Paragraph 6 I1

England and Wales

(1)

The responsible authority may by notice given to the owner—

(a)

consent to specified alterations, or alterations of a specified kind, to a designated structure or feature;

(b)

vary or withdraw consent under paragraph (a) (but not retrospectively).

(2)

The responsible authority may by notice given to the owner consent to the removal or replacement of a designated structure or feature.

(3)

The authority may give notice under sub-paragraph (1) or (2)—

(a)

on the application of the owner, or

(b)

if it otherwise thinks it appropriate.

(4)

Consent may be—

(a)

general or specific;

(b)

absolute or conditional.

F1(4A)

Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in Wales, the Environment Agency must consult the Natural Resources Body for Wales.

(4B)

Before exercising a function under this paragraph in relation to an alteration, removal or replacement which may affect a flood or coastal erosion risk in England, the Natural Resources Body for Wales must consult the Environment Agency.

(5)

The responsible authority may refuse to give consent applied for under sub-paragraph (3)(a) only on the ground that, in the authority's opinion, the proposed alteration, removal or replacement would affect a flood risk or a coastal erosion risk.

Annotations

Textual amendments

F1: Sch. 1 para. 6(4A)(4B) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 466(3) (with Sch. 7)

Commencement

I1: Sch. 1 para. 6 in force at 1.8.2012 by S.I. 2012/2000, art. 2(b)

Notes on Schedule 1

Modifications

C1: Sch. 1 excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 11
C2: Sch. 1 excluded (23.4.2025) by The Cambridge Waste Water Treatment Plant Relocation Order 2025 (S.I. 2025/452), art. 1, Sch. 17 para. 6