Section 23 Ordinary Watercourse Consent

Section 23 Consents on Ordinary Watercourses

From design to delivery of a development, drainage systems and watercourse or drainage path networks need to be given careful consideration. According to section 23 of the Land Drainage Act 1991, if a planning project includes culverts, embankments, weirs or any feature or like-for-like obstruction that could affect the flow of an ordinary watercourse, it is possible that the developer would need formal permission from the Lead Local Flood Authority (LLFA).

Without the necessary consent, developers and landowners risk enforcement notices, fines or delays due to what would be seen as unconsented works or improperly scoped activity. Our flood and water management consultants help clients with quick and defensible permissions, helping them to obtain land drainage consent and avoid project setbacks.

What is a Section 23 Ordinary Watercourse Consent?

A section 23 ordinary watercourse consent is a type of permission needed before a developer can carry out works that could cause an obstruction to the flow of an ordinary watercourse. For instance, proposed works could include building or modifying bridges, culverts, embankments and certain existing structures that could affect water levels, change flood regimes or increase flood risk.

While the LLFA is the relevant authority in charge of authorising consent, a consultant from our team can prepare all supporting documents, perform risk assessments and review planning applications before submission.

Whether the development involves a new artificial construction, modifying existing assets or working near a covered channel, a pipe designed to prevent obstruction or a mill dam, our consultants ensure that your proposed works comply with LLFA requirements and relevant legislation, including the Flood and Water Management Act 2010, the Land Drainage Act 1991, and the Water Industry Act 1991.

Section 23 Criteria

A development site will require consent whenever the proposed works:

• Alter the Natural Channel
• Change Water Levels or Redirect Water Flows
• Involve Temporary Works or Crossings
• Make a Water Flow Obstruction
• Need a Dry Working Area for Construction

Without consent, the developer could face enforcement action, especially if adequate mitigation measures aren’t in place to ensure a proper flow of water.

Section 23 Consentable Activities

Below, we’ve created examples of situations where a Section 23 consent would and wouldn’t be needed:

Consent Required

• Pipe Culvert (including extension and removal)
• Oversized Boxed Culvert (including extension and removal)
• Trash Screens (alteration to a culvert with potential to obstruct flow)
• Pipe Crossed (in channel)
• Weir/Dam
• Bridge/Decking Where Soffit Level is Below Bank Top Level)
• Bridge/Decking Where Abutment Restricts Flow Area or Width

Not Consentable

• Bank Protection Works*
• Pipe Crossing (above bank)
• Pipe Crossing (below bed)*
• Protruding Pipe Outfall*
• Bridge/Decking Where Abutment Protrudes but Doesn’t Reduce Flow Area or Width
• Clear Span Bridge
• Bridge/Decking with Support in Channel

*Temporary works may require consent

For more information on activities that are considered consentable or not consentable, we would recommend referring to the explanation from Derbyshire County Council.

Section 23 Exemptions

Specific activities may not require a section 23 consent. For example, main rivers are often exempt because they are regulated by the Environment Agency (EA) instead of the LLFA.

Other exemptions could apply to routine maintenance works, changes to a public sewer or works that do not impact certain types of the proposed structure.

It is important that developers are fully aware of whether or not our services are needed way before they have begun construction, renovation or demolition works.

Our Services

The services we offer to help with achieving S23 consent include:

Pre-Application Advice

Before you apply for consent, our consultants assess your design and construction plan for compliance.

At this point, we review specifications, identify whether other consents are required from a wider county council or riparian owner, and reference legal frameworks from relevant legislation.

Support Along the Application Process

Helping with all stages of the consenting process, we can prepare and submit flow capacity modelling, method statements, site-specific risk assessments, technical drawings and the completed application form with the correct fee.

All submissions are checked for compliance with nature conservation and flood and water management policies.

Response to Non-Compliance and Appeals

If the planned works carried out on the development site are considered as being potentially damaging work or if such works were undertaken without written consent, we can help you.

From there, options could include responding to enforcement notices, applying for retrospective consent or filing an appeal under section 24.

Examples include proposing mitigation measures or direct remedial action to rectify unlawful activity, avoid committing a criminal offence and reduce the risk of a further fine. Specific works can be retrospectively consented to, but it is not guaranteed, and the relevant regulation consists of many warnings that prior consent is far simpler to achieve.

Call On Our Team for Help

If you’re planning to undertake works that could affect an ordinary watercourse, you will want to know more about why Arbtech offers the best solutions.

In the section below, we talk about the likely cost, average timescale and quotation process for servicing clients.

Cost of Consent

Although every service we offer comes with a baseline cost, we add to it if your requirements call for it, as it could affect the amount of time and number of consultants needed.

It is also worth noting that each section 23 ordinary watercourse consent application costs £50.

If you need to obtain consent for your development, speak to us directly, and our team can create a tailored quote based on the specifications of your planning project and development site.

Timescale to Obtain Land Drainage Consent

Once an application has been submitted to the LLFA, a response should be given within two months.

Due to the lengthy wait, it is important to check that your documentation has been completed correctly. Our team can do that, making the process as fast and easy as possible, without any worries of unexpected and avoidable errors.

Get a Quote from Our Consultancy

If your proposed works affect the flow of an ordinary watercourse, please note that you may need consent from the Lead Local Flood Authority (LLFA). Without consent, you may be faced with enforcement action, ranging from development delays to potentially severe penalties.

From interpreting guidance notes to supporting documents, our flood water and management consultants are able to help any client with their consent application. We can also advise on any additional permissions, such as flood defence consent for works undertaken on main rivers.

Request a free quote for help with ordinary watercourse consent from our team by contacting us via our website, phone or email. From there, we will be able to guide you with what to do and make sure that you hit the criteria of the Land Drainage Act 1991 and all other relevant legislation, policies and requirements.