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The Land Drainage Act 1991 provides powers of enforcement, taking into account the location and nature of any nuisance caused by:

  • a failure to repair or maintain watercourses, bridges or drainage works.
  • unconsented works
  • impediments to the proper flow of water.

As a Lead Local Flood Authority (LLFA), we will take a proportionate risk-based approach to any contraventions on watercourses outside of Internal Drainage Board areas and those not designated as main rivers, which are the responsibility of the Environment Agency. We will consider if a contravention is likely to increase flood risk and the consequences of this. If appropriate WCC may issue notice for works to resolve the contravention. Should the authority be required to remedy the contravention, we will seek to recover cost and take any appropriate prosecution action.