It freezes in winter and grows green algae in summer creating
extremely hazardous conditions for motorists, cyclists and
pedestrians alike. Section 41 of the Highways Act (1980) creates a
duty for the Highway Authority (in this case The City of Bradford
Metropolitan District Council) to maintain highways, with the
exception of trunk roads. The Highway Authority must take such care
in all the circumstances as is reasonably required to ensure the
highway is not dangerous for traffic. The Section 41 duty includes
a duty to provide an adequate drainage system and keep the highway
free from flooding. Additionally, Section 130 imposes a general
duty for the Highway Authority to assert and protect the rights of
the public to use and enjoy the highway safely. In order to fulfil
this duty, the Highway Authority has a responsibility to remove
encroachments and obstructions on the highway. Within the Act,
flooding is classified as an obstruction. Clearly the Council is
failing to fulfil its duty along this section of Carr Lane
commensurate with its responsibility to do so under Sections 41 and
130 of the Highways Act (1980).
This ePetition runs from 06/01/2020 to 30/09/2020.
161 people have signed this ePetition.