1 Overview
An ordinary watercourse is any river, stream, brook, ditch, drain, culvert, pipe and other passage through which water may flow which is not designated as a Main River. It does not have to be recorded on a map to be an ordinary watercourse and often is not.
You can check whether a watercourse is classed as a Main River with the Environment Agency’s Main River map. If the section of watercourse you want to work on is not on their map, then it is automatically classified as an ordinary watercourse.
What we do
Under the Flood and Water Management Act 2010, West Sussex County Council, as the Lead Local Flood Authority (LLFA), is the consenting authority for proposed structures and obstructions within a watercourse; these require consent under section 23 of the Land Drainage Act 1991.
Examples of structures and obstructions may include dams, weirs, culverts (pipes), or any other structure which could affect the flow of water within the channel.
In line with good practice, the council seeks to avoid culverting (piping) and consent for such works will not normally be granted except to enable necessary access.
There are exceptions when you do not require consent from West Sussex County Council. These are if your:
- watercourse is part of a main river, you will need to apply for consent to the Environment Agency
- watercourse falls within Arun Internal Drainage District, you will need to apply to the Internal Drainage Board (IDB) responsible for that area - find out more on the ADA website.
Do I need ordinary watercourse consent?
All works (including temporary works) that obstruct water flow within the channel of an ordinary watercourse require consent. This could be a new pipe (culvert), bridge, dam, pond or any other structure in the watercourse, a diversion or a change to the alignment or the banks of the watercourse.
The document below illustrates example structures and whether they would need consent. Use this to calculate the fee. The cost is £50 for each consentable structure.
All culverting proposals must comply with our culvert policy:
Even if you have planning permission or other consents you still require consent for works to ordinary watercourses that obstruct the flow.
2 Pre-application service
We offer a pre-application service for ordinary watercourse consent. We provide:
- specific advice on what you need to consider for the proposed works on your site
- advice about the level of detail we need from you in order for us to validate the application
- one virtual meeting to discuss the application and proposal
An initial charge of £200 plus VAT covers review of information, a one-hour virtual meeting and a written response.
An additional charge of £135 plus VAT per hour covers additional work, including any further meetings or site visits. An estimate of cost, based on proposed time, will be provided before any work commences.
Request pre-application advice (external link)3 Apply for consent
When to apply
You must have consent before you start any works. We cannot grant consent retrospectively for works that you have started or completed. If you carry out work without consent, we may require that you return watercourse to its original state.
What it costs and how to pay
Each consentable structure or alteration costs £50. You must get a separate consent for each part of the work that affects the flow in a watercourse, whether the structure is temporary or permanent. Check what is classified as a consentable structure in the document below.
You can include multiple consents for the same location in one application. If the structures are in different locations, you must submit separate applications.
If you need to build a temporary structure or diversion to help construct the final structure, you must apply for consent for both. For example, a temporary structure and a final structure count as 2 consents, which equals £100.
If you're not sure how many structures your plans involve or what you need to pay for, contact us.
You can pay by credit or debit card when you submit your application online. We do not accept card payments over the phone.
If you have problems with payment or completing the form, contact us and we’ll help.
How to apply
You will need to include several supporting documents with your application. Information about what documents you need to include is contained within the form.
The document below also sets out what we need to know when you apply for consent:
If you have any questions about what supporting documents are needed, contact us.
Request ordinary watercourse consent (external link)How long it takes
The Land Drainage Act 1991 sets a legal deadline for consent decisions.
We have 2 months from the date we receive your application and payment to make a decision. If we don’t tell you the outcome within that time, the consent is automatically granted.
Reasons your application could be refused
West Sussex County Council generally does not approve culverting (piping) ordinary watercourses because it can increase flood risk and harm water quality and wildlife.
If you apply to culvert a watercourse, you must:
- give a valid reason for the work
- show how you will reduce the impact on flood risk, ecology and water quality
- provide evidence, including hydraulic modelling, to prove the work will not increase flood risk
- explain why you cannot use other options, if you’ve considered alternatives to culverting
If you want to culvert a watercourse for any reason other than access, you must provide:
- a detailed Water Framework assessment
- plans to reduce the impact on biodiversity and habitat
- evidence that shows the work will not reduce water quality
- hydraulic modelling that proves the work will not increase flood risk elsewhere by reducing floodplain storage or increasing water flow and volume
You must provide sufficient information and rationale in order for us to assess your application.
We may refuse your application for a number of reasons, including, but not limited to:
- the works cause an increase in flood risk at the location of the works or elsewhere
- insufficient information submitted to allow an assessment to be made of an application
- adverse impacts on ecology and biodiversity or water quality - linked to the Water Framework Directive
- viable alternatives may exist which cause less impact to the ordinary watercourse (like retaining an open channel over culverting)
If we refuse your application, you have the right to appeal our decision under Section 23(5) of the Land Drainage Act 1991. Alternatively, you can make a new alternative application straight away.