Guidance

Annex C: Project Specific Conditions

Updated 23 November 2020

It is the responsibility of the Grant Recipient to ensure it is compliant with the relevant Project Specific Conditions relating to the Eligible Expenditure in this Agreement. Conditions in Annex C must be adhered to.

The fulfilment of these conditions will be reviewed by RPA before final payment can be made. Where there is evidence that the conditions have not been met, the claim for payment may be rejected.

1. Environmental Permit for Main River

You will need to provide proof of your registered Exemption or Environmental Permit with your claim, or confirmation that an exemption or permit was not required.

If you cannot provide evidence of an exemption or permit where one is required, we will not be able to pay your claim. Be aware that you are breaking the law if you operate without a permit when you should have one.

If your works involve a Main river, you may need to either register an exemption or obtain a permit from the Environment Agency prior to the commencement of those works. You can contact the Environment Agency on 03708 506 506 (call charges apply) to register an exemption or obtain a permit. You will need to provide all necessary information in support of any permit application, in particular:

• Map showing location of flood impact including grid reference and site plan;
• Detailed and dimensioned cross sectional and plan view drawings of the proposed works (in relation to the Main River);
• Method statement – how and when you will undertake the works and ensure risks to the environment are appropriately mitigated.

2. Land Drainage (Flood Defence) Consent for Ordinary Watercourse

You will need to provide proof of your Land Drainage (Flood Defence) Consent with your claim, or confirmation that a consent was not required.

If you cannot provide evidence of a consent where one is required, we will not be able to pay your claim.

If works are in, over, under or near an ordinary watercourse or flood defence, you will need to talk to the relevant consenting authority before you start work. A land drainage consent is required for:

• erecting, or altering, any mill, dam, weir or similar obstruction to the flow of any ordinary watercourse;
• constructing a culvert in any ordinary watercourse;
• altering a culvert that would affect the flow of an ordinary watercourse; or
• temporary works in an ordinary watercourse, such as scaffolding, a dam, pumping off excessive water or any major drainage work.

For works affecting an ordinary watercourse, you will need to contact either your local authority or your internal drainage board, depending where your land is located. You can find out who to contact on GOV.UK. Follow this link to access information about your local internal drainage board (IDB) and your local council.

3. Material deposited on fields

Material deposited on fields following floods may be reusable within the catchment e.g. clean stone and gravels used for repairing farm tracks without any further treatment would not be viewed as waste and would not require permission from the Environment Agency. Material that is contaminated or is otherwise unsuitable for re-use without prior treatment would be viewed as waste. Please contact the Environment Agency on 03708 506 506 (call charges apply) to discuss any removal or re-use options for waste material.

4. Natural England consent for Sites of Special Scientific Interest (SSSI) on Land and/or on ordinary watercourse

You will need to provide proof of your SSSI Consent with your claim, or confirmation that a consent was not required.

If you cannot provide evidence of a consent where one is required, we will not be able to pay your claim.

If your works are adjacent to SSSI land you should secure any necessary consent from Natural England prior to commencement.

If your works are within a SSSI ordinary watercourse and Land Drainage Consent is not required by the permitting authority, you must consult Natural England and secure any necessary SSSI consent before you start work.

5. Use of a cover crop under Reference Costs

If you have a cover crop as a reference cost within your Eligible Expenditure you:

• Cannot claim this FRF funded cover crop as part of your EFA obligations under BPS
• Cannot allow the cover crop to be grazed or harvested, it must be destroyed
• Must take photographs of the field during cultivation and as the crop is destroyed, such as when it is ploughed in. These photographs may be required as part of any inspection.

6. Works on tracks and bridges

If your works involve a track or bridge, it is your responsibility to ensure that you are the owner. If you are found not to be the owner, this item may become ineligible and we may not be able to pay grant on it or have to recover any payment made.

7. Works on tracks, bridges or gates that include a Public Right of Way (PROW)

If your works involve a track, bridge or wooden or galvanised field gate, that is also a Public Right of Way, you may be eligible to receive local highway authority/national park authority funding to reinstate the item. You are required to provide evidence from the relevant authority to confirm that you have not received funding for the item when you submit your claim. If you are unable to provide sufficient evidence with your claim, we may be unable to pay grant on this item.