§ Mr. ChaytorTo ask the Secretary of State for Environment, Food and Rural Affairs what guidance she has issued to local authorities in respect of(a) the circumstances in which permission may be given to and (b) the procedures to be followed by landowners wishing to drain mill lodges; and if she will make a statement. [141212]
§ Mr. Morley[holding answer 10 December 2003]: In the absence of specific details about the area(s) of concern, it is not possible to say what if any guidance has been given to local authorities.
In terms of drainage, under the Water Resources Act 1991 and the Land Drainage Act 1991, the consent of the relevant operating authority—the Environment Agency in relation to a "main River" or otherwise the local authority or Internal Drainage Board—must be 904W obtained before any work is undertaken which is likely to affect the flow of a watercourse or impede any drainage work.
Under the Water Resources Act it is an offence to remove deposits in watercourses which have accumulated behind a weir, dam or sluice and allow that deposit to be carried away in suspension without consent from the Agency. An example would be lifting a sluice and letting all the silt flow downstream, which might adversely affect the fauna.
Other consents or licences that landowners might need include:
A waste regulation licence, if they intend to backfill the pond;A need for a fish rescue consent to transfer fish from the pond; An abstraction licence;Under some circumstances an Environmental Impact Assessment may also be required.All these would depend on the circumstances. Landowners should therefore consult the relevant operating authority.