Land Drainage Enforcement

Rhondda Cynon Taf County Borough Council (RCTCBC) acting in its capacity as the Lead Local Flood Authority (LLFA) is responsible for managing both consenting and enforcement activity related to land drainage and ordinary watercourses.

The permissive powers available to the Council to act in certain circumstances to regulate the proper function of ordinary watercourses and mitigate the effects of flooding are contained within the Land Drainage Act 1991. These powers along with the legislative framework under which RCTCBC can take formal enforcement action related to ordinary watercourses is described in further detail in the sections below.

Land Drainage Enforcement Specific Powers

The Land Drainage Act 1991 is the main legislation that gives RCTCBC powers for land drainage enforcement under Section 24 and 25.

Section 24 Contravention of prohibition on obstructions etc.

As the regulating body for works on ordinary watercourses in Rhondda Cynon Taf, the Council have a duty under Section 23 of the Land Drainage Act 1991 to issue consents for altering, removing or replacing structure or features within an ordinary watercourse.

Section 24 of the Land Drainage Act 1991 gives RCTCBC the power to have unconsented works removed. Any works constructed prior to the formal written consent of RCTCBC are and will remain unconsented. If RCTCBC considers the unconsented works in an ordinary watercourse to be detrimental, it will commence enforcement proceedings to have the unconsented works removed and recover the costs of doing so.

For more information relating to the ordinary watercourse consenting process please visit the Council’s website here.

The Council can serve notice on the person who erected the obstruction or any other person who has the power to remove it. If the person fails to comply with the notice they can be subject, on conviction, to a fine and the LLFA is able to take action to remedy the obstruction and recover the costs from the person responsible.

Section 25 Powers to require works for maintaining flow of watercourse

It is the responsibility of the riparian landowner to ensure watercourses are maintained properly so that they do not pose a flood risk. Further information on the rights and responsibilities of riparian owners, is available on our Riparian Ownership page.

RCTCBC as the LLFA has powers under Section 25 of the Land Drainage Act 1991 to enforce riparian owners to maintain the proper flow of ordinary watercourses in Rhondda Cynon Taf, i.e., to ensure that the flow of water is unobstructed and free flowing. These powers can be exercised if it is deemed that a lack of maintenance or an alteration to a watercourse pose a flood risk.

If the condition of a watercourse is impeding the flow of water then the LLFA may serve notice on the riparian landowner requiring them to take action to remedy the condition. This notice should specify the nature of works required and the person served has the right of appeal to the Magistrates Court. Subject to this right of appeal, if the recipient of the notice fails to take the appropriate action, then they will be guilty of an offence and liable, on conviction, to a fine.

The Council also have powers under Section 14A of the Land Drainage Act 1991 to carry out works to maintain the flow of the watercourse and recover the cost of those works from the person responsible.

Powers of entry to land

Officers of RCTCBC, authorised under Section 64 of the Land Drainage Act 1991, have the legal power to enter any land for the purposes of exercising any flood risk management functions under the Act and to survey any land and inspect the condition of drainage work on it. Officers may only enter land at reasonable times and must first produce, if so required, a document showing their authority, except in the case of emergency whereby officers of RCTCBC may enter upon land without notice.

The Council’s approach to enforcement

The powers the LLFA has in relation to land drainage enforcement are permissive, meaning that it remains the decision of the authority as to whether it exercises these powers or not. The LLFA does not have a duty to carry out works or to take enforcement action.

The Council prefers in the first instance to work with landowners and developers to resolve issues on an informal basis. The Council will only exercise its permissive enforcement powers (serving statutory notices and taking remedial action to complete works) as a last resort, when all other efforts to resolve the issue have been exhausted, or where there is due expedience required.

Where nuisance flooding may be caused by new development (buildings, walls or hard surfaces), you may wish to contact the Council’s planning team to determine whether there has been a breach of planning permission.                                                                                     

As a property owner you have the right to defend your property from surface water. Further information on how to protect your property against flooding is available here.

If you have any concerns regarding any works or obstructions affecting an ordinary watercourse near you, please contact the LLFA via the below details: