Land Drainage Act 1991 – independent professional advice

Do you have a land drainage issue or want to understand more about your responsibilities under the Act? Have you been flooded? Who is at fault? What can be done to reduce the flood risk?

A basic summary of the Land Drainage Act 1991 is that it

"sets out the rights and responsibilities in relation to land drainage".

This includes private landowners (such as farmers or householders), Local Authorities, Highway Authorities and Internal Drainage Boards.

You may find the below calculation useful in understanding the hydrology:

Runoff or UKWIR

Numerous changes are being made to the Land Drainage Act with the introduction of the Flood and Water Management Act 2010. Details of this can be found at the Government's Legislation website.

From an engineering perspective an important element is that it confirms the right

"to receive natural flows from sites located above and to discharge natural flows to sites below".

This is understanding which has existed for hundreds of years.

Often flooding occurs when some artificial change has been made, which has then made flooding worse than it otherwise would have been. One party their potentially have a claim against the other. We work with clients to avoid legal proceeding. Usually, once a strong engineering case is made, agreement is then reached to practical solutions.

We have considerable experience of reviewing flooding events and ascertaining the engineering position and making a case for the other party to take action to reduce the risks. We work with the EA to secure their agreement. Often a professional flood risk assessment report is recommended,

The Land Drainage Act 1991 has been subject to a number of changes following subsequent legislation.

Only a handful of consultants in the UK have the experience have the experience of advising on Land Drainage Act cases. Wilsham Consulting's Director – Stephen Gibson has experience of winning a number of cases for local communities. We recommend you ask a consultant what specific case experience they have.

I want you to help, how do I move it forward?

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You can:

yesSpeak to Wilsham Consulting Director – Stephen Gibson directly about your project on 01235 529646 or 07449948261

mailEmail your proposals directly to Stephen Gibson at

 – Please include all relevant background information for a fixed quote, including proposal plans, land drainage plans, land drainage surveys, photos, planning conditions, or anything else relevant to the proposed or existing site.