The decline and deterioration of park lakes and community ponds across England is an issue of growing concern, with significant implications for local communities, biodiversity, and recreational opportunities.
Recent examples, such as the drying of Heath Park Lake in Runcorn and the loss of water features at Markhams Chase in Essex, highlight the urgent need for effective water management and clear accountability for those who neglect their duties to protect the environment.
The legal framework governing water management is complex, involving statutory duties under the Water Resources Act 1991 and the Flood and Water Management Act 2010.
Local authorities, the Environment Agency, and water companies such as United Utilities each have defined responsibilities.
However, the boundaries of these duties are often blurred, leading to disputes over maintenance and liability.
In Marcic v Thames Water Utilities Ltd [2003] UKHL 66, the House of Lords (now Supreme Court) clarified that statutory water undertakers are not generally liable in private law for failures in water management, unless there is clear evidence of negligence or breach of statutory duty.
It would be inaccurate to consider the loss of park lakes and ponds a purely environmental issue.
As park lakes and ponds become lost, the well-being of the community can begin to suffer as treasured local spaces diminish in quality.
These water bodies provide vital habitats, support local wildlife, and offer recreational spaces for residents, so their disappearance can reduce community cohesion.
The negative impact they have on opportunities for outdoor activities, particularly in urban areas where green spaces are already limited, means that communities suffer just as much as the wildlife that depends on the bodies of water for survival.
Who is responsible for maintaining bodies of water?
Responsibility for the maintenance of such features often falls between local authorities and statutory bodies.
Where local authorities have failed to maintain drainage or address siltation, or where the Environment Agency or water companies have not fulfilled their statutory obligations, the fault may be shared.
The lack of clear guidance and funding exacerbates these challenges.
More specifically, the loss of water has been blamed on leaks, prioritisation and diversion of supply, faulty or mismanaged infrastructure, changes in spring feeding sources and a broader nod to climate issues.
As communities witness the loss of cherished water features, questions remain about how statutory bodies can be held to account and what legal remedies are available.
The preservation of park lakes and community ponds extends beyond a legal and environmental imperative.
Given the impact it can have on the well-being of a community, it is a collective responsibility to ensure bodies of water are properly cared for and maintained.
If your local water features are under threat, or if you have concerns regarding the actions or inaction of local authorities, the Environment Agency, or water companies, it is crucial to seek guidance and assert your community’s rights.
Our team is experienced in navigating the complexities of water management law and advocating for the protection of community assets.
We are always happy to discuss concerns, explore potential remedies, and work together to ensure that these vital spaces are preserved for the benefit of current and future generations.
At Dyne Solicitors, we have specialist expertise in environmental disputes across the regulatory, civil and commercial spectrum. Contact Alex Sandland today for help.