Flooded footpath

sevenhills

I wasn't sure where to post this.

Local to me, there is a public footpath at the side of a dual carriageway that has been flooded for a few months.

It is not a well used footpath, but its flooded its entire width and for 20+ yeards. I believe a footpath should meet legal requirements. The verge is muddy and I have seen a young lad walk on the road instead of using the footpath.

I have informed the council and the councillor for that area. At the side of the footpath and higher up, there is a railway line. There is a stream lower down. The water looks discoloured.

Why is it not draining away, would digging a hole help?

Since not all areas have footpaths, I guess there is no legal requirement for one?

subjecttocontract

Your council should respond to your note.
Your councillor should also respond. I'm sure if you chased it up with them you would find out what is planned. Don't expect a quick fix.......shortage of money, manpower and a busy schedule will delay repairs.

Section62

sevenhills said:

Since not all areas have footpaths, I guess there is no legal requirement for one?

It depends whether it is a 'public footpath' or a 'footway' - a public footpath is a right of way (/highway) in its own right, whereas a footway is an area for pedestrians alongside a road.

The highway authority have a duty to keep rights of way open, so if a 'public footpath' is blocked due to flooding the council have to take (reasonable) steps to deal with the flooding and get it opened again.  However, there are grey areas around how much they have to do.  Case law is that highway users have to take the highway as they find it - so if the public footpath is flooded (or just a muddy swamp) then so long as it is passable then the authority have probably done enough to meet their duty.  If the flooding is so deep (or fast flowing) it presents a danger then the authority would have to act - but could do so by putting in place a temporary (/emergency) closure.

With footways (alongside a road) the right of way is still open even if the footway is blocked by flooding (or e.g. roadworks). Pedestrians using the footway can simply walk in the road instead of along the footway.  Therefore the authority wouldn't have a specific duty to clear the footway or stop it flooding - just as they don't have a duty to provide footways where none currently exist.

However, they do have a duty for the safety of highway users.  So they should assess the risk pedestrians are placed at by walking on the road rather than the footway, and take any measures they consider necessary - for example by having a coned-off area of the road pedestrians can use instead of the footway.

Therefore the thing to do if you want action is to stress the safety issues.  Once the highway authority is aware there is something which poses a serious risk to highway users they are very much exposed (legally) until they do something to mitigate it.  Issues where there is a safety dimension will always take priority over those which are just a matter of convenience.

If you'd like to PM me with details of the location I'd be happy to have a look on streetview to see if there is anything else about the location you could use to get the council's backside in gear.

Albermarle

With footways (alongside a road) the right of way is still open even if the footway is blocked by flooding (or e.g. roadworks). Pedestrians using the footway can simply walk in the road instead of along the footway.

Less simple for parents with buggies, or people in wheelchairs. This can also be used to put pressure on the council. 

I suppose it depends on how well used it is as well.

sevenhills

Albermarle said:

Less simple for parents with buggies, or people in wheelchairs. This can also be used to put pressure on the council. 

I suppose it depends on how well used it is as well.

It's not a well used path at all, which is why I don't want to press the issue with the council. I feel if I press it, they will just put up barriers to close the path. 
But I do believe these issues should be a higher priority, since the council/Government spend millions on cycle paths. 

Eldi_Dos

sevenhills said:

Albermarle said:

Less simple for parents with buggies, or people in wheelchairs. This can also be used to put pressure on the council. 

I suppose it depends on how well used it is as well.

It's not a well used path at all, which is why I don't want to press the issue with the council. I feel if I press it, they will just put up barriers to close the path. 
But I do believe these issues should be a higher priority, since the council/Government spend millions on cycle paths. 

I understood that a lot of funding for Cycle paths came from the National Lottery, which to me seemed a good way to spend the money generated by the lottery.

Section62

Eldi_Dos said:

sevenhills said:

Albermarle said:

Less simple for parents with buggies, or people in wheelchairs. This can also be used to put pressure on the council. 

I suppose it depends on how well used it is as well.

It's not a well used path at all, which is why I don't want to press the issue with the council. I feel if I press it, they will just put up barriers to close the path. 
But I do believe these issues should be a higher priority, since the council/Government spend millions on cycle paths. 

I understood that a lot of funding for Cycle paths came from the National Lottery, which to me seemed a good way to spend the money generated by the lottery.

The problem is there is lots of money sloshing around to fund the capital costs of installing cycle paths, but very little special provision for maintenance.  Many councils either have self-imposed or external targets for the number of km of cycle path/lane installed so focus only on adding more km's to their network.  Quality, and ongoing maintenance, are poor relations.

The additional maintenance costs of these cycle facilities (which often cost more per km than for 'road') have to be fitted into the overall revenue budgets for highway maintenance.  So whilst some of the new cycle lanes are useful, it comes at the cost of stretching maintenance budgets even more.

I've PM'd sevenhills my thoughts having seen the location on streetview and based on the limited impression you can get from streetview I'd say the issue there is a lack of basic highway maintenance.  Unfortunately this is becoming a norm for the UK's roads.

sevenhills

Not sure if flooding on the pavement can be caused by blocked gullies, but I will look into it. 

Eldi_Dos

If the gully on the road is not cleared and is silted up there is every chance the water could accumulate like that, another possibility there is that one of the street signs has damaged a drain.
The routine used of gully suckers to maintain the drainage system does seem to be on the decline, although our local council react quite promptly if you report blockages on their online reporting form.

molerat

I was expecting to see a made up footway and not a muddy track at the side of the road.  Is it actually a "footpath" or just where people have walked as a shortcut ?

Section62

molerat said:

I was expecting to see a made up footway and not a muddy track at the side of the road.  Is it actually a "footpath" or just where people have walked as a shortcut ?

Definitely a made up (tarmac) footway.  This is what it used to look like on streetview -

It isn't clear whether the problem is with water coming down the embankment accumulating at the bottom, or with standing water on the carriageway being thrown up and forward onto the verge/footway by passing traffic. (or a combination of both)

Either scenario is almost certainly down to poor maintenance.