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Land drainage consent
Under the Land
Drainage Act 1991, you will need the consent from Medway
Council or the Lower Medway Internal Drainage Board, or
Unitary/County council to construct or alter a culvert or flow
control structure (such as a weir) on any ordinary watercourse.
Some authorities also have their own byelaws.
What is an ordinary watercourse?
An ‘ordinary watercourse’ is defined as a
‘watercourse’ that is not ‘main river’. 'Main Rivers’ are
identified on the
Environment Agency Flood Map. The Environment Agency is
responsible for determining and issuing consents for works
affecting main rivers.
If you are unsure what the designation of a
watercourse is, email email@example.com
Who is the relevant authority?
The Lower Medway Internal Drainage
Board are responsible for determining and issuing consents
relating to works on ordinary watercourses within their
Medway Council are responsible for determining and issuing consents
relating to works on ordinary watercourses which are not within the
boundary of an Internal Drainage Board.
Applying for consent
It is essential that anyone who intends to
carry out works in, over, under or near an ordinary watercourse or
main river contacts the relevant authority to find out whether a
Land Drainage Consent is required before starting the work.
This is to ensure that any works do not endanger life or property
by increasing the risk of flooding or cause harm to the water
Contact us to discuss your
application in case formal consent is not required for your planned
works. For further advice that will help avoid
unnecessary delays phone us on 01634 33 33 33 or
We are not able to retrospectively consent
works that have been undertaken without prior consent. In
these cases we will normally take action to ensure that remedial
action is taken.
If you are planning works near, in, or over
water, refer to the Environment Agency’s
Pollution Prevention Guidelines 5, this guidance provides
advice on how to make sure your works protect the environment and
meets legal requirements, including waste management.