The Teversham Award Drains Variation Order 2025
The Teversham Award Drains Variation Order 2025 confirms a revised scheme for maintaining the Award Drain in Teversham, Cambridgeshire. The Environment Agency submitted the original plan, which was modified and subsequently confirmed by the Secretary of State.
The order transfers responsibility for maintaining the revised drain to South Cambridgeshire and Cambridge City Councils, specifying that the change takes effect upon the order's confirmation.
The schedule details the revised drain's definition, the effective date, and the councils’ joint responsibility for maintenance.
Arguments For
Improved Drainage Management: The order modifies the drainage scheme to improve efficiency and potentially reduce flood risk in the area. The alteration may resolve issues caused by existing infrastructure or development.
Clearer Responsibility: The designated councils now have clear responsibility for maintenance, preventing disputes and ensuring prompt action in case of issues. This improves accountability and may facilitate more effective preventative measures.
Legal Compliance: The order complies with the provisions of the Land Drainage Act 1991, providing a legal framework for the changes and ensuring that the necessary procedures were followed. This maintains consistency with established legal precedents and processes.
Evidence-Based Decision: The decision to vary the drainage scheme was likely made based on assessments by the Environment Agency, considering factors like land development, environmental impact, and hydrological considerations. The scheme is underpinned by appropriate assessments and evaluations.
Arguments Against
Unforeseen Consequences: Altering drainage systems can have unintended consequences, potentially impacting other areas or creating unforeseen problems further down the line. Further environmental impact and flow pattern studies may have been needed.
Financial Implications: The new maintenance responsibility may create budget strain on the councils involved, requiring additional funding and resources, especially if the new maintenance strategy is drastically different. Cost estimates for the new maintenance regime might not have been thoroughly considered.
Lack of Public Consultation: While the order mentions a notice being published to inform relevant authorities, there might not have been a sufficient public consultation process to guarantee the interests of all stakeholders are considered. This may reduce transparency and may give rise to future disagreement.
Potential for Delays: The implementation of the altered scheme may come with unforeseen delays or complications, potentially prolonging the time it takes to resolve drainage issues in the region. The feasibility of the scheme's provisions with respect to the existing infrastructure has to be considered.
Under section 32(1) of the Land Drainage Act 1991 (“the 1991 Act”)1, the Environment Agency has prepared a Scheme making provision for the matters specified in section 32(1) of the 1991 Act and submitted the Scheme to the Secretary of State for confirmation. In accordance with paragraph 2 of Schedule 3 to the 1991 Act, the Secretary of State has caused a notice of their intention to make the following Order, the place where copies of the draft Order may be inspected and obtained, and the period within which, and the manner in which, objections to the draft Order may be made, to be published and to be sent to local authorities and other relevant bodies. Accordingly, the Secretary of State makes this Order in exercise of the powers conferred under section 32(5) of the 1991 Act and now vested in the Secretary of State2.
The Environment Agency proposed a drainage scheme under the Land Drainage Act 1991.
This scheme was submitted for confirmation.
The Secretary of State published a notice about the proposed order, where it could be viewed, and instructions on how to object.
Then, using powers from the 1991 Act, the Secretary of State issued this order.
This Order may be cited as the Teversham Award Drains Variation Order 2025 and comes into force on the date of its confirmation by the Secretary of State in accordance with paragraphs 3(2) and 5(1) of Schedule 3 to the 1991 Act.
This order is officially called the Teversham Award Drains Variation Order 2025.
It will become legally effective on the day the Secretary of State confirms it, as per the Land Drainage Act 1991.
The Scheme submitted by the Environment Agency and with the modification made by the Secretary of State is confirmed.
The Scheme, as modified by the Secretary of State, is set out in the Schedule to this Order.
The Secretary of State approved the Environment Agency's drainage scheme, with some changes.
The details of the modified scheme are included in the schedule of the order.
The Scheme shall come into force on the day after the day on which the Order confirming this Scheme is confirmed.
The drainage scheme will become effective the day after the order confirming it is approved.
In this Scheme—
“the Award” means the Parish of Teversham Enclosure Award dated 20 December 1815, made pursuant to An Act for Inclosing in the Parish of Teversham in the county of Cambridge passed in 18103;
“the Award Drain” means the length of the Award Drain shown by the green line on the Scheme Plan;
“the Commencement Date” means the date on which the Scheme comes into force;
“the Revised Drain” means the length of the drain shown by the red line on the Scheme Plan;
“the Scheme Plan” means the plan marked “Teversham Enclosure Award Variation Order – Drain Six” sealed by the Environment Agency in relation to this Scheme.
This section defines key terms used in the scheme: 'the Award' refers to a historical land enclosure award; 'the Award Drain' specifies the original drain; 'the Commencement Date' indicates when the scheme takes effect; 'the Revised Drain' highlights the altered drain; and 'the Scheme Plan' points to a specific map detailing the changes.
On the Commencement Date, the obligation to cleanse, scour, repair, and maintain the Award Drain as specified in the Award shall be varied so as to substitute the length of the Award Drain with the length of the Revised Drain.
Once the scheme is in effect, responsibility for cleaning, repairing, and maintaining the drain will switch from the Award Drain to the Revised Drain as defined in the plan.
South Cambridgeshire District Council and Cambridge City Council shall be jointly responsible from the Commencement Date for the repair and maintenance of the Revised Drain in place of the Award Drain4.
Date and Time of Confirmation
Confirmation of Order
*The above Order has been published by the Secretary of State in accordance with paragraph 4 of Schedule 3 to the Land Drainage Act 1991 and no memorial relating to the Order has been presented to the Secretary of State.
The Secretary of State therefore confirms the Order in accordance with paragraph 5(1) of Schedule 3 to that Act.*
Beginning when the scheme starts, South Cambridgeshire District Council and Cambridge City Council will share responsibility for maintaining the new drain.
The final notations confirm the order’s publication and formal approval by the Secretary of State.
This Order confirms a Scheme submitted by the Environment Agency making provision to divert a length of a drain situated in the Parish of Cherry Hinton as a result of development being carried out in the area. A map showing the Award Drain and indicating the length of the drain which is the subject of this Scheme is available at the Environment Agency’s office for inspection at Bromholme Lane, Brampton, Huntington, PE28 4NE, and can be inspected between 9a.m. and 4p.m. A copy is also available online at: www.gov.uk. The Secretary of State has modified the Scheme submitted by the Environment Agency to update the names of the relevant councils to which the Order applies, as set out at paragraph 4 of the Schedule. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
This explanatory note clarifies that the order addresses a drain diversion in Cherry Hinton due to development.
It directs people to view the associated map at the Environment Agency's office or online and details a correction to the council names.
Finally, it reports that no significant impact assessment was required.