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The ready co-operation of most owners again calls for an expression
of thanks.
The ambiguity of the Law relating to the provision of dustbins
continues to harass us. In the circumstances one must comment on the
strict regard which is paid by the Council to all the relevant details of a
case before a decision as to the service of a Notice on Owner or Occupier
is made. With so many appeals against Notices up and down the
Country, it is pleasing to report that the decisions made by this Council
were complied with forthwith by the persons held to be responsible,
with one exception. In this case the person served appealed unsuccessfully
to the Bench.
The responsibility for the repair of combined drains (a combined
drain is one which receives the drainage of two or more properties) has
always been a knotty legal problem in Public Health administration.
The 1936 Act endeavoured, not in all respects successfully, to settle the
position. The required work is now undertaken by local authorities
and the cost of works is allocated between the respective owners according
to the circumstances making the work essential. The administrative
work here is lengthy and detailed, but when there is added the complication
of War Damage, the matter becomes not a little incongruous.
The repair of a combined drain is frequently associated with the repair
of branch drains connected thereto; together they form the complete
drainage system of a block of adjoining properties. The Council must
undertake the work of repair to the combined drain, but the individual
owners may themselves arrange for the repair of the branch drains if they
so desire.
The service of Notices under Section 24 (combined drains) and
Section 39 (private branch drains) of the 1936 Act commences the
procedure, and usually the owners default on the Section 39 Notice, the
Council thereby being enabled to undertake the whole of the works.
The costs may then be recovered as aforementioned. Complicated
enough, but when the War Damage Commission agree that the
defective drainage system is due to War Damage, the method of
recovery of costs is varied. The cost of the works to the branch drains
is recovered by the Local Authority direct from the War Damage
Commission. The cost of works to the combined drains is recovered by
the Local Authority from the respective owners who may then, in turn,
recover the cost from the War Damage Commission. Bearing in mind
that we are talking of one complete drainage system, the unnecessary
complications will be apparent, but they are unfortunately maintained.
Certain statistical information is appended:—
Number of complaints received and investigated 2,041
Number of initial visits 5,786
Number of revisits 6,106
Number of Intimation Notices served 509
Number of Statutory Notices served 99
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