Maintenance of Existing Highway Drainage Systems
1.1 Drainage systems for the sole purpose of accepting surface water run-off from the highway are the responsibility of the Highway Authority unless they have been specifically adopted by the Drainage Authority.
1.2 Highway drainage systems are installed to capture surface water run-off to alleviate flooding and protect the fabric of the road.
1.3 Many open ditch drainage systems are historic and are normally the responsibility of the adjoining landowner for maintenance. The Highway Authority has powers to cleanse and restore the profile of these ditches as appropriate.
2. Relevant Legislation
2.1 Section 41 of the Highways Act 1980 imposes a duty upon the Highway Authority (Hampshire County Council) to maintain those roads which are maintainable at public expense.
2.2 Section 100 of the Highways Act 1980 empowers the Highway Authority (Hampshire County Council) to construct, maintain or cleanse drainage systems in the highway or on adjoining/nearby land, for the purpose of drainage or prevention of surface water on the highway.
2.3 The Floods and Water Management Act 2010 imposes a duty on the County Council, as Lead Local Flood Authority, to manage surface water flood risk under a collaborative approach with other key Agencies. The Flood Risk Regulations transpose the EU Floods Directive into UK law and were introduced on 10 December 2009. These confirm the lead local flood authority role for the County Council.
3.1 The County Council as the Highway Authority shall identify through a system of regular inspections and flood risk assessments existing drainage systems that require maintenance.
3.2 Surface Water Management Plans and local Flood Risk Assessments will form the basis of managing and prioritising the need for the planned maintenance and improvement of drainage systems.
3.3 Routine and reactive maintenance (repairs) identified through the regular inspection regime or from other sources will be carried out as resources and other network priorities permit.
3.3 The County Council shall arrange for cyclic maintenance (inspection and/or cleansing) to be carried out at a minimum frequency described in table 1. The need for cyclic maintenance will be determined from routine inspections, local flood risk assessments and specific inspections following reports received from third parties.
Version No: 1.1
Effective from: 14/10/2010
If copied or printed, this document should be treated as uncontrolled and correct only at the date it was copied or printed.