South West Highways prosecuted for land drainage offences
2 Jul 2014 11:10 AM
South West Highways has
been fined for failing to get permission before carrying out repairs to a road
bridge in north Devon.
South West Highways has been
ordered to pay more than £11,000 in fines and costs. The case was brought
by the Environment Agency.
In 2013 the company carried out
repairs on Kersham Bridge at Bridge Reeve near Chulmleigh. The work required
the erection of scaffolding in the River Taw under 2 of the bridge’s 3
arches. South West Highways was expected to start work on 19 August and take
approximately 4 weeks.
Land drainage consent was
obtained from the Environment Agency. Just before work commenced South West
Highways were asked if they could also paint part of the bridge. This
additional work required scaffolding to be erected under all three arches and
for it to be positioned closer to the water.
This change in the work plan
considerably increased the degree of obstruction and risk of flooding. The
company failed to obtain permission for the revised work.
A court heard how the repairs
weren’t completed until 25 October 2013 and the scaffolding not finally
removed until 26 November. With bad weather forecast, the Environment Agency
had earlier contacted South West Highways who said they would make sure the
scaffolding was removed by 24 October.
On 27 October 2013 a storm
struck and the river level rose. Debris became entangled in the scaffolding
that acted like a dam. The river upstream of the bridge was several feet higher
than downstream, causing the river to burst its bank.
A nearby property flooded
leaving the owner, a man in his 80’s, stranded upstairs. His home was
left badly damaged. The Environment Agency had telephoned the gentleman the
previous afternoon (27 October) to give a flood warning, but he didn’t
answer his phone. It was the worst flooding he’d ever experienced at the
property.
Pamela Meadows for the
Environment Agency said:
Care must be taken in the
erection of temporary structures in rivers such as scaffolding as they can
impede flows and increase the risk of flooding. This is especially important
during periods of high rainfall as this case clearly shows. If people’s
plans change after obtaining permission, they must come back to
us.
South West Highways Ltd was
fined £5,000 and ordered to pay £3,699 costs after pleading guilty
to two Land Drainage byelaw offences. The company was also ordered to pay
£2,275 compensation to the man affected by the flooding plus a £120
victim surcharge. The case was heard on 20 June 2014.