Development & Flood Risk –

Planning for floods

Gary Cliff

Development & Flood Risk Technical Specialist

Environment Agency

Yorkshire

Summary

Environment Agency Introduction

EA Roles & Responsibilities

National Policy - PPS25

Flood Risk Standing Advice

The Future

Environment Agency Introduction

Created by the Environment Act 1995;

“protect the environment (WATER – LAND – AIR) and to contribute to sustainable development”

Formerly NRA and Water Authorities;Non-Departmental Public Body;Part-funded by DEFRA, Local Levy & income statutory charging;DEFRA responsible for us;

EA Introduction cont.

Supervisory duty for river and sea flood risk management & coastal erosion risk management (Since March 2008);

Permissive Powers for main river and coastal flood protection;

Responsible for ensuring DEFRA-funded Flood Management projects achieve “priority score”;

Responsible for issuing Flood Warnings during flood events.

EA Introduction cont.

Regulator of waste and water legislation;

Regulator of operations covered by Environmental Permitting Regulations;

Lead Agency for a number of Biodiversity Action Plan Species e.g. Otter, Water Vole etc;

Issue Abstraction Licences, Discharge Consents, Works in Rivers Consents, Environmental Permits & Rod Licences;

Competent Authority for EU England & Wales Member State for Water Framework Directive

EA & Planning System

Statutory planning consultee for RSS, LDDs, SEA, SA, EIA & DMPO Schedule 5 planning applications;

Responsible for providing advice on the preparation of RFRAs & SFRAs;

Duty for providing timely, fit-for-purpose information and advice.

PPS25 Past, Present & Future

PASTPPG25 - July 2001 to November 2006

PRESENTPPS25 – Introduced December 2006. Updated March 2010 (also Coastal Supplement)PPS25 Practice Guide - Introduced June 2008. Updated Dec 2009

FUTUREFloods & Water Management Act 2010 – New ResponsibilitiesNational Planning Policy Framework

PPS25 Principles

Hierarchy of Flood Risk Management;

ASSESS > Flood Risk Assessment at Regional, Strategic & Site-specific level;

AVOID / SUBSTITUTE > Sequential Test & Sequential Approach;

CONTROL / MITIGATION > FRA considers lifetime of development, climate change, residual risks.

Sequential Test

Objective: to steer new development to areas of lowest flood probability (Zone 1)

Applied “at all levels of planning”;

Regional Spatial Strategy

Local Development Framework

Informed by RFRA, SFRAs & site-specific FRAs;

ASSESS

ASSESS

AVOID

AVOID

SUBSTITUTE

SUBSTITUTE

SUBSTITUTE

SUBSTITUTE

CONTROL

MITIGATE

Is it Appropriate?

Sequential Test

Applies to all development proposed within FZ2 or FZ3 except:-

• ‘Minor’ development

• Change of Use

• Replacement of single dwelling

• Development in Regeneration area where work has begun

• Wind turbines

Planning Applications – “The developer will need to provide

evidence to the LPA that there are no other reasonably available sites where the development could be located. The LPA applies the Sequential Test to the application.”

Sequential Test

What is ‘reasonably available’?;

Undefined but linked to PPS3 guidance on ‘deliverable’ & ‘developable’:-

Be Available – reasonable prospect that site is

available;

Be Suitable – the site offers a suitable location for development now and would contribute to the creation of

sustainable, mixed communities;

Be Achievable – there is a reasonable prospect that

development will be delivered on the site within five years.

Sequential Test

Various appeal decisions have shown that:-

The fact that an applicant does not own any other land is not a direct consideration;

Applications can be refused on ST grounds even when FRA is acceptable and EA do not object;

Housing developments can be resisted where an LPA

can demonstrate 5 years housing supply in FZ1;

Applications can be refused solely on the basis of

historical windfall rates of housing in lower risk Flood Zones, where relevant.

Exception Test

Three parts:

A) Wider sustainability benefits > flood risk

B) On brownfield unless no other reasonably available

brownfield sites

C) Safe & won’t increase flood risk elsewhere (FRA)

Flood Risk Assessment

Site-specific – Applicants responsibilityDemonstrate development safe and won’t increase flood risk elsewhere; Should be proportionate to the scale, nature & location of the development;Annex E of PPS25 sets out minimum requirements;

Climate Change;

Residual risks; Flood PlanAll sources of flooding

identifying opportunities to reduce flood risk, enhance biodiversity and amenity, and seek collective solutions to managing flood risk.

EA Flood Map

Easter 1998 floods response –land vulnerable to flooding

1999 basic Indicative Floodplain Map issued

2004 Flood Map – National Dataset – DTM, FEH, Flood Zones 2 & 3 refined

Limitations: no defences, channel capacity, in-channel structures, min 3km2 catchment size

Updated quarterly – only improved modelling, or successful challenge

EA Flood Models

Best information ‘main river’– for flood warning, scheme feasibility/ design, asset assessment - not always appropriate or available for development design

Flood Risk Standing Advice

Standing advice for “low risk” development

Guides for LPA; and Applicants / Agents

On EA website

FRA guidance, links to information, pick-lists, EA consultation and responses, tool for LPA

FRSA for Applicants / Agents

FRSA for LPAs

The Future

Floods & Water Management Act:-

LLFAs responsible for preparing & implementing

strategies for managing risk from groundwater, surface water & ordinary watercourses;

EA powers for coastal erosion risk management;

Risk based approach to reservoir safety;

Encourage uptake of SUDs by removing automatic right to connect to sewers;

SUDs Approval Boards (SABs) to adopt SUDs for new

developments & redevelopments.

The Future

Climate Change

Insurance

Politics & funding

Technology

Changes in Policies / Guidance

People