Enforcement powers raised in Oswestry flooding row

Gobowen Road in Oswestry, Shropshire, has been closed multiple times due to flooding

A row over flooding in Oswestry looks set to continue after the town council agreed to ask Shropshire Council to use enforcement powers over the issue.

Residents in Jasmine Gardens said they were living in fear of further flooding due to a blocked culvert.

Shropshire Council previously said the land with the culvert was owned by the Cambrian Heritage Railways Trust (CRT).

But the trust has told the BBC only a small percentage of the culvert route sits within its property.

While clearance work was carried out in an effort to resolve the flooding, the problem was caused by "outdated infrastructure", CRT added.

Shropshire Council insists responsibility for the issue lies with the trust due to the terms of its lease.

The Jasmine Gardens area, in the north-east end of Oswestry, flooded following days of heavy rainfall, with residents complaining not only were their properties affected but Gobowen Road was forced into regular closures.

Residents said they were living in constant fear of flooding affecting their properties

At a meeting of Oswestry Town Council, members agreed to ask Shropshire Council to use enforcement powers to solve the issue.

"I propose we write to [Shropshire Council] on behalf of the residents to ask them to use [the powers] to bring this situation to a resolution," said councillor Duncan Kerr.

Shropshire Council member Dan Morris said the authority would be "reminding CRT of their responsibilities to maintain the culvert", and did not rule out enforcement action.

He said although the council owned the railway line, the wording of the lease meant CRT was responsible for maintenance of the culvert.

"The council have permissive powers to undertake enforcement action against landowners/leaseholder who fail to maintain their watercourse," he added.

CRT said in a statement: "Responsibility for upgrading drainage infrastructure sits with the Environment Agency and planners when approving land development."

This news was gathered by the Local Democracy Reporting Service which covers councils and other public service organisations.