Public Bill Committee: 14 January 2010

139

Flood and Water Management Bill, continued

Planning Act to ensure it is applied.

Flood risk management function

Miss Anne McIntosh

Angela Watkinson

NC9

To move the following Clause:—

‘The flood risk management function will be scrutinised in accordance with the

provisions of the bill by both Houses of Parliament under the provisions of the

European Communities Act 1972.’.

Regular maintenance of water courses

Miss Anne McIntosh

Angela Watkinson

NC10

To move the following Clause:—

‘The Environment Agency must undertake a programme of regular maintenance

work of major water courses on an annual basis with quarterly reports to both

Houses of Parliament.’.

Pilot schemes for adoption of private drains

Miss Anne McIntosh

Angela Watkinson

NC11

To move the following Clause:—

‘The Environment Agency must establish a pilot scheme with the aim of—

(a)	auditing all private drains and sewers;

(b)	assessing their condition;

(c)	estimating the likely cost of adopting all private drains and sewers in

2011, and

(d)	estimating the likely cost on customers’ bills.’.

Public Bill Committee: 14 January 2010

140

Flood and Water Management Bill, continued

Sustainable urban drainage systems

Miss Anne McIntosh

Angela Watkinson

NC12

To move the following Clause:—

‘A full definition of Sustainable Urban Drainage Systems (SUDS) is “Sustainable

drainage systems or sustainable (urban) drainage systems: a sequence of

management practices and control structures designed to drain surface water in a

more sustainable fashion than some conventional techniques (may also be

referred to as SuDS).”.’.

Ownership and maintenance of sustainable urban drainage systems

Miss Anne McIntosh

Angela Watkinson

NC13

To move the following Clause:—

‘It shall be stated which body has to be responsible for—

(a)	the ownership, and

(b)	maintenance of sustainable urban drainage systems.’.

No automatic connection to waste water pipes for major new developments

Miss Anne McIntosh

Angela Watkinson

NC14

To move the following Clause:—

‘(1)	There shall be no connection to waste water pipes or drains granted until—

(a)	water companies have been consulted on the capacity of the existing

system to manage the extra demands from new properties;

(b)	water companies have conducted a detailed assessment of the likely extra

demand and the capacity of the existing system to handle it;

(c)	financial responsiblity for building the extra infrastructure has been

apportioned, and

(d)	formal planning permission has been given.’.

Public Bill Committee: 14 January 2010

141

Flood and Water Management Bill, continued

Water companies to be statutory consultees

Miss Anne McIntosh

Angela Watkinson

NC15

To move the following Clause:—

‘(1)	The relevant planning authority for all major new developments must consult

equally—

(a)	water companies and

(b)	the Environment Agency.

(2)	The consultations must—

(a)	be in accordance with PPS 25;

(b)	establish the impact of the proposed new development on the local

drainage system, and

(c)	inform the planning application process.’.

Staffing and resources for Environment Agency

Miss Anne McIntosh

Angela Watkinson

NC16

To move the following Clause:—

‘(1)	The Secretary of State must make an assessment of the staff, equipment and

resources required by the Environment Agency to implement the provisions of

the Act in accordance with the lessons learnt from floods of 2007.’.

Resilience of critical infrastructure

Miss Anne McIntosh

Angela Watkinson

NC17

To move the following Clause:—

‘(1)	The Secretary of State may by order require utility companies to report on their

critical infrastructure and their ability to withstand future floods.

(2)	The Secretary of State must lay before Parliament a copy of each report received

under subsection (1).’.

Public Bill Committee: 14 January 2010

142

Flood and Water Management Bill, continued

Resilience of individual properties, households and businesses

Miss Anne McIntosh

Angela Watkinson

NC18

To move the following Clause:—

‘(1)	The Environment Agency must submit an annual report to the Secretary of State.

(2)	In particular, the report must include information on—

(a)	the take up of flood warnings by property owners and tenants,

(b)	the take up of additional anti-flood measures on properties previously

flooded before reoccupation,

(c)	any developments with insurance companies on anti-flood measures that

could be adopted that would reduce the insurance premiums for

properties at risk of flooding.’.

Annual report from the British Standards Institution

Miss Anne McIntosh

Angela Watkinson

NC19

To move the following Clause:—

‘(1)	The Secretary of State may by order require the British Standards Institution to

submit an annual report to the Secretary of State.

(2)	In particular, the report must include information on—

(a)	the burden of proof required to obtain the kitemark for flood resistant

products,

(b)	the number of kitemarks issued in that year,

(c)	the number of products which fail to meet the test of resistance which led

to further flooding of any particular property.

(3)	The Secretary of State must lay before Parliament a copy of the report received

under subsection (1).

(4)	A report under this section must be laid before and approved by a resolution of

each House of Parliament.’.

Annual report from the Climate Change Adaptation Sub Committee

Miss Anne McIntosh

Angela Watkinson

NC20

To move the following Clause:—

‘(1)	The Secretary of State may by order require the Climate Change Adaptation Sub

Committee to submit an annual report to the Secretary of State.

Public Bill Committee: 14 January 2010

143

Flood and Water Management Bill, continued

(2)	In particular, the report must include information on the progress towards

implementing each recommendation for adapting to climate change.’.

Transfer of sustainable urban drainage systems

Miss Anne McIntosh

Angela Watkinson

NC21

To move the following Clause:—

‘The Secretary of State may make provision for the transfer of Sustainable Urban

Drainage Systems to water and sewerage companies.’.

Planning permission and connection to the sewerage system

Miss Anne McIntosh

Angela Watkinson

NC22

To move the following Clause:—

‘(1)	The Town and Country Planning Act 1990 is amended as follows.

(2)	After section 70B of the Town and Country Planning Act 1990 insert—

“70C	Prior to granting planning permission under section 70(1), a local

planning authority must consult the relevant sewerage undertaker in

relation to the proposed location of any connection to the sewerage

system.”.

(3)	“sewerage system” shall have the same meaning as in section 94 of the Water

Industry Act 1991.’.

Approval of local flood risk management strategies (England)

Martin Horwood

Mr Roger Williams

NC23

To move the following Clause:—

‘The regional flood and coastal committee shall approve local flood risk

management strategies developed by lead local flood authorities for areas in

England as defined in section 9.’.

Public Bill Committee: 14 January 2010

144

Flood and Water Management Bill, continued

Approval of local flood risk management strategies (Wales)

Martin Horwood

Mr Roger Williams

NC24

To move the following Clause:—

‘The regional flood and coastal committee shall approve local flood risk

management strategies developed by lead local flood authorities for areas in

Wales as defined in section 10.’.

Flood risk areas

Mr Laurence Robertson

NC25

To move the following Clause:—

‘(1)	The Environment Agency shall carry out an assessment of the whole of England

and Wales to determine which areas of land are at risk from flooding, and it shall

determine these as being “flood risk areas”.

(2)	For the purposes of this section, an area of land shall be designated as a flood risk

area if—

(a)	there is evidence of it having flooded in the past;

(b)	for the purposes of paragraph (a), an area shall be deemed to have flooded

if water has rested on the surface of the land, or just below the surface;

(c)	the local planning authority, or the Environment Agency after

consultation with the local planning authority, are of the opinion that

building on a section of land would be likely to increase the risk of other

pieces of land flooding as a result of water displacement; or

(d)	having consulted with the local planning authority, the Environment

Agency reasonably believes that the area might be subject to flooding in

the future.

(3)	If an area of land is designated as flood risk, the Environment Agency shall

submit a formal objection to any medium or large-scale planning application

which is proposed for that land.

(4)	For the purposes of subsection (3), a planning application shall be designated as

being medium or large-scale if it involves the building of more than 10 houses, or

if it involves the building of a public, commercial or industrial unit covering

larger than half an acre in land area.’.

Training and development of employees in water sector

Mr David Drew

NC26

To move the following Clause:—

‘(1)	The Water Industry Act 1991 (c.56) is amended as follows.

Public Bill Committee: 14 January 2010

145

Flood and Water Management Bill, continued

(2)	After section 37(3) insert—

“(4)	It shall be the duty of each water undertaker to ensure it maintains

investment in the training and development of its workforce. Each

undertaker shall be required by Ofwat to include in their twenty-five year

strategic plan measures to ensure that sufficient investment is being made

in training and development”.’.

Order of the House [15 December 2009]

That the following provisions shall apply to the Flood and Water Management Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 21 January 2010.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [7 january 2010]

That—

(1)	the Committee shall (in addition to its first meeting at 9.00 am on Thursday

7 January) meet—

(a)	at 1.00 pm on Thursday 7 January;

(b)	at 10.30 am and 4.00 pm on Tuesday 12 January;

(c)	at 9.00 am and 1.00 pm on Thursday 14 January;

(d)	at 10.30 am and 4.00 pm on Tuesday 19 January;

(e)	at 9.00 am and 1.00 pm on Thursday 21 January;

(2)	the Committee shall hear oral evidence in accordance with the following

Table:

---

Revised 14 January 2010