There is a stream running alongside our house and drive, and then it runs underneath the road through a tunnel, and stays running through the tunnel until it empties into the sea a few miles away.
Every August for the past 3 years a heavy rainfall causes the water level to rise until the point where it cannot all fit through the tunnel and the water backs up, eventually flooding our garden. It has caused damage to our property in a shed that we have now moved for this reason. Luckily it has never risen high enough to enter the house.
The council are well aware of the problem, and have sent surveyors out who have told them that the tunnel needs expanding, not only to protect our property but mainly to prevent a flash flood or road collapse which could obviously prove disastrous.
When we moved in 7 years ago we were told by the neighbours that the stream had never flooded, the council believe that the problem has been exacerbated by the building of a large housing estate higher up, and we've been told that plans have been submitted to build more houses, which will only make the problem worse.
My question is, do the council have a duty of care here, both to us and to the road users? They have been told that there is a problem and they have been given a solution, albeit an expensive one, but if our property is damaged, or someone is injured or worse on the road, are they then liable?
Thanks and sorry for long post!