River bank construction for mooring on EA waters

[Alastair]

What control or say does the EA have over minor bank works to make a river bank suitable for mooring? 

 

I'm thinking of mooring posts and rings, wooden strakes along the bank side (it is hard-face already).

 

I've read through the EA site, and it isn't clear about this. Says that 'permission might be required for mooring', but nothing regarding any bankside works.

Edited February 17, 2020 by Alastair

[Alan de Enfield]

I have seen it - some years ago, but something to the effect of they MUST approve any 'development' to "ensure that it does not interfere with navigation or impede or affect the flow of water" or words to that effect.

 

No idea where I saw it, maybe a good idea to just ask them ?

 

You would also need to talk with the local authority as planning permission is likely to be required for 'change of use'.

Is this for residential or leisure use ?

 

I'll have a look thru my 'stuff' and will add info if I find anything.

Edited February 17, 2020 by Alan de Enfield

[Alan de Enfield]

 

 

Found it :

 

3.3 Flood defence consent
The Water Resources Act 1991 and associated bye-laws require that formal consent is obtained from the Environment Agency for all works in, over, under or adjacent to main rivers*. This is to ensure that such activities do not cause or make worse an existing flooding problem, interfere with the Environment Agency’s work, and do not adversely affect the local environment, fisheries, wildlife, and flood defences. These consents are referred to as ‘flood defence consents’; in the past they were sometimes called ‘land drainage consents’, after the old legislation that applied.
Potential plans should be discussed with the Environment Agency as early as possible. The Environment Agency will want to see full details of the proposed work at least two months before the intended construction start date. Talking to the Environment Agency early on helps avoid delays and wasted effort. Once preliminary details have been agreed, a full application will be required. The application must be returned with the appropriate fee. Contact details for local Environment Agency offices and details of the charges can be obtained by calling the Environment Agency. The Environment Agency will not approve works that it considers would harm the environment or would increase flood risk – even if the works appear to be sound from an engineering or structural point of view. The Environment Agency discourages the culverting of watercourses, and promotes ‘soft engineering’ methods to control erosion. For example, the Environment Agency prefers the use of natural materials such as woven willow spiling or natural planting to limit erosion where practical, rather than steel sheet piles, unless conditions at the location require that piles are used. An appeal procedure is available where the Environment Agency refuses consent and the applicant considers that the consent has been withheld unreasonably. Such appeals are heard by an agreed independent arbitrator.

 

*On non-main river consents may be required from Internal Drainage Boards under Section 23 of the Land Drainage Act 1991

 

Work must not be carried out without Environment Agency consent. If it is then the consequences can be expensive. The Environment Agency can reclaim from the developer the cost of whatever action it decides is necessary to remove or alter the work. Or, the Environment Agency can require the developer to put things right. Carrying out works without prior consent or failing to rectify problems may be a criminal offence. Flood defence consent only covers the impact of the structure on flood risk and the environment:  The Environment Agency does not confirm that a proposed structure is of sound design;  The Environment Agency does not check whether a plan complies with other legislation, such as health and safety;  The Environment Agency consent does not allow works to be carried out on land or rivers that the applicant does not own. The landowner’s permission must also be obtained.

Edited February 17, 2020 by Alan de Enfield

[Alastair]

Thanks - I'd found most of that.

 

Looking at pictures of the site, it is lined with trees. They would need cutting back to make moorings safe. Doubt the EA would approve that!

[Alan de Enfield]

45 minutes ago, Alastair said:

Thanks - I'd found most of that.

 

Looking at pictures of the site, it is lined with trees. They would need cutting back to make moorings safe. Doubt the EA would approve that!

 

You still have not said if it is residential or 'leisure' use.

 

A bit more :

 

3.6 Other requirements specific to the location of the mooring site
Development at particular mooring sites may raise other considerations requiring separate consent regimes. These should normally be identified by the local authority or the navigation authority. Examples of some issues are given below: 

Listed Building,

Conservation Area issues; 

Fisheries; 

Nature conservation; 

Navigational and waterway management issues; 

Health and safety; 

Water supply, boat traffic impact.

 

 

Unless you personally own the land it may be difficult.

In effect you are looking at an 'End of Garden Mooring' to which the EA rules state :

 

The Environment Agency owns the water space but not the land access to the mooring; T

The boat is moored against the boat owner’s property.

Mooring is for the exclusive use of the owner/occupiers craft and cannot be used by other parties.

Mooring is parallel to bankline.

Environment Agency accommodation licence is required for any landing stage or other riverworks.

All riverworks licences are personal and non-assignable in the event of change of riverbank ownership.

New riverbank owner must apply for fresh personal licence.

[David Mack]

In most case the riparian landowner owns to the middle of the river, and so EA will not own the water space.

I'm sure there are thousands of small jetties, anglers platforms etc on main rivers all over the country that have no EA consent and have not caused any issues.

[OldGoat]

Why not approach the EA directly?

Certainly in my area - Thames - the  local staff are most approachable - especially if you show concern for making whatever you do doesn't affect the river.

Yes, there will be a lot of paper pushing...

[Alan de Enfield]

35 minutes ago, David Mack said:

In most case the riparian landowner owns to the middle of the river, and so EA will not own the water space.

I'm sure there are thousands of small jetties, anglers platforms etc on main rivers all over the country that have no EA consent and have not caused any issues.

Correct, (except that the riparian owner owns the LAND to the middle of the river but not the water above it) but, the EA is responsible for ensuring the free-flow of water and under the 1991 Act they can grant or refuse a mooring or alterations to the river bank which may impinge of the flow.

 

 

Edited February 17, 2020 by Alan de Enfield

[PaulJ]

1 hour ago, Alastair said:

Thanks - I'd found most of that.

 

Looking at pictures of the site, it is lined with trees. They would need cutting back to make moorings safe. Doubt the EA would approve that!

As long as you are not trying to get the EA to cut the trees down I think given the lack of manpower/resources,  they would welcome it!

 

[Alastair]

Seems it is a moot point - I did some more digging and the mooring strip is now shown as 'sale agreed'.