New rules have been introduced on how to apply for permission to undertake works in or near main rivers.
Previously a flood defence consent had to be applied for to undertake this type of activity, this has now transferred to controls under the Environmental Permitting Regulations (EPR). You should still apply to the Environment Agency to gain permission to do works in or near rivers under EPR.
- Read our briefing: Conversion of Flood Defence Consents to EPR
Different Types of Permissions Under EPR:
- Exclusions: for the lowest-risk activities, which require no notification to the EA and have no charge;
- Exemptions: which must be notified to the EA in advance of the activity but carry no charge;
- Standard Rules Permits: That require application, and have a standard fee of £170;
- Bespoke Permits: For activities not covered by any of the three above, which require application and a bespoke charge.
What the changes mean:
Previously under flood defence consents there was a flat-rate charge of £50 for applications. Under the new scheme, activities which fall under the scope and conditions of an exclusion or exemption are free of charge. Whereas standard rules permits need to be applied for if other types of larger scale activities. The current charge for a standard rules permit is £170, however more than one permit can be applied for at the same time. In these circumstances, it costs an extra £40 to add another activity onto your permit.
Dredging:
- Read our briefing: Dredging of Main Rivers in England
Following the Secretary of State’s, Liz Truss, announcement at the Oxford Farming Conference on 6 January 2016, farmers are now able to maintain up to 1.5km of Man-made ditches, land drains, agricultural drains and previously straightened watercourses classified as main rivers. This can occur under an exemption, meaning it must be applied for prior to the activity taking place but there is no fee. For other main watercourses a stretch of up to 20m can be dredged under an exemption.
However it is important to understand the conditions which exist that determine when and where this dredging can occur. This includes the condition that the dredging activity cannot occur within 5 km upstream of a site notified for its freshwater habitats that is designated as a Special Protection Area (SPA), Special Area for Conservation (SAC), Ramsar site, Site of Special Scientific Interest (SSSI), or Local Nature Reserve (LNR).
For any further questions on these changes, please contact the NFU's CallFirst team on 0370 845 8458.