Do I need consent to undertake work and who do I get it from?
Anyone proposing to undertake work on or next to a watercourse that could impact the flow of water may require consent from the relevant risk management authority. This consent is separate to any other permissions granted, and must be obtained in addition to any planning permission granted etc.
It is also important to note that these permissions cannot be granted retrospectively and failure to obtain consent prior to undertaking work may place the riparian landowner in breach of the Land Drainage Act 1991.
Who you need consent from is based on both the classification of the watercourse and the location of the works.
Main Rivers
For Main Rivers you may need consent from the Environment Agency.
You can check if a watercourse is a Main River using the Statutory Main River Map.
Details on when consent from the Environment Agency is required, the types of permits available, and the application process are available online at: Flood risk activities: environmental permits - GOV.UK.
Ordinary Watercourses
If a watercourse is not Main River, it is considered an Ordinary Watercourse, and you may require consent from the Lead Local Flood Authority (ESCC) or an Internal Drainage Board.
You can check if the works are located within an Internal Drainage Board area using the Internal Drainage Boards Map - Association of Drainage Authorities.
If the works are on an ordinary watercourse and are not located within an Internal Drainage Board area, then consent will need to be obtained from the Lead Local Flood Authority. In East Sussex this is East Sussex County Council.
