27thSeptember2012 / AGENDA ITEM 9
FLOOD RISK MANAGEMENT
1.0Matter for consideration
1.1The Committee to consider a report on flood risk management and scrutiny, arising from legislative requirements.
2.0Recommendation(s)
2.1To scrutinise the report and comment as appropriate on the issues raised and on the approaches being taken to deliver against the duties imposed.
2.2To determine the frequency for the requirement of scrutiny involvement and if necessary, to establish a scrutiny panel for that purpose.
3.0Summary of key issues
3.1Background and Advice
In the summer of 2007, severe flooding occurred across many areas of England. As a consequence the Government commissioned an independent review by Sir Michael Pitt, who duly reported with 92 recommendations for improvements in the assessment and management of flood risk. Three pieces of legislation have been introduced that bring new flood risk management responsibilities for local authorities and other organisations; the Flood Risk Regulations 2009, the Flood & Water Management Act 2010, and the Flood Risk Management Overview & Scrutiny (England) Regulations 2011.
3.2Flood Risk Regulations 2009
The Flood Risk Regulations 2009 transposed the European UnionFloods Directive into UK law, and required the assessment of "significant" flood risk. These regulations confirmed a lead local flood authority role for county and unitary authorities, and imposed an initial duty to prepare preliminary flood risk assessment reports by June 2011. "Significant" in this context was measured by criteria developed by the Department for Environment, Food and Rural Affairs (Defra) exclusively for this purpose, and deliberately set so as to identify only the greatest national flood risk threat. Blackpool did not have any areas meeting the specific high level criteria set by Defra for this purpose. The duty requires the preliminary flood risk assessment process to be repeated at six yearly intervals.
4.0Flood and Water Management Act 2010, roles and responsibilities
4.1The Environment Agency (EA) has a "Strategic Overview" role under the Flood and Water Management Act 2010. One of its key responsibilities is to support upper tier and unitary authorities in taking on new duties, through the creation of a national flood risk management strategy, and the provision of guidance for lead local flood authorities. This national strategy is now in place. The EA continues to have responsibility for main river and coastal flooding.
4.2The upper tier and unitary authorities are designated as "Lead Local Flood Authorities" under the Act, and take on a number of new duties as outlined later in this report. One particularly key duty for Blackpool as a lead local flood authority is to prepare a local flood risk management strategy for its area, to complement the EA national strategy.
4.3A number of "Risk Management Authorities" are identified under the Act. These include the EA, lead local flood authorities, district councils, highway authorities and water companies. Blackpool as a highway authority has drainage responsibilities associated with the public highway. Water companies are expected to investigate flooding incidents that involve the public sewer network. Risk Management Authorities are required by the Act to exercise their flood risk management functions in a way that aligns with the flood risk management strategy to be developed for Blackpool.
5.0Key Duties
5.1Lead Local Flood Authorities
Lancashire County Council, Blackpool Council and Blackburn with Darwen Council are all designated as lead local flood authorities. The delivery of the new duties will be based on effective partnership between lead local flood authorities and other risk management authorities. The evolving partnership structure for flood risk management in the north-west is illustrated at Appendix 9a.
5.2The key duties which the Flood and Water Management Act has introduced for lead local flood authorities are set out below:
5.3 The lead local flood authority has a duty to develop, maintain, apply, monitor and consult on a Local Flood Risk Management Strategy for its area. Local flood risk includes surface runoff, groundwater, and ordinary watercourses (including lakes and ponds). The Local Government Association published a comprehensive good practice framework setting out what such a strategy should include. The strategy is a major piece of work, and to date partnership is being established and Scrutiny Committee may wish to have the opportunity to discuss the proposals for this strategy at an appropriate point. The lead local flood authority also has a duty to ensure that the local strategy is consistent with a national strategy developed by the EA.
5.4 Where flooding occurs, the lead local flood authority has a duty, to the extent that it considers it necessary or appropriate, to investigate which risk management authorities have relevant flood risk management functions, and whether these functions are being exercised. Where such a formal investigation takes place, the lead local flood authority must publish the results. Blackpool officers have developed a policy for determining when such investigations may be required.
5.5 The lead local flood authority has a duty to develop and maintain a register of structures or features which might impact on flood risk, including ownership details and condition. The register must be available for inspection. The Blackpool system is being developed as a map based system initially using transportation data sets presenting asset information.
5.6 The lead local flood authority has a duty to contribute to sustainable development principles generally in carrying out its flood risk management functions.
5.7 The lead local flood authority is now responsible for consenting works that are likely to affect the flow capacity of ordinary watercourses, a role formerly the responsibility of the Environment Agency. This role brings a potential need to carry out enforcement where required consents are not sought, or consent conditions are not complied with.
5.8 The lead local flood authority has powers to designate structures or features as
affecting flooding, including those on private land. Designation would mean the owner would need consent before making any changes, and the lead local flood authority would have powers of enforcement action. This power was introduced in June this year and has not yet been exercised by Blackpool.
5.9 The lead local flood authority has powers to undertake works for managing flood risk from surface runoff or groundwater.
5.10 The lead local flood authority and the EA have a power to request information from third parties in connection with flood risk management duties. The EA are exercising this duty by requesting a report on Blackpool’s duties todate.
5.11Duties Awaiting Commencement in Legislation
The lead local flood authority will act as a Sustainable Urban Drainage System (SuDS) Approval Body, to work in tandem with the planning system. In this capacity, the lead local flood authority will have to approve or otherwise sustainable drainage proposals associated with any construction work for buildings, or any structure that covers land and will affect water absorption (including patios), above certain thresholds. The lead local flood authority will also have a duty to adopt and maintain those SuDS serving more than one property. The SuDS legislation will be challenging to implement and has been subject to a national consultation, the conclusions from which are awaited.
5.12The Flood and Water Management Act proposes changes to the definition of what
constitutes a "large" raised reservoir, for the purpose of establishing registration requirements. The Act also proposes changes to the methodology for determining the level of risk each reservoir poses. Blackpool’s Emergency Planning Team has a key role in helping to develop emergency plans associated with reservoirs. Whilst more reservoirs will now come under the definition of a large raised reservoir, it will be the new risk methodology that will determine the level of emergency planning work that will be needed for any particular reservoir in Blackpool, and at present this remains unclear. This part of the legislation has recently been subject to consultation. In the interim, Blackpool’s Emergency Planning Team has been engaged in the development of a generic off-site emergency plan for currently defined "large" raised reservoirs, of which there are 79 across Lancashire, and location specific plans for those reservoirs currently deemed higher risk as directed by Defra.
5.13The outstanding commencements are expected to be implemented at some point during 2013, subject to the results of the consultations referred to.
5.14Flood Risk Management Overview andScrutiny (England) Regulations 2011
Under the Flood Risk Management Overview andScrutiny (England) Regulations 2011, the lead local flood authority Scrutiny Committee is empowered to request reports or attendance at a meeting from any risk management organisation, to allow scrutiny of the delivery of flood risk management functions.
6.0Issues arising from the Flood and Water Management Act 2010
6.1The main issues for the lead local flood authorities are those of resources, skills, and knowledge. The EA is currently running workshops for lead local flood authorities across the country on a range of themes, to develop the necessary skills, and Blackpool officers are fully engaging with these opportunities themselves to take on the new duties. Blackpool is also benefiting from the skills of partners through working closely with the EA, United Utilities (UU) and the County Council on a range of water management issues affecting Blackpool.
6.2Funding remains a major issue. Whilst the lead local flood authorities are receiving monies from Defra to "fully fund" the additional burdens imposed by this legislation, it remains unclear whether that will continue to be the case in the medium to long term. Defra has also now introduced a partnership funding model for capital flood risk management schemes, whereby any potential scheme will only receive an amount of government funding commensurate with how many properties would experience reduced flood risk as a consequence. The onus then falls on lead local flood authorities and their partners to raise the balance from other sources, such as local beneficiaries of the scheme within the community. This approach brings the challenge of engaging communities and other stakeholders to contribute to such schemes in difficult economic times.
6.3The Regional Programme of flood risk management schemes will be prioritised by the Regional Flood & Coastal Committee (RFCC) which will continue to raise local levy to help achieve schemes within it. The RFCC is a mix of technical advisers and Council Members from some of the lead local flood authorities. Lancashire, Blackpool and Blackburn have two Member seats to represent the three authorities, currently held by one County Council and one Blackpool Council Member. These Members can have a significant influence in helping to promote the interests of the above three authorities in getting schemes selected for funding and delivered.
6.4Partnership Delivery
Partnership delivery is a key expectation of the flood risk management legislation. In order to ensure a strong and unified partnership approach to engaging with these emerging new duties, a Lancashire Flood Risk Management Officer Group meets under the chairmanship of the County Council. The group is attended by officers from the County Council, all the district and unitary councils in Lancashire, UU and the EA. A number of other partnerships have either been reshaped or newly forged in order to address water management issues in their widest sense, and Appendix 9a provides an overview. It has been essential to achieve a closer working relationship with Blackpool Members on flood risk management and this is taking place both for specific issues in various parts of Blackpool and to support Blackpool Member representation on the Regional Flood and Coastal Committee. The EA and the Chair of the Regional Flood and Coastal Committee continue to see Blackpool’s approach to taking on these new responsibilities as a model of good practice in the current challenging economic climate.
7.0Implications:
This item has the following implications, as indicated:
7.1Risk Management : Blackpool runs the risk of reputational damage, or a failure to properly deliver new duties, if the approaches being taken to engage with this legislation are not adequately developed and scrutinised. The report sets out how Blackpool is both developing internal capacity, and working in partnership on the creation of appropriate multi-agency structures, in line with the expectations of the legislation, with progress subject to constant review and feedback from the Environment Agency in their strategic overview role.
8.0Witnesses / representatives
8.1As requested by the Committee members, the following persons have been invited to attend the meeting to speak on the matter:
- Clare Nolan-Barnes, Head of Capital Projects and Regeneration.
Relevant officer:
Clare Nolan-Barnes, Head of Capital Projects and Regeneration.
Tel: (01253) 476090, e-mail:
Appendices attached:
Appendix 9a, North West Regional Flood Risk Management Partnership Structures
Background Papers:
- The Flood Risk Regulations 2009
- The Flood and Water Management Act 2009
- The Flood Risk Management Overview and Scrutiny (England) Regulations 2011