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Land Drainage

Principal Legislation

Environment Act 1995

Section 6: Imposes a duty on the Environment Agency (Agency) to exercise a general supervision over all matters relating to flood defence, which includes the drainage of land.

Water Resources Act 1991

Section 107: Defines the permissive powers which are available to the Agency in respect of main rivers, and deals with maintenance, improvement works and construction.

Section 109: Gives power to the Agency, to control the erection, alteration and repair of structures in, over or under main rivers.

Section 165: Gives powers to the Agency, in connection with main rivers and for the purpose of defence against sea water or tidal water, to maintain and improve existing works and construct new works.

Land Drainage Act 1991

Section 14: Confers powers on District Councils, amongst others, of the same kind as those given to the Agency and the Internal Drainage Boards (IDBS) in relation to the prevention, mitigation and remedying of flood damage. It gives District Councils powers to maintain and improve existing 'ordinary' watercourses and to construct new works.

Section 25: Gives powers to District Councils, amongst others, to enable them to serve notice on persons requiring them to carry out necessary works to maintain the flow of 'ordinary' watercourses.

Section 17 and Section 26: Require a District Council, amongst others, to obtain the consent of the Agency before the exercising of any of the powers listed above.

Section 66: Enables a District Council, amongst others, to make byelaws to secure the efficient working of the drainage system in its area.

Land Drainage Act 1994

Sets out the environmental obligations of local authorities.

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Public Health Act 1936

Section 259: Confers on local authorities statutory nuisance powers concerning a polluted pool, pond, ditch, gutter or watercourse which causes a nuisance or gives rise to conditions prejudicial to health.

Section 260: Confers similar powers to deal with problems resulting from drainage, filth, stagnant water or matter which is likely to be prejudicial to health. Powers are conferred to execute works, including maintenance or improvement works.

Section 262: Enables local authorities to require developers to culvert watercourses or ditches on or abutting land they are intending to lay out for building.

Section 263: Prohibits the culverting of watercourses and ditches except in accordance with plans and sections to be submitted to and approved by the Local Authority.

Section 264: Enables local authorities to require a landowner to repair, maintain and cleanse culverts in watercourses in, on or under this land.

Local Government Act 1972

Section 138: Enables a Council to incur expenditure to avert, alleviate or eradicate the effects or potential effects of any emergency or disaster but not to carry out works on main river.

Town & Country Planning Act 1990

Section 106: Enables an obligation to be sought in which the developer undertakes to pay for the necessary drainage improvements before planning permission is granted for major development which will increase the run-off into a watercourse prone to flooding.

Coast Protection Act 1949

The responsibility - by the sea (s49): The responsibility for coast protection work is entrusted to "coast protection authorities", which are district or unitary councils, by the Coast Protection Act 1949. Coast protection work means work of construction, alteration, improvement, repair, maintenance, demolition or removal for the purpose of protecting land against erosion or encroachment by the sea (s 49).

For further information refer to: "Land Drainage and Flood Defence Responsibilities 3rd Edition Institution of Civil Engineers.

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