The following is the content of letter from Southern Water to a former Eastbroyle resident. It is dated 26th January 2000
Re: BROYLE ESTATE SURFACE WATER SEWERS
Dear
Thank you for sparing the time to meet Philip Storer and I yesterday to discuss the surface water sewers serving properties on the Broyle Estate, Chichester.
As I explained at the meeting it appears that the Highways Act 1959 adoption agreement entered into in 1971 by the developer and the then City of Chichester has been interpreted as indicating that some of the pipes on the estate were adopted as highway drains rather than as public sewers. On closer examination of the document and after discussing the matter with yourselves, I believe this was not the case and the reverse in fact took place. I am therefore pleased to confirm that the surface water pipelines beneath the following highways are public surface water sewers maintainable by Southern Water.
Bristol Gardens, Worcester Road (31 - 132) , Guildford Place, Lincoln Green
Carlisle Gardens, Winchester Drive , Wells Crescent, Salisbury Way
Gloucester Way, Norwich Road , Exeter Road
The Public Sewer Map already shows that the properties on the following highways are served by public surface water sewers and consequently no change will be made in these areas.
Norwich Road (between the two junctions with Worcester Road)
Worcester Road (1 - 29 and 133 - 146) , Truro Close , Rochester Close
Hereford Close , Durham Gardens , Little Breach
Turning now to the 225 and 300 mm diameter surface water pipeline draining Brandy Hole Pond and running in a southerly direction across the estate to St Paul's Road, and ultimately discharging to Chichester Harbour, I confirm that this originally was an open watercourse. Unless the flow in a natural watercourse becomes de minimus, it cannot in law become a public surface water sewer. The act of piping or culverting the watercourse for the purposes of housing development does not alter its legal status.
As you are aware the duty to maintain and repair an open or culverted watercourse lays with the owners of the land through which it flows. These persons are termed the riparian owners. In this particular case the riparian owners comprise the private houseowners through whose gardens the culvert is laid, Chichester DC who I understand are the owners of the open land adjoining St Paul's Road and the highway authority, West Sussex County Council. Each is responsible for the length of culvert under his or her land.
Consequently I am unable to add this culvert to the Public Sewer Map. I will however make arrangements for the sewers serving properties along the aforementioned highways to be added. In the meantime please accept this letter as confirmation that they are public surface waters maintainable by Southern Water.I will write to you again when I have had the opportunity to investigate the issues relating to the surface water pipelines serving Canterbury Close and Exeter Road which you raised.
Finally may I take the opportunity to thank Phillip and yourself for drawing my attention to this matter and trust you will not hesitate to contact me should you wish to discuss it further.
Yours sincerely
Neil Burns
Regional Sewerage Engineer
cc Phillip Storer, Chichester DC