Ordinary watercourse consent
Construction or alterations within a watercourse requires consent from the County Council under the Land Drainage Act 1991. Changes to structures (e.g. dams, weirs, culverts or other such obstructions) that are already in place will also need consent from the Council.
When considering if proposed works will require consent, you should consider whether they would affect the flow of the watercourse when the channel is full. If the answer to this is yes, then consent from the Council will be required. Consent will be required irrespective of whether works are permanent or temporary.
Ordinary watercourses include every river, drain, stream, ditch, dyke, cuts, sluices, culverts, sewer (other than public sewer) and passage through which water flows that do not form part of main rivers. Main rivers are regulated by the Environment Agency. It is not required for water to flow at all times for it to be considered as a watercourse. Please note the council does not regulate ordinary watercourses in internal drainage board areas.
Consent will be refused if the works are poorly designed, result in an increased flood risk or if they pose an unacceptable risk to nature conservation or the environment. Incomplete applications will also be refused.
You are advised to contact the council to check whether your works will be deemed to affect an ordinary watercourse - [email protected]
Pre-application advice charge
Pre-application advice is available. View the pre-application charging schedule below.
|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 (£0.45 per mile)|
We strongly encourage pre-application discussions and potentially site visits to discuss the appropriateness of your proposed plans and to ensure that everything you need to submit is provided when the application is made.
Currently we only accept cheques for this service and they should be made payable to ‘Cambridgeshire County Council’ and sent to; Flood & Water Team, Cambridgeshire County Council, Box No SH1315, Shire Hall, Cambridge, CB3 0AP.
Please include a cover letter with your payment giving details of the site and proposed works. If you require any further information please do not hesitate to email; [email protected].
Making an application for ordinary watercourse works
Step 1: Please read the application guidance document and apply using the PDF form below. You can fill in the form electronically and save it, ready to submit with your plans and drawings.
Step 2 : Submit your application and pay online. You will be able to attach your completed application form, plans and drawings.
Alternatively, details of how to submit your application by post or email / make payment by cheque are on the application form.
Landowner riparian responsibility
If you own land adjoining a watercourse you have certain rights and responsibilities. In legal terms you are a 'riparian owner'. Your rights have been established in common law for many years. The Riparian Owner factsheet.pdf outlines your rights and responsibilities as a riparian owner.
Failure to carry out your riparian responsibilities or not seeking the appropriate ordinary watercourse consent may lead to enforcement action by the council.
Who is responsible for drains and sewers?
Homeowners or occupiers are responsible for the drains up to their property boundary. Water and sewerage companies are responsible for:
- all public sewers
- private sewers and lateral drains that connect to the public sewer
Water and sewerage companies are not responsible for private sewers that:
- are connected to a private pumping station and treatment works
- carry water directly to a watercourse, like a river, or into the ground (eg a soak away).