Council warns it may take landowners to court over damage to road surfaces

A SENIOR Cork County Council official has warned landowners they could face prosecution if do not take action to prevent water, mud, soil and other debris from their land running onto adjacent public roads.

The council’s director of road services, Tom Stritch, said the recent poor weather had seen a marked decline in the condition of road surfaces across the county due to excess water and debris flowing on to roads – with the cashstrapped authority forced to pick up the tab for cleaning it up and repairing any damage caused.

Mr Stritch said that with weather conditions likely to deteriorate further over the coming months, the authority was keen to remind landowners and occupiers of their legal obligations under the Roads Act.

“They are required to take all reasonable steps to ensure that water, soil or other material does not come off their land and onto roads, causing a potential hazard to road users and damage to road surfaces,” said Mr Stritch.

“Last winter in particular this caused serious problems on numerous roads across the county, with road surfaces in some instances being degraded by up to 90%.

There is an obvious financial implication to the council for repairing this damage, damage that could be easily avoided by taking some very simple and basic measures,” he added.

To this end the authority is set to launch an information campaign in the media reminding landowners/occupiers and the operators of plant and machinery of their responsibilities.

“In some instances it may be a simple case or people not realising their obligations, something that we hope to address through the information campaign,” said Mr Stritch.

He warned that the council would take action against persistent offenders, prosecuting them through the courts if necessary.

“Before things got to that stage we would make every effort to resolve any issues by writing to persistent offenders and if necessary, issuing formal warning notices,” said Mr Stritch.

“However, people need to be aware that when we become aware of road drainage issues and non-compliance with planning condition, we do have the option of pursuing an issue using our powers under the Roads Act and/or under planning enforcement.”

Mr Stritch went on to warn that failing to take steps to address the issue could have further, far-reaching repercussions for people.

“Excess road surface water can lead to serious road safety issues such as aquaplaning and skidding, particularly when its freezes,” he said.

“In the event of an accident a landowner could find that the liability for that could lie with them.”