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Flood and Water Management Act 2010

Provisional designation notice:  procedure

114.Paragraph 7 provides that before a feature may be formally designated, the designating authority must first issue a provisional designation notice to the owner of the feature in question.

115.The provisional designation notice must provide important information about the provisional designation. As a minimum the notice must set out:

  • the feature in question;

  • the date from which the feature is provisionally designated;

  • why the feature is being provisionally designated;

  • how the owner of the feature may make representations to the designating authority in respect of the notice; and

  • the period in which representations may be made.

116.During the period of notice, the owner has the right to make representations to the designating authority on the provisional designation, which the authority must consider before confirming a designation by means of a designation notice.

117.However, because the provisions are designed to protect the flood and coastal erosion risk management properties of the feature in question (by preventing changes from being made that could affect its flood or coastal risk management properties), the feature is to be treated as though it has been formally designated for the duration of the period of notice.

118.This means that no alteration, removal or replacement of the feature may be made without the written consent of the designating authority. The designating authority may issue an enforcement notice in respect of a person that contravenes a provisional designation notice and it is an offence to fail to comply with an enforcement notice in respect of a provisional designation as it is for a final designation.

119.The designating authority may also cancel a provisional designation by issuing a notice to that effect.

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