APPENDIX
AGRICULTURE SELECT COMMITTEE: IMPLEMENTATION
OF THE COMMITTEE'S RECOMMENDATIONS
(1997-98 Session) Flood and Coastal Defence
GENERAL UPDATE
1. The Government has made significant progress
in implementing the agreed recommendations in the Committee's
report. In particular, interim High Level Targets for Flood and
Coastal Defence were published by MAFF in May 1999 followed by
more comprehensive targets in November 1999 (which take effect
from April 2000). The targets are intended to facilitate a more
certain delivery of national policies and objectives for flood
and coastal defence and include an Elaboration of the Environment
Agency's Flood Defence Supervisory Duty. This reflects particular
concerns expressed by the Committee and the targets impact on
many of its recommendations.
2. Linked to a number of the Committee's
recommendations is implementation of the recommendations of the
Independent Review of the Easter 1998 Floods (the "Bye"
Report). The measures to ensure the Government's stated aim of
a seamless and integrated approach to flood forecasting, warning
and response were incorporated into the Environment Agency's Action
Plan for implementing that report, published in November 1998.
The Government has closely monitored progress in implementing
that Action Plan and has reported to Parliament at regular intervals.
SPECIFIC ACTION
3. This section is in two parts. Part 1
sets out the action taken by the Government in pursuit of the
recommendations to which it agreed (or provides any updating which
is likely to be of interest to the Committee. Part 2 sets out
those recommendations to which the Government has nothing to add
to its initial response to the Committee.
PART 1
Survey of flood defences
Recommendation e: "The Environment Agency
is currently about half-way through a national visual survey of
the state of river defences: this survey is expected to be completed
in April 2000. We appreciate the scale of the task facing the
Agency—there are 31,000 km of "main river" alone
for which it is responsible—but we believe that additional
resources need to be devoted to this survey to ensure it is completed
at the earliest possible date."
4. Arrangements for inspecting and recording
the condition of all flood defences (including those in private
ownership) have been pursued through the Environment Agency's
Action Plan for implementing the Bye Report and will be taken
further forward in MAFF's High Level Targets. The latter require
a National Flood and Coastal Defence Database to be developed
by September 2000 with additional targets to ensure its continued
updating. Defences are to be identified and inspected, the results
recorded on the database, and flooding and erosion risks assessed.
Existing funding arrangements for flood and coastal
defence
Recommendation f: "Our opinion is that
MAFF and the DETR should undertake a joint review of the current
mechanisms for public financing of flood and coastal defence works
. . . in order to safeguard life and property in the long term,
the piecemeal, reactive approach to maintaining defence works,
endemic in the current system, must be replaced by a considered
national strategy drawing the appropriate balances between maintenance
and new developments."
Recommendation g: "So far seemingly little
attention has been given . . . to the setting aside of contingency
expenditure to address the financial ramifications of the Ministry's
more positive approach towards soft defence and the managed realignment
of the coast . . . If MAFF is genuine in its advocacy of a strategic,
sustainable approach to the UK coastline, action on these issues
cannot be put off."
Recommendation h: "Potentially there
are strong arguments for the centralisation of all funding on
flood and coastal defence in a single national agency . . . we
urge the Government after proper consultation with operating authorities
radically to simplify the existing funding procedures . . . with
the aim of achieving measurable improvements in policy efficiency
. . ."
Constraints on flood and coastal defence projects
of current funding procedures
Recommendation i: "We favour the assumption
by Regional Flood Defence Committees and coastal groups of local
authority competence for flood and coastal defence. We recommend
that MAFF liaise with DETR to assess the difficulties confronting
district councils in funding this policy area. Furthermore, the
ring-fence on local and regional receipts should be removed to
permit resources to be used flexibly in the context of national,
rather than local priorities."
5. A consultation paper on a joint MAFF/DETR
review of flood and coastal defence funding mechanisms was issued
in April 1999. In addition to inviting comments on the current
funding arrangements, the consultation paper also sought views
on specific issues such as the distinction between the funding
of capital and maintenance works, central funding and ring fencing.
The responses were somewhat disparate and the options arising
are now being considered by both Departments. The Government continues
to work with the Environment Agency on the development of a possible
block grant payment to the Agency to support the capital programme.
Project Appraisal Guidance Note (PAGN)
Recommendation j: "MAFF must develop
methodologies addressing social and environmental criteria for
inclusion in PAGN. Operating authorities should also be required
to identify the best practicable environmental option from among
the range of choices submitted to MAFF, and such options should
be given increased weighting by the Ministry in the project approval
process. PAGN should provide greater encouragement for projects
with multiple functions . . . there must be far more transparency
in the process by which MAFFs decisions under PAGN are reached,
and the Ministry should review ways of simplifying and speeding
up the whole process of project appraisal."
6. Work to review and update project appraisal
guidance is reaching completion. New guidance on "economic
appraisal" was issued recently and further volumes will issue
in the next few months.
Rationalisation of legislative base of flood and
coastal defence policy
Recommendation k: ". . . the Government
should rationalise the legislative base of flood and coastal defence
policy in England and Wales . . . with, among other aims, the
ending of the artificial distinction between sea defence and coast
protection responsibilities. We recommend that coastal groups
take responsibility for sea defence and coastal erosion. Similarly,
the logical basis for dividing responsibilities for main river
and non-main river flood defence between the Environment Agency
and local authorities should be re-evaluated by the Ministry.
We recommend that the RFDCs take on responsibilities for flood
defence activities on non-main rivers currently undertaken by
local authorities and riparian owners."
7. The Government's undertaking to consider
with the Environment Agency and other operating authorities how
best to encourage and build on best practice has been addressed
through the High Level Targets. In producing publicly available
policy statements, all operating authorities will be required
to show how best practice will be adopted and shared.
Improving the delivery of national strategy for
flood and coastal defence
Recommendation l: "We recommend that
MAFF and the Environment Agency, as appropriate, provide clearer
guidelines . . . which should be updated in the light of the latest
scientific research, and be monitored at regular yearly or biennial
intervals to ensure that they are being observed."
Recommendation m: ". . . More must be
done by the Ministry to ensure operating authorities translate
national strategic priorities into positive action on the ground."
Recommendation n: "We propose a reorganisation
of institutional and administrative responsibilities for flood
and coastal defence which we urge the Government to consult upon
with relevant parties."
Recommendation o: "The functions of Local
Flood Defence Committees and Internal Drainage Boards would be
more appropriately discharged by Regional Flood Defence Committees
which should be responsible for the delivery of all inland flood
defence policy nationally working under the guidance and supervision
of the EA. The decision on how policy should be implemented in
particular regions . . . would be the responsibility of the relevant
committee in consultation with the EA and Regional Development
Agencies. . . ."
Recommendation p: "We think it inappropriate
to introduce a single agency with sole responsibility for flood
and coastal defence policy . . . Our general view is that, with
the appropriate mechanisms to ensure local level accountability,
flood defence responsibilities should instead be enhanced at the
regional level and through the Environment Agency assuming new
powers . . . "
8. The introduction of High Level Targets,
and the accompanying Elaboration of the Environment Agency's Supervisory
Duty, is a significant step forward in the Government's response
to these recommendations. The targets were developed through consensus
and in consultation with representatives of all of the flood defence
operating authorities and will be regularly reviewed. Information
on achievement of targets will be published. Other issues such
as the composition of Regional Flood Defence Committees and Central
Government funding will be addressed through the current MAFF/DETR
joint review of funding mechanisms.
Improving co-ordination between competent agencies
in the coastal zone
Recommendation q: "If Shoreline Management
Plans are to play the strategic role in coastal defence and foreshore
management . . . we believe their guiding provisions should be
given full statutory status in the local and regional planning
process."
Recommendation r: "Advancing the integrated
sustainable national coastal strategy advocated by MAFF will require
greater effort by the Ministry and DETR and all relevant parties
to develop and implement Coastal Management Plans, and to ensure
the objectives of relevant Shoreline Management Plans are prioritised
within them . . . "
Recommendation s: "We warmly endorse
the co-ordinated approach to coastal management through coastal
groups and believe a more strategic approach could be taken to
larger stretches of the UK coastline . . ."
9. The High Level Targets require the relevant
operating authorities to complete the strategy plans necessary
to implement Shoreline Management Plans (SMPs) and also update
SMPs in accordance with MAFF guidance that is planned for issue
in 2000. There are also targets relating to Coastal Habitat Management
Plans and on development in areas at risk of coastal erosion.
Integrating flood defence requirements within
the planning system
Recommedation t: ". . . a clear presumption
should be made against future development in flood plain land
where the flooding risk . . . is deemed to outweigh the benefits.
In such cases, the Agency should intervene at all stages of the
planning process in such a way as to deter inappropriate development
... We also urge local authority planning departments to have
regard to both the individual costs of flooding—loss of
lives, property and assets—and costs to the community .
. . that the granting of planning permission for inappropriate
development inevitably brings."
Financial obligations on private developers
Recommendation u: "In future, in those
exceptional circumstances where planning permission on land liable
to flooding is considered, the EA should have powers to require
developers to set aside sufficient monies for the provision of
the required flood defence works . . . before planning permission
is granted. This does not mean that private developers should
be able to evade or over-ride national or regional flood defence
strategy."
10. MAFF, DETR and the Environment Agency
are working on revised guidance to local planning authorities
on development in the floodplain (to replace Circular 30/92 "Development
and Flood Risk"). This will cover also the issue of contributions
from developers building in the flood plain. It is hoped that
interested parties will be consulted shortly.
Dissemination of information to the public and
acceptance of flood and erosion risk
Recommendation v: ". . . much greater
emphasis must be placed on the dissemination to the public of
locally-appropriate information on the degree of risk to persons
and property presented by flooding and coastal erosion . . . Title
deeds of properties at risk of inundation should be amended to
show clearly and unambiguously that this is the case, and this
information must be relayed to potential purchasers as part of
the property conveyancing process . . . The EA and local authorities
should ensure that persons at risk from flooding are made thoroughly
aware of the warning procedures in place and the action to be
taken in the event of emergency."
Availability of flood risk information
Recommendation gg: "The production of
flood warning hazard maps and their delivery to local authorities
must be made the Environment Agency's highest priority. Only when
these maps are completed can the process of standardising flood
warning procedures across the country be begun. We recommend that
in future the EA takes a strategic approach to managing runoff
within whole river catchments as part of Local Environment Agency
Plants, treating it as a cause of flooding rather than as a consequence
of it."
11. In line with its Action Plan for implementing
the Bye Report, the Environment Agency has completed the mapping
of indicative floodplains for all watercourses with a catchment
greater than 10 square kilometres in England and Wales. The maps
have been delivered to all Local Authorities for use in their
development control and emergency planning functions.
Water Level Management Plans (WLMPs)
Recommendation aa: "During this inquiry,
Water Level Management Plans were harshly criticised by witnesses
for their perceived shortcomings. As these plans are designed
to safeguard the very best of the country's wetland and wildlife
heritage, we believe there is an urgent need for MAFF to examine
the existing Water Level Management Plan framework to establish
whether amendment is necessary."
12. The High Level Targets require relevant
operating authorities, in partnership with English Nature, to
complete WLMPs in European sites by March 2000 and in other SSSIs
by December 2000. Additional targets provide for the implementation
and review of WLMPs and for reporting to MAFF on progress. MAFF
issued further guidance to facilitate Plan completion in 1999.
Habitat conservation and recreation
Recommendation dd: "We strongly approve
of MAFF's policy to safeguard Special Areas of Conservation, designated
under the EU Habitats Directive on rapidly eroding coasts, and
urge the Ministry to bring forward proposals for implementing
the new policy as soon as possible, including provisions for recreating
wetland habitats elsewhere, and the means of monitoring policy
progress."
13. The policy statements required by the
High Level Targets are intended to set out the arrangements that
the operating authorities have in place to protect and enhance
the environment when carrying out flood defence works. Specific
targets for reporting progress on Biodiversity and Coastal Habitat
Management Plans are also in place.
Environment Agency's flood defence priorities
Recommendation ff: "With the extra finance
which is expected to be made available for flood warning following
the Comprehensive Spending Review, we urge the Environment Agency
to broaden its flood warning coverage to areas at moderate flood
risk, as well as those at high risk, urgently and to make further
improvements to the flood warning systems already in place."
14. The Government has continued to monitor
and report on the progress made by the Environment Agency in completing
the flood warning activities identified in its Action Plan for
implementing the Bye Report. These include the completion of a
review of the Flood Warning Strategy for England and Wales and
the setting up of a new National Flood Warning Centre to help
ensure a more uniform approach to flood forecasting warning and
response. The Agency plans to introduce new flood warning codes,
to replace the existing colour coded arrangements, by September
2000.
Flood warning dissemination
Recommendation ii: "We believe more must
be done to standardise interorganisational procedures for flood
warning, both regionally and nationally. Co-ordination between
the Environment Agency, local authorities and emergency services,
although good, must be further improved. We believe a crucial
element in improving dissemination is to raise public awareness
of the inherent risks of living in flood prone areas, and to provide
accurate, straightforward information to people on what to do
and whom to contact in the event of a flood emergency. We were
particularly surprised that it was not already obligatory for
all local public and commercial radio and television stations
to carry flood warnings on air, and would urge MAFF to make this
a requirement in future."
15. The Environment Agency has developed
a Communications Strategy which sets out the approach to raising
public awareness and understanding of flood risk, flood defence
and the flood warning service. An initial public awareness campaign,
part funded by MAFF, was completed in October 1999 and a further
campaign is planned for 2000.
PART 2
16. The Government has nothing to add to
its initial response to the following recommendations.
Recommendation a: Human Intervention in flooding
and erosion processes
Recommendation b: Government's plans for flood
and coastal defence expenditure
Recommendations c and d: The changed policy context
for flood and coastal defence
Recommendations w and x: Long term adaptive policies
at the coast and inland
Recommendation y: Departmental responsibility
for flood and coastal defence
Recommendation z: Fulfilling the Government's
national strategic aim for flood and coastal defence
Recommendation bb: Rewarding individual action
benefiting the community
Recommendation cc: Accelerating the implementation
of soft engineered approaches to flood and coastal defence
Recommendation ee: Difficulties in predicting
floods
Recommendation hh: MAFF flood disaster contingency
fund
Ministry of Agriculture, Fisheries and Food
January 2000
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