The Environmental Permitting (England and Wales) Regulations 2016

OutfallsE+W

This section has no associated Explanatory Memorandum

12.—(1) The construction of small outfall pipes and headwalls to main rivers.

(2) For the purposes of this paragraph, the specific conditions are—

(a)the headwall is not located within 50 metres of another man-made structure on or in the main river,

(b)in the case of a headwall to a non-tidal main river, the outfall pipe is aligned to an angle of between 30° and 60° to the direction of flow in the river,

(c)the diameter of the outfall pipe is less than 300mm,

(d)the height of the headwall is no more than 1.5 metres or no more than 75% of the height of the bank, whichever is less,

(e)the total length of bank affected during construction of the headwall is no more than 1.5 metres,

(f)the headwall, wing walls and apron do not project beyond the line of the bank prior to the works being carried out,

(g)the headwall is not within 8 metres of a flood defence structure or river control works,

(h)the outfall pipe does not pass through or under any culvert, remote defence, river control works or sea defence, or any raised embankment or wall forming part of the bank of the main river,

(i)all excavated material not re-used on the site of the works is removed from the floodplain,

(j)the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016, that are not protected species,

(k)the works do not occur in, or within 200 metres upstream of, a type of habitat included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016,

(l)the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(m)any pipe that discharges through the headwall does not pass within 8 metres of a flood defence structure.