Ordinary Watercourse Consenting

Under the Flood and Water Management Act 2010, Rhondda Cynon Taf County Borough Council as the Lead Local Flood Authority (LLFA) is the consenting authority for proposed works within a watercourse, which require consent under Section 23 of the Land Drainage Act 1991. These works may include a new culvert, weir, dam, pond or other structure or a change to the alignment or the bank of a watercourse which affects the flow of water within the channel.

The purpose of ordinary watercourse regulation is to control certain activities that may have an adverse impact of flood risk and the environment.

What is an Ordinary Watercourse?

An ordinary watercourse is defined as a watercourse that does not form part of a main river. This includes streams, ditches, drains, cuts, culverts, dikes, sluices, sewers (other than public sewers) and passages, through which water flows.

If you intend to carry out works on a main river, you will need to apply for consent from the appropriate body, Natural Resources Wales. You can check if a watercourse is classified as a Main River using Natural Resources Wales flood map. 

Do I need Ordinary Watercourse Consent?

Any works that directly affect the flow of water in an ordinary watercourse will require consent. This includes any permanent and/or temporary works.

Appendix A of the Ordinary Watercourse Guidance provides a list of consentable and non-consentable activities.

Please note, even if you have planning permission, or any other forms of consent, you may still require consent for works to ordinary watercourses.

If you are unsure as to whether you need consent, please contact RCTOWC@rctcbc.gov.uk to seek advice.

How do I apply?

In order to submit your application, please fill in the Ordinary Watercourse Consent Application form.

You will need to include several supporting documents with your application. Without this information, it is likely that your application will be refused, so make sure you have everything you need before you apply.

You can view the Guidance Notes and the Culverting Policy for guidance or contact us for further support on what supporting documents are needed.

How is consent administered?

To obtain consent, a fee of £50 per structure is to be paid. When a fully complete application is received including payment, applications have a statutory 2 month determination period from the date of payment. An application may be granted, denied or granted with conditions and a timescale will be given for the works to take place in.

If you are not informed of a decision before this deadline, the consent is automatically granted.

If you are unsure on how many structures your plans will involve or what you need to pay for, please contact us.

When do I need to apply?

Consent must be granted before any works are undertaken. We cannot grant consent retrospectively for works that have been completed or are already underway. If works are carried out without consent, then we may legally require that the watercourse be returned to its original state. Further information on the Council’s enforcement powers in relation to the regulation of ordinary watercourses can be found on our Land Drainage Enforcement page.

What will be considered in the application?

The Council will consider the impact the works may have on flood risk and the environment. The applicant is required to arrange the works so that there is no increase in flood risk to third parties and to ensure they have consent and permission of any landowners and occupiers affected by the works.

We will check if required assessments have been conducted, such as a Water Framework Directive Assessment or an Environmental Impact Assessment (RCTCBC can give general advice on what assessments should be carried out but ultimately it is the Developers responsibility to conduct them).

If the works is located in a SSSI (Site of Special Scientific Interest), SAC (Special Area of Conservation) or SPA (Special Protected Area), RCTCBC will consult with Natural Resources Wales (NRW). If, however, the works are taking place on a site with protected species, the applicant must contact Natural Resources Wales (NRW) directly in case the works require a licence under the protected species legislation.

Reasons your application could be refused

RCTCBC has a general presumption against culverting (piping) of Ordinary Watercourses. In order for approval to be granted, a valid reason for the proposed work must be supplied when an application is made. If other alternatives to culverting have been discounted, evidence of this should be provided. Further information is available within our Culverting Policy.

Sufficient information and rationale must be provided in order for applications to be assessed. Applications may be refused for a number of reasons, including but not limited to:

• The works cause an increase in flood risk at the location of the works or elsewhere.
• Insufficient information submitted to allow an assessment to be made of an application.
• Adverse impacts on ecology and biodiversity or water quality - linked to the Water Framework Directive.
• Viable alternatives may exist which cause less impact to the ordinary watercourse (like retaining an open channel over culverting).

If your application is refused, you have the right to appeal our decision under Section 23(5) of the Land Drainage Act 1991. Alternatively, you can make a new application straight away.

Contact Details

Rhondda Cynon Taf encourages the public to take part in discussions with us in advance of the consent application. By having a pre-application discussion, options can be considered that do not require consent that has no adverse effect on the watercourse. If consent is still required, pre-application discussions can ensure that applicants fully understand the requirements and any potential alternative ways of undertaking the works that does not require consent.

For more information or enquiries relating to the consenting process, pre-consent discussions and consent submissions, please contact Rhondda Cynon Taf County Borough Council using the contact details below: