Flood defence consents [Archived]
Flood defence consents [Archived]

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Flood defence consents [Archived]
  • Brexit impact
  • When is flood defence consent required?
  • What is flood defence?
  • Why is consent required?
  • What is a main river?
  • Distinction between flood defence consents and ordinary watercourse consents
  • Obligation
  • Contravention of obligation—powers of the EA or NRW
  • Defence
  • more

ARCHIVED: This archived Practice Note provided an outline of the former ‘flood defence consent’ regime for main rivers under the Water Resources Act 1991 (WRA 1991) and ordinary watercourse consents under the Land Drainage Act 1991 (LDA 1991). Following consultation, the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016, SI 2016/475 extended the scope of the Environmental Permitting regime to bring flood risk activities within the environmental permitting regime from 6 April 2016 as a regulated facility. This replaces the flood defence consent regime. Transitional and saving provisions apply in respect of existing flood defence consents, outstanding applications for flood defence consents, existing notices and arbitration matters. For more information on flood risk activities, see Practice Note: Environmental permitting—flood risk activities. For information on environmental permitting generally, including the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 , which came into force on 1 January 2017, see: Environmental permits and exemptions—overview.

Brexit impact

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