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| | ‘New Roads and Street Works Act 1991 |
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| | 26 | At the end of section 63 of the New Roads and Street Works Act 1991 (streets |
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| | with special engineering difficulties) insert— |
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| | “(5) | In addition to criteria for designation prescribed under subsection |
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| | (2)(a), Schedule 3 to the Flood and Water Management Act 2010 |
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| | requires designation in certain circumstances (relating to sustainable |
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| Clause 15, page 11, line 28, leave out ‘authorities in England’ and insert— |
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| | ‘(i) | lead local flood authorities for areas in England, and |
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| | (ii) | the Environment Agency in respect of a failure to comply with a |
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| | request in connection with a flood or coastal erosion risk |
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| | management function in relation to England, and’. |
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| Clause 15, page 11, line 30, leave out ‘authorities in Wales’ and insert— |
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| | ‘(i) | lead local flood authorities for areas in Wales, |
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| | (ii) | the Environment Agency in respect of a failure to comply with a |
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| | request in connection with a flood or coastal erosion risk |
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| | management function in relation to Wales, and |
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| | (iii) | the Welsh Ministers.’. |
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| Clause 15, page 11, line 31, at end add— |
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| | ‘(11) | A reference in this section to an authority includes a reference to the Welsh |
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| Clause 1, page 1, line 12, after ‘waters,’, insert— |
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| | Member’s explanatory statement
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| | Add groundwater specifically into key concept of flooding, makes it consistent with local |
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| | provisions and beyond doubt in national ones. |
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| Clause 1, page 1, line 12, after ‘waters,’, insert— |
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| | ‘(da) | surface water flooding from whatever original source,’ |
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| Clause 1, page 1, line 14, leave out subsection (3). |
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| Clause 3, page 2, line 37, at end insert— |
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| | ‘(da) | managing the use of land, natural habitats, woodland and other natural |
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| | landscape features with the result of reducing flood risk or reducing |
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| | |
| | Member’s explanatory statement
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| | To reinforce landscape-scale approach and explicitly include natural landscape management as |
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| | well as building and defending. ‘Result’ used not ‘aim’ as aim should be sustainability/wider |
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| | environmental objectives. |
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| Clause 7, page 4, line 35, leave out ‘risk’. |
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| | Member’s explanatory statement
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| | See Blueprint for Water submission. Replace risk-based approach with more holistic approach to |
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| | flood and coastal erosion management. |
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| Clause 7, page 4, line 37, leave out ‘risk’. |
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| | Member’s explanatory statement
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| | See Blueprint for Water submission. Replace risk-based approach with more holistic approach to |
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| | flood and coastal erosion management. |
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| Clause 7, page 4, line 38, leave out ‘risk’. |
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| | Member’s explanatory statement
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| | See Blueprint for Water submission. Replace risk-based approach with more holistic approach to |
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| | flood and coastal erosion management. |
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| Clause 7, page 4, line 41, leave out ‘risk’. |
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| | Member’s explanatory statement
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| | See Blueprint for Water submission. Replace risk-based approach with more holistic approach to |
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| | flood and coastal erosion management. |
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| Clause 7, page 5, line 1, after ‘managing’, insert ‘all’. |
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| Clause 7, page 5, line 3, at end insert— |
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| | ‘(ea) | how the strategy and risk management functions are to be communicated |
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| | with a view to providing a single communication route for all members |
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| | of the public concerned about flooding,’. |
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| Clause 7, page 5, line 16, at end insert— |
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| | ‘(ba) | national registered charities whose aims under section 2 (2)(i) of the |
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| | Charities Act 2006 include the advancement of environmental protection |
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| | (bc) | Regional Flood and Coastal Erosion Committees as established under |
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| | Member’s explanatory statement
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| | To specifically include third sector environmental and conservation organisations, Natural |
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| | England and regional flood committees as statutory consultees on national strategy. |
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| Clause 8, page 6, line 12, at end insert— |
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| | ‘(3A) | The Welsh Ministers must consult— |
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| | (a) | risk management authorities in Wales, |
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| | (c) | Welsh national registered charities whose aims under section 2(2)(i) of |
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| | the Charities Act 2006 include the advancement of environmental |
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| | protection or improvement, |
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| | (d) | Countryside Council for Wales, |
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| | (e) | Welsh Regional Flood and Coastal Erosion Committees as established |
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| Clause 9, page 6, line 24, leave out from second ‘risk’ to end of line 27 and insert |
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| ‘of any kind in a defined geographical area such as a district or unitary authority area.’. |
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| Clause 9, page 6, line 23, at end insert— |
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| | ‘(1A) | A lead local flood authority must gain the approval of the local flood risk |
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| | management strategy by its regional flood and coastal committee as established |
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| Clause 10, page 7, line 21, leave out from second ‘risk’ to end of line 24 and insert |
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| ‘of any kind in a defined geographical area such as a district or unitary authority area.’. |
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| Clause 10, page 7, line 20, at end insert— |
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| | ‘(1A) | A lead local flood authority must gain the approval of the local flood risk |
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| | management strategy by its regional flood and coastal committee as established |
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| Clause 10, page 8, line 10, at end insert— |
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| | ‘(8A) | Two or more lead local authorities sharing a common landscape area or water |
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| | catchment area may work together to produce a shared landscape-scale local |
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| | flood management strategy in their area.’. |
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| Clause 13, page 9, line 42, at end insert ‘group of risk management authorities |
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| | Member’s explanatory statement
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| | Allows landscape-scale working, or even just collaborative project management between |
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| | neighbouring local authorities. |
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| Clause 14, page 10, line 25, at end insert ‘reasonable’. |
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| | Member’s explanatory statement
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| | Make sure requests are not onerous to individuals or company. |
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| Clause 15, page 11, line 23, leave out ‘the Minister,’. |
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| | Member’s explanatory statement
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| | To limit important judicial powers of the executive and guarantee right of appeal to an |
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| Clause 19, page 12, line 26, after ‘authorities’, insert ‘and the Environment Agency |
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| | Member’s explanatory statement
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| | To allow for Environment Agency or Welsh national investigations in the event of a flood in case |
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| | the local authority’s response needs to be investigated or in case the flood affects more than one |
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| Clause 19, page 12, line 27, after ‘authority’, insert ‘or the Environment Agency or |
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| | Member’s explanatory statement
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| | To allow for Environment Agency or Welsh national investigations in the event of a flood in case |
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| | the local authority’s response needs to be investigated or in case the flood affects more than one |
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| Clause 19, page 12, line 32, after ‘authority’, insert ‘or the Environment Agency or |
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| | Member’s explanatory statement
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| | To allow for Environment Agency or Welsh national investigations in the event of a flood in case |
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| | the local authority’s response needs to be investigated or in case the flood affects more than one |
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| Clause 19, page 12, line 34, at end add— |
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| | ‘(c) | lay the report before Parliament, or in Wales, the National Assembly for |
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| | Member’s explanatory statement
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| | To ensure any investigation report is publicly available and drawn to public attention. |
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| Clause 21, page 13, line 24, at end insert ‘or are likely to have a significant effect |
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| on public health and welfare if flooded, including— |
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| | ‘(i) | sites and structures critical to energy supply, |
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| | (ii) | sites and structures critical to water processing and supply, |
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| | (iii) | critical railway lines, roads and bridges, |
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| | (iv) | telephone exchanges and other critical communications sites and |
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| | (v) | general hospitals, and |
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| | (vi) | any other local sites and structures considered critical by the |
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| | Member’s explanatory statement
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| | To introduce a register of critical infrastructure. |
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| Clause 21, page 13, line 26, at end insert ‘and state of resilience to possible failure |
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| due to flooding or coastal erosion.’. |
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| | Member’s explanatory statement
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| | Complements inclusion of critical infrastructure. |
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| Clause 24, page 14, line 29, after ‘selection’, insert ‘, election’. |
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| Clause 24, page 14, line 30, after ‘appoint’, insert ‘or elect’. |
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| | Member’s explanatory statement
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| Clause 27, page 15, line 13, leave out from ‘(1)’ to ‘; and’ in line 14. |
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| Clause 27, page 15, line 35, at end add— |
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| | ‘(6) | In this section “sustainable development” means development which enables all |
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| | people throughout the world to satisfy their basic needs and enjoy a better quality |
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| | of life, without compromising the quality of life of future generations, pursued in |
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| | an integrated way through a sustainable, innovative and productive economy that |
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| | delivers high levels of employment; and a just society that promotes social |
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| | inclusion, sustainable communities and personal wellbeing and will be done in |
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| | ways that protect and enhance the physical and natural environment, and use |
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| | resources and energy as efficiently as possible.’. |
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| Schedule 3, page 49, line 3, leave out ‘county council’ and insert ‘local planning |
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| authority (as defined in section 1 (1)(b) of the Town and Country Planning Act 1990)’. |
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| Clause 9, page 7, line 16, at end add— |
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| | ‘(10) | The Secretary of State shall as soon as possible instigate, publish and have regard |
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| | to a review undertaken by a panel of independent persons, including |
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| | representatives from local authorities, universities, professional institutions and |
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| | other bodies as the Secretary of State deems appropriate, pertaining to the training |
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| | that will be required for the lead local flood authorities to undertake the functions |
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| | conferred under this section before this section is commenced.’. |
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| | Approval of local flood risk management strategies (England) |
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| To move the following Clause:— |
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| | ‘The regional flood and coastal committee shall approve local flood risk |
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| | management strategies developed by lead local flood authorities for areas in |
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| | England as defined in section 9.’. |
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| | Approval of local flood risk management strategies (Wales) |
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| To move the following Clause:— |
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| | ‘The regional flood and coastal committee shall approve local flood risk |
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| | management strategies developed by lead local flood authorities for areas in |
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| | Wales as defined in section 10.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Environment Agency shall carry out an assessment of the whole of England |
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| | and Wales to determine which areas of land are at risk from flooding, and it shall |
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| | determine these as being “flood risk areas”. |
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| | (2) | For the purposes of this section, an area of land shall be designated as a flood risk |
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| | |
| | (a) | there is evidence of it having flooded in the past; |
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| | (b) | for the purposes of paragraph (a), an area shall be deemed to have flooded |
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| | if water has rested on the surface of the land, or just below the surface; |
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| | (c) | the local planning authority, or the Environment Agency after |
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| | consultation with the local planning authority, are of the opinion that |
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| | building on a section of land would be likely to increase the risk of other |
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| | pieces of land flooding as a result of water displacement; or |
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| | (d) | having consulted with the local planning authority, the Environment |
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| | Agency reasonably believes that the area might be subject to flooding in |
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| | |
| | (3) | If an area of land is designated as flood risk, the Environment Agency shall |
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| | submit a formal objection to any medium or large-scale planning application |
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| | which is proposed for that land. |
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| | (4) | For the purposes of subsection (3), a planning application shall be designated as |
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| | being medium or large-scale if it involves the building of more than 10 houses, or |
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| | if it involves the building of a public, commercial or industrial unit covering |
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| | larger than half an acre in land area.’. |
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| Clause 6, page 4, line 33, at end insert— |
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| Clause 7, page 5, line 15, at end insert— |
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