Floods and Water Management Act 2010

1. 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

2. The Presentation will Cover Background Current Legislation and responsible bodies Management Structure Surface Water Management Plan Flooding Incidents Asset Register Flood Risk Regulations 2009 Conclusions

3. 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.

4. The high speed Bill...... 8 April 2010 19 November 2009

5. Current Legislation • 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

6. Existing documents Documents to be produced by Lead Local Flood Authorities Planning Policy Statement 25 Interaction of Documents National Indicators 188 and 189 National Flood and Coastal Erosion Risk Management Strategy Regional Flood Risk Appraisal Regional Flood Risk Management Strategy Catchment Flood Management Plan Strategic Flood Risk Assessment Local Surface Water Management Plan Preliminary Flood risk assessment Flood Risk Maps Management Plan Multi Agency Flood Plan Site specific Flood Risk Assessments

7. 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

8. Who is responsible for what?

9. 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.

10. 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.

11. 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.

12. Lead Local Flood Authority Responsibilities Develop a management structure (s13) Become the Sustainable Drainage Systems Approval Body – Oct 2012? Develop flood risk management strategies (s9) - Oct 2010 Floods Create a register of flood risk assets (s21)- April 2011 and Designation of Features (s30) – April 2012 Joint Working (s13) Investigate flooding incidents (s19) – April 2011 Undertake prevention works – – April 2012?

13. Management Structure

15. 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

16. 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.

17. 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

18. Nobody should doubt the potential impacts: • 8 - 21 January; 124 City Council employees worked 5,832hours on street cleaning • 11 - 27 January (in addition to normal refuse collections) Carlisle City Council collected 400tonnes of freezer waste • 2,800tonnes of damaged household goods collected • 5,000fridges, freezers, cookers and washing machines collected • And, still, refuse appeared on the streets………

19. 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.

20. 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.

21. 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;

22. Duty to act consistently with local and national strategies District and Borough Councils Responsibilities Must analyse, assess and reduce flood risk Duty to cooperate with other flood risk management authorities (s13) A role in SuDS implementation Responsibilities Duty to develop sustainably (s27) Retain existing permissive Powers under LDA 1991 Designating authority for structures and features which may affect flood risk Undertake flood risk prevention works

23. Development and Water Related Issues Plans identify appropriate areas for development PPS25: Sequential Approach Sites with lowest flood risk Exception Test where no alternative

24. Evidence: River Basin Management Plan; Catchment Flood Management Plans; Surface Water Management Plan. Development and Water Related Issues

25. Evidence continued..... Strategic Flood Risk Assessment Water Cycle Strategy – infrastructure capacity Drainage Plan – preferred solutions Development and Water Related Issues

26. Flood Risk Assessment Areas at Risk, or Large sites Takes account of strategic studies / planning policies Development and Water Related Issues – Site Specific

27. Responses may be: exclude \ relocate uses emergency planning SuDS water efficiency Invest in infrastructure Development and Water Related Issues – Site Specific

28. 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.

29. Approval Route 1 drainage application accompanies a planning application Approval Route 2 planning permission not required • Northamptonshire-wide; • National Standards – End 2011 or Early 2012; • Secondary Legislation; • Connections and Adoptions; • Funding. SuDS Approval Body Planning Authority Statutory Consultees SAB SAB decision passed to planning authority SAB decision passed to applicant

30. 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.

31. Thank you for listeningAny Questions???