Owner rights in waterway

Hi All,

I have a property that backs onto a brook. My property technically extends across the brook to the far bank.

Under the bed of the brook runs a mains sewer line & also on my property is a manhole access point that sticks up about 3m above ground. The bank at the back of my property slopes down about 6m from my yard level to the water level.

The brook flows in a straight line as it passes my property & the manhole rises from the brook about 1m out from the bottom of my bank.

QUU have notified me that they plan to thicken the column by 150mm. Currently during greater than normal water flow, the water eddies around the existing column and has scoured out a little of my bank, undercutting what's there.

I am concerned a wider column will create a bigger eddy & scour out more bank.

QUU have asked me to sign a consent form to operate on my property. I have asked if anything will be done to fix the scouring but was told that the plan only covered filling & compacting the existing hole caused by the water flow.

My question is - Can I refuse to sign the consent unless they agree to either divert the water flow to the other side of the column, away from my bank OR they agree to put a 1m high strip of concrete / retaining along the base of the bank that is effected (about 3/4m long).

Is it legal for me to do this? Would they agree or just ignore me & go ahead anyway?

There is a BCC waterway overlay on the brook but I'm not sure if that has any bearing.

Thanks
 
Have a chat with the council's environmental officer. Ask them what they can do to assist to prevent any further scouring of the bank. The council shouldn't be contributing to the damage.
 
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