The Environmental Permitting (England and Wales) Regulations 2016

Repair and protection of banks using natural materials E+W

13.—(1) The repair and protection of main river banks using natural materials.

(2) For the purposes of this paragraph, the specific conditions are—

(a) the length of bank affected by the works is no more than 10 metres,

(b) the works do not include the use of steel sheet piling, concrete, cement or concrete bagwork, brickwork, gabions or non-biodegradable materials,

(c) the works do not take place within 50 metres of a bank that has been reinforced,

(d) the works do not encroach into the channel of the main river beyond the line of the bank prior to the works being carried out,

(e) when the works are finished, the height of the bank does not exceed the lower of—

(i) the height of the bank on either side of the works, and

(ii) the height of the bank prior to the works being carried out,

(f) the works are securely fastened to the bank at each end so as to prevent erosion behind the works,

(g) the works do not involve the use of vehicles or wheeled or tracked machinery on the bed or bank of the main river,

(h) the works do not have a significant adverse effect on species included in a list published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006 M1 , or by Welsh Ministers under section 7 of the Environment (Wales) Act 2016 M2 , that are not protected species,

(i) the works are not carried out in, or within 100 metres of, a water body in England that is part of a main river classified as of high morphological status by the Agency in accordance with the relevant directions, and

(j) the works are not to a bank consisting of an earth cliff over 1 metre in height.

Marginal Citations

M1 2006 c. 16.

M2 2016 anaw. 3.