Future Flood and Water Management Legislation

Memorandum submitted by Calderdale Council (FFW 14)

Executive Summary

This submission concentrates on issues with which officers are familiar, recognising that other issues may be important but outside local expertise.

1. Records: The Lead Local Flood Authority is not generally the owner of the assets for which it has duty to keep a register. The exercise of producing the register should be a long-term objective and needs funding accordingly.

2. Development control: Brownfield development should be restricted to greenfield surface water run-off rates.

3. Proliferation of plans: The number of plans and assessments for the LLFAs to produce should be rationalised.

4. Preliminary Flood Risk Assessments (PFRA): There should be flexibility in the second phase of a PFRA to consider areas not initially identified when more detail is available.

5. Sustainable Drainage: Commuted sums should be introduced for maintenance of sustainable drainage systems (SUDS).

6. Maintenance Schedules: These should be more clearly defined.

7. Pollution prevention: Proposals to reduce pollution from misconnected sewers should be considered.

8. Other measures: Changes to the Agricultural Land Tribunal and its procedures, Introduction of new Statutory Nuisance categories, Creation of run-off reduction zones and a single unifying act of parliament for flood and water management

9. Private sewer transfer: Savings to Local Authorities will be minimal. Determining the status of pipes at land boundaries may prove very difficult.

On behalf of Calderdale Council, the following is submitted for consideration during the examination of Flood Risk Management and related matters. This submission has concentrated on the issues with which officers are familiar, other issues may be important but are outside local expertise.

1. Records

1.1 The LLFA duty to keep a register of all assets that influence flood risk should be re-examined.

1.2 The exercise will be a long-term objective, especially in current fiscal circumstances. However, it should at least be undertaken when assets are viewed /exposed for other reasons.

2. Development control

2.1 The strength of regulation around the sustainable drainage clauses of the FWM Act should be examined.

2.2 A commitment to requiring brownfield development to be restricted to greenfield Surface Water run-off rates should be introduced in the Bill or the Minister should be requested to use regulatory powers to make this clearer.

3. Proliferation of plans etc.

3.1 During the past 3 years, there have been innumerable plans and consultations from Government, the EA, the LGA etc. There is significant overlap and more rationalised lists of guidance and duties are preferable to allow practitioners to apply their skills effectively.

4. PFRAs

4.1 Current guidance states that the PFRA should be produced from existing data refined by local knowledge. This will identify areas at risk of flooding for further study in the second phase.

4.2 If during the second phase it is found that different areas are at risk, there should be allowance for flexibility so that the focus of study can be shifted and these works still receive financial support.

5. Sustainable Drainage

5.1 The policy of no levy of commuted sums for maintenance of SUDS should be re-examined.

6. Maintenance Schedules

6.1 Current legislation and guidance regularly mentions inspection and maintenance schedules in relation to watercourses. There is no clear definition of a duty in this respect, except monitoring of critical assets.

6.2 Responsibility for maintenance continues with the riparian owners under the Land Drainage Act 1991. The Committee may wish to encourage government to make its intentions clearer. E.g. if a watercourse urgently requires maintenance and the riparian owners cannot be traced the LLFA could be given the duty to respond in the public interest rather than permissive power.

7. Pollution prevention

7.1 Consider re-introduction of proposals to reduce pollution from misconnected sewers, contained in the FWM Bill.

8. Other measures

8.1 DEFRA should bring forward other measures that were in draft prior to finalisation of the Bill.

Changes to the Agricultural Land Tribunal and its procedures

Introduction of new Statutory Nuisance categories

Creation of run-off reduction zones

A single unifying act of parliament for flood and water management

9. Private sewer transfer

9.1 DEFRA’s assessment of the definitions, their impact and suitable protocols for future management should be examined.

9.2 Local Authorities and the LGA have demonstrated to DEFRA that its assessment of savings to LA’s is flawed. The estimated potential saving to Calderdale is just £4,500.

9.3 In attempting to produce fair and manageable arrangements for administration of infrastructure, the draft Regulations have overlooked a significant operational problem. By changing the status of pipes at administrative surface boundaries (e.g. fence lines) rather than chambers and pipework junctions, practitioners will be faced with a problem in identifying whether a defective drain is private or a lateral drain.

9.4 Under existing legislation, it is possible to question the customers or do simple dye tests on site to resolve responsibility. Under the proposed Regulations, LA’s may require excavation to define responsibility. It is recommended that these arrangements are reviewed and a protocol devised for receipt and investigation of problems that is workable and equitable.

9.5 The most logical protocol is that the WASCs attend all cases, carry out investigations/blockage clearance and report to the local authority if they feel that a defect exists in a private drain. This has a parallel in the 1936 Public Health Act where all sewers were cleansed by the sewerage undertaker but Section 24 sewers were maintainable at the expense of the owners of properties that they served.

9.6 These proposals are not free from complications or financial implications on the WASCs but the alternative is that the Local Authorities will have to retain parallel resources that they might otherwise have wound down.

October 2010