Defra consults on how funding for internal drainage boards is calculated

This consultation has now closed. 

The NFU is keen to see the approval of this SI (Statutory Instrument) in parliament as it is essential that farmers have access to all possible options available to them to support their flood resilience going forwards.

Over half of the best, most fertile, farmland in Britain is in floodplains and weather events are becoming more extreme, a trend which is set to continue. We have had the most rain for any 18-month period in England since records started in 1836 with many farmers dealing with the cumulative impacts of numerous storms and continuous wet weather.

We currently have members who feel a new IDB would help with flood management and resilience in their area through locally coordinated management of lowland watercourses, but who cannot take any action to set up an IDB until this SI is in place.

Some members have now been waiting over a decade for progress in this area and there is great uncertainty around how members can continue to be flood resilient while the options this SI will provide are unavailable. Any option that can assist our members to increase their flood resilience is incredibly important to us.

The NFU is broadly in agreement with the changes proposed, including using a calculation that maintains the balance in the proportion of drainage rates and special levies charged in England.

The election procedure set out in the draft SI seems straightforward, however concerns have been raised around the publication of a statement being sufficient for notifying others when a board chooses to adopt the new calculation, so we have raised this in our consultation response.

We would like to thank all members who took the time to respond to this consultation. We recognise from the responses that there are broader concerns around drainage and drainage rates beyond the scope of this consultation and we have taken this feedback on board for our future work in this area.

NFU members can read the NFU's response in full at: Consultation on draft statutory instrument: The English Drainage Boards (Alternative Valuation Calculation) Regulations 2024 – NFU response.

A change via the Environment Act 2021 setting out a new land valuation calculation will enable more up-to-date data to be used and this requires government to consult on a draft SI.

Defra is currently accepting responses until 19 April 2024. The NFU will also be gathering member feedback via the form on this page.

This consultation will be particularly important for landowners and farmers that pay drainage rates to IDBs.

The draft SI will only apply to England and English IDBs. The Senedd Cymru will publish a separate SI covering Wales and Welsh drainage districts.

Using the new IDB calculations:

• The new valuation calculations will not replace the existing valuation calculations in the Land Drainage Act 1991, rather they will provide an alternative.
• Only new and expanding IDBs must use the new valuation calculations.
• Existing IDBs that are not expanding will be able to choose between using the existing valuation calculations they currently use or switch to using the new calculation.
• Once an IDB has decided to switch to the new valuation calculations they cannot revert back.

You can find out more and respond directly to Defra at: GOV.UK | Consultation on draft Statutory Instrument: The English Drainage Boards (Alternative Valuation Calculation) Regulations 2024.