Land drainage byelaws for landowners

We have been granted authority to operate Land Drainage Byelaws by the Department for Environment, Food and Rural Affairs (DEFRA) since 2004. For ease of reference these are simply referred to as 'the byelaws' in this document, we do not refer to any of our other byelaws.

The byelaws outline what landowners must do when undertaking works on or near to an 'ordinary watercourse'. They support the existing requirements under the Land Drainage Act 1991 and should be considered by anyone planning works or developments close to an ordinary watercourse.

An 'ordinary watercourse' is defined as every river, stream, ditch, drain, cut, dyke, sluice, sewer (other than a public sewer) and passage through which water flows and which does not form part of a 'main river'. Ordinary watercourses located within an Internal Drainage Boards operating area, will be subject to the byelaws of the operator.
The main requirements are that:

  • there is a minimum boundary width of 3 metres on each side of the ordinary watercourse, which remains undeveloped and maintained.
  • consent is granted for both permanent and temporary works which are within the 3m boundary (including under and over the watercourse),
  • the proposed works must not directly or indirectly increase the flow or volume of water to an ordinary watercourse.

Consent

For works to comply with the byelaws, we must grant consent.

The application fees for consent are set out in our accompanying 'Fees' schedule.

Fees schedule

Introduction

In accordance with our byelaws, fees are payable for assessing applications for Land Drainage Byelaw Consent (LDBC) based on the time it takes us to process the application.

How the service works

Upon receiving an LDBC application, a case officer will conduct a high-level assessment, determining the estimated fee. The applicant must accept and pay the fee before further assessments take place. As part of this process, the application may also be subject to further conditions, but these will be outlined in the officer's response.

Officer time in reviewing applications will be charged at £65.00 per hour. This also applies to pre application advice.

Typically, simple applications take less than 3 hours to assess, moderate applications 3 to 6 hours, with more complex applications taking longer.

All applications will be capped at £1040.

Variations

If circumstances change, a LDBC fee estimate can be adjusted. Changes can occur as new information about your project becomes available, however, the case officer will seek your agreement before carrying out any further work.
We encourage applicants to refer to our standing advice to avoid increases in fees. Our standing advice provides a detailed list of the information that you should submit with your application. This information helps ensure that we assess your application with accuracy and efficiently.

Charges for Site visits

Visits to site will be minimised and will only be carried out when absolutely necessary. This relies on the applicant providing suitable photographs to support their application and verifying any agreed construction works after consent has been granted.

If visits are deemed necessary, then the following fees will apply, and are in addition to those specified in the above table.

Hourly rate: £65.00 - applicable to both travelling time and time spent on site.

Car mileage allowance Fee; £0.65 per mile

All applications should provide a detailed overview of the proposed works to comply with the byelaws. Consent will only be granted if it is deemed that the proposed works do not cause an increased flood risk, or an unacceptable risk to the natural environment and conservation. If such an issue is identified, then the application is likely to be refused.

Enforcement action will be taken if:

  • you do not seek consent for the works
  • works are being undertaken when consent is not given
  • works are not carried out in accordance with the consent, or
  • we deem the works to be sub-standard.

No works should begin until consent has been granted and any associated conditions have been discharged.

Land drainage byelaw consent application

Guidance notes for Consent under Land Drainage Byelaws_Sept_2025 [pdf] 180KB

Ordinary watercourse consent - separate consenting procedure

Any works that affect the flow of an ordinary watercourse may also require consent from the Lead Local Flood Authority (West Sussex County Council). Further information about Land Drainage Consent can be found here - Ordinary watercourse land drainage consent - West Sussex County Council.

If an application is likely to also require Ordinary Watercourse Consent we will make you aware of this during the byelaw consenting process. We work in partnership with West Sussex County Council on these matters to ensure that you do not receive conflicting permissions.

What happens next?

Once an application from has been submitted, it will be sent to our drainage team.

Our team will aim to issue a response to your application within 8 weeks of the application being validated. Please ensure that all relevant information is submitted, as this will help reduce delays.

Planning applications

Planning applications will be refused if the proposed plans oppose the land drainage byelaws.

Contact us

For more information or advice, contact our drainage team.

Email: land.drainage@arun.gov.uk