SCHEDULE 3E+WExempt facilities and waste operations to which section 33(1)(a) of the 1990 Act does not apply: descriptions and conditions

PART 4E+WExempt flood risk activities: descriptions and conditions

FootbridgesE+W

5.—(1) The construction of footbridges.

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

(a)the length of the footbridge measured from the top of one bank of the main river to the top of the other bank is no more than 8 metres,

(b)the footbridge has no support in the watercourse, a deck width of no more than 1.5 metres and a kickerboard of no more than 100mm in height,

(c)the footbridge does not reduce the cross-sectional area of the channel in the main river,

(d)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 M1, or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 M2, that are not protected species,

(e)no works take place within 100 metres of any non-agricultural building in the floodplain or another man-made structure on or in the main river,

(f)the bed of the main river is not affected by the construction,

(g)the length of bank disturbed by the construction extends to no more than 1 metre on either side of the footbridge,

(h)the footbridge is securely attached to foundations which are no closer than 1 metre to the edge of the bank,

(i)construction of the footbridge does not require reinforcement of the bed or banks,

(j)the approach ramp or steps for the footbridge do not extend more than 4 metres from the landward side of the bank,

(k)the lowest point of the underside of the bridge is at least 600mm higher than the top of both banks of the main river,

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

(m)the height of the land at each end of the footbridge is not changed by the construction,

(n)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

(o)any parapet of the footbridge is of open construction comprising—

(i)post and rail,

(ii)post and wire mesh fencing of at least 100mm spacing, or

(iii)post and wire strands.

Marginal Citations

M22016 anaw. 3.