LINCOLNSHIRE COUNTY COUNCIL A DRAINAGE AUTHORITY and what it will mean for Lincolnshire MARK WELSH & DAVID HICKMAN THE LEGISLATION:

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1 LINCOLNSHIRE COUNTY COUNCIL A DRAINAGE AUTHORITY and what it will mean for MARK WELSH & DAVID HICKMAN ADA Local Authority Seminar Thursday 17 March 2010 Great Northern Hotel, Peterborough THE LEGISLATION: FLOOD AND WATER MANAGEMENT BILL (before Parliament) The Flood Risk Regulations 2009 (came into force on 10 December 2009) transposing the European Floods Directive into Domestic Law 1

2 The Strategic Overview Flood risk from all sources is adequately assessed and managed using a strategic, risk-based approach Strategic Flood Risk Main rivers Sea Reservoirs Local Flood Risk Surface runoff Groundwater Ordinary watercourses Coastal erosion Strategic Overview THE EFFECTS OF THE LEGISLATION CAN BROADLY BE BROKEN DOWN INTO THREE AREAS: The Lead Local Flood Authority Role and Strategic Plans. The day job as a Drainage Authority. Sustainable Drainage (SUDS) and Development Control. 2

3 LEAD LOCAL AUTHORITY ROLE AND STRATEGIC PLANS Lead the co-ordination of Local Flood Risk Management. Develop, maintain, apply and monitor a strategy for Local Flood Risk Management: -NB Local Flood Risk means Flood Risk from:- (a) surface run off (b) groundwater, and (c) ordinary watercourses Prepare a preliminary assessment in relation to flooding in the County (by December 2011) used to determine areas of significant flood risk (PFRA s). Maps must then be prepared for these significant risk areas by December 2013, and Flood Risk Management Plans to be prepared by December 2015 (all of the above having regard for the Environment Agencies Strategies with approval by them required for many of the functions) NB: EA remains operational body for main river and coastal flood risk) Production of Surface Water Management Plans (dependant on funding) Input into Local Development Frameworks and Strategic Flood Risk Assessments. Produce Multi-Agency Flood Plans (current requirement under the Civil Contingencies Act). Form Partnerships to manage Local Flood Risk 3

4 THE DAY JOB AS A DRAINAGE AUTHORITY Identify and investigate flooding (feed into Flood Risk Management Plans) and Duty to ensure greater co-ordination and avoid situations where Authorities do not accept responsibility - investigate all incidents (where other risk authorities do not respond) - ascertain responsibility / action, maintain a register and publish! Carry out works for the of flood risk 4

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6 Designation of structures and features which may affect flood risk e.g. embankments and walls. With the exception of Water Companies all Risk Management Authorities can designate, but Lead Authority to maintain the Register. Operational Authorities in times of flooding all hands to the pump. 6

7 Take on the Environment Agency s role as Drainage Board for watercourses outside of IDB areas e.g. consenting and enforcement However, as currently drafted, powers to do works on ordinary watercourses remain with either District or Unitary Authorities, or IDB s? SUSTAINABLE DRAINAGE (SUDS) AND DEVELOPMENT CONTROL What is Sustainable Drainage? Mimic the natural process The benefits 7

8 The Management Train Prevention good housekeeping measures within development. the SUDS " train" Source control managing runoff at or near its source where it falls as rain Site control dealing with runoff within or local to the development site Regional control control of runoff in amenity space SUDS features before final outfall 8

9 SOME EXAMPLES OF SUDS FEATURES Rainwater garden Filter strip leading to Filter Drain Canal with planting in a high density housing development, Stamford Filter Strip Swale showing planting Swale 9

10 Bio Retention Basin Wetland Large Pond showing added amenity value HOWEVER.. A LARGE BALANCING POND AT THE END OF A POSITIVE DRAINAGE SYSTEM IS NOT SUSTAINABLE DRAINAGE NEITHER IS AN UNDERGROUND TANK OR SOAKAWAY AT THE END (WRONG END OF THE MANAGEMENT TRAIN) OF A POSITIVE PIPED SYSTEM 10

11 SUDS AND THE DEVELOPMENT CONTROL PROCESS What is proposed? (1) The Flood and Water Management Bill will: Establish a SUDS Approving Body (SAB) in county or unitary local authorities. Require SAB approval, before construction can commence. Amend S106 of Water Industry Act 1991 to make the right to connect surface water run-off to public sewers conditional on SAB approval of plans. 11

12 What is proposed? (2) Require Minister to issue National Standards for design, construction, operation and maintenance of SUDS, supported by statutory guidance. Require SAB to adopt SUDS serving more than one property, where constructed as approved. SUDS on private property (private and adopted) to be designated as Assets via land charge which means they can t be moved or damaged. All SUDS to be placed on a register. Establish SAB as Statutory Consultee to planning process. National Strategic Framework Preliminary Flood Risk Assessment (National) National Flood & Coastal Erosion Risk Management Strategy Local Preliminary Flood Risk Assessment (County) Strategic Flood Risk Assessment (District) Catchment Flood Management Plans Shoreline Management Multi Plans Local Flood Risk Management Strategy Multi-Agency Flood Plan Surface Water Management Plans 12

13 Flood Risk & Drainage Management Framework Overview & Scrutiny RFCC Strategy Group (SG) [Lead by EA] Operational/Management Group (MG) [Lead by Local Authority] Local Resilience Forum Central flood risk & East Lindsey flood risk & Boston & South Holland flood risk and South Kesteven flood risk and Comms Data Management Strategy Group Overview & Scrutiny RFCC Strategy Group (SG) [Lead by EA] Operational/Management Group (MG) [Lead by Local Authority] Resilience Forum Strategic overview/input to LDFs, RSS, SFRA Overseeing Subcatchmencatchmencatchment development Sub- of key plans Sub- (SMPs, CFMPs) Guidance to & Operational & Management & Group Overseeing risk policy risk implementation risk Liaison with RFCC & Scrutiny Co-ordination with Resilience Forum Senior Members & Officers representing all risk authorities Subcatchment & risk Local flood risk & Comms Data Management 13

14 Operational Management Group Overview & Scrutiny RFCC Local flood risk & Strategy Group (SG) [Lead by EA] Local flood risk & Commissioning works & co-ordinating available resources Co-ordinating local catchment s Flood event planning (with LRF) Senior Officers representing all risk authorities Local Drainage & Flood Risk Management Groups Overview & Scrutiny RFCC Strategy Group (SG) [Lead by EA] Operational/Management Group (MG) [Lead by Local Authority] Resilience Forum Local flood risk & Subcatchment & risk Based on existing local s Local delivery Subcatchment actions in CFMPs, catchment SMPs, catchment Local FRM Strategy of joint Sub- solutions to flooding Sub- incidents Comms Delivery of & & & risk Key to engagement risk at local risk level Data Advise Operational Management Group on technical Management issues Operational Managers from all risk authorities Resilience Forum Operational/Management Group (MG) [Lead by Local Authority] Development & co-ordination of Surface Water Management Plans Asset plans & data Subcatchmencatchmencatchment Sub- Sub- Comms SMP & CFMP action plans and implementation Co-ordinating & development & control & policies potential risk point risk of contact for risk large developments Data Management 14

15 Timetable for Implementation Sign off partnership framework by partners March- April Convene partnership ings April-May Develop and deliver implementation plan May- October Establish Scrutiny arrangements by October Establish Lead Local Authority internal arrangements by October Capable of delivering full provisions of Flood and Water Bill by April