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Ordinary watercourse consent

What is an ordinary watercourse?

Ordinary watercourses include every river, drain, stream, ditch, dyke, cut, sluice, culvert, sewer (other than public sewers), and passage, through which water flows but that does not form part of a main river.

Please note: water does not always need to flow within it for it to be considered a watercourse.

Do I need permission to work on a watercourse?

If you want to carry out work that would affect flow within the channel of an ordinary watercourse, the law states that you must obtain permission before you start. This includes temporary works.

This rule helps to keep people, homes, and the environment safe from flooding by ensuring that water can drain at the correct rate.

The law that controls work to ordinary watercourses is the Land Drainage Act 1991. Under section 23(1) of the Land Drainage Act 1991 (GOV.UK) you need consent if your work could change the way water flows, including:

  • Creating dams, weirs, or blockages
  • Temporary structures
  • New culverts
  • Changes to existing culverts
  • Natural measures to slow water down and store it on land. This is also known as ‘natural flood management’

This applies to temporary and permanent work.

You do not need to apply for consent if you are:

  • Undertaking routine maintenance such as cutting back vegetation and removing debris or litter
  • Undertaking works that are entirely outside of the watercourse channel

Consent is needed to ensure that works:

  • Do not increase flood risk
  • Do not put people or property in danger
  • Do not harm wildlife or the wider water environment.

Our policy is to keep watercourses open and flowing wherever possible. As outlined in our Culvert Policy (7 pages, 50KB, opens as PDF), culverts are not normally allowed unless:

  • There is a real need
  • Flood risk will not increase

Who gives permission?

Cambridgeshire County Council (CCC)

Gives permission for ordinary watercourses outside Internal Drainage Board areas. This permission is called a Land Drainage Consent.

Internal Drainage Boards (IDBs)

Gives permission in areas managed by IDBs. This permission is also called a Land Drainage Consent.

Environment Agency

Gives permission for main rivers and the coast.

Advice before you apply

We have produced a guidance document on the consenting process for natural flood management. Please view or download Natural flood management guidance (3 pages, 494KB, opens as PDF).

You can ask for pre-application advice before applying for consent. This will help you to check:

  • If consent is needed for the works you are planning
  • Whether your plans are suitable

There may be a cost for this advice, depending on the type of work you are planning:

Pre-application enquiry type Access culverts less than 6m for a single householder (cost per structure including VAT at 20%) All other structures, including, but not limited to access culverts (cost per structure including VAT at 20%)
Written advice in response to a written enquiry n/a £60
Meeting and written advice with officer at the council office. General discussion of requirement, provision of info and sign-posting of further information sources; support and advice available n/a £90
Meeting on site with an officer followed by written advice £60 £120
Additional work £60 per hour plus travel expenses (£0.55 per mile)

Pre-application advice request

To apply and pay for pre-application advice please follow the online form link below.

If you are making an application for land drainage consent, please read or download the Ordinary Watercourse Consent Application Form Guidance (6 pages, 152KB, opens as PDF).

To apply and pay for consent please follow the online form link below.