APPENDIX 21
Memorandum from the Department for Communities
and Local Government (DCLG)
SUMMARY
1. The Committee has asked for a memorandum
on the steps the Department takes to ensure the effective monitoring
of the scientific advice on the risk of flooding given by the
Environment Agency in respect of planning applications. DCLG has
neither the resources, remit nor technical competence to monitor
the Environment Agency's advice on flood risk to planning authorities.
The HLT5 report (see 4 below) indicates that nearly 14,000 applications
were referred to the Environment Agency for advice on flood risk
in 2004-05. Defra, as sponsor of the Environment Agency, has responsibility
to monitor the overall soundness of the Agency's advice, and its
underlying data and mapping systems. It is then for local planning
authorities to satisfy themselves that advice they receive from
the Environment Agency on planning applications is fit for purpose
and scientifically robust, when taking due account of that advice
in making planning decisions.
ROLE OF
DCLG
2. DCLG is responsible for the statutory
definition of the planning system in England, and setting out
the Government's planning policy, including on development and
flood risk in England. This is currently set out in Planning Policy
Guidance Note (PPG)25, and is now being revised in draft new Planning
Policy Statement (PPS)25.
3. PPG25 states that local planning authorities
should take account of advice from the Environment Agency on flood
risk. Annex gives details.
4. DCLG monitors at national level how local
planning authorities are responding to Environment Agency advice
on planning applications through statistics produced annually
by the Agency in the High Level Target (HLT)5 report. High-level
targets for flood and coastal defence were introduced by MAFF
in 1999 as part of the response to the Easter 1998 floods. High
Level Target 5 (formerly HLT12) requires the Environment Agency
to report annually to DEFRA and DCLG on policies in development
plans and responses to planning applications. The HLT5 report
is prepared jointly by the Environment Agency and the Local Government
Association. Key indicators are:
— the number of planning applications
permitted by LPAs where the outcome is known against a sustained
objection from the Environment Agency on flood risk grounds, as
a percentage of the total number of applications to which the
Environment Agency sustained an objection on flood risk grounds;
— the number of planning applications
for major development permitted by LPAs where the outcome is known
against a sustained objection from the Environment Agency on flood
risk grounds, as a percentage of the total number of planning
applications permitted against sustained Environment Agency advice
on flood risk;
— the lack of a FRA or an inadequate
FRA cited as the reason for an Environment Agency objection to
planning applications as a percentage of the total number of its
objections on flood risk grounds;
— the number of decision notices received
from LPAs by the Environment Agency as a percentage of the number
of objections the Environment Agency made to planning applications
on flood risk grounds; and
— the number of cases in which LPAs
re-consulted the Environment Agency on flood risk issues as a
percentage of the number of planning permissions granted against
Agency advice on flood risk.
5. We would raise significant matters with
the Environment Agency and, if necessary, with Local Government
collectively (eg with the Local Government Association and the
Planning Officers' Society). Matters of specific concern to individual
local authorities could be raised directly with the local authority
ROLE OF
DEFRA
6. The Secretary of State for the Environment,
Food and Rural Affairs has the lead sponsorship responsibility
for the Environment Agency as a whole and the Agency is accountable
to her for its day to day operations in England.
7. Defra Ministers hold the Environment
Agency to account for the achievement of the targets and objectives
in the Agency's Corporate Plan, and as reported in the Annual
Report. The Agency is regularly held to account by reporting processes
and reviews and produces twice-yearly reports on performance and
targets to Defra. In addition, Defra Ministers also hold twice-yearly
performance review meetings with the Chairman and Chief Executive
to hold the Agency to account.
8. The Agency was established a non-departmental
public body (NDPB) and it operates at arm's length from Government.
It also has a role as champion for the environment and independent
advisor on environmental matters affecting policy-making, both
within Government and more widely. The advisory role is based
on the Agency's technical expertise and operational knowledge.
ROLE OF
LOCAL AUTHORITIES
9. All planning applications are decided
on their individual planning merits with reference to the local
authority's development plan and other material considerations.
In deciding whether or not to grant planning permission, decision-makers
must check whether the development plan for the area contains
policies which are relevant to the proposed development. Such
material policies may give support to a proposed development in
a particular location or show that it is not appropriate. If there
are no other material considerations, the application should be
determined according to the development plan. Where there are
other material considerations, the development plan should still
be taken as a starting point but the other material considerations
should also be weighed in reaching a decision. Responses from
consultees may be a material consideration, but it is for local
planning authorities to judge the weight they are given.
April 2006
Annex
PPG25 advice to Planning Authorities on
consulting the Environment Agency
10. Paragraph 13 of PPG25 advises local
planning authorities that "When preparing development plans
and considering applications for planning permission, they should
consult and take into account advice from the Environment Agency,
which should incorporate the latest information on climate change".
11. Paragraph 63 emphasises this advice,
stating: "When they receive planning applications which they
believe raise flooding issues . . . local planning authorities
should . . . consult the Environment Agency. The Agency is a statutory
consultee for some developments . . . but the need to consult
them in relation to flooding issues covers a much wider range
of development".
12. Paragraph 63 goes on to say: "Where
run-off considerations are likely to be significant, authorities
should consult the Environment Agency . . . on the capacity of
existing drainage systems, the feasibility and desirability of
using sustainable drainage systems and the impacts of discharges
into watercourses".
13. Paragraph 64 states that: "Government
expects the Environment Agency . . . to respond to consultations
on the flooding aspects of planning applications within 21 days.
. . . In responding to consultation, the Agency . . . will consider
the risk of flooding at the proposed site, the impact on flooding
elsewhere or the impact of flood alleviation works on other property
or nature conservation interests. It may then indicate that the
proposal is acceptable, advise on conditions or modifications
to make it acceptable, seek more information to enable a decision
to be taken or object that the application is not acceptable and
cannot be made so by attaching conditions or seeking modifications.
14. Further to this, paragraph 65 states
that: "Where they [the LPA] conclude that other material
considerations outweigh the objection of the Environment Agency
or other consultees on flooding issues, local planning authorities
should inform them that they are minded to grant permission and
the reasons for doing so and give them the opportunity to make
further representations. . . . It is important that where objections
are maintained, this can be justified as reasonable in all the
circumstances."
15. Finally, Paragraph 66 advises that:
"Consultees making and sustaining objections to development
proposals on flood-risk grounds should bear in mind that they
may be called upon to maintain their objections in any appeal
by an applicant against the refusal of permission or the imposing
of conditions based on their advice. In view of the increased
weight that the Government wishes to be given to flood risk in
the planning process, it is obviously important that objections
on flood-risk grounds are well founded and will stand scrutiny
on appeal".
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