Applying for consent
Section 23 of the Land Drainage Act 1991 requires that before the erection or alteration of any obstruction to the flow in an ordinary watercourse, a written consent is obtained from the Lead Local Flood Authority (LLFA) for the area. These obstructions include; any mill dam, weir or like obstruction, or a culvert. There is no national map of ordinary watercourses, but a map of designated main rivers can be found at this link. All other watercourses will be classed as ordinary watercourses.
In some cases, the proposed structure itself may not require a consent as it does not affect the flow in the watercourse, however the temporary works to construct the structure may include obstructing the flow to make a dry working area or to provide access. If this is the case, a consent application should be made.
How to apply for consent
Please note consent must be obtained before the construction of works begin, as no provision has been made in the Land Drainage Act 1991 that allows the LLFA to retrospectively grant consent for works that have already begun construction or have been completed.
When apply for Land Drainage Consent, we require a completed application form; and the supporting documents outlined the Land Drainage Consent guidance document, emailed to frmconsenting@warwickshire.gov.uk
Alternatively, we have an online Land Drainage Consent form which can be submitted by clicking the ‘Land drainage consent online form’ link under ‘Documents and downloads’. Please note when submitting the Land Drainage Consent form online, the supporting documents must be sent through via email to frmconsenting@warwickshire.gov.uk
When applying for Land Drainage Consent due to our new agile working arrangements, please refrain from sending in hard copies, as this may result in documents being lost or a delay in the application process.
There is a charge of £50 for each structure or operation for applications made under the Land Drainage Act 1991.
Failure to obtain land drainage consent
No provision has been made in the Land Drainage Act 1991 that allows the LLFA to retrospectively grant consent for works that have already begun construction or have been completed.
Works on ordinary watercourses that take place without consent or that can remain without enforcement action can result in increased flood risk or environmental damage. Section 24 of the Land Drainage Act 1991 allows the LLFA to serve a notice for the watercourse to be restored to its previous condition within a specified time. If this is not done, the LLFA can carry out these works and recover the costs.
The applicant may choose to provide evidence that the unconsented works have not increased the flood risk. However, as retrospective consent cannot be granted, this evidence will not remove liability for any future flooding found to be a result of the unconsented works.
The LLFA does not accept any responsibility for the design and construction of the works that are the subject of the consents they grant, and any liability for any loss or damage which may arise out of their design, construction, maintenance or use.