The alteration of an ordinary watercourse requires consent in accordance Section 23 of the Land Drainage Act 1991, and Byelaws 4, 6 and 15. The Board will determine applications received seeking to alter a watercourse in accordance with the policy below. Section 23 of the Land Drainage Act prohibits the installation or alteration of a culvert, the installation of a mill, dam, weir or similar obstruction to flow without the prior consent of the Board. Byelaw 4 further restricts the reconstruction, reduction, repair and removal of these structures, as well as the operation or alteration of bridges, headwalls and water control structures. Furthermore, Byelaw 6 restricts the stopping up or diversion or alteration of flow / water level of a watercourse and Byelaw 15 restricts the dredging or raising of any material from the bed or bank of an arterial watercourse. As part of any application to alter a watercourse the applicant has the responsibility to prove that the proposed works would not increase flood risk or negatively impact the efficiency of local drainage.
Policy: Watercourse Alterations
The Board will only approve an application to culvert or infill a watercourse if;- There is no reasonably practicable alternative (including health and safety considerations).
- The proposal is for a replacement culvert or bridge.
- Any culverting is for the sole purpose of providing access (and the total length is the minimum required for the access).
- The proposal forms part of a drainage, agricultural or environmental improvement scheme.
Applications for the installation or alteration of mills, dams, weirs, flow controls, headwalls, bridges and other structures regulated by Section 23 of the Land Drainage Act 1991, and Byelaws 4/6/15 will be considered on a case by case basis. Applications may be refused if the Board's Officers consider that the proposals will increase flood risk or negatively impact the efficiency of local drainage, cause environmental harm that cannot be mitigated or negatively impact the ability of the Board to carry out its operations.