CAn someone do their own roadworks?

Panther

There is a part of the road opposite my parent's house that fills with water after every rainfall. It doesn't affect anyone really, it just disappears after a few cars drive through it and splash the water onto the grass margin.

One of their neighbours wants to cut a small piece out of the roadside kerb and put a small drainage slit in the grass margin so that the water can drain away into a nearby stream. I told him that AFAIK either the council would have to do it or that he would need permission to do it. He reckons that he doesn't but I am worried about the consequences of him doing so.

I am very conscious of the fact that if anything happened as a result of his "worked" that he would be held responsible. Children play in the area and if one of them trips over the cut or drain slit then he could be sued for unauthorized works.

If anyone has any advice I would be grateful as I have searched everywhere and I can't find anything to help me.

Gumbo

Who owns the land?

screamer

I’d say they can’t touch it, councils very stern about people messing with roads. Drainage too, as it can cause issues if not dealt with properly. Who owns the land the stream is in? What if the water just puddles into the field? I’m sure the landowner would be pissed off.

Panther

Thanks for getting back so quickly people.

The land in question is a strip of grass about 5 feet wide up along the estate that has trees planted along with it. It is bordered by a concrete kerb that separates it from the actual roadway. There is a fence and then a slope down into the stream that runs along the perimeter of the estate. The amount of water would actually be very little, You could actually brush even the largest puddle into the grass with a yard brush in 5-10 minutes.

It wouldn't have any impact on the landowner in any way as the small amount of water would drain into the stream from our side of the road.
My main worry is that if this guy cuts or alters any part of the kerb or the grass median and the council spots it or someone somehow gets hurt then our neighbour could get into serious trouble.

I'm fairly sure that you don't need permission to clear an existing drain but you can't create a new one as you could have people digging drains all over the place and causing chaos.

the_pen_turner

what you can do and what you should do are rarely the same.
i would be woried about the liability as well

if i was to do it i would cut the kerb joining's a bit wider or drill a series of holes in the face of it and put a pipe under the grass to drain it away. at least nobody can trip over a hole or gap in the kerb

screamer

Has the estate been taken over by the council ? If so, that’s your answer. Personally I wouldn’t touch it, too much grey area and in litigious Ireland especially, I’d stay well clear.

Panther

Once again thanks for the replies,

The road has been handed over to the council for over 5 years so it is the council who are supposed to take care of this.

I actually got a call from a friend of mine who put me on to this piece of legislation.

Roads Act 1993

(10) (a) A person who, without lawful authority or the consent of a road authority—

(i) defaces a public road by writing or by any other means,

(ii) damages a public road,

(iii) excavates a public road,

can get a fine of €5,000 and/or 6 months.

Now I'm not a legal expert but I would think that altering any part of the road is not a good idea without permission. I will tell my neighbour that he has to ask the council for permission first. If he want's to go ahead then it's on him. Once again thanks everyone for the advice.

cannotlogin

Where I come from any roadworks not carried out by the council happen overnight and no one in the village ever sees anything or has a clue who done it ;-)

It's the same in most rural areas.

Fine Cheers

Get the Area Engineer from the council out to see if they will action it. Play the H&S card ie potential trip hazard etc. and ponding will only cause road to deteriorate.