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

The following Property practice 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...

Flood defence consents [Archived]

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

11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out

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