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Waterside Living in Gloucestershire

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Waterside Living in Gloucestershire 5918 GCC Riparian Ownership Lft:5918 GCC Riparian Ownership Lft 14/11/08 12:16 Page 1 • To maintain any approved structures on • To protect your property against flooding your stretch of the watercourse. These from the watercourse and to prevent may include culverts, weirs and mill gates. erosion of the watercourse banks or any WATERSIDE nearby structures. These structures must be properly maintained and kept clear of any debris which could obstruct For most works you must apply for formal LIVING the free flow of water on your land or be washed consent from the Environment Agency. They will away to block a structure downstream. You must look at the surrounding area and make sure that IN GLOUCESTERSHIRE not build a new structure (for example, a the works you are planning will not cause an boardwalk) that encroaches upon the adverse effect further upstream or downstream. watercourse or alters the flow of water without The Environment Agency will also assess first obtaining permission from your local council whether any works are likely to affect the local or the Environment Agency. environment, fisheries and wildlife, which they have a duty to protect. The Environment Agency manages the maintenance of ‘main rivers’. All other watercourses are overseen by either your local council or the Lower Severn Internal Drainage Board. Cheltenham Borough Council Gloucester City Council www.cheltenham.gov.uk www.gloucester.gov.uk 01242 262626 01452 396396 Cotswold District Council www.cotswold.gov.uk Gloucestershire County Council Rights of a riparian owner 01285 623000 www.gloucestershire.gov.uk 01452 425000 • To receive a flow of water in its natural Forest of Dean District Council state, without undue interference in www.fdean.gov.uk 01594 810000 Stroud District Council quantity or quality. www.stroud.gov.uk 01453 766321 If you believe that landowners upstream or downstream have altered or redirected the Environment Agency Do you have a river, stream, watercourse you share, and that this is affecting www.environment-agency.gov.uk 08708 506506 Tewkesbury Borough Council ditch or culvert running through, the flow of water through your land, you may wish www.tewkesbury.gov.uk 01684 295010 to contact your local council for advice. In or alongside, your property? addition, other people are not necessarily entitled Lower Severn Internal Drainage Board www.lowersevernidb.org.uk If so, you are probably responsible for its to discharge water into your watercourse. In 01454 413340 maintenance and this guide is for you. order to do so, they may need to obtain both your This leaflet is a guide for riparian owners - it is not a permission and that of the local council and/or the complete statement of the law. If you are unsure of your Environment Agency. rights and responsibilites, contact your local council in the first instance for advice and information. 5918 GCC Riparian Ownership Lft:5918 GCC Riparian Ownership Lft 14/11/08 12:16 Page 2 Someone who owns property which is next to a Responsibilities of a riparian Where a watercourse marks the boundary between watercourse or has a watercourse running adjoining properties, it is normally presumed the through it is called a riparian owner. Under owner riparian owner owns the land up to the centre line of common law, riparian owners have certain rights the watercourse. and responsibilities relating to the stretch of • To maintain the watercourse and to clear watercourse that flows through, or alongside, any obstructions (natural or otherwise) so You must not alter or divert the water flow without their land. the normal flow of water is not impeded. permission as this may have an effect on properties downstream. If you do have flood It is not just farmers who are riparian owners. defences on your property, you may be Homeowners may not realise that the ditch at the responsible for their maintenance. You can bottom of their garden belongs to them and that contact your local council or the Environment they may be responsible for its maintenance. Agency for help and further advice. If you are a riparian owner, there are certain • To accept the natural flow from your responsibilities which you are legally obliged to upstream neighbour and transfer it fulfil. The aim of these laws is to help manage downstream without obstruction, pollution flood risk and protect the environment. or diversion. You must accept flood water through your land, even if any excess water is caused by inadequate You must clear any debris from your stretch of the capacity downstream. Those landowners watercourse, even if it is not your fault that the downstream from your property are under no debris is there. Whether it is a man-made or obligation to improve the drainage capacity of natural obstruction, you are responsible for their stretch of watercourse although they have keeping the watercourse clear of litter, grass the same responsibilities as you to maintain it. cuttings, animal carcasses and fallen trees, etc. • To maintain the banks and bed of the watercourse (including any trees and shrubs growing on the banks) and any flood defences that exist on it. An ‘ordinary watercourse’ is any channel through which water flows (such as a river, stream, brook, beck or a ditch) and which is not defined as a ‘main river’ by the Environment Agency. If you are unsure whether you are the riparian owner of the watercourse running through your land, check the title deeds of your property..
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