39 Incidental flooding or coastal erosion: local authorities
Flood and Water Management Act 2010 (2010 c 29) | Legislation

39  Incidental flooding or coastal erosion: local authorities

(1)     If Conditions 1 to 4 are satisfied a local authority may carry out work of a kind listed in section 3(3)(a) to (e) in a way that will or may cause—

(a)     flooding,

(b)     an increase in the amount of water below the ground, or

(c)     coastal erosion.

(2)     Condition 1 is that the authority considers the work in the interests of—

(a)     nature conservation (including conservation of the landscape),

(b)     preservation of cultural heritage, or

(c)     people's enjoyment of the environment or of cultural heritage.

(3)     Condition 2 is that the authority considers the benefits of the work will outweigh the harmful consequences for matters listed in section 2(4)(a) to (d).

(4)     Condition 3 is that—

(a)     the authority has consulted the [appropriate

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