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Land Drainage and Flooding

The Land Drainage Functions in the Malvern Hills area are carried out by the South Worcestershire Land Drainage Partnership (SWLDP), a partnership covering the south of Worcestershire including Malvern Hills District Council, Wychavon District Council and Worcester City Council using powers delegated by the Lead Local Flood Authority (LLFA). Worcestershire County Council, in accordance with the Flood and Water Management Act 2010.

Under this arrangement the SWLDP carries out functions under the Land Drainage Act 1991 (the Act). These include:

Section 25 enforcements: Under Section 25 of the Act any landowner who has a watercourse passing through or abutting their land is deemed a riparian owner and has a legal duty to keep it clear and free from obstruction to flow. As Drainage Authority the SWLDP has permissive legal powers to undertake enforcement action where appropriate.

To report obstructed watercourses in the first instance please contact the Land Drainage Inspector, Tom Palmer on 01684 862418 or tom.palmer@malvernhills.gov.uk.

Consenting structures within a watercourse: Under Section 23 of the Act any alterations to, or proposed new structures that may affect flow in a watercourse may require Land Drainage Consent before works commence. Those requiring consent are shown in the ‘consentable structures’ document. Consent is required to be sought for the features shown whether the proposed works are permanent or temporary.

To apply for consent or discuss any structures that may require it in the first instance please contact Debbie Bowen on 01386 565377 or debbie.bowen@wychavon.gov.uk. Please note that consent cannot be given retrospectively so this should be done before any works are commenced.

All works in, on, or near a watercourse should comply with the Environment Agency pollution control recommendations in ‘PPG 5 - Works in or near a watercourse’. A summary is available below and the full version can be found on the Environment Agency website.

The Designation of flood defence structures: Under the Flood and water Management Act 2010 the SWLDP has powers to designate features. These are private structures that although are not designed as flood defence structures provide a flood defence function. Designation involves protecting them from alteration without prior consent.

Further information on this process can be found in the ‘Designation Factsheet’.

Other information: Further details on the functions of the SWLDP, the responsibilities of riparian owners and flooding and drainage can be found in the ‘Flooding Information and Advice’ leaflet.

Further information on protecting properties from flooding can be found in the ‘Flood Protection Guide’ or by visiting the National Flood Forum website http://nationalfloodforum.org.uk/.

Further information on Sustainable Drainage Systems (SUDS), and how they can be used to gain environmental and flood protection benefits in new and existing developments are outlined in the ‘RSPB Sustainable Drainage Systems Report’.

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This page was last reviewed 17 September 2013 at 13:29 by Cassandra Zoro.
The page is next due for review 16 March 2014.
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Malvern Hills District Council, Council House, Avenue Road, Malvern, WR14 3AF - Directions to Council Offices.