The following Environment guidance note Produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon provides comprehensive and up to date legal information covering:
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.
For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.
The ‘old’ system of flood defence consents, prior to 6 April 2016, regulated activities on or near a main watercourse or sea defence under the Water Resources Act 1991 (WRA 1991), regional byelaws and the Highways Act 1980 (HiA 1980).
Flood defence is the drainage of land and the provision of flood warning systems. Consent was required to ensure that any works did not increase flood risk, damage flood defences, or harm the environment, fisheries, or wildlife.
There was a defence in the case of works undertaken in an emergency, and there was an exception to the requirement for flood defence consent where the works were a licensable marine activity and certain circumstances applied.
The old regime was seen to be unnecessarily complex and onerous. For information on the old flood defence consent regime, see Practice Note: Flood defence consents [Archived].
Following consultation, the Environmental Permitting (England and Wales)
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.