Environmental Permits for Flood Risk Activities

Flood Risk Activity Permits

If your proposed project involves temporary or permanent structures on, near or over a tidal main river (within 8 metres), non-tidal main river or sea defence (within 16 metres), a specific type of permit could be needed for the development to continue. Examples of affected structures include erosion protection, flood defence structures, a pipe crossing or river control works.

Common activities that can trigger permit requirements include drainage work, hydrodynamic dredging and anything that can divert flood waters or improve the flow of water. Likewise, it could even be needed during installation in areas where manure clamps and straw stacks are used, or if you plan to build agricultural hay stacks.

More specifically, if you are affected by any of the factors mentioned above, you may need to apply for a flood risk activity permit (FRAP). Even just as a precautionary measure, it is crucial to arrange an early assessment before you start work on your development, as it will avoid any chance of facing enforcement action in the future.

What is a Flood Risk Activity Permit?

Also known as an environmental permit for flood risk activities, a flood risk activity permit (FRAP) is needed for any works that involve permanent or temporary structures that lie within, over or under a river or flood plain. It includes works near a flood defence structure, near a sea defence structure, near a main river flood defence or near river banks, and it could also cover ordinary watercourses (usually small rivers, streams and ditches) managed by a local authority.

With a FRAP, you can ensure that your activity meets environmental and flood risk regulations, helping you to manage risk and support planning compliance. By approaching your development in this way, you can avoid going against any policies and laws that directly relate to flood risk activity.

Different Types of Environmental Agency (EA) Flood Risk Activity Permit

The two types of main pathways are:

• Standard Rules Permit / Fixed Rules Permit – for existing conditions and a lower level of risk
• Bespoke Permit – for unique conditions* and a higher level of risk

*Requiring a detailed assessment and a tailored management system

Reasons for Needing a Permit

A permit would be needed if the planned development work:

• Affects Water Flow or Drainage
• Brings in Structures Capable of Altering Stability and Impeding Regulator Access (such as remote defences)
• Could Impact Flood Storage or River Control Works
• Erects Structures In, Over or Under a Main River
• Involves an Ordinary Watercourse
• Occurs on a Flood Plain
• Quarries or Excavates within 16 Metres of a Culvert, Flood Defence or Main River
• Repairs a Structure If It’s Likely to Affect the Flow or Drainage
• Takes Place Near a Main River or Sea Defence (within 8 metres of a non-tidal river or 16 metres of a tidal river or sea defence)

Flood Risk Activity Permit Exemptions

Instead of diving straight into applying for a flood risk activity permit, first check that your development doesn’t fall into the listed excluded activities or registered exemptions. That said, it is important to register with the Environment Agency or Natural Resources Wales that you qualify for an exemption. If, however, your development doesn’t qualify for an exemption, you will need either a standard rules or bespoke permit.

There are some low-impact activities that are classed as being exempt. Whenever this happens, however, they need to be registered. For instance, if it were necessary to install temporary small rafts for surveys, scaffolding for inspections or small environmental monitoring equipment, remove small amounts of debris that doesn’t affect flow, hold emergency works, cut vegetation above the water line, or carry out gravel-cleaning or use other materials in fish-spawning beds, the other flood risk activities would need to be registered alongside key details, such as the size, location and method.

It could be the case that the exemptions aren’t accepted, such as with high morphological status waterbodies, priority habitats, sites of special scientific interest (SSSI), special protection areas (SPAs), special areas of conservation (SACs) or other listed protected areas. Context is important with flood risk, as specific works could fall under excluded activities or registered exemptions.

Penalty for Breaking Conditions of Environmental Permit

If someone is seen to breach the conditions of an environmental permit or – even worse – hasn’t applied for an environmental permit in the first place, the penalties range from inconvenient to devastating.

Under a policy paper from the Environment Agency, penalties include:

• Warning
• Formal Caution
• Prosecution
• Variable Monetary Penalty
• Enforcement Undertaking

Environmental Permit for Flood Risk Application Process

A successful permit application comes from a thorough submission, starting with site surveys and a flood risk assessment (FRA), as followed by a robust management system.

Stages in the Permitting of a Flood Risk Activity

1. Site Surveys and Flood Risk Assessments (especially near main river zones)
2. Definition of the Management System (including supporting information like site plans, risk assessments, method statements and associated documentation, such as detailed drawings of embankments, pipes, walls, etc.)
3. Preparation and Submission of Application (both standard and bespoke)
4. Confirmation of Decision and Permit Conditions from the Environment Agency (EA) or Natural Resources Wales

Application Timing

Applications for permits are usually processed within a set timeframe.

Standard rules applications could be relatively quick, whereas bespoke applications could take longer due to the tailored information that needs to be evaluated.

It would always be advisable to apply as early as possible, but in the case of a bespoke application, it wouldn’t hurt to apply even more ahead of time.

Do I Need a Flood Risk Activity Permit?

If there’s any chance that your proposed activities could in any way impact main rivers, flood plains, sea defences or river control works, you may need to apply for a permit.

It could be that you’re unsure whether it’s a standard rules permit, a bespoke permit or possibly even eligible for exemption.

Fortunately, the team at Arbtech can assess site context, drainage work and scope of your development plans to guide you in the right direction and support your permit application.

Insightful Flood Risk Activity Permit Guidance

Based on a solid track record for delivering advanced surveys, comprehensive reports and other elements that help with planning, Arbtech is perfectly placed to give you everything you need to see a successful application for a flood risk activity permit.

Once we are instructed to work with you, we can help you manage risk, avoid enforcement action and streamline your flood risk assessment, environmental permit application and regulatory compliance with the Environment Agency (EA) in England or Natural Resources Wales in Wales.

Charges for a Flood Risk Activity Permit

The flood risk activity permit charges will need to be worked into the budget of your development.

Although a standard rules permit generally falls under a set fee, a bespoke permit is likely to vary based on the scale and complexity of the proposed activities. It is also worth noting that charges from the Environment Agency and Natural Resources Wales are set nationally, with bespoke work attracting additional assessment fees.

As for the overall flood risk activity permit cost, it would be best to contact us directly so we can work out the likely fee for a completed permit and our services based on your site and project.

Compliance with Flood Risk Activity Permit Regulations

Under the guidance of our team, you can guarantee that you remain compliant with relevant flood risk activity permit legislation and regulations.

One such example of this is Schedule 25 of the Environmental Permitting (England & Wales) Regulations 2016, where flood activities and exclusions are clearly defined. Other relevant legislation also includes the Land Drainage Act 1991.

Ask for Help from Our Team

Whether your development plans involve a temporary structure designed to support the works, an installation to improve flow or any other activity within a tidal main river or close to a flood defence structure, if you’re planning any flood risk activities, it’s vital that you get the right permissions in place ahead of time.

Our consultants can help when it comes to flood risk activities, environmental permit applications and any other matters that could otherwise affect planning. Simply complete a quote form online, call us or email us, and with our help, you can navigate flood risk activity permits, avoid delays, meet regulations and keep your planning project on track.