cast iron channels or replacement pipes concreted over flush with the paving).

Is there any legislation which can enforce this as a requirement if say someone is building a new garage which fronts directly on to the highway, or are they allowed to let the rainwater from the roof run across the pavement?

 

[HERTS P&D]

You are not allowed to run a drain pipe onto the pavement, the cold weather would make the water freeze, then someone can fall out and CLAIM, CLAIM & CLAIM against you.

Andy

 

[sharpener]

I have pointed out to the people concerned that they will be wide open to claims of this kind, and that their insurance may well be void if they knew of the risk, but they are not willing to change their plans.

I was hoping that somebody here would know if the Highways Dept (for example) have any powers to force them to dispose of the rainwater in a proper fashion, anyone know about this?

TIA

 

[^woody^]

There is a common law duty not to dispose of collected rainwater onto other people land, and the council highways authority do have additional powers under other legislation

I don't think that the neighbour will be "wide open" to any claims as they may owe no duty to the general public in this context - it is the council who may have the duty to maintain the highway

If the building work is being done under building control, then this drainage arrangement wont be acceptable

 

[sharpener]

Thanks woody

If the building work is being done under building control, then this drainage arrangement wont be acceptable

Unfortunately it is a garage <30m2 and so exempt, even though they are building over the line of their own foul drains

the council highways authority do have additional powers under other legislation

Where would I find chapter and verse on this?

TIA

 

[^woody^]

Where would I find chapter and verse on this?

I am not sure that you will find it easily. The specifics will be tucked away in the various Highway Legislation or under public health/environmental law - and the appropriate regulation will depend on the actual circumstances

 

[RedHerring2]

IIRC it may fall within the remit of the environmental dept, under causing a nuisance, or similar.

 

[Inder]

In our neighbourhood the houses front directly on to the street and the rainwater downpipes are typically taken under the pavement to the road gutter (either through the original Victorian cast iron channels or replacement pipes concreted over flush with the paving).

Is there any legislation which can enforce this as a requirement if say someone is building a new garage which fronts directly on to the highway, or are they allowed to let the rainwater from the roof run across the pavement?

Have a word with the Building Inspector and see what he / she thinks about it. Inder

 

[boltguy]

To the person who said "...the cold weather would make the water freeze, then someone can fall out and CLAIM, CLAIM & CLAIM against you."

Surely this is irrelevant, because all of the rainwater that had fallen on the pavement on the whole street would be frozen too, so you would have ice on the ground outside your house whether you had the drainpipe running on to the pavement or not.

 

[clifford1]

Just about every shop in our high street has its downpipes discharging onto the pavement. The council does ocasionaly put in a shallow concrete trough to contain the water a little, and for people to trip over.

 

[boltguy]

About five terraced houses on my street have downpipes draining on to the pavement, with no ice/"claims" issues.

 

[blup]

Plenty on google about discharge of water onto highway. Councils have powers to require occupiers to carry out works to prevent discharge of water onto highway, presumably connection to sewer if soak away etc isnt practical. If owner continues in breach of such an order, they could presumably be liable, along with the Council, for any harm to pedestrians eg slipping on ice.

In practice Councils dont seem to see it as an issue.

Blup

 

[blup]

By the way the thread is 10 years old

Blup