Consent for works to an ordinary watercourse

A watercourse is defined in the Land Drainage Act 1991 as ‘all rivers and streams, all ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers within the meaning of the Water Industry Act 1991) and passages, through which water flows’. This may include watercourses that do not have water at certain times.

An ordinary watercourse is a watercourse that has not been designated as a main river on the Environment Agency Statutory Main River Map. Contact floodandwater@croydon.gov.uk if you are still unsure whether you are dealing with an ordinary watercourse. 

Our responsibility

We are responsible for consenting works that affect the flow of an ordinary watercourse under the terms of the Flood and Water Management Act 2010, Land Drainage Act 1991 and Water Resources Act 1991.

Regulation of ordinary watercourses consists of 2 elements:

• the issuing of consents for any changes to ordinary watercourses that might obstruct or alter the flow of an ordinary watercourse
• enforcement action to rectify unlawful and potentially damaging work to a watercourse
   

Working on or near a watercourse

If you intend to carry out work which may affect the flow or storage of water of an ordinary watercourse, you need to apply to us for consent, even if you already have planning permission. Approval is also required for any temporary works affecting the watercourse and a method of undertaking will need to be submitted prior to these works commencing.

Apply for Consent

Application for Ordinary Watercourse Land Drainage Consent (PDF,703KB)

If your work affects a main river, you may need to apply to the Environment Agency for permission: Flood risk activities: environmental permits.

If you think you may be doing work around a watercourse ,  and want to check whether consent is required, contact us by email: floodandwater@croydon.gov.uk.

Consent charge

The application fee is £50 per structure. Once your application is received with the appropriate fee, we have 21 days to assess your application. You will receive written confirmation within this period whether consent has been granted or not.

A copy of the cross-sections of consentable activities guidelines can be downloaded below. However each case will be assessed individually. 

Failure to obtain consent

Failure to obtain consent prior to carrying out the works may be a criminal offence.

Any person acting in contravention of Section 23 of the Land Drainage Act 1991, may be liable, on conviction, to a fine of up to £5,000, and to a further fine of up to £40 for every day on which the contravention is continued after conviction.

Under Section 24 or of the Land Drainage Act 1991 we have the power (without prejudice to any other criminal proceedings) to take such action as may be necessary to remedy the effect of the contravention or failure to obtain consent, and to recover the expenses reasonably incurred by it in so doing from the person in default.