Environmental permitting—flood risk activities
Produced in partnership with Simon Tilling and Michael Barlow of Burges Salmon
Environmental permitting—flood risk activities

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:

  • Environmental permitting—flood risk activities
  • Brexit impact
  • History of flood defence consents
  • The requirement for an environmental permit
  • Environment Agency Guidance
  • Natural Resources Wales Guidance
  • When does the EP regime apply?
  • Is the work being conducted on or near to a main river?
  • Definition of flood risk activities
  • Which flooding activities fall outside the EP regime?
  • more

Brexit impact

This content is likely to be impacted by the UK’s withdrawal from the EU. For information on how leaving the EU will affect environmental law, see Practice Note: Brexit—environmental law implications, which details the relevant aspects of the withdrawal process, as well as providing insights into developments affecting environmental protection, such as the draft Environmental Principles and Governance Bill.

The date and time of withdrawal of the EU (exit day) is specified in UK law (under section 20 of the European Union (Withdrawal) Act 2018), but until the legal terms of the withdrawal negotiated with the EU are finalised, there remains a possibility that the UK’s membership will lapse automatically on exit day, without all the necessary legal and transitional arrangements in place. This has implications for practitioners considering specific environmental law regimes. For information on no deal guidance for these regimes, see Practice Note: Brexit—key publications on implications for environmental law, which provides links to relevant no deal guidance published by the government.

For details on Brexit related regulations relevant to the environment, see: Environment legislation tracker 2019 and Environment legislation tracker 2018.

History of flood defence consents

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