Planning, Developments, and Flood Risk Activity Permits

If you are a planning applicant, you will need to check if you are required to carry out a Flood Risk Assessment (FRA) for your proposed development site. This is true even if it is a Minor Development, such as an extension, or the construction of a shed or garage.

The purpose of a flood risk assessment is to determine the flood risk to a development, identify how to manage that risk, and assess the impact of the development on flooding elsewhere. It helps identify opportunities to reduce the causes and consequences of flooding and demonstrates that a proposed development is safe and sustainable.

To check if a Flood Risk Assessment is required - Flood risk assessments: applying for planning permission - GOV.UK

For other useful links that breakdown what to do if you are considering a planning application or new development:

• To see the different definitions of Minor, Non-Major and Major Developments
• See Leicester City's pages on Flood risk management. Plus Flood risk management in planning.
• As well as the Environment Agency pages on Flood risk assessment guidance for new development - GOV.UK

For more detailed information:

• Government guidance to Planning Authorities on how to address flood risk - Flood risk and coastal change - GOV.UK

If you are hoping to carry out works on/near a watercourse, culvert or flood defence, or in a floodplain, then a separate permission may be required. The type of permission needed and whether it must be sought from the Environment Agency and Lead Local Flood Authority will depend on the activity and location proposed. (Check if you need permission to do work on a river or flood defence):

1) FRAP - If the development of the site involves any activity within 8 metres of a main river, flood defence structure or culvert, then a Flood Risk Activity Permit (FRAP) may be required. Potentially, in addition to a Flood Risk Assessment / Planning Permission.

A flood risk activity permit may also be required for activity (e.g. land raising) in the floodplain of a main river, if it could affect flood flow or storage, and potential impacts are not controlled by a planning permission. This can still be the case hundreds of metres or more away from the river itself.

It is important to check, as you can be prosecuted and may be fined or go to prison if you do not get permission when you need it.

To see if you need a Flood Risk Activity Permit and how to get one - Flood risk activities: environmental permits - GOV.UK 

The purpose of a flood risk activity permit (FRAP) is to manage and control works near rivers, floodplains, and flood defences to ensure they do not adversely affect flood risk or the environment. It is a legal requirement for activities that could impede water flow, increase flood risk, or alter these watercourses and flood defences. 

2) OWC - Additionally, for works on or near an ordinary watercourse, which have the potential to obstruct flow, you must apply for Ordinary Watercourse Consent. Apply by contacting your Lead Local Flood Authority - Leicester City Council - Apply for consent to alter an Ordinary watercourse .

The Environment Agency is a statutory consultee on planning matters, providing advice on flood risk and environmental issues for local planning authorities. This includes advising on planning applications where proposed development is at risk of river or sea flooding or could affect flood risk elsewhere. 

The Environment Agency can only advise local planning authorities, these being Leicester City Council and the surrounding Leicestershire District Councils, on flood risk for planning applications. Ultimately, therefore, the local planning authority has discretion whether or not to heed to this advice.

Where major development is inappropriate in flood risk areas, we can require local planning authorities to refer planning applications to the Secretary of State for Planning.

Table displays information from Town and Country Planning 2015,  SCHEDULE 4 - Consultations before the grant of permission.