Land Drainage Consent (Ordinary Watercourses)
You may need Land Drainage Consent before carrying out works in, over, under or adjacent to an ordinary watercourse. Contact the Flood Risk Management Team if you are unsure whether consent is required.
Land Drainage Consent is required for certain works affecting an ordinary watercourse. If you are planning works in or near a watercourse, you should check whether consent is needed before work begins. The purpose of the consent process is to ensure that works do not increase flood risk, restrict water flows or adversely affect the operation of the drainage network.
Obtaining planning permission does not remove the requirement to secure any separate land drainage consents or environmental permits that may be needed before works commence.
Ordinary watercourse
An ordinary watercourse is any watercourse that is not designated as a Main River. This can include ditches, drains, streams, culverts and channels that convey water through the city. Ordinary watercourses form an important part of Hull’s drainage network and help manage surface water and flood risk by storing and conveying water through the city.
You can check whether a watercourse is within the Council’s remit using the flood risk asset map (appendix 5).
When consent is required
Under Section 23 of the Land Drainage Act 1991, consent may be required for works that could affect the flow of an ordinary watercourse. This may include -
- constructing a new culvert
- extending, altering or replacing an existing culvert
- installing a weir, dam, headwall or other structure within a watercourse
- altering, obstructing or diverting the flow of a watercourse
- carrying out works that could affect the capacity of a watercourse to convey water
Works undertaken without the necessary consent may be subject to enforcement action. This may include requiring the removal or alteration of unauthorised structures at the owner's expense.
Land Drainage Consent must be obtained before works commence. The Council cannot guarantee that retrospective consent will be granted for unauthorised works.
Applying for consent
Applications must include enough information for the Council to assess the impact of the proposed works on flood risk and the drainage network. Depending on the nature of the proposal, applicants may be required to provide -
- location plans and site layouts
- engineering drawings and cross-sections
- hydraulic calculations
- details of construction methods
- maintenance arrangements for the completed works
Early discussion with the council is encouraged to help identify any drainage requirements and reduce delays during the application process.
Under the Land Drainage Act 1991, the Council has up to two months to determine an application from the date a valid application and all supporting information are received.
Depending on the location and nature of the works, seasonal restrictions may apply. The Flood Risk Management Team will advise applicants where timing constraints need to be considered.
Applications for Land Drainage Consent are subject to a statutory fee. Details of the applicable fee will be provided when submitting your application.
To discuss a proposal or request an application form, contact the Flood Risk Management Team at flood.risk@hullcc.gov.uk.
The Flood Risk Management Team will assess whether the proposed works would -
- increase flood risk
- restrict water flows
- affect maintenance access
- adversely impact the operation of the drainage network
Riparian owners
A riparian owner is a person who owns land adjoining or containing a watercourse. As a riparian owner, you are responsible for maintaining the bed and banks of the watercourse and ensuring that water can flow freely through it. This includes keeping the channel clear of obstructions, managing vegetation and maintaining any structures that you own.
Being a riparian owner does not automatically permit you to alter a watercourse. If proposed works affect the flow of water in an ordinary watercourse, Land Drainage Consent may still be required, even where the works are being undertaken on land you own.
Riparian ownership responsibilities apply regardless of whether the watercourse is open or culverted.
Further information on riparian ownership rights and responsibilities can be found in the Environment Agency's Owning a Watercourse guidance.
Further information
Depending on the location and nature of the proposed works, additional approvals may be required from other organisations. Where works affect a Main River, flood defence or sea defence, applicants may need a Flood Risk Activity Permit from the Environment Agency. Land Drainage Consent issued by Hull City Council does not remove the need to obtain any separate permits, consents or approvals that may be required. Check the designation of a watercourse using the Environment Agency’s statutory Main River Map.
Contact us
For advice on whether consent is required, to discuss a proposal or to request an application form, contact the Flood Risk Management Team at flood.risk@hullcc.gov.uk.