The Government does not agree that permitting is normally an appropriate risk management response for highway drains. The systems that are put in place to mitigate highway drains are passive treatment systems, with the precise form and the maintenance required determined in relation to risk and in dialogue with the Environment Agency. Permitting, which is appropriate for active treatment systems would, in this instance, add a regulatory and resource burden which is not justified. We will continue to keep the need for different approaches under review in the light of further evidence or changing context.