Applications for Consent should normally be made by the landowner or their agent and should only apply for works on land
owned by the applicant. Application for Consent for works on land not owned or under the control of the applicant will only be accepted with written agreement of the third party and appended to the application. Application forms for Land Drainage Consents may be obtained from the Highbridge office or are downloadable below. Upon receipt of the application, accompanied by the application fee (see application form), the Board has two months in which to grant or refuse a Land Drainage Consent (unless you agree to an extension of this time). This time does not start to run until the Board is satisfied that the application (including all necessary plans and calculations) are complete in every respect. The granting of a Land Drainage Consent may be subject to conditions such as the time and manner in which the work may be carried out.
You are strongly advised to discuss your proposal with the Board’s Engineer before submitting your application to ensure you are informed of the principal requirements for the work you envisage.
Step by Step Guide in applying for Land Drainage Consent from the Board
1. Identify the type of application form you require for your proposed works.
Works requiring consent
Application Forms and guidance sheets
Renewal of an existing gateway crossing by means of a culvert or bridge
Creation of a new gateway crossing by means of a culvert or bridge
Piping a watercourse for a length of 8m or less
|Gateways and Culverts Consent Form|
All structures or modifications in or within 9 metres of a watercourse (Headwalls, Sluices and Fencing)
£50 per structure
|Any temporary works in or within 9 metres of a watercourse, that will be in place for less than 6 months.||
£50 per structure
Major Developments and all other works
With guidance from Land Drainage Consent Information Sheet (below), or contact the office to discuss your requirements if necessary.
|£50 per structure|
These forms can either be saved and emailed back to the Board, or printed off, filled in by hand and returned to the address at the bottom of the page. If you have a PDF writer the forms can be completed on your screen and emailed to: email@example.com
|Headwall options sheet||If works include headwall proposals, please indicate which design you are planning to use and supply alongside application. If your design does not match any options, please supply a detailed drawing with materials included.||Download the Headwall options sheet|
|Construction sequence||Illustrated Guidance for constructing a gateway crossing.||Download construction sequence|
|Land Drainage Consent Information Sheet||Guidance for all Land Drainage Consents applicants.||Land Drainage Consent Information Sheet|
2. Fill in the relevant form, with as much information as possible. The process will be delayed if you do not supply location details and structural information of your proposed works. The Board needs to see the location clearly on an appropriately scaled plan, with grid references. The form needs to be signed by the applicant only, applications will not be accepted if signed by agents or representatives.
3. Enclose the correct fee if applicable, note the cost of £50 is per structure. As an example if you are planning to install a surface water outfall and erect a structure within the byelaw zone, the fee will be £100 and you should fill out two structures forms.
CHEQUE: Cheques should be made payable to: Somerset Drainage Boards Consortium and included with your application pack. Cash is accepted at our Board offices; please see address below.
BANK TRANSFER: You are also able to pay through your bank. Please use your surname and postcode as your reference. The Board’s account details are shown below. Please indicate that you have paid using BACS on your application form; this will help us locate your payment.
SDBC Bank details: Nat West Account Number: 78023084 Sort code: 60-03-27
TELEPHONE: You may also pay by Debit or Credit card, over the phone at the Board offices between 9.30am and 4.30pm Monday – Friday; Tel: 01278 789906 (Please note there will be a small charge for using this service).
4. Return the application form and the accompanying documents to:
Somerset Drainage Boards Consortium
33-34 Market Street
5. Once received by the Board, we will contact the applicant if there are any issues or further information we require. Please clearly state on your application if you require acknowledgement or receipt of your application.
Failure to Obtain Land Drainage Consent
The failure to obtain a Land Drainage Consent prior to carrying out the works may be a criminal offense. Any person acting in contravention of any of the Board’s Byelaws, or Section 23 of the Land Drainage Act 1991, may be liable, on conviction, to a fine of up to £5,000, and to a further fine of up to £40 for every day on which the contravention is continued after conviction.
Under Section 24 or 66 of the Land Drainage Act 1991 the Board has the power (without prejudice to any other criminal proceedings) to take such action as may be necessary to remedy the effect of the contravention or failure to obtain consent, and to recover the expenses reasonably incurred by it in so doing from the person in default.
The issue of a Land Drainage Consent by the Board does not absolve a person proposing to execute works from the need to obtain any other licenses, consents or permissions which may be required by law. The Board issue Land Drainage Consents under the Drainage Board Byelaws and the Land Drainage Act 1991. It is the applicant’s responsibility to ensure that any other necessary permission from other authorities or undertakers is obtained.
Consents relating to the Environmental Stewardship Higher Level Schemes (HLS)
If you are applying for a consent for works associated with an HLS application, then please note the following requirements:
The Board will need to be assured that any changes to the operation of drainage and water level management that occurs as a result of an Environmental Stewardship HL Scheme will not lead to adverse affects. Applications for Consent will need to show the extent of all land affected by the change in water level management as well as the total extent of the applicants land holding in the adjacent area.
The plans must show the location of all water level control structures existing or proposed and works to be undertaken. (This includes any bunds). Details of how the area will receive any water for achieving higher levels in winter as well as irrigation needed in the summer period must be set out. Operating arrangements for any structures will also need to be set out for agreement by the Board.
Details of previous Consents relating to the land contained within the application will assist in minimising the time required to process the application. The Board would wish to see that local consultation with adjacent owners or occupiers has occurred and that any adverse impacts have been mitigated for and are acceptable to affected parties.
Right of Appeal
If you believe that a Land Drainage Consent had been unreasonably withheld, or that the conditions that have been imposed are unreasonable, you have a right of appeal to an independent arbitrator.