By Catherine Thorpe and Ella Moseley
Following the publication of the Independent Water Commision Report (Cunliffe Review) on 21st July 2025, Catherine Thorpe (Director of Environmental Engineering in the Infrastructure team) and Ella Moseley (Ecology Director in the Environment Team) have reviewed the published recommendations against the existing Water Framework Directive (WFD) legislation to explain what the WFD is, when a WFD assessment is required and what the future for the WFD may be.
Existing WFD
The WFD was originally an EU law which has been retained by the Flood and Water Regulations 2019 since the UK left the EU. It is legal legislation which intends to prevent deterioration in the status of aquatic ecosystems, protect them and improve their ecological condition. The legislation covers all groundwater and surface water bodies, including artificial water bodies such as canals and reservoirs.
The aim of the WFD is to achieve a classification of “Good” status or potential for all water bodies by 2027. The classification of water bodies is determined by the Environment Agency or Natural Resource Wales as part of River Basin Management Plans (note the legislation does not apply in Scotland), by assessing the biology (numbers of aquatic plants and animals), physio-chemistry (dissolved oxygen and nutrient levels) and hydromorphology (the flow of water, sediment and continuity) of water bodies.
When is a WFD assessment required?
Any proposed works which have the potential to reduce the classification or prevent the target classification being achieved must be assessed under the WFD. Examples of types of development which may trigger the need for a WFD assessment include:
- Proposed watercourse crossings
- Development in close proximity to watercourses
- Watercourse diversion
- River restoration
- Natural flood management
- Culverting or de-culverting.
The WFD assessment process is split into stages, much like the Environment Impact Assessment process:
- Screening – aims to exclude activities that have no potential to result in deterioration or limit the potential to achieve improvement.
- Scoping – for all elements screened in, it must be established if the potential effects would be non-temporary and/or significant for the scale of the waterbody
- Impact Assessment – to consider the identified effects in more detail and advise on mitigation.
It is most commonly at the Impact Assessment stage where it is necessary to obtain site specific ecological and hydromorphological data such as:
- Habitat Surveys
- Water Quality Surveys
- Aquatic Species Surveys
- Geomorphology Surveys
- River Condition Assessments.
The findings of these surveys then inform the mitigation design. This could include the introduction of mammal ledges, fish passes, ecological corridors, geomorphological features, upstream pollution prevention or Sustainable Drainage Systems (SuDS).
It is important to consider the requirements of the WFD early in the planning process, (particularly where seasonal ecological data is required) to prevent planning refusal, abortive work or programme delays.
The future of the WFD
The River Basin Management Plans and the WFD operate on a six-year cycle, with the next and last scheduled cycle fast approaching in 2027. At the last classification cycle in 2021, only 16% of water bodies assessed in England and 40% in Wales achieved the required status. Given current progress, it is not expected that the 2027 targets will be met. The WFD regulations will still apply beyond 2027 but there is currently no statutory provision or plan on how the objectives will be achieved. The Cunliffe Review highlights the need for an overarching statutory target for water body health which extends beyond 2027. The review also highlights the requirement for increased considerations of public health, recognition of the amenity value of water bodies and alignment with other environmental legislation such as biodiversity and water scarcity.
It seems the WFD is here to stay and will only become a more vital part of development planning as the pressures on the water environment become more acute. We are anticipating the WFD legislation becoming a hot topic as 2027 nears and we expect to see enhanced legislation with a particular focus on biodiversity, water quality, public health and amenity value introduced in the near future.
Pegasus’s integrated team of ecologists, environmental engineers and planners can provide all three WFD assessment stages (including technical advice, survey, management and/or procurement of ecological data) to ensure development proposals are policy compliant, enhance biodiversity and protect the status of aquatic ecosystems.
Key contacts
- For undertaking WFD Assessments, please contact Catherine Thorpe, Director (Infrastructure) on Catherine.Thorpe@pegasusgroup.co.uk.
- For ecological advice and surveys, please contact Ella Moseley, Director (Environment) on Ella.Moseley@pegasusgroup.co.uk.
- For planning support, please contact Domonic Waugh, Senior Director (Planning) on Dominic.Waugh@pegasusgroup.co.uk.