Land Drainage Consent
Under the Land Drainage Act 1991, Drainage Boards are responsible for overseeing land drainage within their district. This includes legal powers to manage, maintain, and improve watercourses (excluding Main Rivers). The Boards may also create Byelaws to regulate activities within 9 metres of any watercourse.
Key Requirements for Land Drainage Consent
Under Section 23 of the Land Drainage Act 1991, you need to obtain consent from the Internal Drainage Board (IDB) before starting any work that may:
- Alter or obstruct the flow of water in a watercourse.
- Take place within 9 metres of a watercourse.
- Be over, under, or introduce flow into a watercourse in the IDB area.
Work involving Main Rivers requires consent from the Environment Agency instead.
What is a watercourse?
A watercourse includes all rivers, streams, ditches, drains, culverts, sewers (excluding public sewers), and other passages through which water flows.
Types of works requiring consent
- Within the Watercourse:
- Works such as dams, weirs, sluices, culverts, and any obstruction to water flow.
- Above, below, or affecting the banks of the Watercourse:
- Includes pipe or wire crossings, excavation of banks or beds, and construction of outfalls, bridges, and other structures.
- Within 9 Metres of a Watercourse:
- Includes buildings, roads, fences, trees, and any structure affecting the 9M easement either side of a watercourse.
Application Process
- Access Culvert Application (for culverts under 8m)
- General Land Drainage Consent Application (for other works):
- Download the application form and follow the guidance.
- Complete the form and email it to LDC@somersetdbs.co.uk
- Ensure all necessary information is submitted for a complete application.
- Email forms to LDC@somersetdbs.co.uk.
- Alternatively, mail to: Somerset Drainage Boards Consortium Bradbury House 33-34 Market Street Highbridge, Somerset, TA9 3BW
The Board will review the application and issue an invoice for the applicable fees. Payment should only be made once the Board confirms the required information has been submitted.
- After payment and submission of a complete application, there is a 60-day consultation period.
- Incomplete applications may delay the process.
- Extensions may be granted under certain circumstances.
- Consent may be granted with conditions on how and when the work can proceed.
- If consent is denied or conditions seem unreasonable, you may appeal to an independent arbitrator.
- Failure to obtain consent is a criminal offense, with fines up to £5000, plus daily fines of £40 for ongoing contravention.
- The Board has the authority to take corrective action and recover related costs.
- Obtaining a Land Drainage Consent does not exempt you from needing other permissions or licenses required by law. It’s the applicant’s responsibility to ensure all necessary approvals are obtained from other authorities.