Parts of three Local Planning Authorities (LPAs) fall within the Internal Drainage District. These are Folkestone and Hythe District Council, Rother District Council, and Ashford Borough Council.

The Board comments on local development via the planning system only when requested by the LPAs as the IDB is not a statutory consultee. The Board’s aim is to ensure that by taking an active role in the planning process that all relevant planning applications are:

• compatible with the Board’s management and operation of the land drainage system
• hydrologically appropriate
• compatible with surrounding land use
• not likely to increase flood risk to land or communities elsewhere in the IDD
• compatible with the Board’s environmental protection Duties.

Board participation in the process also prevents conflicts between the Board’s regulatory process (watercourse consenting) and the planning system. The Board is not a statutory consultee in the planning process which can be problematic. Although the LPAs defer planning applications within the IDD to the Board as a courtesy, there have been instances when they have failed to which has necessitated costly design revisions and impacted programmes. To avoid such situations the Board provides free pre-planning application advice to individuals, developers and consultants to ensure that all development is aligned with the five factors listed above.

When the Board will comment on a planning application

The Board does not support or oppose planning applications. Input is limited to comments relating to the five aforementioned factors. Generally, the Board will comment on a planning application if the:

• footprint of any part of the proposal is within 8m of an adopted watercourse.
• proposal would result in the obstruction of a Board plant tracking route.
• proposal requires either permanent or temporary works within the trapezoidal section of any adopted channel or OWC within the IDD.
• proposal may increase flow, flood risk or result in the displacement of flood water.
• proposal could accelerate the discharge of surface water into the land drainage system.
• area designated for the proposal is affected by poor drainage or there is a history of pluvial and/or fluvial flooding.

Comments typically flag problematic designs, request more information if detail is lacking or state if Board consent is required for any element of a proposal. If an application is particularly complex the Board may also request that the applicant contacts the Board directly.

Advice to LPAs and those planning development

Although the following advice is predominantly for LPAs, it will also be of benefit for those who are planning development or who will be applying for planning permission. IDBs are not statutory consultees in the planning process which means IDB are not always consulted by the LPAs. To avoid regulatory conflicts between the planning process and the Boards regulatory / consenting processes, please be aware of the following:

• If the site of an application is within the Internal Drainage District, any proposal including elements whether permanent or temporary, that will occur in, over or under any Petty Sewer or Lesser Sewer will require consent.
• Any application proposing development within 8m of an IDB adopted Petty or Lesser Sewer, or within 8m of the landward toe of a flood bank that lies within 8m a Board Sewer requires IDB consent under IDB Byelaw 10. Development includes (but is not limited to) the erection of non-permanent outbuildings, construction of paved areas, erection of fences and the planting of trees, shrubs or hedgerows.
• Any surface water or treated foul discharge to any watercourse within the IDD requires Board Consent under Board Byelaw 3 and may be liable to payment of a Surface Water Development Contribution
• When soakaways are proposed for the disposal of surface water the Board urges that this is supported with percolation testing as per BRE 365. Soakaways are not effective in many areas across the IDD owing to low ground levels combined with a high water table level.

Applications granted planning permission could prove to be undeliverable if Board requirements cannot be met later. The Board recommends that all land drainage consents are sought and granted prior to the final decision on any relevant planning application. The RMAIDB will always provide pertinent information on a formal or informal basis to LPAs (and those planning to undertake development) to inform their processes if requested to prevent such unfortunate events.