Landowners risk prosecution over drainage

Landowners in Cork who refuse to allow their land to be used for drainage channels to alleviate road surface water could face prosecution.

The warning was issued by a senior official in Cork County Council as it prepares a pilot project to open up more roadside ‘drainage ditches’ to stop further deterioration of thousands of kilometres of rural roads.

Aidan Weir, a senior engineer in the council’s roads department, said that under the 1993 Roads Act it is an offence for a landowner to prevent water lodging on a public road from being directed into their land.

It is also an offence, he said, for a landowner to permit water from their land spill onto a public road.

He made his comments after Fermoy-based Cllr Kevin O’Keeffe said he was aware of some cases where landowners had refused to co-operate with the council on road drainage issues.

Mr Weir said that, in the past, the council had issued proceedings in the district court against landowners and secured orders for such non-co-operation and would continue to do so when such cases arise.

Mr Weir said the need for a continuing comprehensive road drainage programme had become more urgent as a result of the unprecedented rainfall in December and February. Water damage has since become so acute that the council is planning to employ private contractors to help maintain some of the network.

Council management and Siptu are in discussions to allow the private sector to carry out a pilot road drainage project in the Mallow area. If the talks are successful the council will award a contract based on a per-kilometre maintenance of some stretches of roads, a process which could be expanded countywide.

There are only a small number of council-employed road maintenance staff in the Mallow area and they are not in a position to handle all the workload.

In anticipation of a deal with Siptu, the council has already prepared contract documents to go out for private sector tendering.

Successful contractors will also have to be responsible for traffic control as well as health and safety issues when undertaking the drainage work.

Mr Weir said it is imperative the council receives co-operation from landowners to minimise water damage to roads.

The mayor of County Cork, Cllr Noel O’Connor, said he was looking forward to seeing how employing private contractors would work. “I hope the pilot scheme will be successful and it can be rolled out elsewhere in the county at a later date,” he said.

Meanwhile, the council has released €400,000 to pay for pothole repairs and overtime for its roads maintenance staff.