- Request
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I am interested primarily in those cases where there has been a breach of the of the consent requirement of Section 23 of the Land Drainage act 1991.
In the event of a breach, I would like to know whether the breach was resolved informally, by negotiation, by retrospective consent or by the formal route of a section 24 enforcement notice.
To clarify my original request of 3rd August I have revised points 1 to 4 below to reflect the above.
Please provide the following information relating to enforcement activity under Section 23 of the Land Drainage Act 1991 within the Toller ward area of Lincolnshire, including Folkingham, Horbling and Billingborough ideally from 2018 to present.
1. In the event of a breach of section 23 I would like to know the number of breaches and whether a section 24 enforcement notice was issued followed the breach.
2. For each notice, please specify the postcode or location description where the notice was served and whether the notice was handled directly or by a delighted authority.
3. If available, please include a summary of the reason for each notice (e.g. unauthorised culvert, obstruction).
4. If no section 24 enforcement notice was issued and the breach was handled under an informal resolution process (e.g. warnings, negotiations, retrospective consent), a summary or count of those actions would also be appreciated.
If any part of this request exceeds the cost threshold, please advise which aspects can be provided within the limit and how I might refine the request - Decision
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1-4. Following a review of our records, including correlation with Black Sluice Internal Drainage Board, I can advise that Lincolnshire County Council, in its role as Lead Local Flood Authority, has not undertaken any enforcement activity (serving of notice or otherwise) pursuant to Section 24 of the Land Drainage Act 1991 (as amended) within the Toller Ward area of Lincolnshire between the range of 2018 to present.
Should information be received by the Council regarding the contravention of Section 23 of the Land Drainage Act 1991 then this will be looked into as a matter of course with action taken as appropriate to the particular matters of that case.
For the avoidance of any doubt, Section 24 of the Land Drainage Act 1991 provides the Lead Local Flood Authority for the area (in this instance Lincolnshire County Council) with the permissive power to serve notice on persons who act in contravention to Section 23 of the Land Drainage Act 1991 insofar as the watercourse concerned is not situated within an internal drainage district of an internal drainage board. This power was conferred onto Lincolnshire County Council following establishment of Lead Local Flood Authorities in 2012. Prior to 2012, this power rested with the Environment Agency.
- Reference number
- 13288621
- Date request received
- 2 September 2025
- Date of decision
- 15 September 2025