APPLICATION GUIDANCE NOTES

Transcription

1 APPLICATION FOR A RELAXATION OF BYELAW 10 (for any development including buildings, walls, driveways, hardstanding, land tile outfalls, services, trees, fences and landscaping across, into or within 9 metres of the edge of a Boardmaintained watercourse) MEMBER INTERNAL DRAINAGE BOARDS Broads (2006) IDB, East Suffolk IDB, King s Lynn IDB, Norfolk Rivers IDB, South Holland IDB Kettlewell House Austin Fields Industrial Estate King s Lynn Norfolk PE30 1PH Tel - (01553) info@wlma.org.uk APPLICATION GUIDANCE NOTES Before making an application to any of the Water Management Alliance IDBs, it is important that you have read and understood these notes, the relevant Board s Byelaws and the Land Drainage Act 1991 (as amended), and that you are familiar with the Board s Planning & Byelaw Policy. These guidance notes summarise situations where consent is/is not likely to be granted by the Board for relaxations of Byelaw 10, but the Planning & Byelaw Policy gives more detail about various types of development, and the conditions likely to be stipulated as part of any approval. The application form requires completion of the following sections: Name and address of applicant(s) The person, people or company wishing to carry out the development. Name and address of agent An architect, consultant or other person acting on behalf of the applicant(s). Location of proposal The site where the proposed works would be undertaken. Do the proposals include Multiple-choice options about what the proposed works are. Description of proposed development More detailed description of the development, including size(s) and location(s). General questions including ones about land ownership and to whom the consent/refusal should be sent. N.B. Measurements relating to Byelaw 10 are to be taken from the landward toe of the bank where the watercourse is embanked; from the bank top for an open watercourse (which is not embanked); and from the closest point of the enclosing structure where the watercourse is enclosed. In the case of underground works, the measurement is to be taken from an imaginary infinite vertical line running through the drain brink or landward toe of the embankment, as appropriate. e.g. Open watercourse (not embanked) Open watercourse (embanked) Byelaw measurements taken from this line Byelaw measurements taken from this line Culverted watercourse Enclosed watercourse (e.g. bridge) Byelaw measurements taken from this line Byelaw measurements taken from this line

2 Installation of land tile outfalls Outfalls are to be installed through pre-cast concrete headwall units dug in flush with the drain batter. Consent will be granted subject to the applicant s compliance with this, and other conditions. Erection of fencing All fencing within 9 metres of the watercourse is to be temporary, with no posts concreted in. If the watercourse is culverted, then the fence should be at least 0.50 metres from the nearest outside edge of the pipe; if it is an open drain but no machine access is available, then the fence is to be at least 1 metre from the edge of the drain, and no taller than 1.80 metres; and if machine access is available to the open drain, then the fence is to be at least 6 metres back from the edge of the watercourse. These guidelines do not apply with multiple-property residential developments, where all fencing is to be 9 metres from the drain brink or nearest outside edge of the pipeline. Electricity cables, telephone wires, gas, water or sewerage pipes or any other services If possible all services running alongside a watercourse must be installed at least 9 metres from the drain brink, landward toe of the embankment, or outside edge of the pipeline (as appropriate) at all points. Where an application is submitted for services within 9 metres of a drain, overhead cables must give a minimum vertical clearance of at least 10 metres from the level of the top of the bank at all times, and underground services are to be installed in pipes/ducting, directionally-drilled beneath the watercourse. Depths below an open drain and clearances to piped drains will be specified on a case-by-case basis. Other conditions will also apply. Erection of a garage Consent will usually be granted for a temporary, sectional garage (on a non-permanent base), provided it will be at least 6 metres from the brink of an open drain where machine access is available, or 3 metres from the nearest outside edge of a pipeline or the brink of an open drain where no machine access is available. Consent will usually only be granted for any garage with foundations or a concrete base provided it will be at least 6 metres from the drain at all points. Erection of a wall Approval will not normally be granted for any walls closer than 6 metres from the edge of the drain or pipeline, or higher than 1.80 metres above surrounding ground level. Landscaping (including trees, hedges, shrubs, patios) New trees within 9 metres of a drain will only ever be considered if exceptional circumstances apply. Hedges and shallow-rooted bushes, and hard landscaping (e.g. patios), will be allowed provided a 1 metre strip is retained from the drain brink in the case of an open watercourse with no machine access; a 6 metre clear strip is maintained where machine access is available; and a 3 or 6 metre easement is kept next to a piped watercourse (width depends on the drain in question). All hedging and bushes are to be maintained at no more than 1.80 metres tall, and hard landscaping is to be constructed sloping away from the drain to prevent possible saturation of the batter by surface water run-off. These guidelines do not apply with multiple-property residential developments, where all landscaping is to be 9 metres from the drain brink or nearest outside edge of the pipeline. Access roads, driveways and parking areas Approval will usually be given for gravel / tarmac chipping roads, driveways or parking areas, provided they are no closer than one metre from the drain. Approval for concrete / tarmac is unlikely to ever be forthcoming for proposals within 9 metres of an open drain or 6 metres of the outside edge of a pipeline, except where the application covers the main access road to the site, and that road runs perpendicular to the watercourse. Any consented works within 9 metres of a drain will also be subject to the area being constructed so that it slopes away from the watercourse, or to it being built with kerbs and a gully drainage system. Single dwelling or two-storey or ground-floor extension (residential) or commercial/industrial development If possible, all new buildings and extensions should be at least 9 metres from the edge of the watercourse at all points. Applications may be submitted for developments within this distance, and will be considered on a site-specific basis, but even if a relaxation is granted, it is extremely unlikely that this will ever be for works less than 6 metres from the drain. Residential developments (multiple dwellings) With the exception of a new access culvert and/or roadway perpendicular to the drain, the Board will seek to ensure that there are 9 metre wide easement strips left adjacent to all its maintained watercourses, with these strips kept clear of any development. Approvals issued by the Board will be subject to the grantee entering into a legal agreement with the Board (the form of agreement is dependent on whether the grantee is an individual/company or a statutory authority, as well as the type of development being consented), and may be subject to other conditions, all of which will have to be complied with prior to the start of development.

3 APPLICATION FOR CONSENT TO DISCHARGE SURFACE WATER RUN-OFF TO A WATERCOURSE MEMBER INTERNAL DRAINAGE BOARDS Broads (2006) IDB, East Suffolk IDB, King s Lynn IDB, Norfolk Rivers IDB, South Holland IDB Kettlewell House Austin Fields Industrial Estate King s Lynn Norfolk PE30 1PH Tel - (01553) info@wlma.org.uk APPLICATION GUIDANCE NOTES Before making an application to any of the Water Management Alliance IDBs, it is important that you have read and understood these notes, the relevant Board s Byelaws and the Land Drainage Act 1991 (as amended), and that you are familiar with the Board s Planning & Byelaw Policy. These guidance notes summarise situations where consent is/is not likely to be granted by the Board for relaxations of its Byelaws to allow discharges of surface water run-off to a watercourse, but the Planning & Byelaw Policy gives more detail about various types of development, and the conditions likely to be stipulated as part of any approval. The application form requires completion of the following sections: Name and address of applicant(s) The person, people or company wishing to carry out the development. Name and address of agent An architect, consultant or other person acting on behalf of the applicant(s). Location of proposal The site where the proposed works would be undertaken. Is/are the outfall(s) into a Board-maintained watercourse? Includes follow-up questions about legal agreements and approval from other landowners. Description of proposed development Outline of the intended works, including their location(s). What are the areas of impermeable surface draining to the watercourse? The respective areas of impermeable surface (e.g. roofs and roads) which drain to a watercourse, pre and post-development. Will the rate of discharge be restricted? Is a flow control device going to be installed, or would the proposed discharge be at an unattenuated rate. General question The Board has a responsibility to ensure that proposals for surface water disposal from any development are unlikely to adversely affect other people or land. If the proposed discharge goes through any system not maintained by the Board, or which is not solely the responsibility of the applicant, then as part of an application for consent, written evidence must be provided from all other people, companies and authorities responsible for the drainage systems leading from the development site up to the point of connection to the Board s system, showing that they are agreeable to the intended increase in flows, and accept any increased maintenance liability arising from this. The Board will not begin to consider any application until such time as this requirement has been complied with. If the Board considers that any watercourse maintained by a third-party will not be capable of accepting the planned additional flows, applications may be refused, or it may be necessary for improvement works to be undertaken (to the satisfaction of the Board, but at the applicant's cost) before consent will be granted. The cost of such improvements will be in addition to any development contribution due to the Board (see below). For Boardmaintained watercourses, the Board may also require the applicant to pay for hydrological modelling work to be carried out, or amendments to be made to an existing model, to assess the impact of the proposed discharge, the cost of which would again be in addition to any development contribution due to the Board. Depending on the results shown by the model, there is still no guarantee that the application will then be consented by the Board. Where proposals will result in an increase in the rate or volume of flows in a watercourse, one of the conditions of any consent granted by the Board will be the payment of a development contribution to the Board. Such contributions are payable to the Board unless the rate and volume of surface water discharge is limited to the same as that prior to development. The consent will also be subject to a formal agreement being entered into by the person or authority that will be responsible for the new drainage system after its construction; and the Board expects any system serving multiple properties to be adopted by a competent authority. Where a development proposes to have a restricted outflow rate, but there will still be an increase in the overall volume of discharge, a development contribution is levied, but is charged at a percentage of the full rate, based on the equivalent run-off (in litres per second per hectare) for the additional impermeable area. Please see the Board s Charging Policy for the current full rate and percentage charges for restricted discharges.

4 Outfalls into a Board s drain will only be consented if they do not protrude beyond the existing bank profile or inside face of an inspection chamber wall, and if they are positioned, designed and constructed to the specification and satisfaction of the Board s Officers and built entirely at the applicant s cost. If the system is not being adopted by another competent authority, the Board may require that the maintenance of the outfall is commuted to it, in which case a Commuted Maintenance fee will also be due to the Board. A Commuted Maintenance fee is a one-off charge payable where the Board will become responsible for the future maintenance costs associated with a new structure (in this case likely to be an outfall headwall structure). The Commuted Maintenance fee is paid in addition to the cost of construction of the structure, although if the future maintenance of the outfall will rest with another authority e.g. the local Highways Department, then no such fee is payable to the Board. If the affected drain is owned by the Board, then a one-off Wayleave payment will also be due to the Board to reflect the fact that the works are within an area of land it owns. The Commuted Maintenance fee due where a watercourse is not owned by the Board is 130% of the cost of materials, as priced by the Board s Officers, and where the drain is owned by the Board it is 230% of the cost of materials, again as calculated by the Board s Officers. If the outfall is being adopted by another authority, but is being constructed on land owned by the Board, then the Wayleave fee will be 100% of the cost of materials (as priced by the Board s Officers). The relevant Commuted Maintenance/Wayleave fee will be stipulated as part of any approval issued and a period of between 1 month and 3 months will be given for the applicant to accept that figure, depending on the likelihood of increases in materials costs. At the time of acceptance, the first 50% of the fee becomes due. Beyond this period, the Board s Officers will determine whether the quoted fee is still applicable, or whether it should be revised in light of any changes to the cost of materials. The second 50% of the fee is then payable when construction of the outfall is completed to the satisfaction of the Board s Officers.

5 APPLICATION FOR CONSENT TO DISCHARGE TREATED FOUL WATER TO A WATERCOURSE MEMBER INTERNAL DRAINAGE BOARDS Broads (2006) IDB, East Suffolk IDB, King s Lynn IDB, Norfolk Rivers IDB, South Holland IDB Kettlewell House Austin Fields Industrial Estate King s Lynn Norfolk PE30 1PH Tel - (01553) info@wlma.org.uk APPLICATION GUIDANCE NOTES Before making an application to any of the Water Management Alliance IDBs, it is important that you have read and understood these notes, the relevant Board s Byelaws and the Land Drainage Act 1991 (as amended), and that you are familiar with the Board s Planning & Byelaw Policy. These guidance notes summarise situations where consent is/is not likely to be granted by the Board for relaxations of its Byelaws to allow discharges of treated foul water, but the Planning & Byelaw Policy gives more detail about various types of development, and the conditions likely to be stipulated as part of any approval. The application form requires completion of the following sections: Name and address of applicant(s) The person, people or company wishing to carry out the development. Name and address of agent An architect, consultant or other person acting on behalf of the applicant(s). Location of proposal The site where the proposed works would be undertaken. Is the outfall into a Board-maintained watercourse? Includes a follow-up question about legal agreements. Description of proposed development Outline of the intended works, including their location(s). What is the proposed daily rate of discharge? The volume of water likely to be discharged per day. General question Discharge to a privately-maintained watercourse If the proposed treatment plant and outfall will only cater for one dwelling, formal consent from the Board will not normally be required, as the rate/volume of discharge is unlikely to have a significant effect on the local drainage network. However, an application may be needed for multiple-property, industrial or commercial developments, or certain other sites, due to the higher discharge rates and volumes, and the ensuing potential for a greater impact on local drainage infrastructure. Discharge to a Board-maintained watercourse Formal consent will be required for all proposed discharges to a Board-maintained drain. Consent will be granted provided: All elements of the works except the outfall pipe are at least 9 metres from the edge of the drain In the case of an open drain, the discharge pipe is installed through a pre-cast concrete headwall unit dug in flush with the drain bank, with suitable erosion protection (again dug in flush with the drain batter) installed below the headwall down to the toe of the watercourse, In the case of a piped watercourse, the discharge pipe is connected into an existing inspection chamber, or a new inspection chamber is constructed to the Board's specification to accommodate the outfall (a Commuted Maintenance fee may be payable if a new manhole is built see below). In either case, the inspection chamber wall around the incoming pipe is to be repaired to the Board's satisfaction prior to completion of the works. The applicant enters into the Board s standard Deed of Indemnity prior to undertaking the works. In certain circumstances, the Board may agree to the treatment plant itself being no closer than 6 metres from the edge of the watercourse, if the treatment plant is capable of withstanding and supporting the vehicular loads that may be imposed on it during the Board's operations. If the Board's Officers consider that the receiving watercourse will not be capable of accepting the planned additional flows, applications may be refused, or drain improvement works may have to be undertaken (to the satisfaction of the Board, but at the applicant's cost) before consent will be granted.

6 Although a development contribution will not normally be payable for treated foul water discharges, the Board reserves the right to require a payment to be made if it feels it is warranted (such as where the amount of the proposed treated water discharge may be comparable to another development's surface water run-off). Commuted Maintenance fees for new inspection chambers A Commuted Maintenance fee is a one-off charge payable where the Board will become responsible for the future maintenance costs associated with a new structure (in this case likely to be an inspection chamber). The Commuted Maintenance fee is paid in addition to the cost of construction of the structure. If the affected drain is owned by the Board, then a one-off Wayleave payment will also be due to the Board to reflect the fact that the works are within an area of land it owns. The Commuted Maintenance fee due where a watercourse is not owned by the Board is 130% of the cost of materials, as priced by the Board s Officers, and where the drain is owned by the Board it is 230% of the cost of materials, again as calculated by the Board s Officers. The relevant fee will be stipulated as part of any approval issued and a period of between 1 month and 3 months will be given for the applicant to accept that figure, depending on the likelihood of increases in materials costs. At the time of acceptance, the first 50% of the fee becomes due. Beyond this period, the Board s Officers will determine whether the quoted fee is still applicable, or whether it should be revised in light of any changes to the cost of materials. The second 50% of the fee is payable when construction is completed to the satisfaction of the Board s Officers.

7 APPLICATION FOR CONSENT TO ALTER A WATERCOURSE (for the construction or alteration of a bridge or culvert, the infilling of any drainage channel, or works reducing or altering the flow or capacity of any watercourse) MEMBER INTERNAL DRAINAGE BOARDS Broads (2006) IDB, East Suffolk IDB, King s Lynn IDB, Norfolk Rivers IDB, South Holland IDB Kettlewell House Austin Fields Industrial Estate King s Lynn Norfolk PE30 1PH Tel - (01553) info@wlma.org.uk APPLICATION GUIDANCE NOTES Before making an application to any of the Water Management Alliance IDBs, it is important that you have read and understood these notes, the relevant Board s Byelaws and the Land Drainage Act 1991 (as amended), and that you are familiar with the Board s Planning & Byelaw Policy. These guidance notes summarise situations where consent is/is not likely to be granted by the Board for relaxations of its Byelaws and/or the Land Drainage Act 1991 for proposals to alter a watercourse, but the Planning & Byelaw Policy gives more detail about various types of development, and the conditions likely to be stipulated as part of any approval. The application form requires completion of the following sections: Name and address of applicant(s) The person, people or company wishing to carry out the development. Name and address of agent An architect, consultant or other person acting on behalf of the applicant(s). Location of proposal The site where the proposed works would be undertaken. Does the proposal affect a Board-maintained watercourse? Includes a follow-up question about legal agreements. Description of proposals Outline of the intended works, including their location(s). General questions including about ownership of the watercourse. Section 23 of the Land Drainage Act 1991 (as amended) prohibits any obstruction or culvert being placed in a watercourse, or an existing culvert being altered in a manner that would affect the flow of a watercourse, without the prior consent of the relevant drainage board. However, the Environment Agency s Policy Regarding Culverts advocates retaining open drains wherever possible, due to their higher flood storage capacity and the potential loss of wildlife habitat if they are piped, and this stance is also taken by the Water Management Alliance Boards. Therefore consent will only be granted for proposals which will not unduly increase local flood risk or adversely affect the standard of drainage; which will not have an unfavourable impact on the local environment or wildlife; and provided the intended length of culverting/bridging is minimised. Applications to bridge or culvert a privately-maintained watercourse Applications will only be granted if the plans are satisfactory or would be if certain amendments are made, and any approvals issued will be subject to various conditions. If the Board considers that altering the watercourse is not appropriate for any reason, the application will be refused. Applications to bridge or culvert a Board-maintained watercourse Although this is not a guarantee that approval will be granted, these applications will normally be consented (subject to conditions) provided at least one of the following criteria is met: i. The proposal is for a replacement culvert or bridge, or ii. iii. The piping/bridge is for the sole access to a field, property, building plot or an estate development, and the total length of piping or width of the bridge is the minimum required for the access, or The total length of drain to be piped/bridged is 12 metres or less. In all other cases, the granting of consent will only ever be considered where an overriding need for the piping can be demonstrated e.g. for Health & Safety reasons, or where the piping would be of benefit to the Board.

8 Any bridge or culvert in a Board-maintained drain will always have to be constructed to a specification previously approved, or stipulated, by the Board. The Board expects culverts to be used in preference to bridges, and therefore new bridges will only be permitted where specific technical or operational reasons dictate that they would be the better option. The cost of installation must be met in full by the applicant unless there is a benefit to the Board, in which case the Board s Chief Executive may agree to make a contribution towards the works. A Commuted Maintenance fee is also likely to be payable to the Board (see later section). Applications to construct a weir or install any other flow control structure Applications will be considered on a case-by-case basis, but are only likely to be consented if the proposals will not have an adverse effect on any other landowners or properties. A Commuted Maintenance fee is also likely to be payable to the Board where the weir of flow control structure is in a Board-maintained watercourse (see later section). Commuted Maintenance fees for new culverts, bridges or weirs A Commuted Maintenance fee is a one-off charge payable where the Board will become responsible for the future maintenance costs associated with a new structure (in this case likely to be a culvert, bridge or weir). In the case of a culvert or bridge, the Board will not be responsible for the wearing surface, but will maintain the rest of the structure. The Commuted Maintenance fee is paid in addition to the cost of construction of the structure, although if the future maintenance of the culvert, bridge or weir will rest with another authority e.g. the local Highways Department, then no such fee is payable to the Board. If the affected drain is owned by the Board, then a one-off Wayleave payment will also be due to the Board to reflect the fact that the works are within an area of land it owns. The Commuted Maintenance fee due where a watercourse is not owned by the Board is 130% of the cost of materials, as priced by the Board s Officers, and where the drain is owned by the Board it is 230% of the cost of materials, again as calculated by the Board s Officers. If the culvert, bridge or weir is being adopted by another authority, but is being constructed on land owned by the Board, then the Wayleave fee will be 100% of the cost of materials (as priced by the Board s Officers). The relevant Commuted Maintenance/Wayleave fee will be stipulated as part of any approval issued and a period of between 1 month and 3 months will be given for the applicant to accept that figure, depending on the likelihood of increases in materials costs. At the time of acceptance, the first 50% of the fee becomes due. Beyond this period, the Board s Officers will determine whether the quoted fee is still applicable, or whether it should be revised in light of any changes to the cost of materials. The second 50% of the fee is then payable when construction of the culvert, bridge or weir is completed to the satisfaction of the Board s Officers.