Decision details

19/00087 - Land Drainage Policy

Decision Maker: Cabinet Member for Environment

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes




Kent County Council as the Lead Local Flood Authority has powers as a Land Drainage Authority, under the Land Drainage Act 1991, to regulate ordinary watercourses in Kent. An ordinary watercourse is a watercourse that is not a main river; it may be a small river, stream, ditch or drain and does not always need to flow.


As a land drainage authority KCC has powers to provide consent for any works within an ordinary watercourse. In exercising this role, we must ensure that the works do not increase the risk of flooding. We are also obliged to ensure that there is no loss of habitat or pollution to the watercourse. At present there is no policy statement on how KCC exercises these powers, which would provide clarity on the use of the powers.




·         Stay with present policy – these powers remain without a policy, which means that there is no clear statement of how we exercise them and no robust policy to refer to.


·         Develop and adopt a policy to provide clarity on how KCC will exercise its powers to regulate ordinary water courses




As Cabinet Member for Environment, I agree to adopt the Land Drainage Policy.

Publication date: 17/12/2019

Date of decision: 17/12/2019

Effective from: 25/12/2019

Accompanying Documents: