Buckinghamshire Council Land Drainage Enforcement Policy

Under the policy there is a requirement for there to be a receptor which is suffering harm and so consequently it is necessary to identify what constitutes a receptor and harm, the following paragraphs detail the criteria that needs to be met for the procedure to be followed.

For the purpose of this policy, a receptor is defined exclusively as;

‘Residential Property’ defined as any building or structure that is used for human habitation.

‘Commercial Property’ defined as any building or structure that is used for business activities.

‘Ancillary Property’ defined as any building or structure that is used for a purpose ancillary to a habitable property.

‘Critical Infrastructure’ defined as those facilities, systems, sites, information, people, networks and processes, necessary for Buckinghamshire County to function and upon which daily life depends (such as hospitals, water supply, telecommunications etc.). It also includes some functions, sites and organisations which are not critical to the maintenance of essential services, but which need protection due to the potential danger to the public.

Any other building, structure or land that, in the opinion of Buckinghamshire County Council, is considered to be of amenity value to the residents of the affected area.

For the purposes of this policy, Buckinghamshire Council considers harm to be defined as;

• damage to, or a significant threat of damage to, a receptor
• use of a receptor impacted or diminished
• any other harm that in the opinion of Buckinghamshire Council is causing either perceived or actual damage to a receptor

The level of damage to a receptor that constitutes ‘harm’ is at the discretion of BC. While damage may exist, its severity may not warrant the taking of action but that doesn’t prejudice BC from taking action later should the damage become more severe.

In the matter of unconsented works that may present a flood risk, these works may be tolerated but this does not mean retrospective consent has been granted.