Guidance

Apply to build a new hydropower scheme

The licences and permits you need, the documents you must prepare, and how to apply to build a hydropower scheme.

• From: Environment Agency and Department for Environment, Food & Rural Affairs
• Published: 10 February 2016
• Last updated: 13 December 2023 — See all updates

Applies to England

• Guidance for Northern Ireland
• Guidance for Scotland
• Guidance for Wales

If you want to build a new hydropower scheme, you need to apply to the Environment Agency for:

• an abstraction licence – if you divert or take water from a river or watercourse
• an impounding licence – if you plan to build a dam or weir to hold back the flow of an inland water, or if you plan to change an existing weir or structure as part of your scheme
• fish pass approval – if you plan to install or modify fish passes as part of your scheme
• an environmental permit for a flood risk activity or land drainage consent – when you build in, over or next to a watercourse, unless your activity is exempt

Before you apply, you can get pre-application advice from the Environment Agency to get more detailed information of what you need to send with your formal application to build a hydropower scheme.

You must contact Natural Resources Wales if any of your site is in Wales.

Designing your scheme

You must not cause harm to the environment while constructing or operating your hydropower scheme. Fish and other aquatic ecology can be very sensitive to changes in river flows.

You should employ a specialist to help you design your scheme and make your application. You can contact the British Hydropower Association or the Micro Hydro Association to get help finding a hydropower specialist.

The Environment Agency is less likely to grant a licence or permit in sites of high environmental sensitivity, like protected sites and sites where there are protected species.

The Environment Agency will only give you permission to build a scheme if you can show in your scheme’s design how you will prevent harm to the environment and other water users. You must make sure it will:

• not prevent the achievement of Water Framework Directive objectives, for example it will not damage the ecological status of water or prevent the improvement of its status – find the objectives for your local area
• not affect protected and designated sites or species in unacceptable ways, for example it will not damage habitats that are important for protected species of fish
• maintain or improve fish passage
• not affect people’s access to the water, for example anglers
• not have negative impacts on local communities, for example it must not increase the risk of flooding

Check you have rights of access

You must have rights of access to the river at the point where you plan to build your scheme.

Use weirs on upland watercourses

If you want to build or reconstruct a weir on an upland watercourse, your proposal is likely to be rejected by the Environment Agency if it’s higher than 1.5 metres.

You will need to show that your scheme will not harm the watercourse and its ecology. You need to show this in your application by providing a report containing hydrological assessments that explain:

• any changes your scheme will make to the watercourse
• how these changes will avoid causing harm to the environment

Use existing weirs on a lowland river

You must contact the Environment Agency to check that there are not any existing plans to remove the weir.

The Environment Agency will not give you permission to use an existing weir on a lowland river if your scheme will increase the risk of flooding or disrupt:

• water level controls
• use of the river, for example it must not affect the movement of boats

The Environment Agency will not give you permission to raise the height of an existing weir, unless:

• it is to compensate for any turbine drawdown
• it will improve fish passage

Build or reconstruct weirs on a lowland river

The Environment Agency is unlikely to give you permission to build or reconstruct a weir in a lowland river.

You might get permission if you can show there will not be significant impacts on the environment. Include in your proposal detailed environmental and technical assessments showing that there will be no significant impacts on:

• fish migration
• fisheries and conservation
• targets and objectives for the river under the Water Framework Directive
• sediment movement
• flood risk
• land drainage
• navigation rights
• designated habitats and species
• other people’s rights to, and uses of, water
• water ecology, for example from the creation of a pond or a lake behind the weir

You may need to get help from specialists in these areas to prepare the reports.

Use existing weirs that are used to measure river flow

The Environment Agency uses some weirs and river structures to measure river flows. If your scheme will change the flow of water across one of these structures, you must avoid affecting the accuracy of the data that the Environment Agency collects.

The Environment Agency will tell you if the weir you plan to build on is used for measuring flows when you get advice through the enhanced pre-application service before you apply for your licence.

Get advice before you apply

You will not get a licence to build a hydropower scheme from the Environment Agency unless you can satisfy them that your scheme will not harm the environment. Before you apply you can ask the Environment Agency’s pre-application advice service for help. Fill in the hydroelectric power scheme pre-application form. For more details about the costs and benefits of the enhanced pre-application service, see get advice before you apply for a water abstraction or impounding licence.

In your form, include as much of the following information as you can (you do not need to provide all this information if you do not have it):

• where your scheme is, including a site map and river name
• how you will access the river
• the type of turbines you plan to use in your scheme
• any changes you propose to an existing weir or the construction of a new weir
• the water flow that your turbines require to operate
• the amount of river water you will allow to flow when your turbines are operating
• the length of the river that may be affected by any reduced water flows
• hydrological information about your site and how your scheme will affect hydrology of the river
• details of your scheme’s design, including any fish screens and fish passes you plan to install

You need to show the Environment Agency that you have considered the local environment and other water users when designing your scheme. Do this by producing a report explaining:

• any changes your scheme will make to local conditions
• what you will do to prevent these changes causing harm to the environment and other users

Consult local communities

You should talk to local people that might be affected by your scheme before you apply. This can help you:

• gain the support of local communities
• save doing extra work to address any issues that local people may have at a later stage in the process

There are no specific requirements or standards for this consultation.

Consider talking to:

• people who use the river and groups that represent them, for example angling clubs, the Angling Trust, Canal and River Trust, Inland Waterways Association, National Association of Boat Owners, British Canoeing and the Ramblers Association
• environmental groups like rivers trusts, wildlife trusts, the Royal Society for the Protection of Birds (RSPB) and people who manage any Areas of Outstanding Natural Beauty
• the district network operator - the company that distributes electricity in the area of your scheme
• neighbouring local planning authorities - if your proposal is on a river which is a local planning authority boundary

Apply for licences, approvals, permits and consents

If you ask for enhanced pre-application advice, the Environment Agency will tell you which licences, approvals, permits and consents you need for the scheme you plan to build. You should apply for these at the same time as applying for planning permission. Many of the documents you complete for your applications to the Environment Agency may also be needed when you apply for planning permission.

Apply for an abstraction or impounding licence

Most hydropower schemes will need a water resources abstraction licence or impounding licence. To apply for a licence, complete hydroelectric power schemes application form (WR317) – about you.

You’ll also need to the complete the following water resources licence application forms:

• Part B application for a water resources abstraction licence – about the abstraction (abstraction licences only)
• Part C application for a water resources abstraction licence – additional information such as the duration of the licence, water use and how you will measure what you have abstracted (abstraction licences only)
• Part D application for a water resources impoundment licence – about your impounding proposal (impoundment licences only)
• Part E application charge for water resources licence – your application charge

Include these with your application:

• hydrological assessment
• environmental report with assessments of the impacts of your scheme on ecology, fish passage and Water Framework Directive objectives, including geomorphology and a weir pool assessment (unless the Environment Agency tells you through the enhanced pre-application advice service that you don’t need one)
• fish screen design proposal or an explanation of why you are not proposing to include a fish screen in your scheme
• site plan

The Environment Agency might ask you to provide more information after you apply. For example, if something has changed:

• in the environment
• in your proposal since you got pre-application advice

Apply for fish pass approval

The Environment Agency must approve the design and size of any fish passes you propose to use, including eel passes.

See the guidance on fish pass approval for how to apply.

Charges

When you apply for a new abstraction or impounding licence, or want to vary your existing abstraction or impounding licence, you must pay an application charge.

Use the guidance on the charges for water resources licences to work out your application charge. You may have to pay additional charges during determination if the Environment Agency need to carry out extra work. For example, completing conservation assessments or advertising the application.

The Environment Agency must publish notices of some applications in the local newspaper and on GOV.UK. See the current notices of water resources licence applications.

After you apply

The Environment Agency will check your application forms and supporting documents. If you do not fill them in correctly, they may:

• return them to you
• request further information from you

The Environment Agency will usually make a decision on your application within 4 months. If your application is complex, it needs to be advertised or there is a queue of applications, it may take longer. If this applies to you, the Environment Agency will tell you and may ask you to agree an extension of time for their decision.

If you are granted a licence, you will receive it as a PDF by email. You can also manage your licences online.

Successful applications

The Environment Agency will give you conditions within which you must build and operate your scheme.

The Environment Agency will tell you:

• the volumes of water that you can divert to your turbines, during what periods and under what flow conditions
• what measuring devices or telemetry you will need to use to prove you are complying with the conditions
• the environmental protection and mitigation measures you must provide, like fish or eel screens or passage
• how long your licences are valid for
• the times of year when you will be allowed to work in the river
• what information you must provide each year and, for some schemes, details of environmental monitoring you will need to do after installation

The Environment Agency might visit your site during construction and before and after your scheme starts operating. You must comply with your water abstraction or impoundment licence conditions.

Precautions for fish passage

The Environment Agency may ask you to design your scheme so that additional water flow will be available for a fish pass even if you do not need to include a fish pass when you build your scheme.

This is because the Environment Agency might in future need to improve fish passage in the river as part of wider environmental programmes.

Record keeping

You must keep a record of evidence that proves you are operating your scheme according to the conditions in your licence. The type of records you must keep will be specified in the licence. The Environment Agency can ask you for these details at any time.

You must submit these details in an annual report to the Environment Agency. Your reporting requirements will be written in your licence.

You must show:

• that your scheme does not abstract more than the maximum amounts agreed with the Environment Agency
• that the hands off flow does not fall below the required level written in your licence (this is a technical specification that the Environment Agency agree with you before granting your licence)
• the amount of water your scheme uses in cubic meters per hour
• the amount of electricity your scheme generates

Check for environmental impacts

The Environment Agency might ask you to do environmental monitoring to measure how your scheme changes the local environment when it’s in operation. These requirements will be included in your abstraction or impounding licence. You may need to stop operating your scheme if you fail these inspections.

The Environment Agency might ask you to:

• record local ecological conditions, such as changes to fish populations and sensitive plants and ferns, over a number of years
• change the way you run your scheme and potentially mitigate any impacts if the monitoring shows it’s causing environmental damage

If you are refused a licence

The Environment Agency will write to you if they refuse to give you a licence for your scheme. You can appeal against this decision - details are given in the letter you receive.

Contact the Environment Agency

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email [email protected]

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.

Published 10 February 2016
Last updated 13 December 2023 + show all updates

1. 13 December 2023

   Clarified how the Environment Agency provides advice through the enhanced pre-application service. Clarified the application form requirements for abstraction and impounding licences. Added information on what happens after you apply, and what we may include in licence conditions. Added links to flood risk activity and fish pass approval guidance. Removed duplicate guidance from the page.

2. 1 April 2022

   Updated the charges information for hydroelectric power schemes.

3. 15 November 2021

   Edited the section 'Get advice before you apply': From 1 April 2021, when you send the Environment Agency your pre-application form they will send you a standard reply with information to help you complete your application. This service will continue until at least 31 March 2022.

4. 20 April 2021

   Edited the section 'Get advice before you apply' - From 1 April 2021, when you send the Environment Agency your pre-application form they will send you a standard reply with information to help you complete your application. They will review this service on 30 September 2021.

5. 3 April 2018

   Updated fees section with what the Environment Agency will charge you when they need to advertise your application.

6. 5 May 2016

   Flood defence consents have been replaced by environmental permitting regulations for flood risk activities.

7. 10 February 2016

   First published.