Strange sight on the South Oxrord

[Tecka]

Whatever the nature of the ownership, it seems for those by EA waters, they should consult before embarking on plans that may have effects on the watercourse and the integrity of the bank boundary.

 

 

This is a very interesting discussion. I have completed works near rivers before did need EA permission (10m within river generally, changes with area, I worked within 8m) These works were footpath improvement, reinstatement of a wildflower meadow and releasing Brown Trout into the watercourse. On each occasion I found the process fairly simple and the EA understanding. Having said that the EA did sit on the steering group for the restoration project, declining permission would have looked a little odd to say the least.

 

Becoming more interested I've dug a little and found this https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/290145/pmho1107bnkg-e-e.pdf A brief read through and it basically needs permission for works within the designated boundary to main river or flood defense.

 

Having found (I think) the equivalent CaRT document https://canalrivertrust.org.uk/media/library/2949.pdf the only reference to distance appears to be 'neighboring property' which could in theory mean CaRT can insist on being involved with works a significant distance away that has no impact on the waterways.

 

This poses the question regarding watercourses that are both canal and flood defense (I accept hydrologically speaking any watercourse can be technically argued to be flood defense), would EA permission override withheld CaRT or vice-versa?

Edited October 31, 2015 by Tecka

[David Mack]

That EA document refers to land or property next to a river, stream or ditch so is not relevant to canals (but is to CRT river navigations).

[Higgs]

That EA document refers to land or property next to a river, stream or ditch so is not relevant to canals (but is to CRT river navigations).

 

 

I think it probably is relevant in spirit. That is, a responsibility of the owner to consult those whose boundary any work may effect. This point may or may not have been tested in this case.

[Paul C]

Party Wall Act 1996 may apply - its normally for work near/adjoining buildings, but also covers "structures" too.

[Tecka]

That EA document refers to land or property next to a river, stream or ditch so is not relevant to canals (but is to CRT river navigations).

 

 

I read it slightly differently

 

There is a line on page one that states

 

'Surface waters include rivers, streams/burns, dry ditches, lakes/lochs, loughs, reservoirs, ponds, canals, estuaries and coastal waters'

 

 

I may be wrong but it seems to be that the document posted doesn't really care about riparian rights, simply the levels of pollutant in the watercourse.

 

My question remains, can EA override CaRT or vice-versa, lets assume we are talking a section of the GU Leicester branch which is CaRT controlled and also main river? Theoretical question, out of interest only.