Agenda item
Flood and Drainage Management - Flood & Water Act
The Panel will receive a presentation on this item from the Divisional Director for Environmental Services.
Minutes:
The Design and Projects Manager gave a presentation to the Panel regarding this item. A summary is set out below.
Legislation: How it all started?
Pitt Review 2007
92 Recommendations
LA’ to take “Lead Local Flood Authority Role”
Raise awareness of Local Flood Risk
Collate & Map Flood Risk
Enhance Flood Risk Technical Capability
Legislation - Flood Risk Regulations 2009 / Flood and Water Management Act 2010 / Land Drainage Act 1991
Preliminary Flood Risk Assessment (PFRA)
The main objectives of this report (as set out in Flood Risk Regulations 2009) are:
Identify the probability of flooding
Identify all sources of flooding
Review Historical Flooding Events
Determine Flood Risk Areas
Support local flood risk management strategy
Flood & Water Management Act 2010 (FWMA)
The Act aims to improve the way we manage flood risk and creates the new role of the Lead Local Flood Authority (LLFA).
New Roles and Responsibilities
Setting Local Flood Risk Management Strategy
Mapping & Planning
Duty to Maintain Register of Assets/ Features
Investigation of all significant Flooding Incidents
Local Surface Water Management Plans
Consent Powers over Ordinary Watercourses
Greater Powers to Undertake Works
Sustainable Drainage Systems
Staffing & technical Competence
Flood Risk Management Function
Local Flood Risk Management Strategy
The Act requires LLFA to develop, maintain, apply and monitor a strategy for local flood risk management for its area.
Local Flood Risk includes surface water, ground water and ordinary watercourses including lakes and ponds.
Duty to act consistently with National Flood Risk Management Strategy
The Act requires that the Local Flood Risk Management Strategy is consistent with the National Flood Risk Management Strategy.
Local Flood Risk Strategy will be based on the national Strategy but will have distinct objectives to address and manage local flood risk from all sources.
Duty to Investigate Flood Incidents
Under the Act the LLFA has a duty to investigate flood incidents in its area and publish the results of any investigations.
Works Powers
The FWMA provides LLFA to undertake works to manage flood risk from surface water runoff and groundwater. All works must be consistent with the local flood risk management strategy for the area.
Powers to request information
The Act empowers LLFA to request information from others for their flood management functions
Powers to delegate functions to other authorities
Internal Drainage Boards
Environment Agency
Duty to maintain register
LLFA will maintain a register of structures/ features which they consider have a significant effect on flood risk. The Assets register has to be available for inspection.
SUDS
The Act establish SUDS Approval Body (SAB)
SAB will have responsibility for the approval of any proposed drainage system for new developments and redevelopments. Approval must be given BEFORE developer can commence construction
In order, to be approved, the proposal must meet the new national and local standards for SUDS.
The SAB will determine the drainage application.
The SAB will be responsible for adoption and maintenance of SUDS that serve more than one property.
Highways Authority will be responsible for maintaining SUDS in Public Roads to National and Local Standards.
Water and Sewage Companies, the Environment Agency, British Waterways and the Highway Authority will be statutory consultee to SAB
SAB will be statutory consultee to planning process
What is required?
To establish the Flood Risk Management and Drainage Team as the Lead Local Flood Authority. This team would not only coordinate all the drainage matters but also all the Flood Risk Management issues.
It should be noted that Lead Local Flood Authority is the new Statutory Function for BANES set up in the legislation.
There is a need for clarification of all the roles and responsibilities and to establish relationship between the Flood Risk Management and Drainage Team and other Council teams.
Benefits
Single point of contact – Members of the Public and other departments will be well informed who should contacted regarding drainage and flood management issues
The Team will ensure that all the new statutory duties will be fulfilled
More effective way of working
Councillor Ian Gilchrist asked if there was any funding being provided from the Government for this role.
The Design and Projects Manager replied that the Council would receive £108,000.
Councillor Geoff Ward asked what was being done to tackle the issue of fats, oils and greases within the City.
The Senior Engineer replied that this was exactly why SUDS was introduced and that the Council was working in close partnership with Wessex Water to identify where the problem is.
Councillor Liz Richardson wished to thank the team for all their help over the past year.
The Divisional Director for Environmental Services commented that he wanted to make the Council as a whole more aware of this work area and for the Panel to oversee the work. He also suggested that a representative from the Environment Agency be invited to a future meeting of the Panel.
The Chairman asked when it would be feasible to have an update on the progress of this work.
The Divisional Director for Environmental Services replied that to report back in around three to six months would be his suggestion.
The Panel agreed to this proposal.