Consequences of blocking a watercourse or not getting consent for works
Blockages of any kind, or restrictions to the flow of water via work within a watercourse or a lack of maintenance, can increase flood risk to not only the landowner immediately next to the blockage but also to landowners up or downstream.
Failure to obtain consent for works before they start or allowing a watercourse to remain blocked could place the riparian landowner in breach of the Land Drainage Act 1991. Landowners in breach of the Act are at risk of enforcement action being taken against them by either the Internal Drainage Board or East Sussex County Council as the Lead Local Flood Authority. As set out in Sections 23 – 27 of the Land Drainage Act 1991, riparian landowners that fail to address breaches of the Act may be subject to a summary conviction and liable to fines. The Internal Drainage Board and ESCC may also take actions to remedy the effect of the breach and recover expenses incurred by doing so. Further details into the Land Drainage Act 1991 can be found at Land Drainage Act 1991.
In addition, identified breaches of the Act will be recorded and may be reported to third parties via the CON29 enquiries process. Details of this process can be found here: CON29 Search | East Sussex County Council.
