Section 23 Ordinary Watercourse Consent

Section 23 Ordinary Watercourse Land Drainage Consent

From the start of a development project, there needs to be thought put into how water is managed.

Under Section 23 of the land drainage framework, building new structures or altering existing channels without statutory approval can quickly derail a scheme. For instance, if the layout interacts with a ditch, stream or channel, you will need to obtain land drainage consent before any contractor steps foot on the development site.

With connections to a flood risk, drainage and water consultancy that has an in-depth understanding of all matters related to flooding, planning and the consenting process, 24Housing can guarantee that you get the support you need to secure Section 23 ordinary watercourse consent.

What are Section 23 Ordinary Watercourse Consents?

Ordinary watercourse consent (OWC) is a statutory authorisation needed before any operations that could disrupt or alter non-strategic water channels.

The main reason for the regulation is to safeguard the proper flow of surface run-off across catchments and actively reduce flood risk to present and surrounding neighbourhoods. The framework oversees any brand new artificial construction along with modifications to existing assets, including building bridges, constructing a culvert or covered channel, or modifying a historic mill dam.

The controls are mainly governed by the Land Drainage Act 1991, alongside the statutory obligations outlined in the Flood and Water Management Act 2010 and the Water Industry Act 1991. Under these laws, dealing with any relevant issues like obstruction to the flow of water needs direct approval from the relevant consenting authority, such as the lead local flood authority (LLFA) or an internal drainage board responsible for authorising consent.

When Section 23s Are Needed

You need consent whenever design proposals could cause a problem with natural surface drainage or affect the flow of an ordinary watercourse.

Landowners need to formally apply for consent if building works could change how water flows, create a physical restriction or cause unmanaged issues with water levels.

It would be crucial to get authorisation if the design is likely to restrict storage in the natural floodplain, degrade downstream water quality or have an adverse impact on aquatic biodiversity across sensitive and low-lying areas.

On top of that, you would need to get approval whenever building activities require a dry working area within an open channel. If you were to miss this step, planning projects could come to an immediate standstill, as an unconsented works notice will quickly halt site progress.

Consentable Activities

The decision of whether a development activity needs a Section 23 submission comes down to how it impacts channel capacity.

As a general rule of thumb, intrusive operations that block, divert or enclose a channel need formal permission, whereas non-restrictive jobs and upkeep usually wouldn’t.

If you want to know what would and wouldn’t require consent, check out the two lists below:

Consent Required

Specific operations always need prior consent to prevent surface water build-up, like:

• Altering, installing or removing an enclosed culvert or pipe designed to channel water.
• Building flow-control barriers, impoundments or structures like dams, weirs and raised sluice gates.
• Creating abutments or supports that narrow the cross-sectional area, effectively restricting flow.
• Fixing security grilles, headwalls or trash screens across a culvert inlet that could trap debris.
• Incorporating channel diversions, cofferdams, over-pumping setups and other such works that alter hydraulics and demand formal review.
• Making physical adjustments to an existing watercourse or drainage path, especially where operations sit within the channel.

Consent Not Required

Not all drainage-related tasks trigger a need for Section 23 submissions, such as:

• Adding new pipeline infrastructure into adopted public sewers, but with regulations under separate utility legislation.
• Carrying out catchment-wide interventions like natural flood management, as long as run-off continues to be unaffected.
• Erecting an aerial utility bridge or suspended pipe crossing clear of bank-top height.
• Initiating bank protection measures that stabilise edges without affecting the active water channel.
• Staging interventions alongside the designated main rivers or any tributary classified as part of a main river network. In this instance, a flood risk activity permit (FRAP) or historic flood defence consent from the Environment Agency (EA) would be needed instead of a Section 23, as permissions are not automatically classified under local council rules.
• Undertaking clearance, desilting or routine maintenance that returns a watercourse to its original state.

For more information on the certain types of restrictions enforced by your local council, it would be advisable to contact them directly or see if they display it somewhere online.

With local authorities like Surrey County Council and Derbyshire County Council, for example, a full list of activities that may require regulatory sign-off is published on their respective websites.

Support for Ordinary Watercourse Consent

Specialist flood risk consultancies offer a selection of dedicated services across every step of the consenting path to ensure that submissions for planning permission are able to successfully pass statutory scrutiny.

Pre-Application

By engaging with regulators early in the process, you can prevent costly design revisions later on.

With the help of pre-application advice, an engineer can inspect the drawings of the scheme, see if the layout needs a separate consent alongside other consents, and determine if the construction could be classed as potentially damaging work.

At the preliminary phase, consultants conduct targeted site visits to inspect bank profiles, evaluate viable alternatives, and consult with any neighbouring riparian owner.

The assessment is compiled into an advice letter setting out the evidence needed for a compliant planning submission, including the adequate mitigation measures needed to protect local habitats.

Application Process

When it comes to putting your OWC application together, specialist drainage consultants handle all of the heavy lifting to make sure that the planning proposal won’t increase flood risk.

The flood risk, drainage and water expert will produce the necessary supporting documents, calculate discharge rates with the help of hydraulic modelling, and make sure that the design details align with relevant nature conservation policies.

In addition to that, our partners will also ensure that your statutory application form is completed correctly against local council guidance notes, submitting it alongside the correct fee of £50 per structure, usually under a simple process completed by credit or debit card.

As a review can take up to two months and approval is never automatically granted, the input of an expert to manage the full consent application avoids costly refusals for insufficient information while keeping the submission completely aligned with your overall planning permission.

Non-Compliance and Appeals

Moving ahead with site operations without consent is only likely to bring about serious legal consequences. Under the Land Drainage Act 1991, it is a criminal offence to erect unapproved structures inside a channel, opening the door to possible prosecution and a further fine.

Whenever breaches of the law happen, the lead local flood authority (LLFA) will start enforcement action. The officers could issue legal notices insisting on the landowner taking immediate action to rectify unlawful work or channel restrictions.

If a site owner fails to comply, the authority has statutory powers to undertake direct remedial action and bill the landowner for the complete expense.

Under narrow conditions, an unapproved build may be retrospectively consented, but obtaining retrospective consent isn’t guaranteed. Legal guidelines advise that securing written consent before you have begun construction is far simpler and much less risky.

If an application is turned down or approval has been unreasonably withheld without a valid reason, your drainage consultant can mount a formal appeal under Section 23.

Speak to 24Housing About a Referral

The team at 24Housing connects clients directly with vetted and independent water management specialists, with a view to making sure that you’re fully aware of your statutory duties before starting work.

Our partner for flood risk, water and drainage can evaluate your proposed works and structures to see if a culvert, headwall, bridge abutment or other structure restricts the channel.

Even if your changes aren’t permanent, unmanaged temporary works can alter water movement and trigger a need for enforcement.

With an effective risk management strategy to support your scheme, our partners break down what local rules and every environmental regulation consists of, helping you to smoothly obtain consent without avoidable project setbacks.

Message or Call Our Team

Attempting to undertake works without prior approval can lead to severe fines and immediate stop notices for any of the works carried out on your land.

Please note that 24Housing doesn’t conduct flood risk, water and drainage work directly. Instead, we refer to a team we trust and have worked with for years.

To make sure that you can secure formal consent for works undertaken on your site, get in touch with our team today for a high-quality referral.

You can request a free quote by emailing us, calling us or filling out a contact form on our website, including as much information as possible.

We will refer you straight to an accredited specialist, who will liaise with regulators and secure the necessary consent from the lead local flood authority (LLFA) on your behalf.