Ordinary watercourse consents

West Berkshire Council is the Lead Local Flood Authority. We are the consenting authority for proposed structures and potential obstructions within a watercourse in accordance with the Flood and Water Management Act 2010 and Land Drainage Act 1991. 

The following activities on an ordinary (non-main) watercourse require local authority consent:

under Section 23 of the Land Drainage Act 1991

• the erection or alteration of any mill dam, weir or other likely obstruction to the flow of any watercourse
• the erection or alteration of any culvert that would be likely to affect the flow of any watercourse

under Sections 17 and 20(2) of the Land Drainage Act 1991

• any drainage works carried out by a local authority against flooding in connection with any watercourse

under Section 61F Land Drainage Act 1991 (inserted by Schedule 22 Environment Act 1995)

• the operation of any drainage works, under the control of any Internal Drainage Board or local authority, so as to manage the level of water in a watercourse for the purposes of facilitating spray irrigation

Please note that consent under the above legislation is required irrespective of whether the works are permanent or temporary.

Ordinary watercourse

An ordinary watercourse is any river, stream, brook, ditch, or connected drain, culvert, pipe and any other passage through which water may flow which is not designated as main river. It does not have to be recorded on a map to be an ordinary watercourse.

You can check if a watercourse is classified as a main river on the Environment Agency's Main River map. If the section of watercourse you want to work on is not on their map, then it is automatically classified as an ordinary watercourse.

When you need consent

Consent is needed for works that affect water flow within the channel of an ordinary watercourse. This includes temporary works. This could be a new pipe (culvert), headwall, bridge, dam, pond or other structure in the watercourse or a change to the alignment or the banks of the watercourse.

See the document below for examples of structures or work that might need consent.

Ordinary watercourse consent sample images [778KB]

Environmental permit

If the section of watercourse is classified as a main river, you need to get an environmental permit. Check if you need to apply for an environmental permit and get the forms you need on GOV.UK. 

Apply for an ordinary watercourse consent

Please read the Ordinary watercourse consent guidance notes  before you fill the form in.

Download and fill in the Ordinary watercourse consent application form [649KB]  here.

Send the application to drainageandfloodrisk@westberks.gov.uk.

What documents to include:

• description of works and method statement
• maps/location plans
• cross sectional plan
• longitudinal sections
• detailed drawings
• maintenance plan and construction management plan
• calculations (as required)
• environmental Impact or Water Framework Assessment (as required)

Costs and how to pay

Each consent costs £50. A separate consent is required for each structure or part of the works which affect the channel. Multiple consents can be made for the same location in a single application. Structures in different locations need separate applications.

If you need to build a temporary structure or diversion for the water to enable you to build the final structure, you need to apply for consent for both of these. For example, a temporary structure plus the final structure requires two consents at a total cost of £100.

If you are not sure of how many structures your plans will involve or what you need to pay for, contact us.

Payment information will be sent to the address specified in the application form.

When to apply

Consent must be granted before any works are undertaken. We cannot grant consent retroactively for works that have been completed or are already underway.

If works are carried out without consent, we may legally require that the watercourse be returned to its original state.

Timescales

The maximum amount of time we can take to consider your application is two months from confirmation of receipt of application. If you are not informed of a decision before this deadline, the consent is automatically granted.

Reasons for refusal

We have a general presumption against culverting (piping) of ordinary watercourses. If you are requesting this, make sure you include a valid reason in your application and demonstrate that you have considered the impact of culverting the watercourse on flood risk and exceedance flow paths. This may require extensive modelling and understanding of wider catchment processes.

Culverting watercourses can introduce points of failure for drainage networks and heighten risk to the public, especially in locations adjacent to highways. You should also give evidence to show why you have discounted alternatives to culverting.

Sufficient information and rationale must be provided for applications to be assessed.

Applications may be refused for several reasons, including that:

• the works cause an increase in flood risk at the location of the works or elsewhere
• insufficient information was submitted to allow an assessment to be made
• the works may cause adverse impacts on ecology and biodiversity or water quality - linked to the Water Framework Directive
• viable alternatives may exist which cause less impact to the ordinary watercourse - like retaining an open channel over culverting

Appeals

If your application is refused, you have the right to appeal our decision under Section 23(5) of the Land Drainage Act 1991. Alternatively, you can make a new application straightaway.

Contravention

In relation to ordinary watercourses, the authority can under Section 24 of the Land Drainage Act 1991 serve a legal notice requiring the person to abate the nuisance within a specified time. If we identify that the flow of water has within a watercourse has been altered in such a way to cause a nuisance issue, introduce flood risk, or bring harm to people or the environment we may take action against the person(s) or organisation responsible.

Failure to abide by such a notice can result in West Berkshire Council carrying out the necessary remedial work and seeking to recover costs.

Contact information:

Flood Risk and Drainage

Email: drainageandfloodrisk@westberks.gov.uk