The Environmental Permitting (England and Wales) Regulations 2016 No. 1154

SCHEDULE 3 E+W Exempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 4 E+W Exempt flood risk activities: descriptions and conditions

General and interpretation E+W

1.—(1) The descriptions in this Part are set out in paragraphs 2 to 28, in their respective first sub-paragraphs.

(2) The specific conditions relating to each description in this Part are set out in paragraphs 2 to 28, in their respective second sub-paragraphs.

(3) The general conditions relating to all descriptions in this Part are that the activity is not carried out—

(a) on a designated site or—

(i) in the case of the description set out in paragraphs 2 to 4, 6, 8, 9, 12, 13, 15, 16, 18 to 20 and 25 to 28, in their respective first sub-paragraphs, within a 200 metre radius of a designated site;

(ii) in the case of the description set out in paragraphs 5, 7, 10, 11, 14 and 17, in their respective first sub-paragraphs, within a 500 metre radius of a designated site;

(iii) in the case of the description set out in paragraphs 21, 22 and 24, in their respective first sub-paragraphs, within one kilometre upstream of a designated site;

(iv) in the case of the description set out in paragraph 23, in its first sub-paragraph, within—

(aa) 5 kilometres upstream of a designated site notified for its freshwater habitats or species,

(bb) 1 kilometre upstream of a designated site that includes any part of the flood plain of the relevant main river but not the river itself, or

(cc) 1 kilometre upstream of any other designated site,

(b) in a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions,

(c) where the activity is carried out in Wales, within 100 metres of a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions, or

(d) in the case of the descriptions set out in paragraphs 3, 5, 7, 10 to 15, 18, 21 to 24 and 27, in their respective first sub-paragraphs, where the activity is carried out in England within 100 metres of a water body in Wales that is part of a main river classified as of high morphological status by the NRBW in accordance with the relevant directions.

(4) In sub-paragraph (3), “designated site” means—

(a) a European site (which has the meaning given in regulation 8 of [F1 the Conservation of Habitats and Species Regulations 2017]),

(b) a Ramsar site (which has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 M1 ),

(c) a site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981), or

(d) a nature reserve established by a local authority under section 21 of the National Parks and Access to the Countryside Act 1949 M2 .

(5) For the purposes of this Part—

“designated salmonid river” means—

(a)

in England, a river included in the dataset sealed by the Agency on 22nd October 2015, entitled “Rivers in England identified as salmonid for flood risk activities under the Environmental Permitting Regulations”, and published by the Agency M3 ;

(b)

in Wales, a river included on the map published by the NRBW on 20th October 2015 entitled “Rivers in Wales identified as salmonid for flood risk activities under the Environmental Permitting Regulations”M4 ;

“designated sensitive water body” means a water body included in the dataset sealed by the Agency on 20th October 2015 entitled “Water bodies in England identified as sensitive for flood risk activities under the Environmental Permitting Regulations because sediment management may compromise delivery of the environmental objectives of the Water Framework Directive” and published by the Agency M5 ;

“the dredging and removal of silt and sand requirements” means the document published by the Agency on 1st February 2016 entitled “Dredging and the removal of silt and sand from main rivers as a flood risk activity under the Environmental Permitting Regulations”M6 ;

“protected species” means—

(a)

[F2 a species of a kind listed in Annex 1 to Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds or Annex 4 to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;]

(b)

a species in respect of which any adverse impact is in accordance with a licence issued under section 16 of the Wildlife and Countryside Act 1981 M7 ;

“relevant directions” means the Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015 M8 .

(6) In this Part, “bank” has the meaning given in paragraph 2(2)(a) in Part 1 of Schedule 25 and paragraph 2(2)(b) to (d) of that Schedule applies to this Part.

[F3 (7) In sub-paragraph (5), in sub-paragraph (a) of the definition of “protected species”, a reference to a species listed in an Annex to Directive 2009/147/EC or Council Directive 92/43/EEC is to be construed as including a reference to any other species protected under the Conservation of Habitats and Species Regulations 2017.]

Textual Amendments

F1 Words in Sch. 3 Pt. 4 para. 1(4)(a) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 73(2)(c)

F2 Words in Sch. 3 Pt. 4 para. 1(5) substituted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), regs. 1, 2(9)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F3 Sch. 3 Pt. 4 para. 1(7) inserted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), regs. 1, 2(9)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 Section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 and was amended by paragraph 86 of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16), by paragraphs 5 and 7 of Schedule 2 to the Planning (Wales) Act 2015 (anaw. 4) and by S.I. 2013/755 (W. 90).

M2 1949 c. 97; section 21 was amended by Schedule 30 to the Local Government Act 1972 (c. 70), by paragraphs 15(e) and 19 of Part 1 of Schedule 11 to the Natural environment and Rural Communities Act 2006, and by paragraph 1 of Part 1 of Schedule 2 to the Environment (Wales) Act 2016 (anaw. 3).

M3 A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

M4 The map is available at https://naturalresources.wales/media/5634/flood-epr-salmonids.pdf. A copy may be obtained from Natural Resources Wales, c/o Customer Care Centre, Ty Cambria, 29 Newport Road, Cardiff, CF24 0TP.

M5 A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

M6 A copy may be obtained from the Environment Agency, National Customer Contact Centre, PO Box 544, Rotherham, S60 1BY.

M7 Section 16 was amended by paragraph 11(4) of Schedule 9 to the 1990 Act, paragraph 6 of Schedule 12 to the Countryside and Rights of Way Act 2000, paragraph 72 of Part 1 of Schedule 11 to the Natural Environment and Rural Communities Act 2006, section 10 of the Marine and Coastal Access Act 2009 (c. 23) and by S.I. 1995/2825, 2007/1843 and 2013/755 (W. 90).

M8 These Directions were made on 9th September 2015 in exercise of powers in section 40(2) of the 1995 Act and are available at http://www.legislation.gov.uk/uksi/2015/1623/pdfs/uksiod_20151623_en.pdf. A copy may be obtained from the Flood Risk Management Team, the Department for Environment, Food and Rural Affairs, Area 3C, Nobel House, 17 Smith Square, London SW1P 3JR.

Electrical cable services E+W

2.—(1) The erection of an electrical cable service crossing over a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the service crossing is within 10° of perpendicular to the direction of flow of the main river,

(b) the vertical and horizontal clearances of the service crossing comply with the requirements set out in the table below,

(c) permanent hazard markers are erected on both banks of the main river,

(d) the bed and banks of the main river are not disturbed by the works, and

(e) all excavated material not re-used on the site of the works is removed from the floodplain.

1 Vertical clearance above bank or flood bank crest level.
2 Horizontal clearance of any tower or support landward from the top of the bank of the main river.
Voltage (kV)	Vertical clearance1(metres)	Horizontal clearance2(metres)
275	15	15
400	15	15
132	12	15
66	12	15
33	9	10
11	9	10
6.6	9	10
4.15	6	9

Service crossings below the bed of a main river E+W

3.—(1) The erection of a service crossing below the bed of a main river by directional drilling not involving an open cut technique.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the service crossing is within 10° of perpendicular to the direction of flow in the main river,

(b) a distance is maintained—

(i) of no less than 1.5 metres from the bed of the main river to the top of the service crossing, and

(ii) at the same height above sea level between points that are 5 metres beyond the top of each bank of the main river,

(c) the distance from the launch and reception pits to the landward side of each bank of the main river is—

(i) 8 or more metres in the case of a non-tidal main river;

(ii) 16 or more metres in the case of a tidal main river;

(d) the service crossing does not pass through any bank, culvert, remote defence or river control works on the main river or through any sea defence,

(e) the service crossing is 50 or more metres upstream of any impoundment or artificially raised channel,

(f) permanent hazard markers are erected on both banks of the main river,

(g) all excavated material not re-used on the site of the works is removed from the floodplain,

(h) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(i) the bed and banks of the main river are not disturbed by the works.

Service crossings attached to the outside of existing structures over a main river E+W

4.—(1) Service crossings attached to the outside of existing structures over a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the service crossing does not project more than 1 metre horizontally from the structure,

(b) the service crossing follows the existing cross-sectional profile of the structure to the main river in both normal and flood flow,

(c) the service crossing does not pass through any bank, culvert, flood defence structure or river control works on the main river or through any sea defence,

(d) permanent hazard markers are erected on both banks of the main river, and

(e) a notification has not been sent by the regulator to the landowner that the structure has been identified for removal or modification in order to achieve the [F4 environmental objectives in relation to a river basin district].

Textual Amendments

F4 Words in Sch. 3 Pt. 4 para. 4(2)(e) substituted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), regs. 1, 2(9)(d); 2020 c. 1, Sch. 5 para. 1(1)

Footbridges E+W

5.—(1) The construction of footbridges.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the length of the footbridge measured from the top of one bank of the main river to the top of the other bank is no more than 8 metres,

(b) the footbridge has no support in the watercourse, a deck width of no more than 1.5 metres and a kickerboard of no more than 100mm in height,

(c) the footbridge does not reduce the cross-sectional area of the channel in the main river,

(d) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 M9 , or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 M10 , that are not protected species,

(e) no works take place within 100 metres of any non-agricultural building in the floodplain or another man-made structure on or in the main river,

(f) the bed of the main river is not affected by the construction,

(g) the length of bank disturbed by the construction extends to no more than 1 metre on either side of the footbridge,

(h) the footbridge is securely attached to foundations which are no closer than 1 metre to the edge of the bank,

(i) construction of the footbridge does not require reinforcement of the bed or banks,

(j) the approach ramp or steps for the footbridge do not extend more than 4 metres from the landward side of the bank,

(k) the lowest point of the underside of the bridge is at least 600mm higher than the top of both banks of the main river,

(l) all excavated material not re-used on the site of the works is removed from the floodplain,

(m) the height of the land at each end of the footbridge is not changed by the construction,

(n) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(o) any parapet of the footbridge is of open construction comprising—

(i) post and rail,

(ii) post and wire mesh fencing of at least 100mm spacing, or

(iii) post and wire strands.

Marginal Citations

M9 2006 c. 16.

M10 2016 anaw. 3.

Temporary scaffolding in England E+W

6.—(1) The erection and use of temporary scaffolding in or over a main river in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the scaffolding will be in place for no longer than 4 weeks,

(b) the scaffolding is not in place between 15th March and 15th June inclusive in any year,

(c) on a main river that is a designated salmonid river, the scaffolding is not in place between 1st October and 14th March inclusive in any year,

(d) the scaffolding does not occupy more than 10 metres of a river bank at any one time,

(e) the scaffolding projects into or over the main river no more than 1.2 metres or no more than 10% of the width of the main river, whichever is less,

(f) the scaffolding is located no less than 100 metres from any other scaffolding the erection and use of which is reliant on this exemption,

(g) except where it is unsafe to do so, debris lodged against the scaffolding is removed within 24 hours, and

(h) any transoms and walking decks are set no lower than 600 mm above water level.

Temporary dewatering in England E+W

7.—(1) The temporary dewatering of a work area in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the duration of the dewatering is no longer than 4 weeks,

(b) the dewatering is not in place between 15th March and 15th June inclusive in any year,

(c) on a main river that is a designated salmonid river, the dewatering is not in place between 1st October and 14th March inclusive in any year,

(d) the dewatering does not affect more than 10 metres of the bank of a main river at any one time,

(e) the dewatering is not within 8 metres of a flood defence structure or river control works,

(f) the depth of water adjacent to the dewatered area does not exceed 1.2 metres,

(g) the dewatering does not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(h) all reasonable steps are taken to protect aquatic plants and aquatic animals found in the dewatered area,

(i) the dewatering structure projects into or over the main river no more than 1.2 metres or no more than 10% of the width of the main river, whichever is less,

(j) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k) all excavated material not re-used on the site of the works is removed from the floodplain,

(l) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(m) any pumps used in the dewatering process are fitted with a 20mm mesh screen.

Maintenance of raised river or sea defences E+W

8.—(1) The maintenance of raised river or sea defences.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the maintenance works use materials of the same kind as those present in the raised defences and do not alter the shape of those defences or the overall height of the protection afforded by those defences,

(b) the raised defences are carrying out the functions for which they were originally designed, and

(c) the works do not disturb the bed or, up to normal ground level, the banks of the main river.

Maintenance of structures within the channel of a main river E+W

9.—(1) The maintenance of structures within the channel of a main river other than raised river or sea defences.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the maintenance works do not alter any dimension of the structure,

(b) the structure is carrying out the functions for which it was originally designed,

(c) the maintenance works use materials of the same kind as those present in the structure,

(d) the maintenance works do not occur between 15th March and 15th June inclusive in any year,

(e) on a main river that is a designated salmonid river, the maintenance works do not occur between 1st October and 14th March inclusive in any year, and

(f) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species.

Drinking bays E+W

10.—(1) The construction of a drinking bay on the bank of a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the bay is not located within 100 metres of any other man-made structure on or in the main river,

(b) the bay is surrounded by a post and rail fence which must project into or over the main river no more than 1.2 metres or 10% of the width of the main river, whichever is less,

(c) the base of the bay has a surface made of concrete, stone or inert hard core,

(d) all excavated material not re-used on the site of the works is removed from the floodplain,

(e) the works do not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river,

(f) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(g) the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(h) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(i) the remainder of the bank is fenced so as to prevent damage to the bank.

Access platforms E+W

11.—(1) The construction of access platforms on the bank of a main river or that project into or over a main river.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the platform is not located within 50 metres of any other man-made structure,

(b) the platform projects no more than 1.2m into or over the main river and occupies no more than 2m of bank length,

(c) the works do not adversely affect any culvert, remote defence, river control works, sea defence or any raised embankment or wall forming part of the bank of the main river,

(d) that part of the platform which projects over the channel is constructed as a flat deck, with no solid infill beneath the platform, supported on piers or piles of no more than 300mm width,

(e) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(f) the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(g) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(h) any steps cut into the bank are supported by timber risers on the vertical part of the step.

Outfalls E+W

12.—(1) The construction of small outfall pipes and headwalls to main rivers.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the headwall is not located within 50 metres of another man-made structure on or in the main river,

(b) in the case of a headwall to a non-tidal main river, the outfall pipe is aligned to an angle of between 30° and 60° to the direction of flow in the river,

(c) the diameter of the outfall pipe is less than 300mm,

(d) the height of the headwall is no more than 1.5 metres or no more than 75% of the height of the bank, whichever is less,

(e) the total length of bank affected during construction of the headwall is no more than 1.5 metres,

(f) the headwall, wing walls and apron do not project beyond the line of the bank prior to the works being carried out,

(g) the headwall is not within 8 metres of a flood defence structure or river control works,

(h) the outfall pipe does not pass through or under any culvert, remote defence, river control works or sea defence, or any raised embankment or wall forming part of the bank of the main river,

(i) all excavated material not re-used on the site of the works is removed from the floodplain,

(j) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k) the works do not occur in, or within 200 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(l) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(m) any pipe that discharges through the headwall does not pass within 8 metres of a flood defence structure.

Repair and protection of banks using natural materials E+W

13.—(1) The repair and protection of main river banks using natural materials.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the length of bank affected by the works is no more than 10 metres,

(b) the works do not include the use of steel sheet piling, concrete, cement or concrete bagwork, brickwork, gabions or non-biodegradable materials,

(c) the works do not take place within 50 metres of a bank that has been reinforced,

(d) the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

(e) when the works are finished, the height of the bank does not exceed the lower of—

(i) the height of the bank on either side of the works, and

(ii) the height of the bank prior to the works being carried out,

(f) the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

(g) the works do not involve the use of vehicles or wheeled or tracked machinery on the bed or bank of the main river,

(h) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 M11 , or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 M12 , that are not protected species,

(i) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(j) the works are not to a bank consisting of an earth cliff over 1 metre in height.

Marginal Citations

M11 2006 c. 16.

M12 2016 anaw. 3.

Repair of bank slips and erosion E+W

14.—(1) Repair of bank slips and erosion.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works do not involve removal of material from the bed of the main river other than bank slippage,

(b) the works do not affect more than 10 metres of the bank at any one time,

(c) the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

(d) when the works are finished, the height of the bank does not exceed the lower of—

(i) the height of the bank on either side of the works, and

(ii) the height of the bank prior to the slip or erosion,

(e) the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

(f) any repair of a bank slippage is made using as materials only material that has subsided from that bank,

(g) any repair of erosion uses materials of the same kind as those present on the relevant site,

(h) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(i) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(j) the works do not involve the use of a vehicle or of wheeled or tracked machinery on the bed or banks of the main river.

Channel habitat structures made of natural materials E+W

15.—(1) The installation of channel habitat structures made of natural materials (excluding weirs and berms).

(2) For the purposes of this paragraph, the specific conditions are—

(a) the structure occupies no more than half the width of the cross-sectional area of the channel in the main river and no more than 20 metres of the length of the main river,

(b) no part of the structure is higher than 0.3 metres above the level of the river bed or 25% of the height of the bank (excluding any wall or embankment forming part of the bank), whichever is greater,

(c) the structure is made from naturally occurring woody material and is securely fastened to the bed of the main river, the bank or both,

(d) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(e) no works take place within 100 metres of—

(i) a non-agricultural building in the floodplain,

(ii) another natural channel habitat structure,

(iii) stones or logs placed in the main river for habitat enhancement, or

(iv) a man-made structure on or in the main river.

Rafts for surveys E+W

16.—(1) The installation of rafts for surveys.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the raft has dimensions of no greater than 1.5 metres x 1 metre x 0.15 metre,

(b) any equipment box used on the raft has a height of no more than 0.75 metre,

(c) the raft is permanently and securely attached to the bank,

(d) the raft is installed no less than 100 metres from any other raft,

(e) when the raft is installed, there are no more than four other rafts within a distance of one kilometre,

(f) the raft is installed for no more than 12 months and removed immediately if, within that period, it is no longer required, and

(g) the raft is not installed within 100 metres of any non-agricultural building in the floodplain or another man-made structure on or in the main river.

Gravel-cleaning for fish-spawning beds E+W

17.—(1) Gravel-cleaning for fish-spawning beds.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works are only carried out in September or October in any year,

(b) the works are to no more than 20m² of gravel per location, with a gap of at least 30 metres between locations,

(c) the works do not adversely affect the banks or established bed of the main river,

(d) the works are carried out using only hand tools or machinery carried and operated by one person, and

(e) the works do not occur in, or within 500 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016.

Placement of stones or logs in a main river in England for habitat enhancement E+W

18.—(1) Placement of stones or logs in the channel of a main river in England for habitat enhancement.

(2) For the purposes of this paragraph, the specific conditions are—

(a) any stones placed in the channel are of a type that occur naturally in the main river and do not exceed 400mm in any dimension,

(b) any log placed in the channel is less than 2 metres in length, less than 400mm in diameter and oriented at an angle of within 45° to the flow of water,

(c) any log placed in the channel—

(i) is from a type of tree that occurs naturally in the vicinity of the main river, and

(ii) is securely fixed to the bed or bank of the main river,

(d) the stones or logs are placed in the channel over no more than 20 metres of the length, and 20% of the width, of the main river,

(e) the placement of stones or logs does not occur in, or within 200 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(f) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(g) no stones or logs are placed within 100 metres of—

(i) a non-agricultural building in the floodplain,

(ii) a natural channel habitat structure,

(iii) an existing emplacement of stones or logs placed in the main river for habitat enhancement, or

(iv) a man-made structure on or in the main river.

Eel pass devices E+W

19.—(1) Construction of eel pass devices on existing structures.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the existing structure is not located on a tidal river,

(b) the device is permanently and securely attached to the existing structure,

(c) the width of the device is no more than 5% of the width of the main river, and

(d) the device does not extend upstream or downstream from the existing structure more than the lesser of—

(i) 10 metres, or

(ii) the width of the channel measured between the top of each bank of the main river.

[F5 Notches] E+W

20.—(1) Construction of F6 ...notches on an existing impoundment.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the construction does not affect the structural integrity of the existing impoundment,

(b) construction of the notches does not change the water level in the main river by more than 20cm upstream or downstream from the existing structure,

(c) the existing impoundment is located on a main river with a width of no more than 5 metres measured between the top of each bank,

(d) the construction does not adversely affect the banks or established bed of the main river, and

(e) the notch is no more than 0.6 metre in width.

Textual Amendments

F5 Sch. 3 Pt. 4 para. 20 heading substituted (7.1.2019) by The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(1), 4(3)(a)

F6 Words in Sch. 3 Pt. 4 para. 20(1) omitted (7.1.2019) by virtue of The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1227), regs. 2(1), 4(3)(b)

Removal of silt, sand and other material in England E+W

21.—(1) The removal of silt and sand from within bridge arches in England and any material from within culverts in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works do not affect the structural integrity of the bridge arch or culvert,

(b) in the case of works within bridge arches, the removal of silt and sand is limited to the removal of accumulated silt and sand on the established bed of the main river,

(c) the works do not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(d) the works and the subsequent deposition of the removed material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(e) the works do not occur between 15th March and 15th June inclusive in any year,

(f) on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

(g) the works do not expose the structural foundations or footings of the bridge or culvert,

(h) the works and any equipment used to remove the sand and silt comply with the dredging and removal of silt and sand requirements,

(i) the works do not involve the use of machinery on the bed or banks of the main river more than 20 metres from the bridge or culvert,

(j) the works do not involve the use of a vehicle on the bed or banks of the main river,

(k) the works do not damage the culvert or the banks or bed of the main river, and

(l) the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions.

Removal of silt and sand adjacent to in-river structures in England E+W

22.—(1) The removal of silt and sand adjacent to in-river structures in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works take place no more than 10 metres upstream or downstream from the edge of the structure,

(b) the removal of silt and sand does not affect the structural integrity of the structure,

(c) the works do not damage the banks or bed of the main river,

(d) the works are limited to the removal of accumulated silt and sand on the established bed of the main river,

(e) the removal of silt and sand does not expose the structural foundations or footings of the structure,

(f) silt and sand is not removed to below the level of the base of the inside of an adjacent culvert,

(g) the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

(h) the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

(i) the removal of silt and sand does not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 M13 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 M14 ,

(j) the removal of silt and sand and its subsequent deposition do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k) the removal of silt and sand does not occur between 15th March and 15th June inclusive in any year,

(l) on a main river that is a designated salmonid river, the removal of silt and sand does not occur between 1st October and 14th March inclusive in any year,

(m) the works and any equipment used to remove the sand and silt comply with the dredging and removal of silt and sand requirements,

(n) the works are not carried out in, or within one kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(o) the removal of silt and sand does not occur in a designated sensitive water body.

Marginal Citations

M13 2006 c. 16.

M14 2016 anaw. 3.

Dredging of man-made ditches, land drains, agricultural drains and previously straightened watercourses in England E+W

23.—(1) Dredging of no more than 1.5 kilometres of man-made ditches, land drains, agricultural drains and previously straightened watercourses classified as main rivers in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works do not occur in any location where dredging has been carried out within the previous 3 years,

(b) the works do not occur in any location on a watercourse where dredging has taken place within 1.5 kilometres upstream or downstream of that location in the previous 12 months,

(c) the works are completed within 3 years of registration of the exemption,

(d) the works do not damage the bed or banks of the main river,

(e) the dredging does not include the removal of gravel,

(f) the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river,

(g) the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

(h) the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

(i) the works do not occur in, or within one kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(j) the dredging and subsequent deposition of dredged material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k) the works do not occur between 15th March and 15th June inclusive in any year,

(l) on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

(m) the works and any equipment used comply with the dredging and removal of silt and sand requirements,

(n) the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions,

(o) the works do not occur in a designated sensitive water body,

(p) on a non-tidal main river, the works do not occur within 8 metres of a flood defence structure or river control works, and

(q) on a tidal main river, the works do not occur within 16 metres of a flood defence structure or sea defence.

Dredging of any main river in England E+W

24.—(1) Dredging of no more than 20 metres of any main river in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) no dredging has been carried out in the previous 12 months in the same main river and property,

(b) the works are completed within 12 months of registration of the exemption,

(c) the works do not damage the bed or banks of the main river,

(d) the dredging does not include the removal of gravel,

(e) the works do not remove vegetation from the bed or banks of the main river, other than vegetation growing in or through the silt and sand,

(f) the dredging is limited to the removal of accumulated silt and sand on the established bed of the main river,

(g) the works do not involve the use of a vehicle or machinery on the bed or banks of the main river,

(h) the works do not occur in, or within 1 kilometre upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(i) the dredging and subsequent deposition of dredged material do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(j) the works do not occur between 15th March and 15th June inclusive in any year,

(k) on a main river that is a designated salmonid river, the works do not occur between 1st October and 14th March inclusive in any year,

(l) the works and any equipment used comply with the dredging and removal of silt and sand requirements,

(m) the works are not carried out in, or within 1 kilometre upstream or 500 metres downstream of, a water body that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(n) the dredging does not occur in a designated sensitive water body.

Excavation of scrapes and shallow wetland features E+W

25.—(1) The excavation of scrapes and shallow wetland features in a floodplain.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the area of the excavation is no more than 0.1 hectare and takes place at least 100 metres from any other excavation in the floodplain,

(b) the excavation is no more than 500mm deep at any point,

(c) where spoil from the excavation is spread on the floodplain, the spoil is spread to a depth of no more than 100mm, and

(d) the excavation is at least 8 metres from any structure forming part of a flood defence and from the landward side of each bank of the main river.

Raised flood defences in England E+W

26.—(1) The construction of raised flood defences around one to six adjoining properties in England.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works are not within 8 metres of a main river,

(b) the dimensions of the flood defences are no more than 1 metre in height and 6 metres in width,

(c) the defences are located at least 20 metres from any building not owned by the owners of the properties,

(d) the total area protected by the defences is no more than 150m² for each property,

(e) the defences are to protect existing buildings, and

(f) the works are within the existing boundary of the properties.

Bankside wildlife refuge structures E+W

27.—(1) Construction of bankside wildlife refuge structures.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the length of bank excavated during construction of the structure is no more than 1.5 metres,

(b) the height of the structure is no more than 1.5 metres or no more than 75% of the height of the bank, whichever is less,

(c) the structure is not located within 50 metres of another man-made structure on or in the main river,

(d) the structure is not located within 8 metres of a flood defence structure or river control works,

(e) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(f) the structure does not project beyond the line of the bank prior to the works being carried out.

Improvement works for tracks and paths E+W

28.—(1) Improvement works for tracks and paths.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the works are to an existing track or path,

(b) the works do not alter the route or width of the track or path,

(c) the works do not disturb the bed or banks of any main river,

(d) the works do not increase the level of the path by more than 100mm, and

(e) when the works are completed, all materials and debris are removed from the site.