| On Topic
On Topic
Planning apart, these are some of the current regulations which are easy to overlook and they are by no means exhaustive.
Abstraction Licenses: It sounds obvious, but an increase in reservoir capacity is likely to involve a new licence or a variation to an existing one. Either way, agreement with the Environment Agency (EA) should be sought prior to construction.
Water is increasingly becoming a valuable commodity.
Single Farm Payment (SFP) – Cross Compliance: In constructing a new reservoir, it could be possible to breach some of the conditions and requirements associated with crosscompliance. Many of these have their own statutory background so would be relevant even if SFP is not being claimed.
Habitats Directive:
Environmental Impact Assessment Regulations: Permission from Natural England will be required for reservoirs involving the movement of more than 10,000 cubic metres of earth or affecting two hectares of uncultivated or semi natural land.
Flood and Water Management Act 2010: This Act introduced powers to change the threshold for raised reservoirs from 25,000 cubic metres down to 10,000. This change has not yet been introduced, but all reservoirs are likely to be subject to a more thorough risk assessment and stricter requirements, including more inspections by panel engineers, regardless of size. Tim Isaac, Deputy Director, CLA East
An offence could be committed if any operations associated with constructing the reservoir have an impact on any European protected species - bats, newts, etc. - and the necessary checks and licences have not been obtained.
Land Drainage Act: To carry out work in, over or adjacent to an ordinary watercourse, local authority and/or EA consent must be obtained. Written consent of the EA must be obtained to install anything which may affect the flow in a watercourse such as a dam, weir, headwall or culvert.
Felling Licences: If any trees need to be removed as part of construction, a felling licence may be required in addition to considerations under the Habitats Directive; consent is necessary for any tree protected by a specific designation such as a Tree Preservation Order (TPO).
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May 2012 | Farming Monthly | 15