Following a formal legal process the rivers Babingley, Ingol and Heacham in Norfolk have been formally reclassified from ‘Main River’ to ‘Ordinary Watercourse’.

The final decision was approved by the Anglian (Central) Regional Flood & Coastal Committee and Defra through the Secretary of State.

The new arrangement supports the Government’s ‘localism’ agenda in that it would transfer flood risk management powers and responsibilities to the local community (in the form of the IDB) and would allow local beneficiaries to fund and prioritise river maintenance works.

The new agreement will mean that the King’s Lynn Internal Drainage Board, under the Land Drainage Act (Section 14), will have ‘permissive powers’ to carry out maintenance on the three watercourses. They will not, however, have a statutory ‘duty’ to carry out work.

The King’s Lynn Internal Drainage Board’s Byelaws (KLIDBB) will now apply along the watercourses. Plans to undertake any works within 9 metres to either side of any of the watercourses are likely to require prior written consent from the Board. The Environment Agency’s Byelaws will also still apply if the proposed works are within 9 metres of any sea defence. The primary responsibility for maintenance of a watercourse in common law still rests with the riparian landowner.

Phil Camamile, Chief Executive for the Water Management Alliance, said:

We are delighted that the 3 rivers have finally come home! We will be working with the Norfolk Rivers Trust and other partners to develop a maintenance programme for them, which we are very optimistic about. We would welcome other opportunities to work with the Environment Agency in this way.

Julie Foley, Area Manager for the Environment Agency, said the Agency was happy to work with the King’s Lynn Internal Drainage Board to provide an alternative solution for the maintenance of the  watercourses.