Memorandum by Professor David Crichton
(PGS 01)
Local authorities in England and Wales face
a number of problems which could be addressed using the planning
gain mechanism, some of which were described in the Background
Papers for the Government's consultation paper "Making Space
for Water".
SUDS
Who will adopt and fund the maintenance of sustainable
drainage systems? Background paper 8 for the Making Space for
Water consultation exercise, "Sustainable drainage systems
(SUDS): summary of policy and suggestions for possible future
legislative change." Suggests that uncertainty over ownership
and responsibility issues constitute a disincentive to their greater
use. Defra propose that local authorities have responsibility
for above ground SUDS and sewage undertakers be responsible for
below ground parts. Another proposal is that a single body be
responsible, perhaps the EA, or the local authority or the water
company. Possible legislative changes could include amending the
householder's right to be connected to public sewers under section
106 of the Water Industry Act 1991 so that unless a suitable sustainable
drainage system exists the right of connection for foul water
drainage would be removed or made conditional on the granting
of planning permission. This would help to reduce the overloading
of sewers and encourage SUDS. There would still remain some practical
issues such as lack of space, or contamination of groundwater.
Use of the planning gain mechanism could be used to fund additional
sewage capacity and maintenance of SUDS, thus reducing flood risks.
RELOCATION
In Background Paper 5 for the Making Space for
Water consultation exercise "Payment of compensation, relocation
and other issues in relation to flood and coastal erosion risk
management" it is argued that compensation would:
1. Distort the insurance market.
2. Provide incentives for people to live
in vulnerable areas.
3. Involve greater costs to the taxpayer.
It does however recognise the possibility of
compensation arising in some circumstances:
1. Where landowners agree to allow their
land to be flooded.
2. Where land has been acquired for the building
of flood defences.
3. Where land has been acquired for managed
realignment.
It may be significant that Background Paper
5 does raise the possibility that relocation may be the most sustainable
economic option and that it is difficult to envisage how that
could work without appropriate compensation. The Background Paper
states:
"there may be opportunities for more imaginative
solutions to obtain beneficial use of some land, currently developed
inappropriately, to help some of those who unwittingly find themselves
in an unfavourably exposed position."
Would it not be possible for planning gain to
be used to compensate those who are in a high flood risk area
and to assist with their relocation?
PLANNING AND
BUILDING REQUIREMENTS
Over the past five years, about 11% of new houses
have been built in flood hazard zones. 90% of the 120,000 houses
proposed in the Thames Gateway development will be within a high
flood hazard area. Consultation is now issued (PPS 25) regarding
extending the role of the Environment Agency as a statutory consultee
where appropriate. In 2002-03, 24 major applications and 197 minor
applications were permitted against advice from the EA. In future,
it is unlikely that insurance will be available for such developments
following the revised ABI Statement of Principles which came into
effect on 1 January 2006. Planning gain mechanisms could be used
to support the construction and maintenance of flood management
schemes or to better reflect the true economic costs of building
in flood hazard areas.
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