Ordinary Watercourse Land Drainage Consents

To carry out work on or near to a watercourse, you may need our consent. We are responsible for granting consent for works on ordinary watercourses. An ordinary watercourse is legally defined as not being a ‘main river’ and can include streams, ditches, and drains.

If you are unsure what type of watercourse your intended work is on, you can check the main rivers map on the Environment Agency website. If the watercourse is not included on the main river map it is likely to be an ordinary watercourse. Consent for works on ‘main rivers’ is the responsibility of the Environment Agency.

If you want to erect or alter an existing obstruction to the flow in an ordinary watercourse, by law you need to get written permission from us.

This includes:

• erecting any mill dam, weir or other like obstruction to the flow of any ordinary watercourse or raise or otherwise altering any such obstruction
• erecting a culvert in an ordinary watercourse
• altering a culvert in a manner that would be likely to affect the flow of an ordinary watercourse

Read more about the Land Drainage Act 1991.

Although some proposed structures may not require consent, as they do not affect the flow of the watercourse, you will still need to get permission if the construction works themselves could obstruct the flow.

You can see guidance on the activities you may want to carry out with example images and what permission is needed below:

How to apply for consent

We recommend contacting us at [email protected] before you start your application. We may be able to advise you that consent is not required or give you advice that will help avoid unnecessary delays. 

Once you are ready, you can complete the application form linked at the top of this page and attach all the necessary supporting documents. We are currently in the process of building a form, which will be available to access here.

Once a full consent application with the required supporting documentation has been received and validated, we will send a confirmation email which will request payment of the appropriate fee. The fee is £50 per structure/obstruction. 

The assessment process will then begin:

• we have a maximum of two months to determine an application from the day when payment is received
• the applicant will receive written confirmation within this period on whether consent has been given or not
• we have the right to refuse any application. If your application is refused you will receive a refusal email and reasons for the refusal. Your fee will not be refunded
• if we fail within two months after the relevant day to notify the applicant in writing of their determination with respect to the application, they shall be deemed to have consented

The fee for Land Drainage Consent currently stands at £50 per structure, which is dictated to us by the legislation. The amount payable will increase incrementally for every individual structure or works. 

For example, if the proposed scheme is for two separate weirs, then the application would be £100 (£50 x 2 structures).

To be valid, an application will require, as a minimum:

• a completed and signed application form
• a location plan
• a method statement for the works
• any relevant engineering drawings demonstrating the nature of the structure/works
• any relevant ecological and/or environmental information deemed necessary
• any other required information as identified by a Land Drainage Officer during pre-application discussion

Supporting documents

You will need to provide the following supporting documents in your online application form:

• site location plan
• drawings or figures of proposed works (site plan, engineering layout, cross sections, long sections, construction details)
• justification for works (if proposing to culvert or obstruct the watercourse). Please refer to the culverting policy. Clear span structures and minimal obstruction should be sought wherever possible
• flow calculations (existing and proposed) (if required – culverts, obstructions, realignment of channel, etc)
• method statement for each consentable obstruction/works, detailing:
  • measures to manage flood risk
  • measures to manage pollution to ensure no contamination of the watercourse
  • contingency policy
  • temporary works plan clearly illustrating any temporary flood risk and pollution management measures. Justification for not using temporary works where plans for temporary works are not provided  
  • ecology information (if required - typically only if within or in close proximity to SSSI or when removing or infilling an existing watercourse - check with Natural England or our Planning team)
  • Water Framework Directive Assessment (if required)
  • evidence that the proposals will result in the sustainable flow path through and beyond the site (if required)

Works to install or alter culverts

In line with good practice, we seek to avoid new culverts where possible because of the adverse ecological, flood risk and public safety impacts. Where possible we promote the removal of culverts.

Watercourses are important linear features of the landscape and should be maintained as continuous corridors to maximise their benefits to people and the environment.

We will consider each application to culvert a watercourse individually and in accordance with our risk-based approach to consenting. 

However, we will only give consent for a new culvert if there is no reasonably practicable alternative, or if we think the detrimental effects would be so minor that a more costly alternative would not be justified.

We do however recognise that there are situations where installing a culvert may be unavoidable, such as short lengths for access purposes or where the Highway crosses a watercourse.

Read our Culverting Policy which can be found in our Local Flood Risk Management Strategy before starting your application. 

Failure to obtain land drainage consent

Failure to obtain land drainage consent prior to carrying out the works may be deemed a criminal offence. This includes retrospective consent, as consent must be secured before the construction or work begins. You cannot ask for it during or after the work has been completed.

Any person acting in contravention of Section 23 of the Land Drainage Act 1991 may be liable, on conviction, to a fine of up to £5,000 and to a further fine of up to £40 for every day on which the contravention is continued after conviction.

Under Section 24 or of the Land Drainage Act 1991 we have the power (without prejudice to any other criminal proceedings) to take such action as may be necessary to remedy the effect of the contravention or failure to obtain consent, and to recover the expenses reasonably incurred by it in so doing from the person in default.

We take a risk-based approach to enforcement on unconsented works, and where possible, will always seek to resolve any issues amicably with all parties through negotiation. Enforcement will normally be used as a last resort and where there is a risk to life, property or infrastructure caused by the unconsented works.

Last updated 14 January 2025