Drainage and flooding

Regulating ordinary watercourses in Cheshire West and Chester

Watercourses can be split into those classified as 'main rivers' and those classified as 'ordinary watercourses'. It is important to understand and check the classification of a watercourse so the responsible body for their regulation can be identified.

Checking the classification of a watercourse

There is no national map of ordinary watercourses, but ordinary watercourses are those which have not been designated as a ‘main river’ on the Environment Agency's statutory main river map.

Not all ordinary watercourses are mapped and they do not have to be recorded on a map to be an ordinary watercourse, and commonly are not.

If you are looking to make an alteration to a watercourse and are unsure of its classification, please contact us by email at landdrainageconsents@cheshirewestandchester.gov.uk. 

Main rivers

Watercourses which are classified as a 'main river' are regulated separately by the Environment Agency and do not form part of the county council's regulation.

You will need to report an issue on a main river or apply for a permit for alterations to a main river directly to the Environment Agency.

Ordinary watercourses

Watercourses that are classified as 'ordinary watercourses' in Cheshire West are regulated by us.

Our role in regulating ordinary watercourses includes processing applications for consent for certain changes to an ordinary watercourse that might obstruct or alter the flow, and use of enforcement powers to rectify unlawful and potentially damaging works to ordinary watercourses.

Owning an ordinary watercourse

If you have an ordinary watercourse which runs through, beneath or adjacent to the boundary of your property, you are a 'riparian owner'. Each riparian owner is responsible for the stretch of watercourse they own and for its ongoing maintenance.

Riparian owners have certain rights and responsibilities. More information about these can be found on the Gov.UK website or The Flood Hub.

Reporting an issue with an ordinary watercourse

We have powers to take enforcement action in connection with ordinary watercourses. The purpose of enforcement is to ensure there is proper flow of water in an ordinary watercourse unless the impediment, such as a nature-based solution, is consented and designed to impede the flow.

To report an issue on a watercourse classified as an 'ordinary watercourse', please contact us via email at llfa@cheshirewestandchester.gov.uk.

Applying for ordinary watercourse consent

Please note: consent must be obtained before any consentable works to the ordinary watercourse begin.

Section 23 of the Land Drainage Act 1991 requires written consent to be obtained from the county council as the Lead Local Flood Authority (LLFA) for the area prior to undertaking certain works to an ordinary watercourse. It is an offence to carry out works without the appropriate consent.

This includes permanent or temporary works and may also include repairs to certain existing structures and maintenance works. 

Any works constructed prior to the formal written consent of the county council are and will remain unconsented in perpetuity and may be subject to enforcement action under Section 24 of the Land Drainage Act 1991 (as amended). There is no legal provision for consent to be granted retrospectively once the works have begun construction or have been completed.

Even if you have planning permission or other permits you must obtain consent from us for consentable work to an ordinary watercourse.

Please note that if you fail to provide the minimum level of information we require for a valid application, then your application will be returned to you and consent for your works will be refused.

We reserve the right to request additional information from you depending on the type and location of works proposed. If this is the case, then we will contact you to tell you what additional information we need from you and why.