Land Drainage and Flood Defence Responsibilities 5th Edition

Contents Acknowledgements ix
Preface xi
Abbreviations and definitions xiii
1 Outline of responsibilities and statutes 1
Scope of land drainage 1
General principles 2
Statutory functions 3
Principal statutes 6
2 Developed government and departments 11
England 11
Wales 15
Scotland 15
Northern Ireland 17
3 Environment Agency 19
Supervisory duty 19
Surveying duty 21
Principal powers – main rivers and ordinary
watercourses 22
Designation of main rivers 23
Powers to ensure maintenance of flow in
watercourses 24
Powers to require repairs to watercourses, bridges
and other infrastructure 25
Incidental powers 25
Directions to IDBs 25
Power to carry out schemes for small areas 25
Power to make byelaws 26
Flood warning systems 26
Tidal flooding and coastal erosion 26
Financing of land drainage functions 26
General aims and environmental duties 27
4 Internal drainage boards 29
Functions and constitution 29
Land Drainage Act 1991 29
Water Resources Act 1991 31
Financial arrangements for IDBs 31
Drainage rates and special levies 31
Differential rates 32
Higher land water contribution (HLWC) from the
Environment Agency to the IDB 33
Additional funding 33
Environment Agency precept (from IDB to
Environment Agency) 33
5 Local authorities 35
Outline of powers – England and Wales 35
English district councils 36
English and Welsh county councils and unitary
authorities 39
The London authorities 42
Scottish local authorities 44
Northern Ireland local authorities 45
6 Riparian owners 47
Riparian rights and duties 47
Nuisance 51
Obstruction to flow – consent procedure 52
Disputes regarding ditches 52
Disputes between neighbours 52
Powers of entry 52
Problems regarding grant aid 52
Flooding emergencies 53
Artificial watercourses 53
Obstruction and flooding 54
7 Differentiation between land drainage and
sewerage 55
Difference between a public sewer and a
watercourse 55
Guidelines for differentiation 57
Definition of a public sewer 57
Tests to check the status of a public sewer 61
Transfer of Private Sewers Regulations 2011 61
Supplementary transfer scheme 62
8 Development either side of a watercourse 63
9 Extension of the ‘main river’ designation of
watercourses 69
10 Development planning and management 73
Introduction 73
England 73
Wales 73
Scotland 73
Northern Ireland 74
Planning procedures 74
Consideration of land drainage matters 78
Conditions for consent 78
Planning obligations 80
Requirement for information and advise 80
Requirements for works, agreements etc. 81
Further practical considerations 82
11 Development in flood plains 85
National Planning Policy Framework 86
Risk-based approach 87
Sequential test 88
Exception test 88
Responsibilities for developments in a flood plain 88
Planning policy – Northern Ireland 89
12 Roadside ditches 91
Ownership problems 91
Filling in or culverting 93
Powers of diversion 94
Culverts under highways 94
Acceptance of other flows 94
Drainage to existing sewers 95
Runoff onto highways 95
Right of statutory undertakers to discharge into a
ditch or watercourse 95
Ditches maintained by the highway authority 95
13 Culverted watercourses 97
Summary of problems 97
Control over culverting 97
Practical problems associated with culverting 99
Legal problems associated with culverting 100
14 Grants and contributions 103
Policy framework 103
Environment Agency funding 103
Lead local flood authority expenditure 103
Internal drainage boards 103
Legislation 105
Administration 105
Useful publications 106
Contributions 106
Devolved governments 107
15 Mining subsidence and land drainage 109
Principal statutes 109
Coal Mining subsidence Act 1991 110
Mining codes 112
Pollution of watercourses 112
16 Sea defence and coast protection 113
17 Land drainage and the environment 117
Introduction 117
Environmental obligations 117
Environmental impact assessment 122
18 Bibliography 129
Websites 129
Books, updated loose-leaf volumes, reports and
articles 129
Appendix 1 Relevant statutes, Statutory Instruments,
EC legislation and current Government
policy guidance to which reference is made 133
Appendix 2 List of cases to which reference is made 137
Appendix 3 Useful addresses 139
Index