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


Examination of Witnesses (Questions 320-325)

HUW IRRANCA-DAVIES MP, MR MARTIN HURST AND MR SIMON HEWITT

17 JUNE 2009

  Q320  Paddy Tipping: Maybe you or Martin would take me through the logic of the argument because I am not convinced about this.

  Mr Hurst: You need to recognise that the term SUDS covers a multitude of things, by no means all of which and possibly not even half of which are the kind of underground assets that you might think about as being water company expertise. For example, there may be connecting elements which will be permeable roads, permeable paving through planning permission, swales, attenuation ponds, et cetera, many of which would be completely outside water company expertise, quite frankly, so the idea that local government should be the lead party for adopting and maintaining the SUDS does seem logical and the idea of a water company, for example, trying to maintain a local authority road which happens to have a permeable surface is not immediately obvious, let us put it that way.

  Huw Irranca-Davies: We certainly expect that many of these SUDS will be above ground rather than underground container systems, so they will be swales or attenuation ponds, et cetera, where amenity is also a real issue, so there is a logic to saying that local authorities are the best ones equipped to actually deal with that that because it straddles not only SUDS but also the amenity value of that particular part of the environment.

  Q321  Paddy Tipping: Tell us about skills and resources. First of all, have local authorities got the skills and, secondly, my impression is that, as always, local authorities are saying you are asking us to pick up a new commitment without the resources.

  Huw Irranca-Davies: You are absolutely right and I am glad to say that one of the facets of this was that it was well-aired in our discussions with local authorities and others. What we will be doing is setting national standards for the approval and adoption of SUDS and these will set out standards for the maintenance of SUDS which local authorities will use then in carrying out their adoption role. We will also provide guidance to local authorities on this. It is our intention that local authorities in their role as the approval bodies for SUDS can also if they wish to—and this does come back to partnership as well—delegate the responsibility for the maintenance of SUDS if they so choose. They could delegate for example to water and sewerage companies if they had the necessary skills to do it or they could use consultants if those were not in-house. There are a couple of other facets as well. We are currently undertaking the skills review analysis with local authorities—not of local authorities but with local authorities—to meet both the SUDS and also the surface water management plan proposals and where there are gaps to identify how the skill levels can actually be increased. There are many aspects of this Bill that we have already begun. We have begun to increase skills in flood risk management within local authorities. We funded 27 places on the Environment Agency's foundation degree in flood management which starts this autumn. We are also working with operating authorities on apprenticeships which we expect to start in 2010, so we are not waiting, we are actually getting on with this because we recognise that there will be some capability issues.

  Q322  Paddy Tipping: Let me give you an example in my own area. There is a private company that has built a housing development which has got a very attractive SUDS scheme associated with it and it has amenity value. They are responsible for its maintenance but the company has gone bust and nobody is maintaining it, so what is going to happen in the future?

  Mr Hurst: One of the big advantages of local authorities adopting the SUDS is that it will get round that particular problem. Typically when a developer has developed a site and sold the housing on, the developer's interest in the site is reduced and if it is a big liability it is very sharply reduced. The advantage of adoption is that for new developments at least and new SUDS they will be taken forward in a properly maintained fashion because otherwise they will deteriorate and can end up doing more damage than good.

  Q323  Paddy Tipping: So the developer will pay a capitalised sum to the local authority for them to take it on in the future?

  Mr Hurst: The local authority can enter into a section 106 deal with a developer. That is up to the local authority; it is not something we would want to prescribe.

  Q324  David Lepper: About the skills training that you mentioned, they are quite good numbers there but are they spread across England and Wales? Has there been a concentration? Maybe you do not have that information, but I was just concerned that every authority who needs to perhaps is taking the right steps to get the trained people or the extra training for people that they need?

  Huw Irranca-Davies: This is very much the beginning. I am saying that we are not waiting for this to get on with it; we know we have to do it. This is the start and we will see more of the gap analysis—because some local authorities, I have to say, will have a capability or they will have local partners who can deliver but for others there will be a deficit—and this is the start of it straightaway and then we see this rolling out and identifying, as we are currently doing, with local authorities where the gaps lie so we can help them fill those.

  Q325  Chairman: Just one final point on SUDS. Water eventually finds its way somewhere so whilst SUDS may slow things down in terms of the dissipation of water, ultimately it might still end up as a water company responsibility because the water ends in a water course and it ends up being somebody else's responsibility. Have you received any representations from any of the major players in this area expressing that kind of concern particularly about the cost implications regarding SUDS?

  Huw Irranca-Davies: No, I do not think so. Simon, I do not know if you want to add anything to that, but you are right in what you are saying, Chairman, what SUDS do in effect is they deal with the water in a far more natural way in terms of slowing down its process, of dissipating its effect. Ultimately, it will make its way down into the water courses and so on but it is the fact that it has been managed better in a very natural way rather than all of it impacting immediately on the system to carry it.

  Mr Hewitt: As to your narrow question as to what representations we have seen, we will come back to you on that, but the general point is that if it is eventually getting into a water course it is actually in the long term saving water companies money because it is not then going through the sewage works and all the rest of it. The point is that you are using natural forms of drainage to avoid that system and therefore the burdens upon it. Actually the water companies are gaining out of this proposal rather than ending up with a burden, is the typical position.

  Chairman: Okay, we have had a good run round. Thank you very much indeed, Minister, and also to your two colleagues. If I may just express an observation, it is nice to see you working as a team. We have had occasions before where ministers are desperately trying to do the whole thing, and sometimes these things are very complicated and there is expertise available and it is to the benefit of the Committee that your two colleagues have managed to contribute as well as you have done. Thank you very much indeed. There are some other issues that we will write to you about. I hope that it will not be too long before we are able to produce our contribution to your consultation exercise as we conclude our pre-legislative scrutiny. Thank you very much.







 
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