Memorandum submitted by Environment Agency
SUMMARY
— Our aim is to look after the environment
and make it a better place for people and wildlife, for present
and future generations.
— We are a modern regulator and our
risk-based approach has delivered real environmental improvements
to air, land and water.
— We want to provide a good, consistent
service and give value for money. By targeting our limited resources
and streamlining our activities we have become more effective
at protecting the environment and have made savings.
— We work to build good relationships
with our customers, the public and a wide range of other stakeholders.
We look forward to a constructive working relationship with Natural
England.
— We know we have more to do. Climate
change and flood risk are just two of the challenges ahead. We
advise government, the public and stakeholders on ways to better
manage natural resources and reduce and adapt to environmental
risks.
— Our new Corporate Strategy will take
us forward to 2011. We have reviewed our priorities and look forward
to the Committee's views on our future direction.
1. INTRODUCTION
The Environment Agency welcomes this inquiry
which takes place as we approach our 10th anniversary.
We are an executive non-departmental public
body, sponsored by Defra and the Welsh Assembly Government. We
play a central role in protecting and enhancing the environment.
Our work is primarily aimed at reducing pollution and waste, managing
water and rivers, protecting wildlife species and their habitats
and promoting the use of our rivers for recreation. Among our
many responsibilities, we work to ensure that air and water are
clean, we protect against flooding and pollution, we promote wiser
use of resources and we work to combat environmental crime.
Working with the Government's strategy for sustainable
development, we have set out our clear, long-term objectives for
the environment in a long-term Vision for the Environment. This
vision was published in 2001 and is being implemented through
successive five-year strategies. We consulted widely on both our
Vision and our five-year strategies.
Our Vision for the Environment and the strategies
to implement it focus on nine environmental themes.
We want two things:
— a better quality of life, and
— an enhanced environment for wildlife.
This means that we need to protect and improve
the basic elements of the environment, to provide:
— cleaner air for everyone,
— improved and protected inland and
coastal waters, and
— restored, protected land with healthy
soils.
To do this we need to make some fundamental
changes and help achieve:
— a greener business world, and
— wiser, sustainable use of natural
resources.
And we will need to manage two major and very
real risks by:
— limiting and adapting to climate
change, and
The Strategy also outlines the Environment Agency's
five strategic roles and how it will develop these in order to
achieve its environmental outcomes.
They are:
— Efficient Operator—we
take direct action locally to safeguard and improve the environment,
for example by building flood defences to reduce the risk of flooding
to vulnerable homes and businesses, managing navigation on our
major rivers and looking after wildlife on sites we own. Our programme
of efficiency savings means we get the most for the environment
from our resources and are economic with charge-payers' money.
— Modern Regulator—we
deliver for the environment by taking a risk-based, proportionate
approach that drives improvements and rewards good performance,
but takes tough action against those who fail to meet acceptable
standards.
— Influential advisor—we
advise government, in the EU, nationally, regionally and locally
on the development and implementation of environmental policy
and strategy, based on our scientific knowledge and our wide operational
and regulatory expertise. We take an independent knowledge-based
approach. We provide advice to all those partners and others who
need to act if our environmental outcomes are to be achieved.
— Active communicator—we
promote information about the environment in ways which highlight
the need for change. We report on the state of the environment
on a regular basis. We are active in public debate, persuading
key stakeholders that environmental change is needed, for example
through World Environment Day, the Spotlight Report on
business environmental performance. We target our communications
eg to people at risk of flooding. We actively engage with local
communities and authorities, regional bodies, industry and other
stakeholders.
— Champion of the environment
(within the context of sustainable development)—our primary
purpose is to promote the safeguarding and improvement of the
environment, but we ensure that we understand the social and economic
implications of our decisions and policies.
We are now consulting on our new strategy for
2006-11 called Creating a better place. This sets out how
we will develop and continue to work towards our Vision. The document
takes into account Defra's own five-year strategy and the Welsh
Assembly Government's developing Environmental Strategy for Wales.
We value the Committee's views in shaping our future direction.
Each year we publish our programme of work agreed
with Government in our Corporate Plan and set out our progress
in our annual report which is laid before Parliament.
In the 10 years we have been here, we have achieved
real success for people and the environment across air, land and
water. The recently published State of the Environment report
shows what is going well in terms of environmental outcomes and
where challenges remain. We do not underestimate the scale of
the challenges that lie ahead and to succeed we will need to work
ever more closely with government, industry and the public to
create a better place for people and wildlife.
2. HOW SUCCESSFUL
THE ENVIRONMENT
AGENCY HAS
BEEN IN
ITS ROLE
AS ENFORCER
OF ENVIRONMENTAL
REGULATION AND
CONTROLS, AND
HOW WELL
IT MANAGES
ITS WIDE
RANGE OF
ACTIVITIES
We are a modern regulator and our risk-based
approach has delivered real environmental improvements to air,
land and water. We take an integrated approach to river catchment
management, enabling us to manage and advise on the interconnected
needs of flood risk, water resources, conservation, fisheries,
recreation and navigation.
2.1 Modern regulation
Our approach to regulation focuses on environmental
outcomes. We use a risk-based approach to prevent or minimise
environmental impacts on air, land and water by targeting our
effort where it is most needed. We look for the right balance
between improving the environment, rewarding good performance,
reducing administrative burdens and taking tough action on those
who fail to meet acceptable standards or operate illegally. This
approach complements the use of taxes, trading schemes, voluntary
agreements, advice and information and environmental management
systems in a modern approach to regulation which achieves effective
environmental outcomes.
This approach, working in partnership with others,
has produced a track-record of continuous environmental improvements:
— Water quality—Bathing
water quality and the biological quality of rivers is the best
ever. In 2005, 99% of bathing water passed the EU's mandatory
standards, compared to 95% in 2000. Over 71% of rivers were of
good quality in 2004, up from under 69% in 2000.
— Wildlife—With our partners
we have made significant progress in improving wildlife habitats
and in achieving the outcomes of our Species Action Plans. For
example, otters have spread to 36% of rivers in England and 71%
in Wales.
— Land—In the first six
months of 2004-05, we enabled the clean up more than 1,300 ha
of contaminated land, against a target of 677 ha.
— Greener business—44%
of the sites we assessed in 2004 had the highest standards of
environmental management. Pollution incidents caused by businesses
are the lowest on record. Between 2000 and 2004, serious incidents
declined by more than a quarter.
— Natural resources—Hazardous
waste production at the sites we regulate is at its lowest on
record, declining by almost a fifth between 2000 and 2004. At
the same time, the recovery of all wastes produced at those sites
is at its highest ever. In 2004, more than half the waste produced
was recovered for further use, compared to about a third in 2000.
We have also worked with companies we do not directly regulate
in order to improve their environmental performance.
— Air quality—The industry
we regulate has reduced its releases of pollutants to air. Between
2000 and 2004, the release of dust (PM10) and 1,3-butadiene has
more than halved, volatile organic compounds have been reduced
by 40%, and sulphur dioxide has decreased by a third.
— Flooding—Five million
people in England and Wales are at risk of flooding. Climate change
could see the number of people at "high" risk rising
from 1.5 million to 3.5 million by 2080. Since 2002 we have provided
improved flood protection to over 72,000 homes by building new
defences and improving existing ones. We reduce average annual
flood damage by about £2 billion per year.
— Climate change—We take
account of climate change in everything we do and are planning
for the impacts across all our areas of responsibility. We are
also the competent authority for the EU Emissions Trading Scheme.
We are recording more greenhouse gas releases from the industry
we regulate because more sites (such as waste sites) are now reporting
their emissions to us. However, between 2003 and 2004 there was
a decrease of 0.5%, and we are now in a position to more accurately
assess the impact of the industry we regulate and better advise
on both reducing the causes and limiting the impact of climate
change.
Many of our modernisation initiatives were recognised
as models of best practice in the Hampton Review on regulatory
inspections and enforcement, published in March 2005.
Our risk based approach set out in our publication
Delivering for the environment: A 21st Century approach to
regulation and our web guidance tool "NetRegs" for
small and medium-sized enterprises were specifically endorsed
in the Review.
However, we do not have control over the whole
process of regulation. We are heavily reliant on Europe and our
sponsor departments to provide legislation that is straightforward
for business to understand and for us to implement. We are working
with Government and other stakeholders to overcome some significant
barriers that remain. For example we would like to see:
— A simpler regulatory framework (including
statutory guidance) at EU and domestic level that enables more
proportionate risk-based approaches. A simplified, consolidated
and more consistent framework will deliver greater transparency
and predictability and reduce burdens for business. For example
we are working jointly with Defra on the Environmental Permitting
Programme to consolidate and simplify existing Waste Management
Licensing and Pollution Prevention and Control permitting regimes.
— Clarification of the policy/delivery
interface. Greater delegation to the Environment Agency, for example
of waste exemption-making powers, would allow us (in consultation
with business) to iron out inconsistencies across different regimes
and increase the effectiveness and responsiveness of the regulatory
system, while reducing complexity for business.
— Developing advisory services. We
recognise the vital role of advice in assisting businesses to
achieve compliance. However the funding of such advisory services
is challenging. Without a grant from the Treasury Capital Modernisation
Fund, NetRegs would have taken 25 years to reach its current status.
We are working on future funding mechanisms to further develop
NetRegs and for other advisory services.
— A single designated Government Department
policy lead on Producer Responsibility regulations. These ensure
those who produce goods take responsibility for their disposal.
A single lead would ensure clear accountability and consistent
regulatory approaches. Currently the lead is divided between DTI
and Defra.
— A project-managed approach by government
working with the Environment Agency to the implementation of EU
and national legislation, allocating clear responsibilities and
timescales to ensure legislation is implemented in a timely way
and gives business and the regulator adequate time and clarity
to make preparations.
2.2 Enforcement and prosecution
Enforcement and prosecution are important tools
underpinning our work as a modern regulator. We use a range of
measures, from warnings and cautions to prosecutions, to protect
the environment and improve people's quality of life. We have
been continuing to direct our efforts where they are most needed,
towards poor performers and illegal operators.
In 2004 we successfully prosecuted 233 limited
and public limited companies, 18 more than in 2003, resulting
in fines totalling £2.3 million. However, we are always working
to improve our performance by addressing key barriers such as:
— Low fines. Whilst we have
had some substantial fines for major cases (for example £240,000
for Sevalco, £150,000 for Thames Water and £75,000 for
Pizza Express) the average fine for business in 2004 was £8,500.
This is £550 less than in 2003.
— Inconsistency in sentencing.
This is considerable, and is due in part to the lack of familiarity
that courts have with environmental cases. We prosecute approximately
750 cases a year involving all types of offenders, corporate and
individual. With approximately 38,000 magistrates across the country,
the likelihood of them handling environmental casework on a regular
basis is remote. We believe a number of magistrates should be
trained and given greater experience by all environmental cases
being grouped together and heard by them.
— Lack of deterrence. There
are no recommended fine levels or entry points for the courts
with the result that fines are often less than the profit gained.
We need a general principle that no one should profit from environmental
crime and powers for the criminal courts to order companies or
individuals to clean up the pollution they have caused.
— More flexible penalties. For
larger companies, we need the courts to be able to use penalties
that will gain the attention of the boardroom, shareholders and
customers. These could include higher fines coupled with new penalties
such as adverse publicity orders, corporate probation or community
benefit orders and remediation orders.
— Regulator-applied penalty powers.
These would enable the regulator to propose the payment of a penalty
by an offender as an alternative to court action. The offender
would be free to accept or reject the proposed penalty. It would
be important that penalties imposed by the courts were equivalent
to or higher than the administrative penalties. This would provide
a faster and more effective process for cases where there is no
dispute about responsibility for environmental damage.
2.3 Recreation and navigation
Our work on recreation and navigation in inland
and coastal areas provides opportunities for people to enjoy the
environment and improve their health. We manage nearly 1,000km
of Britain's rivers, and are the Harbour Authority for Rye and
the Conservancy Authority for the Dee Estuary. More than a million
people buy fishing licences from us each year and a further two
million fish on an occasional basis.
Our integrated catchment management means we
are ideally placed to integrate the positive benefits from recreation
with the sometimes conflicting needs of flood risk management,
water supply, biodiversity and fisheries protection. Recent improvements
we have made include:
— opening up new stretches of river
for canoeing and kayaking;
— creating new havens for wildlife
on rivers, wetlands and waterways;
— making sure the places people fish
rival the best in the world.
2.4 Marine
We have recently published our marine strategy
and welcome the opportunity presented by the forthcoming Marine
Bill. We want the Bill to introduce a system of marine spatial
planning, better protection measures for marine biodiversity and
fisheries and clear, allocated responsibilities for managing and
regulating activities in the marine environment.
2.5 Water resources
We are responsible for managing water resources
in England and Wales to balance the needs of people, businesses
and the environment. Anyone who wants to take a significant volume
of water from rivers, lakes or groundwater must apply to us for
a licence. There are 23,000 licences controlling the abstraction
of about 36 billion litres a day.
We take the lead with the water companies in
planning future water resources. We have catchment abstraction
management strategies setting out future policies for abstraction
to ensure the environment is protected. Our Restoring sustainable
abstraction programme is dealing with environmental problems
caused by historic over-abstraction. We review and advise ministers
on water companies' drought plans and long-term water resources
plans to make sure that water resources are properly managed.
Our view is that the long-term sustainable management
of water resources requires urgent effort and investment in demand
management and water efficiency as well as development of new
water resources, including reservoirs. This includes compulsory
household metering in water-scarce parts of south-east England,
along with stricter regulations governing the environmental performance
of new developments and action to retrofit water efficiency measures
to the existing housing stock.
3. WHETHER THE
AGENCY OPERATES
EFFICIENTLY AND
PROVIDES GOOD
VALUE FOR
MONEY
Our operating budget in 2005-06 for protecting
and improving the environment and flood risk management is £1
billion. This comes from income raised from charging schemes and
Government grants and other income generated from our activities.
Wherever possible we ensure that the polluter or beneficiary pays
our costs.
We aim to provide good value for money by applying
tight budgetary controls and all project expenditure must be justified
on both environmental and economic grounds.
3.1 Increasing efficiency
Recent increases in efficiency have been our
best ever, delivering £17 million of savings in 2002-03,
£20 million in 2003-04 and £26 million in 2004-05. Our
target for 2005-06 is £30 million and latest forecasts show
we should achieve this figure. We believe that we are capable
of exceeding the £25 million target for both 2006-07 and
2007-08.
These savings have been delivered through various
projects at both national and local level and in the back office
and at the frontline. These include the on-going development and
implementation of a single Finance and Human Resources IT system,
introducing an integrated flood risk management structure, developing
a new Floodline warning system, improved procurement processes,
restructuring Customer and Business Services and the creation
of a new National Customer Contact Centre.
Activity-based costing is providing management
information that will be used to identify and share good practice
across areas and regions that will further improve our performance
and efficiency. It is currently being implemented in four processes:
water quality permitting, waste permitting, water resources permitting
and water quality sampling across four areas.
These savings are required to meet inflation
pressures and so pass onto our customers through lower charges
or to reinvest into the business to meet new environmental and
legislative workloads.
3.2 Procurement
We have recently completed our third external
benchmark study comparing procurement operations against 120 public
and private sector organisations. Results indicate that we perform
high in the upper quartile in the delivery of strategic procurement.
In addition, our sustainable procurement operations have been
benchmarked against 12 international sustainable procurement leaders.
We were placed first in the UK and second internationally. Any
procurement contract in excess of £25,000 has to go through
a sustainability risk assessment that examines the whole life
costs. For example, in purchasing pumps for the Wheal Jane Minewater
Treatment Plant, full-life costs were assessed for each alternative
including maintenance and energy consumption, resulting in the
lowest overall cost being secured.
3.3 Performance management
We measure our effectiveness through an integrated
performance management system based on a "Corporate Scorecard".
This measures our strategic objectives through key performance
measures to ensure that we continue to improve our performance
and deliver greater savings. It ensures that there is a single
framework of measurement by which Agency staff can judge their
performance and the Board can monitor Agency performance and account
to ministers and Parliament.
3.4 Modernising regulation and efficiency
Our Modernising Regulation Change Programme
is increasing the efficiency and effectiveness of the delivery
of our regulations. Targeting our regulatory resource to where
it is most needed delivers better environmental outcomes and allows
us to pass on savings that we make to our customers.
Examples of this include:
— Saving money. From 1 April
2005, holders of 23,000 low-risk abstraction licences were released
from the licensing regime as a result of measures we proposed
for the Water Act 2003. These holders (around 48% of total abstraction
licences) will save approximately £1 million a year in total.
— Targeting resources. We have
reduced the number of low-risk waste inspections from 125,000
to 84,000 a year, freeing our resources for more detailed site
audits of higher-risk sites and to tackle illegal operators.
— Cutting red tape. Working
with Defra and industry we pushed for modern, risk-based approached
to new legislation. As a result, at least 500,000 potential new
low-risk hazardous waste producers did not need to register with
us, saving them around £14 million a year.
— Cutting paperwork. We are
increasingly looking to develop electronic applications which
make life easier for our customers. For example on-line applications
for fishing rod licences.
4. THE STRUCTURE,
GOVERNANCE AND
ACCOUNTABILITY OF
THE ENVIRONMENT
AGENCY
The Environment Agency aims to be an open and
transparent public body. The environment belongs to all of us
and we consider that we are accountable to everyone. We have a
number of ways of involving people in our work and making them
aware of our decisions.
4.1 Structure and Governance
We currently have 14 board members from a wide
range of backgrounds mostly appointed by the Secretary of State
for Environment, Food and Rural Affairs. The Welsh Assembly Government
appoints one member. We work closely with Defra to actively encourage
applications and appointments from ethnic minorities and disadvantaged
groups. All appointments are made in accordance with Nolan principles.
As required by the Environment Act 1995, each
of our seven regions and Environment Agency Wales has three statutory
committees (Regional Flood Defence Committee, Regional Fisheries,
Ecology and Recreational Advisory Committee and a Regional Environmental
Protection Advisory Committee). The chairmen of each of the committees
and, in the case of regional flood defence committees, some of
the members, are appointed by the Secretary of State.
4.2 Organisation
As a national organisation we are able to regulate
major industries on a consistent basis across the country, work
with national organisations, tackle cross-boundary pollution and
deal with environmental criminals who will go to great lengths
to avoid detection and prosecution. At the same time, we are structured
to deliver local, on the ground environmental improvements tailored
to local conditions through our Regional and Area teams.
Our customers and stakeholders have impressed
upon us the need for consistency in our approach. In response,
we have successfully implemented an internal restructure (Better
Regulation Improving the Environment, or "BRITE") that
has produced greater consistency and efficiency, for example by
the provision of clear technical advice from national experts
to front line staff. We have also restructured to focus in one
place functions best performed once on a national basis for the
whole country.
We value the skills and commitment of our staff
and recognise the benefits of a workforce that reflects the diversity
of the communities we serve. We continually look for ways to improve
the way we manage and develop our people and have been awarded
accreditation as Investors in People. Our annual staff survey
reported in 2005 that 83% of employees would recommend the Environment
Agency as a good place to work. This has improved steadily over
the last five years. Our programme to increase the diversity of
our staff is also starting to be reflected in the people we employ.
4.3 Accountability
Our Board meetings and the meetings of all our
regional statutory committees are open to the public. Board agendas
and papers are available on our web-site in advance of meetings.
We consult the public on proposed policies and work extensively
with trade bodies, non-governmental organisations, the general
public and local, regional, Welsh Assembly and central government.
We also work constructively with other organisations in England,
Scotland and Northern Ireland, Europe and internationally.
Formally, we are accountable to Ministers and
through them to Parliament. We are also accountable to the Welsh
Assembly and subject to scrutiny by many Committees of both Houses
and the Assembly (for example, the Environment, Food and Rural
Affairs Committee, the Environmental Audit Committee and other
select committees, including the Public Accounts Committee). A
report on our activities and our annual accounts and their audit
by the National Audit Office is laid before Parliament each year
and published. A separate report on our activities in Wales is
prepared and submitted to Welsh Assembly Government.
We are subject to investigation by the National
Audit Office, the Auditor General for Wales and Parliamentary
and Local Ombudsmen. We have a publicly available complaints and
commendations procedure. We are also accountable to those we regulate
via appeals against our decisions and action in the Courts. We
make information on the environment and on our activities widely
available. Many documents are available for public inspection
on the Agency's public registers and we provide information in
accordance with, and, where resources permit, beyond, the requirements
of the Environmental Information Regulations.
5. ITS RELATIONSHIPS
WITH DEFRA,
DEFRA-SPONSORED
BODIES AND
THE REST
OF GOVERNMENT,
INCLUDING THE
AGENCY'S
ROLE IN
THE PLANNING
SYSTEM
5.1 Sponsorship arrangements
We are an executive NDPB sponsored by Defra
in England and by the Welsh Assembly Government (WAG) in Wales.
We are accountable for our activities in England to the Secretary
of State and she in turn is accountable to Parliament for these
activities, for our charging regimes in England and Wales and
for our expenditure in England. We are accountable through WAG
to the National Assembly for Wales for our activities and expenditure
in Wales.
Each year we agree a programme of work with
our sponsors which will take forward our corporate strategy, deliver
on government targets and which is published in our corporate
plan. We discuss our progress formally with Defra ministers twice
a year and present it in our annual report at year-end. For Wales
we produce a separate corporate plan with an annual programme
of work prepared in response to a Remit Letter issued by the WAG
minister. Our progress is formally discussed on a quarterly basis
with WAG officials and twice a year with the minister. We also
produce a separate annual report and accounts for Wales.
5.2 The Environment Agency's role as an advisor
The Environment Agency plays a critical role
in providing independent and expert advice to government on environmental
matters.
We use our knowledge and practical experience
as a regulator and operator to advise national, regional and local
government as well as other bodies about the state of the environment
and the impact of current policies and practices. Using our experience
of practical implementation, we make recommendations to government
about how policies and their delivery should be implemented to
protect and enhance the environment.
5.3 Effective partnership working with government
departments
We work with Defra to promote the environment
across government. Our Chief Executive and Chairman have regular
meetings with ministers and officials across Whitehall and our
policy and operational experts work in close partnership with
colleagues in government departments, including ODPM, DfT, DTI,
DoH, Cabinet Office and the Treasury.
We contribute to the delivery of a number of
the Government's Public Service Agreement targets and we have
provided the evidence to underpin a number of the Government's
policies and commitments.
We also worked closely with the Defra Sustainable
Development Unit on the development of the Government's sustainable
development strategy Securing the Future including the
data for some of the sustainable development indicators that Government
uses to assess progress in delivery of the strategy. We are also
working closely with Defra in taking forward initiatives in the
strategy, for example developing policy on environmental inequalities.
We have worked closely with Defra on the development
of domestic legislation (for example the Clean Neighbourhoods
and Environment Act 2005 and the current Natural Environment and
Rural Communities Bill). We advise and assess the operational
implications and effectiveness of a wide range of proposed policy
and legislative developments that have implications for the environment,
including new duties originating from EU legislation. Implementation
of the Water Framework Directive provides an example of such partnership
working.
We have worked closely with ODPM on a number
of issues related to sustainable communities and planning. For
example we provided an expert input to Planning Policy Statement
PPS10 Planning for Sustainable Waste Management through
the secondment of one of our waste policy staff to the ODPM to
assist with its drafting. We were also involved with the Sustainable
Buildings Task Group and the development of the Code for Sustainable
Buildings. We have also been active in ensuring that the Thames
Gateway and the growth areas take account of environmental issues,
including flood risks, energy and water efficiency, sustainable
construction, infrastructure and green space. The recent government
statement on housing growth identified us as advisers to ODPM
on the location of new housing growth areas.
We work closely with the Treasury and the Cabinet
Office to ensure more modern approaches to regulation which ensure
maintenance of proper environmental standards.
Each year we provide around 1000 briefings for
ministerial correspondence and Parliamentary Questions to Defra
and other government departments.
In Europe, we have increasingly worked with
government to improve the practicality and effectiveness of individual
EU regimes and to help modernise EU legislation and regulation.
We work closely with and help direct the network of EU regulators
and the network of EU Environmental Protection Agencies.
5.4 Partnerships with other agencies
We work with other government agencies, particularly
English Nature, the Forestry Commission and the Countryside Agency,
with whom we have recently signed a Memorandum of Understanding
(MoU) on joint working. An example of collaborative work is the
joint guidance we produced with other agencies on Regional Spatial
Strategies and Local Development Frameworks Environmental Quality
in Spatial Planning. We have similar collaborative arrangements
in Wales. For example we worked with the Countryside Council for
Wales and Forestry Commission to produce a joint report on the
state of the Welsh environment A living and working environment
for Wales.
We have also recently signed a MoU with the
Department of Health and Health Protection Agency which sets out
arrangements for a collaborative programme of work linking health
and the environment.
5.5 Partnerships at the local level
Our advisory and partnership role is actively
pursued at a local level. We work with Local Strategic Partnerships
to help drive a better quality of life for local people.
We are committed to do more to help local authorities
and others improve urban and rural environments, particularly
in disadvantaged areas and to deal with environmental inequality
and the links between a poor environment and poor health.
5.6 Effective land use planning
The Agency advises on land use planning, including
advice on regional planning (Regional Spatial Strategies), development
plans (Local Development Frameworks) and planning applications.
In some cases our role is defined in statute.
For example we are a "specific consultation body" in
respect of Regional Spatial Strategies, Local Development Frameworks
and Supplementary Planning Documents; a "consultation body"
for Sustainability Appraisal; and a "statutory consultee"
under Article 10 of the Town and Country Planning General Development
Procedure Order for certain applications and under the Strategic
Environmental Assessment (SEA) and Environmental Impact Assessment
Regulations.
A recent example is our work to assist the development
of Regional Spatial Strategies (RSS) in the South East and East
of England. In both cases we have helped to map pressures on the
environment, particularly in relation to water resources and water
quality. We have proposed policies that address the impacts we
have identified in our submissions and evidence to Examinations
in Public. We have provided guidance jointly with other environmental
agencies on RSS in Environmental Quality in Spatial Plans.
Each year we are consulted on around 60,000
planning applications. For example, on issues such as flood risk
we are effectively a "watchdog" on the application of
national government policy. We report annually on the way Local
Planning Authorities have used our advice on planning and flood
risk and this evidence base has been especially helpful to the
ODPM in its current review of Planning Policy Guidance note PPG25
Development and Flood Risk.
6. THE AGENCY'S
RELATIONSHIP WITH
NON-GOVERNMENTAL
STAKEHOLDERS AND
THE GENERAL
PUBLIC, AND
HOW THE
AGENCY MONITORS
SATISFACTION WITH
ITS SERVICES
In recent years we have further increased our
efforts to build open, honest and constructive relationships with
stakeholders and the general public. We actively seek a broader-based
advisory system which goes beyond our statutory advisory committees.
We need these relationships to help us make the environment a
better place.
Our primary aim is environmental benefit and
we tread a balanced path between often-competing interests of
a range of stakeholders.
6.1 Monitoring satisfaction
Fundamental to these relationships is a good
understanding of our different audiences. We therefore have a
full market research programme, which amongst other things tells
us how satisfied people are with our work and the services we
provide. We have assessments of satisfaction from corporate and
personal customers, civil servants, Members of Parliament, local
authorities and journalists. We are now broadening this to include
a wider range of stakeholders. Results over a number of years
show a growing favourability and trust in our work.
We also use market research to inform the development
of our services. One of the best ways for us to be more responsive
is to incorporate a good understanding of others into our work
from its inception. As we are the only provider for most of the
services we provide we have a duty to ensure that the services
really reflect customer and stakeholder needs and aspirations
as well as delivering effective environmental outcomes.
6.2 Working with business
We work closely with a range of business, trade
and professional bodies. One key component of our work with business
are our Sector Plans developed jointly with a range of business
sectors, for example the cement, nuclear, chemicals, farming,
water and waste industries. These describe the environmental performance
of each industry and how they can improve. They set out environmental
priorities, objectives and indicators of performance typically
covering the next five to fifteen years and have timetables for
key actions for both industry and ourselves.
We have received a lot of support for this approach
from industry, who see Sector Plans as a tool to help with their
long term planning, going beyond traditional regulation by looking
at the issues facing their sector from a wider perspective.
6.3 Meeting the needs of the general public
Our work with the general public is built around
those affected by specific environmental issues, such as waste
permits for a particular site or our campaign on flood awareness.
We have worked hard to promote United Nations World Environment
Day, seeking a very wide range of partners and aiming for behaviour
change by companies, organisations and the general public. However,
the resources we can apply are small compared to the campaigns
that can be run by central government. We are not resourced to
run large-scale campaigns aimed at the public at large.
The Environment Agency also has a comprehensive
Customer Charter and our national Customer Contact Centre, which
provides a single point of contact, takes an average of 4,000
calls a day. Services such as Floodline, What's In My Backyard?,
our website and our publications serve millions. Our strategy
for organisational development puts customer needs at the heart
of what we do, accepting that every member of staff has a contribution
to make.
6.4 Working with communities and others
Our Building Trust With Communities programme
is an approach that puts the concerns of others into the heart
of our work, treating them as partners. For example, in the Devon
village of Shaldon, where we have identified a risk of flooding,
we have not simply offered the community a flood defence scheme
or even a choice of schemes. Instead we are working with stakeholders
from the beginning, assessing the nature of the problem and the
scale of the risk together. Next we will work together on possible
solutions. We will still have our professional view, but we accept
that the views of others matter too.
Our work to tackle the serious problem of flytipping
is an example of where we work co-operatively with local businesses,
the public and key partners such as local authorities, the Regional
Development Agencies, Envirowise and the Police. We aim to improve
levels of detection and enforcement through the Business Resource
Efficiency and Waste programme and use of data from the Flycapture
database we developed and manage on behalf of Defra.
6.5 The wider debate
We play our part in the wider environmental
debate. We have ongoing constructive dialogue with a number of
non-governmental organisations as well as providing regular briefings
for elected representatives from all parties in local government,
Cardiff, Westminster and Brussels.
7. THE AGENCY'S
RESPONSIBILITIES FOR
FLOOD DEFENCE
AND FLOOD
MAPPING, INCLUDING
GUIDANCE TO
THE PUBLIC
7.1 The scale of the risk
Over five million people and two million homes
and businesses are at risk of flooding in England and Wales with
assets valued at £250 billion. However this risk may increase
as much as 20 fold in the future as the climate changes, with
wetter winters, sea level rise and increased storminess.
7.2 Our role in flood risk management
We have a supervisory role in all matters relating
to flood risk management in England and Wales and are empowered
to construct and maintain flood defences, provide flood warning
and advice and flood incident response. We currently spend over
£450 million a year on flood risk management. This is funded
by grant from government and through limited raising of funds
locally. Our Chief Executive is accounting officer, but Regional
Flood Defence Committees also have an executive role in resource
allocation and policy implementation. They consist of a chairman
and members appointed by Defra (in Wales the Assembly) and a majority
representation from local authorities. Projects costing £50
million or above are referred to Defra for approval in England
and above £5 million in Wales to the Assembly.
The Government's new strategy for flood and
coastal erosion risk management Making Space for Water will
give us an extended role in England. In addition to our present
duties we will in future oversee the management of flood risk
from ground water, surface runoff and urban drainage, as well
as the integrated management of coastal erosion and flood risk.
The details of these new responsibilities are currently subject
to further work and discussions between Defra, other stakeholders
and ourselves. From April 2006 we will provide grant aid for all
eligible flood risk management capital projects that local authorities
and Internal Drainage Boards wish to undertake.
7.3 Specific action we take
Irrespective of resources it will not be possible
to prevent all flooding. What we can do is to manage the risk
of flooding so that both its likelihood and potential impacts
are reduced. In brief, we map where flooding might take place,
take action to reduce the probability of a flood event where possible,
monitor weather conditions and warn and inform people where and
when unavoidable flooding is likely to take place. In addition
we provide a range of other social, economic and environmental
benefits associated with flood risk management activity.
Whilst we have done much to manage the risk
of flooding, our work would be assisted by:
— Increased resources for flood
risk management. Whilst we recognise and welcome the recent
increases in flood risk management funding, the threats and challenges
which lie ahead demand further investment in future years.
— Surface water drainage strategy
plans. Urban flooding is a particular problem because of the
number of contributory causes including run-off from roads and
built developments and the number of organisations involved, each
with its own responsibilities. Local authorities in collaboration
with water companies and the Highways Agency as appropriate should
prepare surface water drainage plans for their areas. We look
forward to contributing to work in this area.
— Focus on the vulnerable. Climate
change is increasing the likelihood of the need for evacuation
due to flood risk. We will play our part in developing an appropriate
response. The focus of local authorities and others should be
on those most vulnerable.
7.3.1 Flood Risk Mapping
Appropriate action can only be planned and prioritised
if the extent of the risk is known. We have previously invested
£25 million in mapping the likely areas at risk from river
and coastal flooding using the most advanced technology available
and continue to invest in new technology and survey. The results
have been used to inform our input to local authority planning
services and underpin the flood map that is now available to the
general public via our web site. We update our flood map regularly,
investing some £8 million per year. The flood map is an essential
companion to the Government's guidance to local planning authorities
on development in the flood plain (ODPM PPG25). The European Commission
consider us to demonstrate best practice on flood risk mapping
and warning in Europe.
7.3.2 Development control
We are involved in the planning system by providing
all planning authorities (regional and local), with consistent
information on flooding issues. We provide advice on the preparation
of their development plans and associated strategic flood risk
assessments and also on site-specific flood risk assessments to
those proposing developments.
We are opposed to inappropriate development
in flood risk areas and advocate restoration of the floodplain
wherever possible to enable it to function naturally. Development
in the flood plain has reduced in recent years. However we still
find our advice ignored in some cases. In 2004, about 693 houses were
built in flood risk areas against our advice. However, we hope
that new guidance being prepared by ODPM will reduce such occurrences.
We anticipate changes to the planning system to ensure that significant
developments in the flood plain proposed against our advice will
be referred to ministers.
7.3.3 Management of flood defences
We take a strategic approach to the planning
and management of flood defence systems. We do this through strategic
planning frameworks, Catchment Flood Management Plans and partnerships
with local authorities on Shoreline Management Plans and Estuary
Strategies, which identify risks and solutions.
Our target for reducing flood risk to people
is to increase the number of homes and businesses benefiting from
flood risk management activity including the use of permanent
and temporary defences and warning systems where permanent reduction
of flood probability is not possible. We have committed to, and
are on target to achieve, an improved standard of protection to
72,000 households in England in the Government's Spending Review
(SR) 2002 and 85,000 houses in SR2004.
In addition to new defences we also manage and
maintain 40,000 kilometres of river in England and Wales, which
includes some 24,000 kilometres of raised flood defences and 45,000
structures such as barriers and sluices, the best known of which
is the Thames Barrier.
7.3.4 Flood warning and advice
We monitor water levels and flow in river and
coastal locations and use this data to forecast river and sea
levels and condition. We disseminate flood warnings to around
1.2 million homes and businesses in England and Wales and try
to encourage those at risk to take effective action to prepare
for and respond to flood warnings. We provide a 24-hour telephone
advice and information line, called Floodline (0845 9881188).
We continue to invest £30 million a year in improving our
flood warning service and encouraging its take up by householders
and business and are shortly to launch new services which will
provide a range of media by which the public can receive warnings,
including to mobile phones and by text messages. We are planning
to extend the geographical coverage of the service to achieve
a coverage of 1.68 million people at risk by 2010.
7.3.5 Flood incident response
Our experiences during autumn 2000 and more
recent floods have shown that an effective response to extensive
flooding relies on people's ability to work together. The first
national flood exercise to test this combined response was carried
out in June and July 2004. The scenario covered an extreme event,
up to a 1 in 1,000-year occurrence and with extensive flooding
affecting nearly half of England and Wales. We, along with our
partners will take action to implement the lessons identified
in the exercise. It involved local and national emergency response
authorities. In addition, local resistance fora are focussing
increasingly on effective response to emergencies, including flood
risk.
7.3.6 Sustainable Development
Our Flood Risk Management programme also provides
wider benefits to society and we are responsible for helping to
deliver the Government's aim of sustainable development. We strive
to ensure that a range of social and economic benefits accrue
from our work. We are specifically responsible for delivering
a range of biodiversity targets through flood risk management.
Often what is good for biodiversity also benefits flood risk management.
For example saltmarshes are nature's coastal defence. Wetlands
created in the right place and at the right scale can provide
flood risk benefits as well as biodiversity and recreational opportunities
and a healthier environment for local people. We increasingly
look to wider land use and catchment-wide solutions to flood risk
management problems. These have the potential for providing benefits
in other policy areas such as agriculture, forestry and land use
planning.
Flood risk management schemes can also help
promote significant regeneration and improvement of local amenity
particularly in urban areas.
8. HOW THE
ORGANISATIONAL CHANGES
BROUGHT ABOUT
BY THE
NATURAL ENVIRONMENT
AND RURAL
COMMUNITIES BILL
WILL AFFECT
THE ROLE
OF THE
ENVIRONMENT AGENCY
8.1 We welcome the Natural Environment and
Rural Communities (NERC) Bill and in particular proposals to create
Natural England as an important partner to help us protect and
enhance the environment. We worked closely with Defra during the
development of the legislation and look forward to Royal Assent
in the New Year. We welcome the fact that Natural England's overarching
purpose is distinct from, but complementary to our own functions.
8.2 We need to work together, with our clear
and distinct roles, to deliver sustainable flood risk management,
sustainable farming and in tackling diffuse pollution from agriculture
on a catchment-wide basis. We have signed a memorandum of understanding
with the Natural England confederation (English Nature, Countryside
Agency and the Rural Delivery Service) and the Forestry Commission
in order to cement this relationship and ensure efficient working
and joined-up customer delivery.
8.3 The agri-environment funds, which Natural
England will control, will need to achieve not only the objectives
of biodiversity, landscape, access and recreation laid out in
the NERC Bill, but also our aims of protecting the natural resources
of air, land and water. We would like to see Natural England given
clear guidance on using the substantial agri-environment funding
(currently, in excess of £300 million) to achieve both its
and the Environment Agency's objectives.
9. HOW THE
AGENCY'S
WORK IN
IMPROVING WILDLIFE
HABITATS WILL
TIE IN
WITH NATURAL
ENGLAND'S
WORK ON
BIODIVERSITY
9.1 We already work closely with English
Nature in our roles as competent authority under the Water Framework
Directive and Habitats Directive, as the lead for water and wetlands
under the England Biodiversity Strategy and a key player in helping
Government achieve its target for improving the condition of Sites
of Special Scientific Interest (SSSIs). Our work also contributes
to improving the quality of wildlife habitats in the wider countryside,
for example by improving water quality.
9.2 Together we have secured £1 billion
of investment to tackle problems at 172 river and wetland SSSIs,
agreed a work programme to deal with problems at Habitats Directive
sites and started a programme to improve water level conditions
on 60 priority wetlands. We also have an annual target for creating
200 hectares of new saltmarsh, mudflat and other wetland habitats
through our flood risk management work. All this will help English
Nature achieve the Defra Public Service Agreement target for improving
the condition of SSSIs by 2010. We fully expect this working relationship
to continue and develop further with Natural England.
10. THE ENVIRONMENT
AGENCY'S
FORTHCOMING CORPORATE
STRATEGY 2006-11
As described earlier, we have a long-term vision
for the environment—a better place for people and wildlife,
for present and future generations.
In 2002 we published our first corporate strategy,
Making it happen, which set out what we planned to achieve
over five years. A lot has already been achieved, but the world
in which we work and the environment we protect has changed since
2002.
We are now preparing our new corporate strategy
for 2006-11, Creating a better place. This new strategy
will set out how we will create a better place for people and
for wildlife.
It will continue to focus on the nine themes
which underpin all our work: we want a better quality of life
and an enhanced environment for wildlife; this means we need to
protect and improve the basic elements of the environment to provide:
cleaner air for everyone, improved and protected inland and coastal
waters and restored, protected land with healthy soils; to do
this we need to make some fundamental changes and help achieve
a greener business world and wiser sustainable use of natural
resources; and we will need to manage two major and very real
risks by limiting and adapting to climate change and reducing
flood risk.
Our strategy will have some new flavours within
these themes. It will for example address: environmental inequalities,
the links between a poor environment and poor health, tackling
diffuse pollution and cleaning up contaminated land (including
in the 2012 Olympic site in east London). The strategy will also
develop further the five roles (efficient operator, modern regulator,
influential advisor, active communicator and champion of the environment)
which will enable us to achieve our environmental outcomes more
effectively.
We will also focus on improving the diversity
of our staff, committees and services, improving our health and
safety performance and becoming more responsive to customers.
We will make further progress in doing more, better, faster, with
less.
In developing the new strategy, we have taken
into account:
— State of the Environment reporting
(attached), drawn from our own environmental monitoring data,
to learn from what has gone well and define the major environmental
challenges we face (eg climate change and diffuse pollution)
— Looking ahead to the social, economic
and political events and trends which will affect the environment
(eg climate change or the impact of new development on water resources
and waste)
— Government priorities, in particular
Securing the Future (the UK Sustainable Development Strategy),
Defra's five year strategy and the Welsh Assembly Government's
developing Environmental Strategy for Wales; we have also taken
into account moves towards better regulation, efficiency and more
localised delivery.
We have consulted our customers and stakeholders
on our draft strategy and how we can work with them to achieve
it. There has been support for our high-level priorities but also
useful feedback on the detail of our plans. We will take this
into account before publishing our final strategy in early 2006.
The new strategy will drive our priorities for
the next five years. It will be implemented through our corporate
plan and will form the basis of our performance management, including
our biennial reports to Defra and NAW. Our national priorities
will also be translated into plans by each of our regional teams
to take account of regional and local priorities.
A copy of the consultation draft is enclosed
together with an analysis of the consultation responses.[22]
11. CONCLUSIONS
We have a clear vision, roles and sense of purpose,
set out in our Vision and corporate strategy. We are delivering
for the environment as a modern regulator and efficient operator
within an ambitious programme of efficiency savings. We are increasingly
influential in helping Defra and other government departments
set practical legislation and policy and we are a champion for
the environment advocating from our basis of science, knowledge
and on the ground experience. We are committed to working better
with customers and stakeholders and are breaking new ground in
the way we work with communities.
Looking to the future, everyone has a stake
in protecting and improving the environment and we will need to
continue to build constituencies of support across government,
with the general public and business community.
Environment Agency
December 2005
22 Not printed. Back
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