Ordinary Watercourse Consent
You must follow the Ordinary Watercourse Consenting rules if you want to do work on or near an ordinary watercourse. Failure to obtain a consent may place riparian landowners in breach of the Land Drainage Act 1991 and at risk of enforcement action.
Ordinary watercourse consent cannot be granted retrospectively and must be obtained before any works associated with the consent begins. Any work undertaken prior to consent being granted may be considered a breach of the Land Drainage Act 1991 and subject to possible enforcement action.
Consenting authorities
In East Sussex there are two (2) consenting authorities and you should check which authority you need to apply to before making an application.
- East Sussex County Council manage applications in all areas within the county boundary except for the areas covered by the Water Level Management Board.
- Pevensey and Cuckmere Water Level Management Board manage applications within their district boundary.
You can check whether the watercourse you wish to work on is located within the Board’s District using their boundary map, available on their website:
Mapping - Water Management Alliance : Water Management Alliance
The Pevensey and Cuckmere Water Level Management Board have their own application forms and whilst their approach is broadly the same as ours the information required may differ to those outlined here. Details of how to apply for consent from the Board can be found on their website: Development & Consent - Water Management Alliance : Water Management Alliance.
Works and activities that do require consent
All permanent and/or temporary works that could impact the flow of water within the watercourse, including:
- Changes to an existing culvert (pipe) including but not limited to:
- Replacement of pipe.
- Alterations in length.
- Alterations in pipe diameter.
- Changes to an existing channel including but not limited to:
- Rerouting.
- Realignment.
- Removal.
- Culverting.
- Introduction of any new structure that extends into the channel or culvert including but not limited to:
- Bridges.
- Weirs.
- Headwalls.
- Pipe/services crossing.
- Erosion protection.
- Natural flood management or nature based solutions which impact the flow of water including:
- Leaky dams/barriers.
- Flow spreaders.
- Gulley stuffing.
- Introduction or changes to a structure designed to contain or divert flood water.
- Dredging, raising, or removing any material (this does not include desilting works where material is removed only to the natural bed level of the channel).
- Pre-planned emergency response activities (such as planning to use a temporary freestanding barrier in a set location when a flood warning is issued).
Works and activities that do not require consent
Any permanent and/or temporary works that do not impact the flow of water within the watercourse, including:
- Outfalls where the headwall does not extend beyond the existing profile of the bank.
- Use of ladders and scaffolding towers, so long as the use of them does not increase flood risk and they are removed at the end of each day.
- Services/pipes crossing a watercourse when within an existing structure.
- Minor works for highways or rights of way on or near bridges and culverts, so long as:
- The work does not affect the riverbed, banks, water level or flow of within the watercourse (including flood flows).
- The work is not undertaken from within a watercourse.
- Post and rail fencing or wire fencing within 5 meters of the top of the bank but not on the bank or within the watercourse channel.
- If post and wire fencing is used, it must be either wire strands or at least 100mm spaced mesh.
- General maintenance to the watercourse, including:
- Desilting (with no changes to the channel profile).
- Removal of debris or blockages.
- Vegetation clearance.
If you are unsure if your work requires ordinary watercourse consent, please contact Watercourse.Consenting@eastsussex.gov.uk.
Ordinary Watercourse consent for Natural Flood Management/Nature Based Solutions
The ordinary watercourse consenting process has previously focused on assessing and understanding the impacts of traditional civil engineering features within watercourses.
This Natural Flood Management (NFM) specific process considers the nature and principles of the NFM approach, the wider considerations of such projects such as biodiversity and the general approach of utilising multiple interlinked elements to achieve a project’s goal.
The approach East Sussex County Council utilises is based on:
- technical guidance published in the CIRIA National Flood Management Manual, 2002,
- consultation with other local consenting authorities, and
- consultation with non-governmental organisations working to install NFM within East Sussex.
Guidance on the approach and how to complete the OWC for NFM application form is set out in our guidance note available to download here: **link to guidance note**
Application Fees
Applications will be charged at £50 per intervention, and the fee will be confirmed as part of an application’s validation process.
Applying for Consent
To apply for ordinary watercourse consent for natural flood management measures please submit a completed OWC for NFM application form alongside all necessary supporting documents to watercourse.consenting@eastsussex.gov.uk .
ESCC OWC For NFM Application Form [240.9 KB] [docx]
Timeline of Applications
Following submission of an application a member of the Flood Risk Management team will review the information submitted and calculate the application fee. A confirmation email, with details on how to pay the fee will then be provided to the applicant.
Please be advised that applicants will have 30-days from receipt of the payment request email to make payment. Non-payment will result in the application being closed and a new application will need to be made should the applicant wish to proceed.
An application will not be considered valid until payment has been made and confirmation of payment received by the Flood Risk Management team.
Applicants are advised that we have 60-days from validation to determine an application. Applying for consent does not guarantee approval.
We aim to provide response to an application as soon as possible and applications will be reviewed in the order they are received. As such, response times will vary, especially during busier periods. We therefore advise applicants to ensure sufficient time is allowed for the application process prior to project start dates as any work prior to consent being granted cannot be consented.
Ordinary Watercourse Consent for civil/hard engineering features
Application Fees
Applications will be charged at £50 per structure, and the fee will be confirmed as part of an application’s validation process.
Applying for Consent
To apply for ordinary watercourse consent please submit a completed application form alongside all necessary supporting documents to watercourse.consenting@eastsussex.gov.uk
ESCC OWC For Civils Application Form [275.9 KB] [docx]
Timeline of Applications
Following submission of an application a member of the Flood Risk Management team will review the information submitted and calculate the application fee. A confirmation email, with details on how to pay the fee will then be provided to the applicant.
Please be advised that applicants will have 30-days from receipt of the payment request email to make payment. Non-payment will result in the application being closed and a new application will need to be made should the applicant wish to proceed.
An application will not be considered valid until payment has been made and confirmation of payment received by the Flood Risk Management team.
Applicants are advised that we have 60-days from validation to determine whether an application can be granted, and application for consent does not guarantee approval.
We aim to provide response to an application as soon as possible and applications will be reviewed in the order they are received. As such, response times will vary, especially during busier periods. We therefore advise applicants to ensure sufficient time is allowed for the application process prior to project start dates as any work prior to consent being granted cannot be consented.
