It is important to recognise that Planning Legislation is separate to Land Drainage Legislation and cannot override it. Irrespective of any planning permission obtained, if the proposed development affects the Board’s access or operations it will be subject to obtaining its prior agreement and consent. It must also be made clear that the Boards intend to strictly enforce no development within the 9m byelaw zone to ensure its future maintenance operations are not hindered.
The Land Drainage Act 1991 Section 23 prohibits any person from causing an obstruction to flow in any Ordinary Watercourse. Any person carrying out works on an Ordinary Watercourse in an Internal Drainage Board (IDB) district requires Land Drainage Consent from the IDB prior to any works taking place. This is applicable to both permanent and temporary works. Applicants for Consent are also required to comply with the IDB’s Byelaws, which protect the water corridor to ensure the watercourse is accessible for inspection and maintenance.
In areas which IDBs do not cover, this Consenting role transferred from the Environment Agency to the Lead Local Flood Authority on 6th April 2012. In the areas of Central Bedfordshire, Milton Keynes, West Northamptonshire and North Northamptonshire, the Consenting role is being undertaken by the Bedford Group of Drainage Boards under the Flood and Water Management Act Section 13 (4). Applicants are required to comply with the Land Drainage Act Section 23 “the prohibition on obstructions etc in watercourses” and the Buckingham and River Ouzel IDB Byelaws (5th November 2002), pending the publication of the ‘Local Flood Risk Strategy’ and local authority Byelaws.
The Board’s Byelaws can be found here.
Please use the guidance information and relevant forms below to apply for Land Drainage Consent. If you have any queries, please contact the Boards’ Engineering department on 01234 767995 or email- firstname.lastname@example.org