Michael Bowes

This Practice Note sets out the requirements for an environmental permit for flood risk activities under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. It looks at the history of flood defence consents, the requirement for an environmental permit, relevant guidance, the definition of flood risk activities, excluded activities, exempt activities, standard rules permits, bespoke permits and compliance and enforcement. It was produced in partnership with Michael Barlow of Burges Salmon and updated by Dr Michael J. Bowes, Barrister at 6 Pump Court.

This Practice Note summarises the key law, organisations and legal principles to consider when planning, maintaining and demolishing flood defences. It includes practical considerations such as planning permission, maintenance, removal, flood defence consents, and damage. It also includes information on developing policy on flood defences, the Pitt Review and flooding finances. It was produced in partnership with Dr Michael J Bowes, Barrister at 6 Pump Court.

This Practice Note considers the powers and duties of internal drainage boards (IDBs), such as general powers over works on a watercourse, as well as more specific powers, such as the power to control the flow of a watercourse. The Practice Note also looks at how and why IDBs were created under the Land Drainage Act 1991, their composition and funding, and amendments introduced by the Environment Act 2021. Produced in partnership with Michael J. Bowes, Barrister at 6 Pump Court. This Practice Note also links to related Brexit content.

This Practice Note outlines the national planning policy on flood risk and its implications for development. It covers: the provisions of the National Planning Policy Framework on flooding; site-specific and strategic flood risk assessments, and how local planning authorities (LPAs) should apply the sequential test and the exception test. It also looks at subsequent review of planning policy for development in flood risk areas. This Practice Note also links to related Brexit content. Produced in partnership with Dr Michael J. Bowes, Barrister at 6 Pump Court

This Practice Note outlines key flooding issues that may arise in banking and finance transactions. It covers the effects of flooding on underlying assets, lender due diligence and protection for lenders. It was produced in partnership with Michael Barlow of Burges Salmon and updated by Dr Michael J Bowes, Barrister at 6 Pump Court.

This Practice Note outlines key flooding issues that may arise in private M&A (share purchase or asset purchase) corporate transactions. It covers potential risks for buyers, due diligence, allocation of risk for post-completion liability, warranties, environmental reports and reliance, and insurance. It was produced in partnership with Michael Barlow of Burges Salmon and updated by Dr Michael Bowes, Barrister at 6 Pump Court.

This Practice Note is a snapshot on the purpose and scope of the Land Drainage Act 1991 (LDA 1991). It focuses on key provisions of LDA 1991, such as internal drainage boards (IDBs) and districts and their powers, as well as key definitions, and the potential for amendments to the valuation of land for drainage introduced by the Environment Act 2021. It was produced in partnership with Michael Barlow of Burges Salmon and updated by Dr Michael J. Bowes, Barrister at 6 Pump Court.

This Practice Note focuses on the requirement to register large raised reservoirs under the Reservoir Act 1975, as amended by Schedule 4 of the Flood and Water Management Act 2010. Large raised reservoirs in England capable of holding 25,000 cubic metres of water need to be registered with the Environment Agency. Since 1 April 2016, there has been a lower threshold for Wales. Large raised reservoirs in Wales capable of holding 10,000 cubic metres of water need to be registered with Natural Resources Wales. It includes information on proposed reform of the Reservoirs Act to improve enforcing options, to develop a proportionate charging scheme for recovery of regulatory costs and introducing a free registration scheme for owners of small-raised reservoirs. It was produced in partnership with Begonia Filgueira of Acuity Legal and updated by Dr Michael J. Bowes, Barrister at 6 Pump Court.

This Practice Note focuses on compliance with trade effluent consent and agreement requirements under the Water Industry Act 1991 looking at owners and occupiers of trade premises, and the sewage undertaker. This includes a look at enforcement, offences and appeals. Produced in partnership with Dr Michael J. Bowes, Barrister at 6 Pump Court .

This Practice Note focuses on the requirement to have trade effluent consents or agreements under the Water Industry Act 1991. It also covers what effluent cannot be discharged into a public sewer, treating effluent on site and waste water treatment. Produced in partnership with Dr Michael J. Bowes, Barrister at 6 Pump Court