Planning permission
Small garden ponds are not subject to regulation. Ponds in school grounds are not normally subject to planning permission, but any work should be done in consultation with the Education Authority.
The situation regarding farm ponds is unclear. On agricultural holdings, classified as agricultural land over 0.4 ha, pond creation for agricultural or nature conservation purposes may be regarded as a permitted engineering operation, and not subject to consent. Pond creation for other purposes may require permission. Agricultural purposes include supplying water for livestock, storage of water for firefighting and fish farming. A pond created for any other use, or a pond whose use changes from any of the above uses, may be subject to planning permission. As a general guide, if the pond can be created using machinery normally available on the farm, and is for nature conservation or agricultural use, it will not require planning permission. It must not however be within 25m of a trunk or classified road. If heavy machinery is needed, or the pond is greater than 0.25 ha, the local planning authority should be consulted in case consent is needed.
Other permissions
Any work on a Site of Special Scientific Interest (SSSI) or, in Northern Ireland, Area of Special Scientific Interest (ASSI) is subject to approval by the statutory nature conservation body (English Nature, Scottish Natural Heritage, Countryside Council for Wales or the Department of the Environment for Northern Ireland). Pond creation in National Parks in subject to approval by the National Park Authority.
Any pond creation on the floodplain of, or close to, a watercourse, can only be done in consultation with EA, SEPA or the DoE (NI).
