Clause 5 - Existing impounding works

Part of Water Bill [Lords] – in a Public Bill Committee at 11:15 am on 16 September 2003.

Alert me about debates like this

Photo of Elliot Morley Elliot Morley Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs 11:15, 16 September 2003

Yes, because impounding takes place where there is water flow. If a person digs a hole, that is somewhat different, unless they are affecting the water table.

People might want to impound for ornamental purposes, and the Bill does not prevent them from doing so, but they must apply for a licence. We need to consider the potential effects on the ecology of even very small streams, which must be protected. The measure would not generally apply to swimming pools, which come under separate planning controls; in some cases, water authorities insist on compulsory metering for swimming pools. There are cases of swimming pools that are designed by impounding to have a flow through them. I saw a design for a swimming pond that cost £20,000—one could buy a house in certain parts of the country for that kind of money, so I am not so sure that that is a good use of resources.

Clause 5 provides the agency with a new power to serve notice to require that an impounding licence be obtained. Such licensing is generally for impounding works that never had a licence, because they happened before the current legislation took effect, but may now be causing a problem. Failure to comply with such a notice will be an offence. Clause 6 provides the agency with the power to serve a works notice.