The Draft Flood and Water Management Bill - Environment, Food and Rural Affairs Committee Contents


Annex 1

6.0  PITT REVIEW - WORKING WITH NATURAL PROCESSES AND LAND MANAGEMENT MEASURES

  6.1  Pitt found a widespread acceptance in the FCERM community that, in the face of climate change, flood risk cannot continue to be managed by simply building ever-bigger hard defences. The Review agreed that a range of softer approaches, such as flood storage and land management, can offer more sustainable ways of managing the risk, and can complement and extend the lifetime of more traditional defences (Pitt Review paragraph 7.101). The update commissioned by Pitt to the Foresight Future Flooding report noted: "There is no single response to solve all problems. Our conclusion remains that a portfolio of structural and non-structural responses, implemented in a sustainable way, is needed to manage future flood risk." (7.102)

6.2  Pitt acknowledged (7.104) that, in addition to the use of land management and local storage, there is potential for the increased use of floodplain storage in rural areas to reduce the transmission of flows downstream (7.109) and for other techniques such as restoring the natural functioning of rivers. Pitt also accepted (7.105) that these measures often offered wider benefits than flood risk mitigation alone, such as amenity or biodiversity gain.

  6.3  Pitt concluded that rural land management approaches should be considered as part of the portfolio of measures to deal with flood risk and, where appropriate, as part of the programme to deliver more working with natural processes (7.128). Specifically, appropriate land management changes should be considered as part of any Surface Water Management Plan and associated flood risk assessments (7.129).

  6.4  Pitt Review Recommendation 27 proposed that Defra, the Environment Agency and Natural England should work with partners to establish a programme through Catchment Flood Management Plans and Shoreline Management Plans to achieve greater working with natural processes. A joint working group has been established to undertake this task and is due to publish its recommendations in December 2009. Early indications are that these are likely to focus on areas such as funding mechanisms, project design and development, technical guidance and training.

  6.5  Natural England believes that it will be important for a new Flood and Water Management Act to reflect explicitly the aspirations of Pitt and lay the foundations for a flood risk management framework that seeks solutions that are sustainable, adaptive to climate change and, where appropriate, work with natural processes.

7.0  THE FLOODS DIRECTIVE[25]59

  7.1  In many respects, the Floods Directive anticipated Pitt's aspiration for a flood risk management approach working with natural processes and land management.

  7.2  Article 4(2)(d) states that the Preliminary Flood Risk Assessment required by the Directive should assess the potential adverse consequences of future floods "... taking into account as far as possible issues such as the topography, the position of watercourses and their general hydrological and geomorphological characteristics, including floodplains as natural retention areas... "

  7.3  Article 7(2) makes clear that, in establishing objectives for flood risk management plans, there should be a focus on "the reduction of potential adverse consequences of flooding... and, if considered appropriate, on non-structural initiatives and/or on the reduction of the likelihood of flooding."

  7.4  Moreover, flood risk management plans under Article 7(3) "shall take into account relevant aspects such as costs and benefits, flood extent and flood conveyance routes and areas which have the potential to retain flood water, such as natural floodplains, the environmental objectives of Article 4 of Directive 2000/60/EC, soil and water management, spatial planning, land use, nature conservation, navigation and port infrastructure."

  7.5  Article 7(3) states that flood risk management plans "may also include the promotion of sustainable land use practices, improvement of water retention as well as the controlled flooding of certain areas in the case of a flood event."

  7.6  The Floods Directive makes clear that flood risk assessment and flood risk plans should take account of elements such as floodplain natural water retention areas, non-structural initiatives, soil and water management and the promotion of sustainable land-use practices. It is a clear intention of the Directive that an assessment of the potential of such approaches should be at the heart of Member States' management of flood risk.

8.  FLOOD RISK MANAGEMENT (SCOTLAND) BILL[26]60

  8.1  The draft text being considered for the Scottish Flood Risk Management Bill reflects these elements of the Floods Directive and the aspirations of Pitt on natural processes. Moreover, as presently worded, its provisions are founded on a core duty to deliver sustainable flood risk management.

  8.2  The opening General Duty section places an explicit duty on Scottish Ministers, the Scottish Environment Protection Agency and responsible authorities, in exercising their flood risk-related functions, to "act in the way best calculated to manage flood risk in a sustainable way" or to "promote sustainable flood risk management" (the current Stage-Two draft contains alternative wording).

  8.3  In translating the Directive's Article 4 requirements for an assessment of flood risk, Section 16 of the draft Scottish Bill places a duty on SEPA to assess by 2013 whether "alteration (including enhancement) or restoration of natural features and characteristics of any river basin or coastal area in a flood risk management district could contribute to the management of flood risk for the district."

  8.4  The Scottish Bill makes clear that natural features and characteristics include those "which can assist in the retention of flood water, whether on a permanent or temporary basis, (such as flood plains, woodlands and wetlands) or in slowing the flow of such water (such as woodlands and other vegetation), those which contribute to the transporting and depositing of sediment, and the shape of rivers and coastal areas."

  8.5  This amounts to a duty to assess the potential for, in Pitt's terms, greater working with natural processes.

  8.6  This duty to seek to work with natural processes where appropriate is developed in Section 23 of the Scottish Bill on the preparation of flood risk management plans. In setting flood risk management objectives and delivery measures, SEPA is required to consider the assessment of the potential contribution of the alteration (including enhancement) and restoration of natural features and characteristics of a river basin or coastal area. It must then identify measures which it considers are the most sustainable. Where measures identified as the most sustainable are different to those considered under the assessment of the alteration or restoration of natural features, SEPA is required to give reasons for selecting such alternative measures.

  8.7  Section 24 contains an additional requirement to consider, so far as is appropriate, both structural and non-structural measures as means of achieving objectives.

9.  GOVERNMENT POLICY ON FCERM

  9.1  It should be noted that Government policy has, for some time, embraced sustainable flood risk management and working with natural processes. Making Space for Water[27]61 heralded the Government decision to embrace sustainable and risk-based flood management. It stated that the aim for flood and coastal erosion risk management should be "to manage risks by employing an integrated portfolio of approaches which reflect both national and local priorities, so as to:

    — Reduce the threat to people and their property; and

    — Deliver the greatest environmental, social and economic benefit, consistent with the Government's sustainable development principles."

  9.2  It also stressed the requirement that "adaptability to climate change through robust and resilient solutions should become an integral part of all flood and coastal erosion management decisions."

  9.3  Following on from Making Space for Water, Defra's recent draft Policy Statement On Appraisal for Flood and Coastal Erosion Risk Management[28]62 reiterated the commitment to sustainability, stating: "Sustainable flood and coastal erosion risk management appraisal should be based on … adopting a broad portfolio of structural and non-structural solutions that are resilient to changing risks and where possible work with or re-establish natural processes including the use of adaptive approaches."





25   59Directive 2007/60/EC on the Assessment and Management of Flood Risks. Back

26   60http://www.scottish.parliament.uk/s3/bills/15-FloodRisk/index.htm Back

27   61Defra (2005). Making Space for Water-Taking forward a new Government strategy for flood and coastal erosion risk management in England. First Government response to the autumn 2004 Making space for water consultation exercise. Back

28   62Defra (2008). Consultation on Defra policy statement on appraisal for flood and coastal erosion risk management. Back


 
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