LAKENHEATH INTERNAL DRAINAGE BOARD
CONSENT FORM NOTES
INTRODUCTION
Correct waterflow, level control and drainage within the District is the responsibility of the Board. In order to carry out our role successfully it is essential that anyone who intends carrying out works in or on a watercourse which may obstruct, impede or increase the rate of the flow or introduces water into the District obtains our consent before starting the work. The reason for this is to ensure that any works do not endanger life or damage property by increasing the risk of flooding or impede drainage.
Please note when making an application it is essential to fill in the application form accurately and for any accompanying information including drawings, maps and calculations submitted to be clear. In order to ensure that proper details are submitted you may wish to discuss the information required with our Engineer before you make your formal application.
The Authority’s consent is given solely on watercourse shape, flow, drainage implication, environmental and flood defence criteria and should not be regarded by the applicant as in any way approving the design and soundness of the proposed structure other than in relation to its impact on flows and their effects in the watercourse and its floodplain.
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For your information the legal provisions read as follows:-
SECTION 23 CONSENTS
Section 23 of the Land Drainage Act 1991 provides:-
“No person shall:
a) erect any mill dam, weir or other like obstruction to the flow of any watercourse or raise or otherwise alter any such obstruction;
b) erect any culvert that would be likely to affect the flow of any watercourse or alter any culvert in a manner that would be likely to affect any such flow.
without the consent in writing of the drainage authority concerned.”
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BYELAW CONSENTS
The byelaws include a number of restrictions (inter alia):-
17(d) erect or construct or cause or permit to be erected or constructed any fence, post, pylon, wall, wharf, jetty, pier, quay, bridge, loading stage, piling, groyne, revetment or any other building or structure whatsoever in, over or across any watercourse or in or on any bank thereof.
APPLICATION CHARGE
We are authorised by Section 23 (2) to charge an application fee in relation to the consents required. These fees are payable to cover our costs for examining the proposals and the amount of the fee is £50 for each application for consent for each structure.
You should note that this charge is payable in respect of each structure and the box on the application form should be completed as appropriate.
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HOW TO OBTAIN A CONSENT
When you have fully completed your application form please sent it in duplicate with the appropriate fee and documents to our Engineer’s office (address below).
If the applicant is a company the address given should be that of the registered office of the company.
If the applicant is a firm and not a registered company the full names and addresses of all the partners should be given together with the address from which the firm trades.
Upon receipt of a full and proper application we have two months in which to grant or refuse a consent. We are legally obliged to grant consent to reasonable proposals which will not endanger the flow of the watercourse or possibly cause any additional risk or flooding or impede drainage.
You should be aware that we now have a duty under Section 8 of the Water Act 1989 to refuse consent if the works proposed might prove detrimental to the environment. Also, under the terms of the Land Drainage Act 1991, we have to give due regard for the interests of fisheries.
If you receive no notification either refusing or consenting the proposed works within two months of the receipt by us of a full and proper application then we are deemed to have consented to it.
You can be given further information and details of any exemptions which apply under Section 23 on request.
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RIGHT OF APPEAL
If you believe a consent (under Section 23) has been unreasonably withheld then you have the right to appeal.
Under Section 23 (5) if agreement cannot be reached between us an arbitrator will be appointed to settle the matter.
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FAILURE TO APPLY FOR A CONSENT
If works are executed without first obtaining a formal written consent from us we have the power to serve a notice requiring you to abate the nuisance within a specified time. Should you fail to comply with the notice then we can take the matter to Court whereupon
a fine not exceeding £2,000 may be imposed. Any further failure to comply may result in an additional fine not exceeding £100 per day for every day during which your default continues.
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OTHER CONSENTS
PLEASE NOTE THE FOLLOWING:-
THIRD PARTIES
If the consent or approval of a third party is required before you are able to carry out any works proposed, please submit documentary evidence of this approval together with your application.
You may also require further consents from the N.R.A. under the Flood Defence Byelaws, the Water Resources Act 1963 (for impounding). If in any doubt please contact our Engineer’s office.
Engineer to the Board,
The Drainage Office,
Main Street,
Prickwillow,
Nr Ely,
Cambridgeshire,
CB7 4UN
Tel. (01353) 688296