Council issues landowner with notice requiring reinstatement of natural flow of watercourse

A council report said the notice was served on the ‘owner/occupier’ under section 25 of the Land Drainage Act 1991

The report by Steve Hodges, directorate services team leader, economy and environment, said the notice required works to reinstate the natural flow of the original watercourse of Wellington brook at Canon Pyon.

It said alterations to watercourses, such as straightening or culverting, can increase flood risk both locally and downstream and the council held no record of any consent or approval for altering a watercourse beneath the A4110.

A Herefordshire decision notice said the council had written to three addresses to try to contact the landowner, but no response was received.

The letters said the council’s preferred approach was to resolve such matters informally but it could take formal enforcement action where issues remain unresolved.

“Given the continued inaction, the council now intends to exercise its statutory powers under section 25 of the Land Drainage Act 1991 by serving a legal notice requiring works to be undertaken to reinstate the natural flow of the original watercourse,” the decision notice said.

“As the landowner has been unable to be traced, despite reasonable attempts to ascertain ownership, the notice will be addressed to ‘Owner/Occupier’ and served by affixing it in a conspicuous position on the land.”

The council said that if the landowner failed to comply it could carry out the works and recover all reasonable costs, while non‐compliance could lead to prosecution.

A subsequent local press report said the council had made contact with the landowner’s representatives but it would not identity him.

Mark Smulian