Guidance notes for Ordinary Watercourse Land Drainage Consent

Introduction

Please read through these guidance notes and the application form carefully before you fill the form in. If you are unsure about anything in these guidance notes, contact the Lead Local Flood Authority (LLFA) on email: LLFA@stockton.gov.uk.

These guidance notes give you information to help you complete your application for Ordinary Watercourse Land Drainage Consent.

Before completing this form you are recommended to contact us for advice on your proposal. Under the Land Drainage Act 1991, you need consent if you want to build a culvert or structure (such as a weir) to control the flow of water on any ordinary watercourse, or carry out temporary works which may impact upon an ordinary watercourse.

There is a charge of £50 for each activity (structure or operation) for applications made under the Land Drainage Act.

Applicant details

Complete this section with your name, contact information, and address.

Are you the landowner where the works will be carried out?

If you are applying as the landowner:

• you will be given the option to select yourself as the main point of contact for the application, or provide the details for someone else
• if there is an alternative contact you will be asked to provide details of their role, the company they work for and their contact details

If you are applying, but are not the landowner:

• you will be asked to provide the landowner's name and contact details
• you will also be asked who you wish to be the main point of contact, the applicant, the landowner or an alternative person
• you will be asked to provide details of your interest in the land, for example, are you a tenant, an agent, or contractor. If any work will be undertaken on land that you do not own, you will need permission from whoever owns the land

Project details

Location

Please provide:

• the 12 digit National Grid Reference for the site
• a written description of the site location
• the name of the watercourse (if known)

Work type

Please note whether you are applying for a:

• temporary consent, where the watercourse will be restored to its original condition following the works
• permanent consent where the watercourse will be permanently changed as a result of the works
• both temporary and permanent consents

Where 'Temporary' or 'Both' are selected, you will be requested to provide the approximate duration of the temporary works, for example, 3 weeks.

Proposed work

Please provide a written description of the proposed works including as much detail as possible, including the purpose of the works. For example:

The proposed works involve constructing a new 600 diameter culvert to facilitate a new adopted highway over an ordinary watercourse. The proposed works include damming of the watercourse and over pumping during construction of the new culvert.

In this example, both a permanent (new culvert) and temporary (damming and over pumping) land drainage consent is required.

Activities

Please identify how many activities you are proposing to undertake, for example, one temporary consent and one permanent consent would constitute 2 activities. There is an application fee of £50 per activity for Land Drainage Consent which is non-refundable. The application will not be considered by the LLFA until the correct fee has been paid.

Start date

Please provide the expected start date for construction.

Environment Agency

Do the proposed works involve or affect any of the following:

• impounding (holding back a watercourse)
• abstracting (removing) water
• fish or fisheries
• disposing of waste material
• water quality

If 'No' please proceed to the next question.

If 'Yes' you may require extra licenses or consents from the Environment Agency, which may impact on your proposals and timescales for undertaking any works. As part of your Land Drainage Consent Application, evidence must be uploaded showing the Environment Agency raise no objections to the proposals where impounding, abstracting water or disposing of waste materials are involved, or where fish or fisheries and water quality may be affected.

Environment

Please summarise details of the effect the work will have on the environment, this should include details or any restoration, improvements and compensation activities.

We have a legal duty to protect and improve the environment, so we must consider the environmental effects of your proposal. You must carry out an environmental appraisal to assess the effects of your work.

Planning

Have the proposed works been given planning permission, if your answer is 'Yes' you will be required to submit the details including the planning application number and date of approval.

Construction contact

Please indicate who will be responsible for the watercourse and structures during the construction period. The applicant, landowner or an alternative person can be selected.

Where an alternative person such as a Contractor is chosen you will be requested to provide their company and contact details.

Completion contact

Please indicate who will be responsible for the watercourse and structures once the works are complete. The applicant, landowner or an alternative person can be selected.

Where an alternative person is chosen you will be requested to provide their company and contact details. For example, this may be a Contractor or Maintenance Company.

Supporting information

Supporting documents can now be uploaded to the application, this must include the following. All documents uploaded should be clearly named, not just reference numbers to enable easy review by the LLFA.

Location plan

Files: 1 file, max 10MB

Requirements: A plan at an appropriate scale and based on an Ordnance Survey map. It must clearly show the location of the site and include general features and street names. It must also identify the watercourse or other bodies of water in the surrounding area

Site plan and general arrangement

Files: Up to 3 files, max 10MB each

Requirements: A plan at an appropriate scale which should include the following:

• existing site layout, including the watercourse
• details of existing site features such as trees, shrubs, hedgerows, pond or wetland areas that may be affected by the proposed works
• the proposals, including the position of any structure which may influence local river hydraulics (such as bridges, pips and ducts, ways of crossing the watercourse, culverts and screens; embankments, walls, outfalls, existing fish passes or structures intended to allow fish to pass upstream and downstream)

Environmental and ecological reports

Files: Up to 3 files, max 10MB each

Requirements: An environmental appraisal to assess the effects of the proposals and should identify all likely effects on the environment. Include any specific measures planned to keep disruption to a minimum and reduce any unwanted effects during construction.

Method statement

Files: Up to 3 files, max 10MB each

Requirements: Should include a programme of works, details of construction methods, any proposed temporary works, management of flood risk during construction, pollution protection arising from the construction works and how issues associated with flora and fauna will be managed.

Cross section drawings

Files: Up to 3 files, max 10MB each

Requirements: Where works encroach into any watercourse, cross sections both upstream and downstream of the proposed works should be provided. Cross sections should be drawn as if looking downstream on the watercourse and should include details of existing and proposed features and water levels.

Longitudinal section drawings

Files: Up to 3 files, max 10MB each

Requirements: Longitudinal sections taken along the centre line of the watercourse are required. These must show the existing and proposed features, including water levels, bed levels and structures. They should extend both upstream and downstream of the proposed works.

Detailed dawings for permanent and or temporary works

Files: Up to 3 files, max 10MB each

Drawings to demonstrate the details of the proposals including:

• scaled drawings, with dimensions
• proposed materials and construction techniques to be used
• the location of any existing and proposed service pipes or cables
• details of any tree, shrub, hedgerow, pond or wetland area that may be affected by the proposed works
• details of any dam and weirs - a plan showing the extent of the water impounded (held back) under normal and flood conditions so that we can assess the possible effect on land next to the river
• any land drains to be affected
• details of reinstatement works to be undertaken on completion, such as new planting and grass seeding

Land ownership document

Files: Up to 3 files, max 10MB each

Requirements: Ownership documents, showing land ownership and ownership of existing and proposed assets.

Photographs of the site

Files: Up to 3 files, max 10MB each

Requirements: 

Optional - photographs of the site are optional but useful to provide greater understanding of the site for the LLFA and consultees.

If you wish to provide numerous photographs please combine these into a single Adobe pdf, or Microsoft Word document.

As part of the Commencement Notice 'Before and After' photographs of the works area will be required.

Additional Uploads

Files: Up to 3 files, max 10MB each

Requirements: Further uploads may be added in this section, if required.

Review your answers

You will now get the chance to review all your answers, please check your responses carefully to ensure you have provided an accurate and sufficiently detailed application.

Declaration

You will now be required to sign off and submit your application for Land Drainage Consent in accordance with the Land Drainage Act 1991 Section 23. By signing this section you are declaring that the information you have provided, and any supporting documents, are accurate. We will not accept any application that is not signed.

The required application fee is now generated at the bottom of the page.

Payment

You will then be transferred to the payment page, where the application fee can be paid by Credit or Debit Card to Stockton-on-Tees Borough Council Lead Local Flood Authority.

Determination of the application

The application will be determined within an 8 week period to enable the LLFA and consultees to fully consider the application. The service will contact you within 28 days of your application being submitted, to confirm consideration of the application and advise of a decision date.

What happens next

The LLFA will review the submitted information and consult with Natural England, the Tees Valley Wildlife Trust and any necessary neighbouring authorities or the Environment Agency. You may be contacted by the LLFA if any clarifications or further information is required to assist in determining the application.

If successful, you will be issued with the following documents:

• Land Drainage Consent, including any conditions applied by the LLFA
• 'Notification of Commencement of Consented Works' form to be completed and returned to the LLFA at least 7 days prior to commencement of any works on site
• 'Notification of Completion of Consented Works' to be completed and returned to the LLFA on completion of the site works

If you have any queries or need help filling in this form, please contact the LLFA on email: LLFA@stockton.gov.uk.