recent flooding of culverts in rct
Posted by on the 9th September 2008
Where I live there is a culvert that runs metres from the side of our houses, this has broken its banks three times in seven years, friday being the last. I have been flooded on two of these occasions and am trying to find out who is responsible for them ie, the cleaning and general upkeep and repair of it, this time it can`t just be repaired and put back as was it needs the structure and size looking at as it isn`t coping with the amount of water and debris that is coming down it. If anybody has any info on the subject or knows who I can contact about this please let me know.This culvert when it breaks it banks effects a few of us neighbours , most of whom are elderly and live alone and we all don`t know where to turn for help now!!
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Where exactly are you, buddy-rich? One thing's for sure, if that culvert's going to cost money to put right you'll have one hell of a job trying to get it sorted.
The first thing to do of course is to establish ownership. Whose land is it on, and across whose land does the water flow into the culvert? The laws relating to water courses are complicated, but as far as I understand, once the water leaves your property it's somebody else's responsibility.
When it's on your property of course, it's up to you to direct it in a safe manner to the next stage. It then becomes that property owner's responsibility; and so it goes on until it reaches the river.
I am on Berw road in Pontypridd, the culvert was initially put there to take drainage from the mountain above but now as also up above is graig yr hesg quarry who have altered the area thus effecting the water flow and now the culvert is no longer able to cope with the amount of water and debris that now flows down it.any ideas where to find out about the land registry of who owns what and where to go from here
First port of call has to be the Environmental Department of RCT Council. You'll find their number probably in Sardis House or the Pavilions in Clydach. They will be able to advise you on establishing ownership. They may even send someone out to inspect the offending culvert. Maybe they even own it themselves or are responsible in some way; either them or the Highways Department.
The Land Registry is in Swansea if you get no joy with RCT Council. You'll find their number in the directory too, and for a small fee they'll be able to tell you who the landowner is. They'll send you a map marking the boundaries of ownership.
However, that's when the difficulties begin. Landowners can prevaricate and block any attempt to make them do what they have to do. It can mean court action, which becomes expensive and drawn out. As I said, the law relating to water courses gets complicated.
If the process gets bogged down with petty officials and landowners you can always approach your AM in Cardiff or even Kim Howells as your MP to gee things up.
I've had a similar problem to this for years in Aberdare and it still hasn't been resolved because we can't find out who owns the land, not even from the Land Registry. It's a standing joke with us that if they found oil or gold under it they'd be queuing up to lay claim to it!
Watercourses, other than main rivers, are the responsibility of riparian owners. You are a riparian owner if your property or land is on, or very near, a watercourse. Riparian owners have a duty to keep the watercourse clear of any obstruction to flow and the Council can serve legal notices on riparian owners to deal with obstructions. Certain "strategic" watercourses, that are known to pose a high risk of property flooding if they become blocked, are checked and maintained by the Council's contractor on a regular basis.
Telephone; 01443 494700
Email: esgcustomerservices@rhondda-cynon-taff.gov.uk
http://www.rhondda-cynon-taf.gov.uk/stellent/groups/public/documents/hcs...
Contact the Environment Agency enquiries@environment-agency.gov.uk
You should also contact
The Land Reclamation and Engineering Manager
Rhondda Cynon Taff County Borough Council
Llwyn Castan
Library Road
Pontypridd
CF37 2YA
His roll is to inspect watercourses and advise; well that’s what he gets paid for but don’t hold your breath.
Below is part of a letter where I pleaded with the Planning Department about future problems local residents of Brook Street Gwawr Street and Cardiff Road would have with floodwater by allowing consent for development at the rear of Brook Street.
“Our concerns that the existing watercourse at the rear of Brook Street is at this moment in time incapable of containing the existing volume of storm water, you now intend to allow additional storm water to be discharged into the watercourse from the proposed development.”
“As we have a history of problems as confirmed by your Director of Highways Transportation and Engineering we do believe some assurances from you as Land Reclamation and Engineering Manager at Rhondda Cynon Taff County Borough Council that the additional storm water from 5 houses, driveways and access roads you intend allowing to be discharged will not amplify and exceed the capability of the existing watercourse.
To clarify, there is at this moment in time a problem with floodwater in prolonged heavy rain at the rear of Brook Street, you as a Council were aware of such problems with regard to the watercourse. Your engineer before making his judgment on the question of the watercourse contacted the local office Aberdare, it would seem not all records were available to the engineer and there were no records of your DLO supplying preventative materials to avert floodwater from entering property. Compiling and maintaining proper records is a basic necessity it would seem systems for tracking files at Aberdare is non-existent and we speak from experience in our communications with Rhondda Cynon Taff County Borough Council. Speaking to your engineer he was unaware there was historical problems with the watercourse until after he had made a decision. Gareth Davies Principal Planning Officer Rhondda Cynon Taff County Borough Council was aware in July 2002 there were problems it would seem concerns expressed by us and our neighbour over flood water have not been taken into consideration because it appears there is no records at Aberdare to prove it was the council who supplied preventative materials to avert floodwater from entering property at Brook Street, and it would look as if no records of correspondence.
We would also add, as it may be significant the extra water you intend producing for disposal has to enter the Nant Gwawr and you can give assurance that the extra volume produced will be absorbed within the existing Nant Gwawr and not cause additional problems for local residents.”
On Friday I believe a number of properties were flooded in Brook Street Gwawr Street and Cardiff Road. The local authority was aware there would be problems in the above streets with heave rain because they were informed in writing.
Developers with friends in the council take preference over local residents.
I would also add the Nant Gwawr a strategic watercourse in Aberaman and responsible for the recent floodwater problems the watercourse has mature trees growing out of the retaining walls reducing the flow rate of water, we also have a local councillor who passes this problem every day, perhaps writing in a local paper has priority over basic problems of local residents.