Planning Act 2008

Water

27 Dams and reservoirs

(1) The construction of a dam or reservoir is within section 14(1)(m) only if—

(a) the dam or reservoir (when constructed) will be in England,

(b) the construction will be carried out by one or more water undertakers, and

(c) the volume of water to be held back by the dam or stored in the reservoir is expected to exceed 10 million cubic metres.

(2) The alteration of a dam or reservoir is within section 14(1)(m) only if—

(a) the dam or reservoir is in England,

(b) the alteration will be carried out by one or more water undertakers, and

(c) the additional volume of water to be held back by the dam or stored in the reservoir as a result of the alteration is expected to exceed 10 million cubic metres.

(3) “Water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991 (c. 56).

28 Transfer of water resources

(1) Development relating to the transfer of water resources is within section 14(1)(n) only if—

(a) the development will be carried out in England by one or more water undertakers,

(b) the volume of water to be transferred as a result of the development is expected to exceed 100 million cubic metres per year,

(c) the development will enable the transfer of water resources—

(i) between river basins in England,

(ii) between water undertakers' areas in England, or

(iii) between a river basin in England and a water undertaker’s area in England, and

(d) the development does not relate to the transfer of drinking water.

(2) In this section—

• “river basin” means an area of land drained by a river and its tributaries;

• “water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991;

• “water undertaker’s area” means the area for which a water undertaker is appointed under that Act.