Why might the council take enforcement action?
The council may take enforcement action if work is done to a watercourse without permission, or in a way that causes or increases flood risk.
We may need to step in if:
- A watercourse becomes blocked as the result of unauthorised works
- A culvert/pipe or structure has been built without proper consent
- The unconsented work could increase the risk of flooding
- Damage has been caused to the water environment by unauthorised works
What law does the council use?
The council uses powers contained in The Land Drainage Act 1991 (GOV.UK). This law permits the council to:
- Investigate works to ordinary watercourses
- Require people to alleviate the risk of flooding
This does not apply to main rivers, where enforcement falls to the Environment Agency.
How does the council decide what to do?
In March 2024, the County Council agreed a Policy and Protocol for Enforcement Action.
This document explains:
- How the council chooses which cases to investigate
- When enforcement action may be taken
- How cases are prioritised across Cambridgeshire
The same rules apply to everyone, to ensure fairness and consistency.
View or download the full Policy and Protocol for Enforcement Action under the Land Drainage Act 1991 (22 pages, 808 KB, opens as PDF).
What does enforcement mean?
If a problem is found, the council will investigate the matter to assess the risk of flooding and the relative harm.
We always aim to resolve issues informally in the first instance – however, if formal action does become necessary, it will be taken in line with the council’s Enforcement Policy.
This may include offering guidance, issuing formal notices, pursuing prosecution, or using a combination of approaches.
Our priority is always to reduce flood risk, not to punish individuals.
