Land drainage and flood defence responsibilities

Land drainage and flood defence responsibilities 4th
Acknowledgement ix
Preface xi
Abbreviations and definitions xiii
1 Outline of responsibilities and statutes 1
Scope of land drainage 1
General principles 2
Principal statutes 6
2 Government departments 10
Department for Environment, Food and Rural Affairs (Defra) 10
National Assembly for Wales (WA) 13
Scottich Government 14
3 Environement Agency 15
Supervisory duty 15
Surveying duty 16
Principal powers-main rivers and ordinary watercourses 17
Designation of main rivers 19
Powers to ensure maintenance of flow in watercourses 19
Powers to require repairs to watercourses, bridges etc. 20
Incidental powers 20
Directions to Internal Drainage Boards 21
Power to carry out schemes for small areas 21
Power to make byelaws 21
Flood warning systems 22
Tidal flooding and coastal erosion 22
Financing of land drainage functions 22
General aims and environmental duties 22
4 Internal Drainage Boards 24
Functions and constitution 24
The Land Drainage Act 1991 25
The Water Resources Act 1991 26
Financial arrangements for Internal Drainage Boards 26
5 Local authorities 28
Outline of powers 28
English district councils and unitary authorities and Welsh
unitary authorities 29
English country councils and unitary authorities 32
The London authorities 35
6 Riparian owners 37
Riparian rights and duties 37
Nuisance 41
Obstruction to flow – consent procedure 41
Disputes regarding ditches 42
Disputes between neighbours 42
Powers of entry 42
Problems regarding grant aid 42
Flooding emergencies 43
Artificial watercourses 43
Obstruction and flooding 44
7 Differentiation between land drainage and sewerage 45
Difference between a public sewer and a watercourse 45
Guidelines for differentiation 47
Definition of a public sewer 48
Tests to check the status of a public sewer 52
Future legislation 52
8 Development either side of a watercourse 54
9 Extension of the ‘main river’ designation of watercourses 58
10 Development planning and management 60
Planning procedures 60
Consideration of land drainage matters 65
Conditions for consent 65
Planning obligations 67
Requirement for information and advice 67
Requirements for works, agreements, etc 68
Further practical considerations 69
11 Development in floodplains 72
Planning Policy Statement 25: Development and Flood Risk
(PPS25) 74
Risk-based approach 74
Sequential test 75
Exception Test 76
Responsibilities for developments in the flood plain 76
12 Roadside ditches 78
Ownership problems 78
Filling in or culverting 80
Powers of diversion 81
Culverts under highways 81
Acceptance of other flows 82
Drainage to existing sewers 82
Run-off on to highways 82
Right of statutory undertakers to discharge into a ditch or
watercourse 82
Ditches maintained by a highway authority 83
13 Culverted watercourses 85
Summary of problems 85
Control over culverting 86
Practical problems associated with culverting 87
Legal problems associated with culverting 89
14 Grants and contributions 92
Policy framework 92
Environment Agency funding 92
Local authority expenditure 92
Internal Drainage Boards 92
Legislation 94
Administration 95
Useful publications 96
Contributions 96
15 Mining subsidence and land drainage 98
Principal statutes 98
Coal Mining Subsidence Act 1991 99
Mining Codes 101
Pollution of watercourses 102
16 Sea defence and coast protection 103
17 Land drainage and the environment 106
Introduction 106
Environmental obligations 106
Environmental Impact Assessment 110
18 Bibliography 120
Appendix 1 Relevant statutes, Statutory Instruments,
EU legislation and current Government
policy guidance to which reference is made 123
Appendix 2 List of cases to which reference is made 127
Appendix 3 Useful addresses 129