Select Committee on Agriculture Sixth Report


II. THE CURRENT ADMINISTRATIVE FRAMEWORK FOR FLOOD AND COASTAL DEFENCE IN ENGLAND AND WALES

Background

15. Even cursory examination of the existing arrangements for flood and coastal defence policy shows that a wide range of organisations are involved in its administration, financing and delivery; a previous select committee inquiry noted that over 240 organisations had responsibilities of one sort or another in the coastal zone alone[15]. This complicated mosaic of different organisational duties arises primarily from the separation of national policy strategy from its delivery at regional and local levels, and, within that separation, the division of responsibility for flood defence (that is, alleviation of flooding from rivers or the sea) from that for coastal protection (the defence of the coastline against erosion or sea encroachment).

16. This division of responsibilities is codified in a body of disparate legislation, the most important being the Coast Protection Act 1949; the Land Drainage Acts (1991 and 1994); the Water Resources Act 1991; and the Environment Act 1995. The Coast Protection Act sets out the legislative framework for the protection of the coastline against erosion from the sea, while the Land Drainage Acts, the Water Resources Act and the Environment Act specify legal competences and permissive powers for the actioning of flood defence.

17. These legislative provisions are administered in England by MAFF, and in Wales by the Welsh Office. Under the terms of these different items of legislation, a variety of authorities have been assigned permissive powers for the implementation of flood and coastal defence policy and the construction of defence works, including local authorities, Internal Drainage Boards (IDBs), private owners of riparian and coastal land, and, through its inherited network of Regional and Local Flood Defence Committees (RFDCs/LFDCs), the Environment Agency. The areas covered by RFDCs and LFDCs have essentially been inherited by the Environment Agency from the structure which existed under the National Rivers Authority. These areas are based to a large extent on river catchment areas and do not necessarily coincide with existing administrative boundaries: nor do the RFDC regions coincide with the regions to be covered by Regional Development Agencies. Neither MAFF nor the Welsh Office have powers to implement policy, but both Departments play a leading role in setting national priorities and in providing grants to implementing authorities to carry out works which meet particular economic, environmental and technical criteria.

Organisational responsibilities: national strategy and local implementation

18. While MAFF's involvement in agricultural land drainage and sea defence predates the war, the Ministry has only had overall policy responsibility for flood and coastal defence in England since 1985. MAFF conducted a substantial reappraisal of national flood and coastal defence priorities during 1993, and, on the basis of this review, issued a national strategy document for flood and coastal defence in England and Wales[16]. The current national strategic aim promoted to operating authorities is "To reduce the risk to people and the developed and natural environment from flooding and coastal erosion by encouraging the provision of technically, environmentally and economically sound and sustainable defence measures"[17]. A number of key objectives flow from this aim, including encouraging "the use of adequate and cost-effective flood warning systems", "the provision of adequate, economically, technically and environmentally sound and sustainable flood and coastal defence measures", discouraging " inappropriate development in areas at risk from flooding and coastal erosion", and a presumption against disrupting "natural river and coastal processes".

19. While it is apparent that MAFF has had variable success nationally in bringing these different aims to fruition over the last five years, it is equally evident that the Ministry has not merely paid lip-service to their promulgation. In particular, MAFF has given greater priority to so-called 'soft engineered' approaches to flood and coastal defence. This approach, whereby the mitigation of erosion and flooding is achieved through increased reliance on coastal and riverine features, such as beaches, mudflats and flood plains, to alleviate these natural processes rather than by constructing hard defences to block or obstruct them, has become more widespread recently, partly because the Ministry has ensured that funding for such projects has been made more easily available than was the case formerly[18]. Furthermore, in collaboration with the Environment Agency, the Ministry has brought forward large-scale soft-engineered projects of its own. For example on the Lincolnshire coast MAFF is investing approximately £120 million over a 40-year period in the UK's largest beach nourishment project, rather than relying only on restoring the existing system of hard defences.

20. MAFF's strategy document notes, rightly in our view, that "no one method of defence will hold good in all circumstances; hard defences will continue to be appropriate in many cases"[19], for example to protect the large towns and cities and major industrial developments of the east English and south Wales coasts. Nevertheless, the Ministry's more enlightened approach to soft engineering does seem to have had some effect on the activities of operating authorities. In evidence to us, the Institution of Civil Engineers acknowledged the gradual shift in emphasis from hard- to soft-engineered defences which has come about nationally since the 1993 review, commenting "we do not have a vested interest...in...constructing major capital works. In fact, [some soft engineered] programmes require extensive monitoring...we are guaranteed an income rather more [from these programmes] than [from] sticking big lumps of concrete in the way of the sea"[20].

21. MAFF's strategic aim is implemented through a number of different 'operating authorities', as follows:

  • the Environment Agency is charged with overseeing the implementation of all aspects of flood defence policy in England and Wales, including flooding from the sea (defined by MAFF as "sea defence"). The Agency also has responsibility for establishing and maintaining sea defence works, and for flood defence operations on watercourses designated as 'main rivers' (see paragraphs 63 and 68), with this work discharged through its national network of Regional and Local Flood Defence Committees (RFDCs/LFDCs);

  • in particularly low-lying areas where drainage needs are more specialised, chiefly in east and south-west England, Internal Drainage Boards have been established under the terms of a succession of Land Drainage Acts dating back to 1930 to execute all flood defence works required in these areas, other than on 'main rivers'. In total, there are 247 IDBs in England and Wales, with responsibility for 1.2 million hectares of mainly agricultural land[21];

  • local authorities have permissive powers to carry out defensive works on watercourses which are not defined as 'main rivers', and, under the terms of the Coast Protection Act 1949, to take appropriate measures to reduce the risk of flooding from the sea. Where local authority jurisdiction includes the coast, the permissive powers granted under this Act extend to protection of land against coastal erosion and sea encroachment. Private individuals or companies owning coastal land are also entitled to carry out works to protect property and assets threatened by erosion or sea flooding, although they are not eligible for Government grant-in-aid.


22. MAFF's evidence included the following diagram indicating the current structure of organisational responsibilities for flood and coastal defence:


23. It is apparent to us that MAFF recognises only too well the considerable problems arising from attempting to co-ordinate the activities of these different organisations and individuals to achieve national objectives. Indeed, as part of the strategic reappraisal of policy undertaken in 1993, new co-ordinating mechanisms were brought forward by the Ministry, including Shoreline Management Plans (SMPs), as a means of addressing the problem directly (see paragraphs 81 to 85). SMPs set out strategies for coastal defence along specified stretches of coastline, and are the product of collaboration in 'coastal groups' between maritime local authorities, statutory agencies and other organisations with coastal responsibilities. As well as taking account of local economic and development planning needs, the guidance offered in SMPs is supposed to be fully compatible with the prevailing natural cycle of erosion and accretion taking place in 'coastal cells' along the relevant section of coast. These cells are discrete natural units within which sand and shingle-sized sediment is retained. A similar co-ordinating mechanism for inland flood defence exists in the form of Local Environment Agency Plans (LEAPs).

Financing arrangements

24. Nationally, financing for flood and coastal defence policies comes from a diverse array of sources. The largest central Government funding source for local authorities is via the Revenue Support Grant (RSG), disbursed by the Department of Environment, Transport and the Regions (DETR) for payment of levy to the Environment Agency and to IDBs, and for authorities to instigate their own local flood and/or coastal defence programmes (in the 1997/98 financial year, the flood and coastal defence element of the RSG totalled £225.4 million). The total RSG made available to the relevant local authority for these purposes is distributed under two separate headings of the local authority's Standard Spending Assessment, for flood defence and coast protection respectively. Under each heading, there are two elements to the SSA: one to reflect routine maintenance expenditure on defences, and the other to cover servicing charges arising from any Supplementary Credit Approvals (SCAs) the authority might have (MAFF dispenses SCAs to local authorities to cover any remaining expenses incurred by the authority in the construction of flood defences which cannot be met from its own resources). In 1998/99, the total value of MAFF-issued SCAs is estimated at £15 million.

25. In addition, MAFF provides flood defence grant to the Environment Agency and to IDBs, and grant-in-aid to local authorities for the construction of flood defence and coastal protection works (total expenditure under these three headings is expected to be £53.9 million in 1998/99; the majority of grant-in-aid to local authorities is for coast protection works (£20.1 million allocated in 1998/99). Grant-in-aid paid to local authorities is made on the basis of project submissions from these authorities to the Ministry which have successfully met certain technical, economic and environmental criteria, under the Project Appraisal Guidance Note (PAGN) procedure (see paragraphs 55 to 61). Levels of funding for approved projects range from 15 per cent to 85 per cent of the total project costs, depending on the needs and financial resources of the specific local authority.

26. Global levels of grant-in-aid disbursed by the Ministry have declined sharply in the last two financial years, after steady year-on-year increases in the 1993/4-1996/97 period. We were told, for example, of the "severe cuts"[22] in the level of flood defence grant dispensed by the Ministry to the Environment Agency, from £46.3 million (1996/97) to a projected £31.2 million (1998/99), contributing to the decline in overall expenditure from £102.6 million (1996/97) to £75.1 million (1998/99). Similarly grant-in-aid to local authorities for coast protection has fallen during this period, although this budget heading is, to some extent, demand-driven. High expenditure during the mid-1990s appears to have resulted partly from a number of local authorities making large bids to MAFF for the construction of new defensive works following the severe storms of winter 1989/90, and for providing emergency stabilisation of old coast and sea defences nearing the end of their operating life.

27. Of some concern to us are the implications of the recent increase in Supplementary Credit Approvals made by the Ministry to local authorities, from an average of £10.9 million per year between 1990/91 and 1994/95, to £13.7 million per year between 1995/96 to 1998/99, suggesting that authorities are finding increasing difficulty in meeting essential costs from within their SSAs. Commenting on the current financial situation confronting local authorities, Mr Ian Sumnall of the Local Government Association told us that it was "very difficult" to secure funding from MAFF for capital projects, other than "where there is failure or imminent failure of existing works...because of the lack of resources[23]". Mr Sumnall stated that current expenditure by the Ministry on coast protection was approximately one-third "of what would get us out of this firefighting situation and properly get an implementation of the [national] strategy"[24] proposed by the Government. Ominously, the Environment Agency claimed in their written evidence to us that "the [present] shortfall in funding will not enable the Agency to meet the future challenge of deteriorating flood defence assets, climate change...and potential consequences of new development"[25].

28. In response to what MAFF describes as "ever-increasing demands"[26] from local authorities for grant-in-aid, in April 1998 the Government introduced a priority scoring system under which every project proposal is screened against national criteria to determine the order of priority in which eligible projects will be funded by MAFF (the actual evaluation of projects to determine eligibility for funding is through PAGN). The priority scoring system has three stages. First, scheme proposals must comply with basic MAFF-specified "threshold" requirements; secondly, proposals must score above a certain number of points on the basis of specific characteristics; and thirdly, they must be approved by a panel of MAFF's coastal engineers.

29. The second of these requirements, the scoring procedure, is made on the basis of the priority, urgency and economics of the scheme proposed. In keeping with MAFF's national strategic aim, projects based on flood warning, the provision of urban coastal defences, and urban flood defences are given greatest priority. Although it is far too early to judge the effectiveness of this new system, it seems certain to us that it will not streamline what is already regarded as a burdensome evaluative procedure[27], particularly as the Environment Agency may be involved subsequently in further, similar, appraisals of the same scheme[28]. Furthermore, some witnesses felt that sites of national and international environmental significance were not given sufficient weight under the priority scoring system[29], whilst the National Farmers' Union claimed that under its provisions it was "extremely difficult for any rural scheme to qualify for grant funding"[30], an observation corroborated by the Environment Agency and the Local Government Association in evidence to us[31].

30. From our inquiry, it has been difficult to determine, other than in the most general terms, what the probable future UK expenditure requirements on flood and coastal defence policy might be. Certainly at present there seems to be a shortage of finance for all but the most urgent of works. We are, therefore, encouraged that the Government has seen fit to plan to increase spending under the Comprehensive Spending Review on flood defence[32], and has no immediate plans to cut global levels of flood and coastal defence expenditure. From the evidence we have received, it appears operating authorities are hard enough pressed as it is to maintain vital local flood and coastal defence programmes. We also commend the Government on the introduction of three year budgets for flood and coastal defence expenditure, which should assist strategic planning in this area[33].

31. Against that, the implementation of a policy which in future is likely to be more reliant on soft engineering technologies should logically see the reduction in costly hard- engineered defensive works, resulting in lessened national expenditure. However, it may be that any such savings will be offset by the substantial maintenance costs pending on ageing flood and coastal defence infrastructure which, due to existing funding difficulties, have been deferred. The Environment Agency has estimated that £1.3 billion will need to be spent on renovating sea and flood defence capital works over the next ten years[34], and MAFF's last survey of coast protection works in England found that 41 per cent were in need of moderate or significant restoration work[35]. Reflecting in their evidence to us on the need for maintenance and renovation of exiting defence works, the Central Association for Agricultural Valuers spoke of financial "chickens...[coming] home to roost with the need for a considerable capital requirement" in the near future[36].


15   Second Report from the Environment Committee, 1991-92, Coastal Zone Protection and Planning HC17-I Back

16   Strategy for Flood and Coastal Defence in England and Wales MAFF, 1993 Back

17   Ev p 197 Back

18   Second Report from the Environment Committee, 1991-92, Coastal Zone Protection and Planning HC17-I, p xliii Back

19   Strategy for Flood and Coastal Defence in England and Wales MAFF, 1993, p 14, para 2.38 Back

20   Q542 Back

21   Ev pp 36-37 Back

22   Appendix 11 Back

23   Q 165 Back

24   Q 172 Back

25   Ev p 1 Back

26   MAFF Funding for Flood Defence and Coast Protection: Notes for Guidance p 1 Back

27   Q 487; Appendix 20 Back

28   Ev p 180 Back

29   Q 77; Ev p 140 Back

30   Ev p 143 Back

31   Q 77; Ev p 66 Back

32   Modern Public Services in Britain: Investing in Reform Cm 4011 Back

33   Q 684 Back

34   An Action Plan for Flood and Coastal Defence, Environment Agency 1998 Back

35   Ev p 202 Back

36   Q 542 Back


 
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