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Floods and Water Management
Act 2010
Key Responsibilities
December 2011
Josie Bateman - Project Manager (Flood and Water Management)
Paul Lewin - Planning Policy and Heritage Manager
John O’Neil - Planning Liaison Officer
Aaron Goddard – Emergency Planning Officer
The Presentation will Cover
1.
2.
3.
4.
5.
6.
7.
8.
Background
Current Legislation and responsible bodies
Management Structure
Surface Water Management Plan
Flooding Incidents
Asset Register
Flood Risk Regulations 2009
Conclusions
Background
• Summer 2007 floods;
• June 2008 Pitt
Report;
• Consultation
on Draft Bill April 2009;
• November 2009 Defra published the Flood and
Water Management Bill;
• 8th April 2010 the Bill received Royal Assent.
The high speed Bill......
Current Legislation
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Flood and Water Management Act 2010
Flood Risk Regulations 2009
Water Act 2003
Water Framework Directive 2000
Local Government Act 2000
Environment Act 1995
Water Resources Act 1991
Land Drainage Act 1991
Water Industry Act 1991
Reservoirs Act 1975
Interaction of Documents
Existing documents
Planning Policy Statement
25
National
Documents to be produced by Lead Local
Flood Authorities
National Indicators 188 and
189
Flood and Coastal Erosion Risk
Management Strategy
Regional
Regional Flood Risk
Appraisal
Catchment Flood
Management Plan
Flood Risk Management Strategy
Strategic Flood Risk
Assessment
Local
Surface Water Management
Plan
Multi Agency Flood Plan
Site
specific
Flood Risk Assessments
Preliminary Flood
risk assessment
Flood Risk Maps
Management
Plan
Current Responsible Bodies
• DEFRA & Communities and Local Government
• Environment Agency
• Regional Flood and Coastal Committees
• Lead Local Flood Authorities – County Council
• District & Borough Councils
• Internal Drainage Boards
• Navigation Authorities
• Highways Agency & Highways Authorities
• Water and Sewerage Undertakers
• Riparian and Property Owners
Who is responsible for what?
Environment
Agency
Lead Local
Flood
Authority
Water
Company
Flooding of
“main river”
watercourses
(e.g. The
Nene) and
overseeing all
flood risks.
Flooding from
surface runoff,
groundwater,
ordinary
watercourses
plus highway
drainage .
Flooding from
water pipe
leaks,
overloaded
sewers.
Environment Agency Responsibilities
• Strategic overview role for all flood and coastal
erosion risk management;
• Develop and maintain the National Flood and
Coastal Erosion Risk Management Strategy;
• Partnership approach to all work.
Environment Agency Responsibilities
• Still responsible for main rivers;
• Consents / enforcement – main rivers and sea ordinary watercourses - transfer to LLFA;
• Enforcement Authority for Reservoirs Safety
(above 10,000m3);
• Retain responsibility for maintenance,
improvement schemes, technical advice,
comment on strategic applications, flood
warning, raising awareness etc.
National Flood and Coastal Erosion
Risk Management Strategy
• National framework for managing flood risk;
• Guide to producing Local Strategy;
• Scope: current risk, climate change, development
impacts, who does what at local level, provide a
steer to development and Local Authorities (LAs)
planning processes;
• Public consultation Nov 2010 – Jan 2011;
• Draft laid before Parliament March/April 2011;
• Approved by Minister in July 2011.
Lead Local Flood Authority Responsibilities
Develop a management structure (s13)
Become the Sustainable
Drainage Systems Approval
Body – Oct 2012?
Floods
Create a register of
flood risk assets (s21)April 2011 and
Designation of
Features (s30) – April
2012
Undertake prevention works –
– April 2012?
Develop flood
risk
management
strategies (s9) Oct 2010
Joint Working (s13)
Investigate flooding incidents
(s19) – April 2011
Management Structure
Emergency Planning
Definition of Emergency
• “an event or situation which threatens serious
damage to human welfare in a place in the
United Kingdom; the environment of a place in
the United Kingdom; or the security of the
United Kingdom or of a place in the United
Kingdom”
Civil Contingencies Act 2004
Community Resilience is…
• ‘an ability to absorb shocks, and return to a state avoiding
total collapse” Omand, David 2005
• ‘ability to recover following hardship or illness’
HarperCollins 1995
• ‘capacity of an individual, community or system to adapt
in order to sustain an acceptable level of function,
structure, and identity’ Cabinet Office N.D.
More than just consequences.......
• Active part in defining LA
roles under F&WMA;
• Engaged in risk identification
and management processes;
• Community engagement for
the long term;
• Maintain link between LA’s
and other agencies in both
response and recovery.
• Active role in the Local
Resilience Forum
Nobody should doubt the potential
impacts:
• 8 - 21 January; 124 City Council employees
worked 5,832 hours on street cleaning
• 11 - 27 January (in addition to normal refuse
collections) Carlisle City Council collected 400
tonnes of freezer waste
• 2,800 tonnes of damaged household goods
collected
• 5,000 fridges, freezers, cookers and washing
machines collected
• And, still, refuse appeared on the streets………
Surface Water Management Plans
• DEFRA produced Surface Water
Management Plan (SWMP) Technical
Guidance March 2010;
• 77 high priority areas receiving funding to
develop SWMPs – announced August
2009;
• Northampton SWMP be completed early
2012.
Investigation of flooding incidents
On becoming aware of a flooding incident a LLFA
Must decide whether it is necessary or appropriate
to investigate further in order to:(a) identify which risk management authority has
flood risk management functions in respect of the
flooding; and
(b) establish whether that authority has responded or
Is proposing to respond to the flood.
Register of Flood Risk Assets
• LLFA has a duty to establish and
maintain—
(a) a register of structures or features;
and
(b) a record of information about each
of those structures or features.
• Available for inspection;
District and Borough Councils Responsibilities
Must analyse, assess
and reduce flood risk
Duty to act consistently with local and
national strategies
A role in SuDS
implementation
Responsibilities
Retain existing permissive
Powers under LDA 1991
Undertake flood risk
prevention works
Duty to
cooperate with
other flood risk
management
authorities
(s13)
Duty to develop sustainably
(s27)
Designating authority for structures
and features which
may affect flood risk
Development and Water Related
Issues
•
•
Plans identify appropriate areas for
development
PPS25: Sequential Approach
Sites with lowest flood risk
Exception Test where no
alternative
Development and Water Related
Issues
Evidence:
• River Basin Management Plan;
• Catchment Flood Management
Plans;
• Surface Water Management Plan.
Development and Water Related
Issues
Evidence continued.....
• Strategic Flood Risk Assessment
• Water Cycle Strategy –
infrastructure capacity
• Drainage Plan – preferred solutions
Development and Water Related
Issues – Site Specific
• Flood Risk Assessment
Areas at Risk, or
Large sites
• Takes account of strategic studies /
planning policies
Development and Water Related
Issues – Site Specific
Responses may be:
• exclude \ relocate uses
• emergency planning
• SuDS
• water efficiency
• Invest in infrastructure
Sustainable Urban Drainage Systems
(SuDS)
• SuDS approval required before
construction;
• Applications
submitted with the planning applications;
• LAs to work with LLFAs on planning
applications;
• Guidance and Secondary Legislation
awaited from Defra.
SuDS Approval Body
Approval
Route 1
drainage
application
accompanies
a planning
application
• Northamptonshire-wide;
Approval
Route 2
planning
permission
not required
• National Standards –
End 2011 or Early
2012;
Planning
Authority
SAB
SAB
decision
passed to
planning
authority
• Secondary Legislation;
Statutory
Consultees
• Connections and
Adoptions;
• Funding.
SAB decision passed to
applicant
Conclusions
• A partnership approach;
• LAs retain many powers and have new
duties;
• EA still oversee work of LLFAs;
•Guidance/funding and training is still
awaited;
•There are still uncertainties;
• This is a long-term responsibility.
Thank you for listening
Any Questions???