Issue details

19/00087 - Land Drainage Policy

Proposed Decision:

 

That Kent County Council adopts a policy for undertaking our Land Drainage powers under the Land Drainage Act 1991

 

Background:

 

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.

 

Options:

 

·         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

 

 

Decision type: Key

Decision status: For Determination

Division affected: (All Division);

Notice of proposed decision first published: 12/11/2019

Decision due: Not before 11th Dec 2019 by Cabinet Member for Environment
Reason: In orderthat the proposed decision can be published for a minimum of 28 days in accordance with statutory requirement

Lead member: Cabinet Member for Highways and Transport

Lead director: Katie Stewart

Department: Growth, Environment & Transport

Contact: Max Tant, Flood and Water Manager 03000 413466 Email: max.tant@kent.gov.uk.

Consultees

The proposed decision was considered and endorsed at the Environment and Transport Cabinet Committee on 29 November 2019.

Financial implications: Costs are met through the Lead Local Flood Authority budget.

Legal implications: None

Equalities implications: EqIA undertaken and included in consultation There are no data protection implications

Agenda items

Documents