ÖйúPÕ¾

1. Introduction

Under the Flood and Water Management Act 2010, ÖйúPÕ¾, as Lead Local Flood Authority (LLFA), is the consenting authority for any works within the cross-sectional area of a watercourse, which require consent under Section 23 of the Land Drainage Act 1991. This may include dams, weirs, culverts (pipes) or any other structure which affects the flow of water within the channel.

An ordinary watercourse is any river, stream, brook, ditch, drain, culvert, pipe and any other passage through which water may flow which is not designated as a Main River. It does not have to be recorded on a map to be an ordinary watercourse and commonly is not.

You can check if a watercourse is classified as a Main River using the Environment Agency's .

If the section of watercourse you are proposing works to is not mapped, it is automatically classified as an ordinary watercourse.

If the watercourse on which works are proposed is classified as a Main River, you may require a Flood Risk Activity Permit from the Environment Agency.

2. Our vision for ÖйúPÕ¾

Existing ordinary watercourses play a vital role in both local flood risk management and in supporting  biodiversity, amenity, and water quality.

2.1 Local flood risk management

Ordinary watercourses help convey surface water runoff during rainfall events, reducing the risk of water accumulating in urban or low-lying areas. Many watercourses provide temporary storage during high flows, slowing down water movement and reducing peak flood levels downstream. They link upstream and downstream areas, allowing coordinated flood management across catchments.

2.2 Biodiversity

Watercourses support a range of aquatic and riparian species and act as green corridors, connecting fragmented habitats and allowing species to migrate and disperse.

2.3 Amenity

Watercourses enhance the visual and recreational appeal of areas with access to natural water features shown to improve mental health and community cohesion.

2.4 Water quality

Vegetated banks and wetlands associated with watercourses can filter pollutants from runoff before they reach larger watercourse or waterbodies. Slower flows in ordinary watercourses allow sediments to settle, improving downstream water quality. They support natural processes that break down organic matter and recycle nutrients, maintaining ecological balance.

All applicants must consider the impact proposals may have on the existing watercourse and demonstrate that opportunities have been considered to enhance existing watercourse where practicable. The culverting of an existing watercourse in unlikely to receive consents where viable alternatives exist which cause less impact.

3. Requirement for consent

Ordinary Watercourse Consent covers works (including temporary works) that affect water flow within the cross-sectional area of the watercourse.

For example; new a pipe (culvert), outfall pipe/headwall, bridge, dam, pond or other structure in the watercourse or a change to the alignment or the banks of the watercourse.

If you are unsure about whether the works proposed require consent, please contact us at suds@surreycc.gov.uk

4. Ordinary Watercourse consent application

To submit an application, please use our online .

Please refer to the Ordinary Watercourse Land Drainage Consent Application Guidance (PDF) prior to submitting an application.

As specified within Section 23 (2) of the Land Drainage Act 1991, a £50 Payment is required for each individual structure and/or any temporary works within the cross-sectional area of the ordinary watercourse. For example, a new culvert pipe (for site access) with 2 headwalls would be 3 structures in total. Therefore a £150 payment would be required.

Payment must be made by credit or debit card through the online application form.

Consent must be granted before any works are undertaken. Consent cannot be granted retrospectively for works that have been completed or are already underway. If works are carried out without consent, we may legally require that the watercourse be returned to its original state.

The Land Drainage Act 1991 sets a statutory deadline for consent applications to be considered within two months from the date of receipt of application and payment. If you are not informed of a decision before this deadline, consent is automatically granted.

If you have any issues with payment or completing the form, please email suds@surreycc.gov.uk

5. Common reasons for refusal

ÖйúPÕ¾ has a general presumption against culverting (piping) of Ordinary Watercourses. For consent to be granted, a valid reason for the proposed work must be supplied when an application is made, this must include mitigating for the loss of capacity, biodiversity and amenity value in addition to the future long-term maintenance requirements. If other alternatives to culverting have been discounted, evidence of this should be provided.

Sufficient information and rationale must be provided for applications to be assessed. Applications may be refused for several reasons, including but not limited to:

• The works cause an increase in flood risk at the location of the works or elsewhere.
• Insufficient information submitted to allow an assessment to be made of an application.
• Adverse impacts on ecology and biodiversity or water quality - linked to the .
• Viable alternatives may exist which cause less impact to the ordinary watercourse (like retaining an open channel over culverting).

If an application is refused, an applicant has the right to appeal the decision under Section 23 (5) of the Land Drainage Act 1991.

Alternatively, a new application can be made.

6. Natural Flood Management (NFM)

The Ordinary Watercourse Consenting and enforcement process are designed to ensure free flow within watercourses, including preventing blockages from materials in the channel. Each consent costs £50, and this is usually payable per structure/intervention including for temporary works within the channel. Some Natural Flood Management (NFM) techniques, however, rely upon restricting flow within the channel to attenuate flow and provide downstream benefit. Therefore, implementing NFM under the current regime could be a costly and bureaucratic process.

ÖйúPÕ¾ is a strong advocate for the use of NFM in reducing flood risk across the county as they provide a cost effective, multifunction approach to catchment wide flood risk management. The LLFA have devised the following approach to reduce the financial and administrative burden for NFM implementation and to encourage and record its use in appropriate locations across the county without increasing risk.

6.1 Principles

To be issued with Ordinary Watercourse Consent for NFM approaches the works proposed must be primarily designed to achieve one of the following two outcomes:

1. To reduce flood risk, or
2. To improve water quality or biodiversity

Consent will only be granted where the works will not increase flood risk to property, key infrastructure or 3rd party assets.

6.2 NFM Consent categories

Level 1 – Measures requiring no consent. Can be low cost and simple to install, but extremely effective. Information provided for location recording only.

• Planting hedgerows
• Woodland planting and natural regeneration
• Soil interventions
• Riparian and In-field buffer strips
• Offline Pond creation and enhancement

Level 2 – Measures requiring a certain level of consultation and likely consent. These measures are a mix of low to medium cost. Reduced consenting regime issued in two stage process, and details recorded for maintenance and location.

• Ditch naturalisation
• Leaky woody dams
• Sediment traps
• Modifying drainage grips
• Intercepting land drains
• Bunds and detention basins (depending on scale and flood risk)
• Wader scrapes
• Swales
• Restoring meanders (depending on scale and flood risk)

Level 3 – Measures involving a higher level of flood risk or design, requiring full assessment and consent in advance. Consenting issued in two stage process, and details recorded for maintenance and location.

• Floodplain restoration
• Wetland creation
• Wooden weirs or dams in existing watercourses
• De-culverting
• Bunds and detention basins (depending on scale and flood risk)
• Restoring meanders (depending on scale and flood risk)

Regardless of which level of NFM is being proposed, the LLFA recommends that all applicants make contact to discuss the works. Please email suds@surreycc.gov.uk so that an officer can get in contact.

Under the Flood and Water Management Act 2010, ÖйúPÕ¾, as the Lead Local Flood Authority (LLFA), is the consenting authority for proposed structures and obstructions within a watercourse, which require consent under section 23 of the Land Drainage Act 1991. These structures and obstructions may include dams, weirs, culverts (pipes) or any other structure which affects the flow of water within the channel.

Files available to download

• Guidance notes for ordinary watercourse land drainage consent application (PDF)
  How to complete the application form