Worries over Wheelers Lane Ditches
Flood Prevention- Brockham
The following is an extract from a letter sent to MVDC and I have set out their response. The case is around Wheelers Lane but it affects all those with a watercourse close to their boundary.
My concern is to prevent flooding caused by drainage ditches not being maintained and litter remaining in ditches until washed underground with the risk of causing blockages to the system.
Removal of litter is ancillary to the main problem but critical and essential that those with responsibility remove litter from areas where they have a duty under the relevant legislation. I have set out in some detail the problem I perceive and a possible solution which involves leadership by the district council in developing a partnership with other statutory authorities, landowners and local people to enhance awareness of the threat and their contribution to prevention. I have no doubt from my observations that the incidence of heavy rainfall over short periods is increasing and the watercourse is at the moment just coping. Without maintenance this will not be the case and the lane and possibly houses may flood.
The flow of rain water To the east of Wheelers Lane is an area of high ground, with woodland on the top, owned by the Hamilton Estate, from where rain water drains into a ditch that enters Wheelers Lane close to Old Cottage and Noyes End. This land has been turned into one large field with the hedgerows removed and some drainage ditches filled putting pressure on those that remain. The drainage ditch conducts the water to the north towards Brockham Green and eventually into the River Mole. At times the ditch goes beneath private drives in culverts, underground and also crosses the road in culverts. It is the entrances to culverts that cause me concern as they are operating at a fraction of their effectiveness due to silt and rubbish.
A letter from MDC indicates that landowners/householders in Wheelers Lane have riparian ownership responsibilities to maintain the watercourse.
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.
Riparian Owner Responsibilities As a riparian owner your responsibilities include the maintenance of the bank and bed of your section of watercourse, in order to avoid any obstruction of flow in the watercourse.
What is a Watercourse? A watercourse is defined as any channel through which water flows and can be open or enclosed, underground as a culvert. Watercourses may be classified as either main rivers or ordinary watercourses.
In my ignorance I thought the local councils and the new MV Housing Association, along with farmers, field owners and householders had a responsibility but, I asked the council, how is that ownership to be ascertained? The next stage I suggested was for the local authority to demonstrate community leadership by developing a partnership with other authorities, landowners and householders to ensure the threat of flooding is reduced.
I sent a number of photos two of which are reproduced here.
I received a response from MVDC indicating that they owned no land in Wheelers Lane and therefore have no responsibility for the clearing of ditches and watercourses. Watercourses are the responsibility of whose land they run through. Surrey CC indicates that where they are not the landowner they will not take responsibility for the ditches/watercourse, and that responsibility lies with the landowner of the property adjacent. MVDC clearly state it is down to the residents to clear the ditches in front of their properties and the culverts under their driveways. The normal “we have no money” line then follows.
Residents across the parish should be aware of these responsibilities. They may also try to encourage their families not to drop litter. It is pretty dreadful wherever you walk in Brockham and the danger is it gets washed underground by the Green or in culverts and causes a blockage. (Who then accepts responsibility is anyone’s guess) If this happens or the watercourse silts up then houses may be flooded. I estimate that in Wheelers Lane some of the culverts are 90% silted.
The district council will not act, the county council will not act, the parish council has neither the responsibility nor resources to act yet it takes but one weak link in the chain and a blockage can occur.
What is to be done? Can we just hope for the best? Is that too risky given the change in weather patterns?
Robert Bartlett 938@938.me.uk