29. The following provisions of this Part of this Schedule apply for the protection of the drainage authority unless otherwise agreed between the undertaker and the drainage authority.E+W
Commencement Information
I1Sch. 9 para. 29 in force at 6.6.2022, see art. 1
30. In this Part of this Schedule—E+W
“construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;
“drainage authority” means in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991(1);
“drainage work” means in relation to any key watercourse and includes any land which is expected to provide flood storage capacity for a key watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence in connection with a key watercourse;
“key watercourse” means any of the following ordinary watercourses—
| Ordinary watercourse to be regarded as a key watercourse | Ordnance Survey coordinates of ordinary watercourse to be regarded as a key watercourse |
|---|---|
| existing ditch 1 | TQ 56608 92369 to TQ 56429 92244 |
| existing ditch 2 | TQ 56427 92408 to TQ 56438 92260 |
| existing ditch 3 | TQ 56593 92504 to TQ 56444 92744 |
| existing ditch 4 | TQ 56442 92747 to TQ 56255 92665 |
| existing ditch 5 | TQ 56339 92531 to TQ 56289 92673 |
| existing ditch 6 | TQ 56243 92551 to TQ 56273 92556 |
| existing ditch 7 | TQ 56202 92680 to TQ 56255 92558 |
| existing ditch 8 | TQ 56216 92637 to TQ 56229 92642 |
| existing ditch 9 | TQ 56192 93002 to TQ 56284 92682 |
| existing ditch 10 | TQ 56264 93010 to TQ 56193 93002 |
| existing ditch 11 | TQ 56192 93140 to TQ 56174 93104 |
| existing ditch 12 | TQ 56078 93264 to TQ 56098 93223 |
and in each case includes any land or area which is being used or is expected to be used to provide temporary or permanent flood storage capacity or relief for the watercourse and any bank, wall, embankment or other structure, or any appliance constructed or used for land drainage or flood defence in connection with the watercourse;
“ordinary watercourse” has the same meaning as given in section 72 (interpretation) of the Land Drainage Act 1991(2);
“plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments and method statements; and
“specified work” means any of the following works carried out in relation to any ordinary watercourse—
erecting any mill dam, weir or other similar obstruction to the flow of the watercourse, or raising or otherwise altering any such obstruction;
the construction or alteration of a bridge or other structure;
erecting a culvert in the watercourse; or
altering a culvert in a manner that would be likely to affect the flow of the watercourse.
Commencement Information
I2Sch. 9 para. 30 in force at 6.6.2022, see art. 1
31.—(1) Before beginning to construct any specified work in relation to a key watercourse, the undertaker must submit to the drainage authority plans of the work, and such further particulars available to the undertaker as the drainage authority may within 14 days of the first submission of the plans reasonably require.E+W
(2) On receipt of the plans submitted under sub-paragraph (1) the drainage authority may within 14 days of the first submission of the plans—
(a)request such further particulars as the drainage authority may reasonably require; or
(b)request up to a further 14 days in which to review the plans to identify if any further particulars are required.
(3) Any such specified work in relation to a key watercourse must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority, or determined under paragraph 35.
(4) Any approval of the drainage authority required under this paragraph—
(a)must not be unreasonably withheld or delayed;
(b)is to be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval or submission of further particulars (where required by the drainage authority under sub-paragraph (1), whichever is the later; and
(c)may be given subject to such reasonable requirements or conditions as the drainage authority may make for the protection of any key watercourse or for the prevention of flooding.
(5) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.
Commencement Information
I3Sch. 9 para. 31 in force at 6.6.2022, see art. 1
32. The requirements or conditions which the drainage authority may make under paragraph 31 include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or) as are reasonably necessary—E+W
(a)to safeguard any key watercourse against damage; or
(b)to secure that the efficiency of any key watercourse for flood defence or land drainage purposes is not impaired and that the risk of flooding is not otherwise increased, by reason of the specified work in relation to a key watercourse.
Commencement Information
I4Sch. 9 para. 32 in force at 6.6.2022, see art. 1
33.—(1) Any specified work in relation to a key watercourse, and all protective works required by the drainage authority under paragraph 32, must be constructed to the reasonable satisfaction of the drainage authority and an officer of the drainage authority is entitled on giving such notice as may be reasonable in the circumstances, to inspect and watch the construction of such works.E+W
(2) The undertaker must give to the drainage authority not less than 14 days’ notice of its intention to commence construction of any specified work in relation to a key watercourse and the undertaker must give to the drainage authority notice of completion of a specified work in relation to a key watercourse not later than 7 days after the date on which it is brought into use.
(3) If any part of the works comprising a structure in, over or under a key watercourse is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice require the undertaker at its own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is agreed, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.
(4) Subject to sub-paragraph (5), if within a reasonable period, being not less than 14 days from the date when a notice under sub-paragraph (3) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any expenditure reasonably incurred by it in so doing is to be recoverable from the undertaker.
(5) In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not, except in an emergency, exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined in accordance with paragraph 36.
Commencement Information
I5Sch. 9 para. 33 in force at 6.6.2022, see art. 1
34.—(1) Subject to sub-paragraph (6), from the commencement of the construction of any specified work until the date falling 12 months from the date of completion of the specified work (“the maintenance period”), the undertaker must maintain in good repair and condition and free from obstruction the drainage work which is situated within the limits of deviation for that specified work and on land held by the undertaker for the purposes or in connection with the specified work, whether the drainage work is constructed under the powers conferred by this Order or is already in existence.E+W
(2) Upon the expiry of the maintenance period, the drainage work must be maintained by the highway authority for the highway to which the specified work relates.
(3) If any such drainage work is not maintained to the reasonable satisfaction of the drainage authority it may by notice require the person liable for maintenance of the drainage work to maintain the drainage work, or any part of it, to such extent as the drainage authority reasonably requires.
(4) If, within a reasonable period being not less than 14 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (3) on the person liable for maintenance, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the person liable for maintenance.
(5) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (3), the drainage authority must not except in a case of emergency exercise the powers of sub-paragraph (4) until the dispute has been finally determined in accordance with paragraph 36.
(6) This paragraph does not apply to—
(a)drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and
(b)any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule provided that any obstruction is removed as soon as reasonably practicable.
(7) Subject to paragraphs 34(6)(b) and 36, if by reason of the construction of any specified work or of the failure of any such work the efficiency of any ordinary watercourse for flood defence purposes is impaired, or that watercourse is otherwise damaged, so as to require remedial action, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the drainage authority and if the undertaker fails to do so, the drainage authority may make good the same and recover from the undertaker the expense reasonably incurred by it in doing so.
Commencement Information
I6Sch. 9 para. 34 in force at 6.6.2022, see art. 1
35.—(1) The undertaker must make reasonable compensation for costs, charges and expenses which the drainage authority may reasonably incur in—E+W
(a)in the examination or approval of plans under this Part of this Schedule; and
(b)in the inspection of the construction of a specified work in respect of a key watercourse or any protective works required by the drainage authority under this Part of this Schedule.
(2) The maximum amount payable to the drainage authority under sub-paragraph (1)(a) or (b) is to be the same as would have been payable to the drainage authority in accordance with the scale of charges for pre-application advice and land drainage consent applications published on the drainage authority’s website from time to time.
Commencement Information
I7Sch. 9 para. 35 in force at 6.6.2022, see art. 1
36. Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule is to be determined in accordance with article 53 (arbitration).E+W
Commencement Information
I8Sch. 9 para. 36 in force at 6.6.2022, see art. 1
1991 c. 59. The definition of “drainage board” is in section 23(8), which was amended by paragraph 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29).