Letter from the Chairman of the Environment
Agency to the Chairman of the Environment, Food and Rural Affairs
Committee, 2 March 2009
SIR MICHAEL PITT'S EVIDENCE TO THE EFRA SELECT
COMMITTEE
You asked for the views of the Environment Agency
on Sir Michael Pitt's oral evidence to the Efra Select Committee
session.
We welcome Sir Michael Pitt's positive assessment
of the Environment Agency's contribution and progress to date,
and similarly recognise the improvements made by others since
summer 2007. As you will be aware, the Environment Agency welcomed
Sir Michael Pitt's Review and worked closely with Government in
responding to the recommendations where we play a leading role.
We are actively progressing the recommendations
from the Pitt Review. I have highlighted below some examples.
We have:
— established the Flood Forecasting
Centre with the Met Office;
— provided Local Resilience Forums
with maps identifying areas susceptible to surface water flooding;
— worked with the energy and water
utilities, providing information to enable initial assessments
of the potential impact of flooding to their infrastructure;
— negotiated and drafted a national
protocol for data sharing between ourselves and the water utilities
and Water UK to improve surface water risk assessments and planning;
— set up a working group to establish
a common understanding of the interactions between flood risk
and land management;
— signed up a further 78,600 properties
to our free flood warning service; and
— continued our extensive science programme
with Defra to make sure we have the right evidence to improve
our capability to manage flood risk.
Although we have made substantial progress more
needs to be done. We support Sir Michael Pitt's assessment of
the critical aspects of the Pitt Review which now need to be addressed.
FLOODS AND
WATER BILL
We agree with Sir Michael that the Floods and
Water Bill is needed to clarify and provide the legal framework
for all stakeholders under the new arrangements being established.
The new legislative framework should clearly set out the division
of responsibilities. In addition to retaining our current operational
responsibilities for main rivers and the coast we expect to be
given a new responsibility to provide direction, technical support,
information and guidance on all flood risk management issues.
Local Authorities should be identified as leading the management
of local flood risk.
To help ensure the new arrangements are successful
and that all parties work together, we would like to see a new
duty to co-operate and share data—this will build upon the
work the Environment Agency and Water UK have progressed in developing
a draft data sharing protocol.
LOCAL AUTHORITIES
AND LOCAL
FLOOD RISK
We are pleased that Sir Michael acknowledged
the Environment Agency's work to engage with Local Authorities.
Some Local Authorities such as Gloucestershire County Council
have taken forward their new leadership role for local flood risk
in advance of any new legislation. The Environment Agency commends
the work of these Local Authorities and encourages them to engage
in dialogue with others to share best practice and experience.
We believe that Government needs to clarify the responsibilities
of Local Authorities and to underpin this with legislation. These
new responsibilities need to be communicated clearly to Local
Authorities. Local Authorities will need to provide the leadership
for local flood risk issues.
Sir Michael stated that Local Authorities should
be responsible for Sustainable Urban Drainage Systems (SUDs) in
new developments, but that responsibility for existing SUDs needs
to be clarified. We agree. It is important that any new development
should not aggravate or create new flooding problems, either on-site
or elsewhere. We would expect that the Floods and Water Bill to
clarify these responsibilities.
PPS25
As Sir Michael stated, although PPS25 has helped
ensure flood risk considerations are taken into account in new
developments, too many local planning authorities are still allowing
developments to go ahead against Environment Agency advice. Local
planning authorities in England granted planning permission for
16 major developments, including some 240 homes and a primary
school, despite Environment Agency objections on the grounds of
flood risk during 2007/08.
The Environment Agency lodged objections to
6,200 planning applications on the grounds of flood risk in 2007/2008
up from 4,750 in 2006/2007. A high proportion of these objections
were removed after negotiation with developers and Local Authorities
resulted in modified plans. Many insurance companies have indicated
that they may not provide insurance to certain new developments
in the flood plain if the properties are granted planning approval
against Environment Agency advice. We agree with Sir Michael that
the implementation of PPS25 may need to be revisited if our objections
continue to be ignored.
RESILIENCE OF
CRITICAL NATIONAL
INFRASTRUCTURE
The Environment Agency has been involved in
the periodic review process of water companies' assets (PRO9),
and welcomes the proposals in water company draft business plans
for £500m investment in flood resilience. We have been working
with water companies, network rail and energy companies to identify
infrastructure at risk and provide guidance on how best operators
can build resistance and resilience measures into their operations.
The Environment Agency also welcomes the formation
of a Cabinet Office Natural Hazards Team. The Environment Agency
holds a large amount of flood data which will be invaluable to
the team and we look forward to working closely with them in the
future.
FUNDING ARRANGEMENTS
FOR FLOOD
AND COASTAL
RISK MANAGEMENT
The current funding arrangements for flood and
coastal risk management are complex. The Floods and Water Bill
provides an opportunity to clarify existing flood and coastal
risk management (FCRM) funding arrangements, including: core government
funding to the Environment Agency and Local Authorities; the Environment
Agency's allocation of funds for our own and others' works; funding
of the Local Authority leadership role on local flood risks; upper
tier Local Authorities to retain the right to raise local levy;;
and funding of Internal Drainage Boards.
We are currently developing a Long Term Investment
Strategy for flood and coastal risk management that we will be
presenting to the Government in Spring 2009.
RURAL FLOODING,
MAINTENANCE AND
LAND MANAGEMENT
We agree with Sir Michael's assessment that
there is no significant evidence to suggest that the reduction
or withdrawal of channel maintenance is directly linked to increased
fluvial flood risk from severe floods. In cases where we have
withdrawn maintenance because it is uneconomic to continue there
has been ongoing dialogue with relevant organisations and individuals
and we have given a reasonable period of notice.
We agree with Sir Michael's view that natural
processes can be effective in managing flood risk. The natural
processes working group we have established is looking at suitable
agri-environment scheme options to deliver land management approaches
that will reduce flood risk.
FLOOD FORECASTING
CENTRE
The Committee questioned whether the Flood Forecasting
Centre and the Atlantis Project were sufficiently including partners
from Local Authorities and insurance companies. Whilst we are
still in early stages of the setting up the Flood Forecasting
Centre, we have started to engage with some of our external partners
and this will increase in scope in the forthcoming months. We
have already engaged with Category 1 and 2 Responders and Local
Resilience Forums regarding the products and services which the
Flood Forecasting Centre will provide.
The first Flood Forecasting Centre Stakeholder
User Group will take place in March 2009 and will meet twice a
year to provide feedback on progress of the Flood Forecasting
Centre. The group will include representatives from national Government;
devolved Governments; providers of critical national infrastructure;
Atlantis Project; Regional Flood Defence Committees; Fire Services;
Communities and Local Government; and Highways Agency.
I hope this letter has addressed all the points
of interest to the Committee. If you require further briefing
on any issues please let me know.
Yours sincerely,
Rt Hon Lord Smith of Finsbury,
Chairman
Environment Agency
2 March 2009
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