Engineering operations that include undertaking flood protection and alleviation works comprise development for which planning permission may be required. However, full planning permission may not always be needed for flood protection and alleviation works; it may comprise permitted development.
On larger agricultural units (of 5 hectares or more) those flood protection or alleviation works which are reasonably necessary for agricultural purposes, and where the waste material excavated to carry out the works remains on the farm, may be developed under existing agricultural permitted development rights.
To benefit from such permitted development rights, you must first make an application for prior notification to your LPA (local planning authority). The LPA has 28 days to let the applicant know whether:
- the application is approved
- a full planning application is required
- the application is refused.
No work should begin before an application is made (otherwise planning permission will be required).
NPP guidance
NPP (National Planning Policy) guidance advises planning authorities that they should ‘have regard to the increasing need for such measures to provide resilience to the impacts of climate change and mitigate flood risk to support the sustainability of the agricultural activity’ when considering either a prior approval application or a full planning application for the development of flood protection or alleviation works.
If development under Class Q (change of use of agricultural building to dwelling house) or Class S (change of use of agricultural building to state-funded school or registered nursery) has been carried out on the farm within the previous ten years, then full planning permission will be needed.
For smaller agricultural units (less than 5 hectares), an application for planning permission is needed for flood protection or alleviation works.
Beyond permitted development
Where the flood protection or alleviation works are beyond the scope of permitted development, a full planning application is needed. The details needed for submission will depend on the scale and siting of the development. Additional information might include:
- a topographical survey
- landscape assessment and landscaping scheme
- flood risk assessment
- an ecology survey
- a BNG (biodiversity net gain) assessment.
While flood protection and alleviation works may not require planning permission, separate consents may be needed from the EA (Environment Agency).
