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No, a WMA Member Board can object to a planning application, but it is the Local Planning Authority’s responsibility to ensure applications do not increase flood risk on site of elsewhere as per paragraph 163 of the National Planning Policy Framework, they may do this under advice from the Lead Local Flood Authority and the relevant Internal Drainage Board. The Board’s regulatory process is set out under the Land Drainage Act 1991 and is separate to the planning process, however the ability to implement a planning permission may be dependent on the granting of the Board’s Consents. As both regulatory regimes should consider the impact of the works on flood risk, it is unlikely that a site should gain 1 form of consent but not the other. However, if a site does receive only 1 of the required consents (e.g. the site received planning consent but not the Board’s consent), an appeal may be heard by either the Secretary of State or the President of the Institution of Civil Engineers (depending on the circumstance) to determine if either consent was granted or withheld unreasonably.
September 22, 2025
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