PART
A—BACKGROUND
The need for flood and coastal defences
2. The total length of coastline in England
is nearly 4,000 km, of which some 1,000 km man has protected against
erosion and for a further 1,000 km provided defence against flooding
by the sea. In estuaries there are over 2,000 km of tidal defences.
There is nearly 30,000 km of non-tidal rivers for which the Environment
Agency alone is responsible. Some 5 per cent of the population
live in the 2,200 sq km of land at risk of flooding by the sea
and nearly 10,000 sq km of land is at risk of flooding from rivers.
In all, some 10 to 15 per cent of urban areas, and about half
the best agricultural land, is at risk of flooding and in the
absence of protection at the coast nearly 30 sq km of land is
at risk of loss through erosion over the next 60 years.
3. Cities such as London, Manchester, York
and Lincoln have defences against river or tidal flooding, and
coastal towns such as Eastbourne and Blackpool are defended against
flooding or erosion by the sea. Many important urban areas with
key infrastructure, businesses, homes and agricultural and recreational
land are defended against flooding and coastal erosion. Defences
also protect historic sites and buildings and sites of nature
conservation importance including Sites of Special Scientific
Interest (SSSIs), potential Special Areas of Conservation (SACs),
Special Protection Areas (SPAs) and Ramsar sites.
4. Flood and coastal defence works are provided
to protect human life and economic, environmental and cultural
assets. Successive Governments have accepted that such work is
a public good and should be supported by central government funding.
The benefits provided by these works may be shared by many thousands
or even millions of people. The Thames Barrier, for example, is
designed to prevent major flooding in London. This benefits not
only several million people who live or work in the flood risk
zone but also thousands of jobs, important national buildings,
cultural assets, tourism and vital infrastructure such as the
London Underground. Smaller scale works around the country also
have benefits, perhaps extending many miles from the works, for
both the local and national economy. For example, sea defences
on the Norfolk coast guard against what would be regular flooding
events, which could damage buildings and highly productive agricultural
land, as far inland as Norwich, and sites of international nature
conservation importance.
5. Surveys of the state of defences have
demonstrated the need for continuing investment to maintain the
standard of protection, particularly in the light of the limited
life of defence measures, and the impact of climate change and
sea level rise. MAFF has estimated that the average annual
value of damage through flooding and coastal erosion without
any defences could be some £2.1 billion. Damage can never
be eliminated but the residual annual average value of flood damage,
with existing defences, is about £500m. Therefore,
the reduction attributable to the investment in flood and coastal
defences is some £1.6 billion a year.
6. The seminal recent event was the 1953
East Coast flood. This resulted in 300 deaths and damage which,
if the flood were repeated today, is estimated at £5 billion.
Subsequent investment in flood defences has ensured that six events,
with water levels higher than 1953, did not result in any loss
of life or serious damage.
Policy and strategic direction
7. MAFF is responsible for flood and coastal
defence policy in England and administers the legislation which
enables flood and coastal defence works to be carried out. MAFF
contributes to the funding of capital defence measures, undertaken
by the operating authorities (see paragraphs 8-11), which meet
established criteria. It also provides strategic guidance, supported
by a research and development programme. MAFF liaises on cross
border issues with the Welsh Office which has similar responsibilities
in respect of Wales and with the Department of the Environment,
Transport and the Regions (DETR) on a number of issues. The links
with DETR are covered in more detail below (see paragraphs 52-54).
The operating authorities
8. The Environment Agency is a Non Departmental
Public Body established by the Environment Act 1995. The Agency
supervises all matters relating to flood defence in England and
Wales and also carries out the largest programme of flood defence
capital, maintenance and operational works performed on the coast
and on designated "main rivers". The Agency is required
to exercise most of its flood defence powers through statutory,
executive Flood Defence Committees. These committees determine
the programme of works; constituent local authorities, which have
a majority of representatives on the committees, provide most
of the funding through revenue support grant arrangements.
9. Internal drainage boards (IDBs) are statutory
bodies created to manage land drainage in areas of special drainage
need. There are 233 in England concentrated in East Anglia, Somerset,
Yorkshire and Lincolnshire. Each IDB operates within a defined
area in which they are empowered to undertake flood defence works
other than on "main rivers". Reflecting their funding
arrangements, IDBs comprise elected members representing ratepayers
(largely farming interests) and those appointed by local authorities.
10. Local authorities have permissive powers
to undertake flood defence works on watercourses which are not
designated as "main rivers" and which are outside IDB
districts; and to reduce the risk of flooding from the sea.
11. The 88 maritime local authorities (ie
those which adjoin the sea) have powers to protect the land against
coastal erosion or encroachment by the sea.
12. Annex B illustrates the distribution
of responsibilities between MAFF and the different operating authorities,
and the associated legal powers.
13. In addition to the works done by the
operating authorities, a number of defences are privately owned
and maintained. Companies such as Railtrack and those involved
in power generation, own and maintain significant flood defence
assets. Defences remain the responsibility of the riparian owner
unless they are adopted by operating authorities.
Legislative arrangements
14. The Minister of Agriculture, Fisheries
and Food has policy responsibility for flood defence (which includes
land drainage) and coast protection in England. The Ministry administers
relevant provisions in the following Acts:
(i) The Coast Protection Act 1949, covering
schemes to protect against coastal erosion of encroachment by
the sea;
(ii) The Environment Act 1995, the Water
Resources Act 1991 and the Land Drainage Act 1991 covering flood
defence matters including schemes to reduce the risks of flooding
from rivers and the sea. (Both 1991 Acts were amended by the Environment
Act 1995 and the Land Drainage Act 1991 was amended by the Land
Drainage Act 1994.)
15. These Acts empower the designated operating
authorities to undertake flood defence and coast protection measures.
They provide the relevant authorities with powers to carry out
flood defence and coast protection measures but do not require
them to be carried out, or set any benchmarks as to standards
of service. They also provide for Ministers to offer financial
support to operating authorities for certain of these measures
(see "Funding arrangements" below).
16. In carrying out their functions under
this legislation, operating authorities and Ministers are, among
other things, required to exercise their powers to further conservation
and enhancement of natural beauty, and the conservation of flora,
fauna, geological and geomorphological features of special interest,
consistent with the purposes of any enactments relating to their
functions, and to have regard to the desirability of protecting
and conserving buildings, sites and objects of archaeological,
architectural or historic interest. The Environment Act 1995 places
additional conservation responsibilities on the Environment Agency.
The Agency also has responsibilities in relation to water related
recreation and inland fisheries and must have regard to the effect
that proposals would have on the economic and social well-being
of local communities in rural areas.
The nature of works carried out
17. The flood and coastal defence programme
involves the following types of works:
Long term capital projects
— constructing flood warning systems;
— building "hard" defences
such as sea and river walls, tidal barriers etc;
— building "soft" defences
such as recharging beaches with sand or shingle; and
— providing infrastructure such as
pumping stations.
Maintenance
— keeping capital works in good repair;
and
— removing obstructions from river
channels.
Operations
— the operation of certain types of
defences such as pumping stations and tidal barriers.
Others
— carrying out studies of risk so that
work can be prioritised and a national strategy maintained;
— research and development;
— supervision of flood defence programmes;
and
— administration of legislation.
