DRAINAGE OF STREETS

HL Deb 18 October 1989 vol 511 cc1015-6WA

Earl Russell

asked Her Majesty's Government:

What legal obligations rest on local authorities to ensure the adequate drainage of streets in their areas.

Viscount Davidson

Local highway authorities have a general duty under Section 41 of the Highways Act 1980 to maintain the highway. This has been interpreted by the courts as a duty to keep the highway "in such a state as to be safe and fit for ordinary traffic".

There are no express statutory obligations on local authorities to provide drainage for streets in their areas. Sections 100 to 102 of the Highways Act give highway authorities discretionary powers relating to the construction and maintenance of drainage systems.