Flood Risk Activity Permits on Main Rivers

Wednesday 25 January 2017

Paul Williams – FCRM Advisor

Aims of the Presentation

1. Why have we changed from Flood Defence/Land Drainage consents to EPR and what are the key changes.

2. What is a flood risk activity.

3. Which type of permit may be required and how to apply for this.

Why have Flood Defence consents moved to EPR?

Government’s Red tape Challenge

Focus our efforts on the highest risk activities

Save us and our customers time and money

Flood risk permits now in same EPR suite as other EA permits like waste. Others consents like fish passes (2017), abstraction and impoundment to follow in 2020

Objectives of regulation

management of flood riskmanaging impacts on land drainageenvironmental protection

Why Permits are Needed

Outfall Blocking Channel

EPR - Risk based approach with 4 tiers

Exclusions - very low risk and no permissions neededExemptions - no permit but register and follow rulesStandard rules permits - nationally agreed conditionsBespoke permits for all other flood risk activities

Flood risk activities

erecting a structure in, over, under a MRwork to alter or repair any temporary or permanent structure in, under or over a MR, where it is likely to affect the flow of water in the river or affect any drainage work erecting or altering a temporary or permanent structure designed to contain or divert the floodwaters of a MRdredging, raising, or causing dredging or raising, of any material inc. sand silt and gravel from or off bed or banks of MRany work likely to divert the direction of flow into or out of a MR or alter the water level

Flood risk activities

other specified activities on the flood plain of a main riverwithin 8m of the river bank, 16 m if tidalwithin 8m of a flood defence structure/ culvert, 16 m if tidal within 16 m of a sea defence , or 8 m of a remote defencefor quarrying or excavation, within 16m of a remote defence, flood defence structure or culvert

which could affect flows, flood risk or land drainageaffect the stability of banks or the effectiveness of defencesaffect EA’s access to the river or sea defences

Exclusions (no need to apply or register)List of 10 very low risk activities:

Licensable marine activity in EnglandLadders and scaffold towersService crossings within an existing structureFlood protection devices attached to buildingsMinor works on or affecting bridges and culvertsFencingFish trapsNotice boardsClearing our purpose-built sediment trapsShort term site investigation boreholes and trial pits

Plus standard riparian maintenance works

Exemptions (register but no permit issued)

Registered centrally by our National Customer Contact Centre (NCCC) but no formal permit issued

Usually no pre-app discussion neededNo chargeWe screen against maps for location conditions (SSSIs etc, species eg salmonids , sensitive water bodies etc)Register the operator for each activity and each locationList of conditions limiting the extent of the work and must meet them all to be an exemption

Exemptions List of 27 exempt flood risk activities which must Registered;Electrical cable servicesService crossings below the bed of a main riverService crossings attached to the outside of existing structures over a main riverFootbridgesTemporary scaffolding in EnglandTemporary dewatering in EnglandMaintenance of raised river or sea defencesMaintenance of structures within the channel of a main riverDrinking baysAccess platformsOutfallsRepair and protection of banks using natural materialsRepair of bank slips and erosionChannel habitat structures made of natural materialsRafts for surveysGravel-cleaning for fish-spawning bedsPlacement of stones or logs in a main river in England for habitat enhancementEel pass devicesFish passage notchesRemoval of silt, sand and other material in EnglandRemoval of silt and sand adjacent to in-river structures in EnglandDredging of 1.5km of man-made ditches, land drains, agricultural drains and previously

straightened watercourses in EnglandDredging of any main river in EnglandExcavation of scrapes and shallow wetland featuresRaised flood defences in EnglandBankside wildlife refuge structuresImprovement works for tracks and paths

FRA18 Placing stones or logs in a main river to enhance habitatsDescription This exemption allows you to place stones or logs in the channel or a main river in order to create or enhance habitat ConditionsFor your activity to be exempt it must meet all of the conditions below: you cannot carry out the activity on or within 200m of a site 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). The locations of all these sites are available to view on MAGIC at www.magic.gov.ukyou cannot carry out any work in within 100m of a river or lake in England or (if your work is near the border) in Wales that is classified as of high morphological status under the Water Framework Directive. For information call the Environment Agency customer contact centre on 03708 506 506.you cannot carry out any work in or within 200m upstream of a priority habitat that has been selected for the importance of its river or freshwater habitats. These are often called Natural Environment and Rural Communities Act 2006 section 41 and section 42 habitats. For information call the Environment Agency customer contact centre on 03708 506 506.any stones placed in the channel must be of a type that occur naturally in the main river and do not exceed 400mm in any dimensionany log placed in the channel must be of less than 2 metres in length, less than 400mm in diameter and oriented at an angle of within 45° to the flow of waterany log placed in the channel must be from a type of tree that occurs naturally in the vicinity of the main river; and is securely fixed to the bed or bank of the main riverthe stones or logs are placed in the channel over no more than 20 metres of the length, and 20% of the width, of the main riverno stones or logs are placed within 100 metres of a non-agricultural building in the floodplain, a natural channel habitat structure, an existing emplacement of stones or logs placed in the main river for habitat enhancement or a man-made structure on or in the main river. Guidance notesIn order to meet the description and conditions of this exemption you cannot create a weir. You may, for example, create groynes from placed stones to create or enhance habitat.

Standard Rules Permits12 sets of standard rulesLow to medium risk activitiesWe consulted on standard rules once nationally As the permit document is already in place a quick turnaround for the permitNot available in certain locations eg SSSIs (screening)The full permits and conditions are available online

12 Standard RulesTemporary dewatering affecting up to 20 metres of a main river Installation of an outfall of 300mm to 500mm through a headwall into a main river Installation of a clear span bridge on a main river Temporary storage within the flood plain of a main river Temporary diversion of a main river Installation of a habitat structure made from natural materials occupying up to 100m of a main river. Installation of an access culvert on a main river Repair and protection of the bank of a main river using natural materials Temporary scaffolding affecting up to 20 metres of the bank of a main river The excavation of a wetland or pond in a main river floodplain Installation of site investigation boreholes and temporary trial pits within a main river floodplain Removal of a total of 100 metres of exposed gravel from bars and shoals over a 1 kilometre length of main river

Bespoke permit

Higher risk activities, more complex applicationsThere is no complete list for bespoke permits! Everything that is not excluded, exempt or standard rules Site and activity specific risk assessment required - assess effects on flood risk, land drainage, environmentIf fails one criteria from Standard Rules/exemption but otherwise low risk

Operator provides risk assessment for missed criteria rather than all aspects of the application eg how won’t affect SSSIStill need to submit full application

Charging and Compliance Fee

Was £50 per structure (from Water Resources Act 1991) up to 3 January 2017From 4 January 2017 new fees - £170 for first activity, £40 for each additional activity to cover costs onlyTransfers and surrender of permits are free Compliance fee (£70 fee) from 1 April 2017

Contact Us

PSO team covering Shropshire, Herefordshire, Worcestershire and Gloucestershire) email address: pso.midswest@environment-agency.gov.uk Web site: https://www.gov.uk/guidance/flood-risk-activities-environmental-permits contains very detailed guidance on the activities and different permits, application forms Customer Service Line: 03708 506 506 and enquiries@environment-agency.gov.uk