Should a stream flowing through a village green be fenced for safety.

Question

My village has a steep sided stream flowing through the green. Should this be fenced to protect against young children falling in? Local opinions vary with some saying it is entirely up to parents to control their children.

Answer 1

https://www.rospa.com/leisure-water-safety/water/research/inland

This may be helpful to you. We're in a similar situation-balancing actual v percieved risk. Ours is a shallow stream on the village green too. I've not got the answer, we're discussing it soon though.

Comments

Thankyou, I would be interested in the outcome of your discussion.

Answer 2

First port of call is do the PC own the village green? If so then second thing is to do a risk assessment which would highlight the dangers ( if any) then you can make the decision in council what the solution should be, action and if so what, or none required.

Comments

Yes it is owned by the PC. Dangers are steep sides and flood risk. Thankyou.

Answer 3

The stance that is taken with Open Access land is that unless a landowner sets out to create a risk or is reckless about whether a risk is created they are not liable for any injury caused by a natural feature (such as a stream).

Comments

Thanks, good to know. I would say that it fits the description risk created and we will treat it as such.

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That is very useful, thank you. Do you have a refrence for this, so I can present it?

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Countryside and Rights of Way Act 2000 section 13

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Thank you so much!

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I would have thought that unless you dug the stream nature created it, so it’s a natural feature.

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Thankyou, all responses have been very helpful.