Memorandum submitted by English Heritage
(DFWMB 21)
ENGLISH HERITAGE
1. English Heritage is a Non-Departmental
Public Body established under the National Heritage Act 1983 to
help protect the historic environment of England and promote awareness,
understanding and enjoyment of it. We are the Government's statutory
adviser on the historic environment and although we are sponsored
by the Department for Culture, Media and Sport, our funding agreement
is co-signed by the Department for the Environment, Food and Rural
Affairs and Communities and Local Government.
DRAFT FLOOD
AND WATER
MANAGEMENT BILL
2. We welcome the Draft Flood and Water
Management Bill and will be making a submission to the Government's
consultation on it which closes in July.
3. We particularly welcome the Bill's explicit
recognition in Clause 6(3)(d) that the environment includes cultural
heritage. We are pleased to note that there is a condition in
Clause 41 (Environmental works; 41(3)(b)) which requires consideration
of the impact on cultural heritage of any work which may cause
flooding or coastal erosion. Similarly, we welcome that the preparation
of Flood Risk Maps (Clause 58) includes a requirement for assessment
of the potential harmful consequences of identified flood risk
to cultural heritage.
4. We are committed to working with the
Environment Agency to ensure that mechanisms are developed to
ensure that information required under Clauses 25 and 26 can be
delivered in a timely and efficient manner.
SPECIFIC INQUIRY
QUESTIONS
5. In relation to the Committee's terms
of reference, on the question of whether the draft Bill achieves
the right balance between protecting the environment and protecting
homes and businesses from flooding, we have a number of issues
upon which we shall be seeking clarification.
6. Firstly, the potential implications of designating
features for the purposes of risk management (Part 2, Clause 80)
particularly with respect to whose designation takes primacy.
For example, if an historic feature, eg bridge, were deemed to
be causing or exacerbating a flood risk what would be the implications
for that feature with respect to alteration, removal or replacement
(Clause 86).
7. Secondly, we would hope that if Reservoir
flood plans (Part 3, Clause 141(3)(a) and (4)(b)) were directed
to show the relationship between likely areas of flooding and
homes and businesses, they would also show historic environment
assets under statutory protection. We therefore seek clarification
on the level of detail that is expected to be directed by the
Minister in the preparation of these plans.
8. Thirdly, we note that the proposed modification
to the existing powers of compulsory land acquisition by the Environment
Agency (Clause 39) may have the potential to impact our coastal
estate. We shall be exploring the implications of this process
more fully.
May 2009
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