Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

authorities definition

What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...

Flood defences and drainage: legal frameworks, regulators, consents, planning, maintenance, removal, liabilities, SuDS, and policy and funding updates (England and Wales)

Published by a LexisNexis Environment expert

Practice notes

Background

This Practice Note sets out the main legislation, organisations and legal principles to bear in mind when planning, maintaining and dismantling flood defences. It does not explore environmental permitting or planning permission in depth. For permitting detail, see Practice Notes: Environmental Permitting—flood risk activities and Flooding—flood risk and development.

What is a flood defence?

A flood defence is any asset or feature intended, built or kept to manage flood risk by controlling, hindering or diverting the passage of water. Examples include:

embankments
flood walls
sluices
culverts
barriers
flood storage reservoirs
artificial channels

Flood defences can be temporary or permanent and may sit within a broader suite of flood risk management infrastructure.

Key flood defence law

Key legislation relevant to flood defences includes:

Coast Protection Act 1949 — grants coast protection authorities general powers to carry out coast protection works and to authorise others to undertake such works
Water Resources Act 1991, sections 165–167 — provides the Environment agency (EA) and Natural Resources Wales (NRW) with powers to undertake works to tackle flood risks, including construction, Maintenance and improvement...

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Michael Bowes

6 Pump Court

Dr Michael Bowes has extensive experience in law including: Infrastructure, Energy, Planning, Environmental, Commercial and Competition. In addition, he has considerable experience in Water Law and is recognised as an industry expert. He provides advice to the top level of those in Law and Industry.He currently works at 6 Pump Court Chambers as a barrister. Michael joined Chambers from a long and successful career in private practice. He qualified as a solicitor in 2007. During the previous decade, he worked with Eversheds Sutherland LLP and BCLP LLP as a senior regulatory specialist. He led teams in Nationally Significant Infrastructure Projects to include Development Consent Orders and Transport Works Act Orders. Previous to this, he worked as a lawyer with international organisations (The United Nations, The Council of Europe) and private organisations (fund management, private enterprise, private practice). He has also taught...

Web page updated on 21/05/2026

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