Liability of Public Authorities in England for Flooding Nuisance

Abstract

Local authorities in England propose to do to minimise the risks to people and property from flooding. Additionally, section 79 (1) (h) of the Environmental Protection Act 1990 applies to statutory nuisances in relation to watercourses. It covers statutory nuisances in England, Wales and Scotland. While they are required to maintain our roads to reduce the risks to people and property from flooding as much as possible, the local authorities in England do not have a statutory duty to prevent properties from flooding. The local councils in England have a duty to keep the watercourse clear of any obstruction to flow. They also have a duty to drain the road, street, highway or thoroughfare or any other place which is commonly used by the public to remove a flooding nuisance (i.e. water on the surface). The local council in England has a duty to maintain the local roads to reduce the amount of standing water and reduce the risks of flooding. The drainage maintenance can minimise flooding nuisance and prevent local people’s property damage. The decision of the Court of Appeal in Vernon Knight Associates v Cornwall Council [2013] EWCA Civ 950 clarifies the negligent failure to provide appropriate drainage maintenance and road repair services had led to its drains flooding to an entire holiday village in Cornwall. This article assesses whether flooding nuisance on complaint do indeed satisfy the principle of liability for natural nuisance, questioning not only the decision in holiday village case but also the legal responsibility of local authorities as a response to the flooding nuisance more generally.