Good Practice Guide. Technical guidance: Flood risk activity definitions October GPG 220 Document Owner: Flood Risk Strategy.

Transcription

1 Good Practice Guide Technical guidance: Flood risk activity definitions October 2016 GPG 220 Document Owner: Flood Risk Strategy Page 1 of 9

2 Version History: Document Date Summary of Changes Version Published 1.0 Apr-2016 Document created and signed off 1.1 Sep-2016 Changes to protected undertakings text 1.2 Jan-2017 Reference to legislation updated Review Date: April 2018 Notice All Natural Resources Wales Guidance Notes are covered by copyright. Please be aware that the use of any material within this document must be carried out in line with the NRW Copyright Statement and Disclaimer Standard Notice, a copy of which is available from the Access to Information Team on accesstoinformationteam@naturalresourceswales.gov.uk. Any re-use of this information will be determined by the Re-use of Public Sector Information Regulations 2005, again details available from the Access to Information Team. Published by: Natural Resources Wales Cambria House 29 Newport Road Cardiff CF24 0TP (Mon-Fri 8am-6pm) enquiries@naturalresourceswales.gov.uk Natural Resources Wales All rights reserved. This document may only be reproduced with the written permission of Natural Resources Wales Page 2 of 9

3 Introduction This provides an overview and clarification of the terms for flood risk activities under the Environmental Permitting (England and Wales) Regulations This document is to be read in conjunction with: Any Flood Risk Activity permitting webpages on the Natural Resources Wales website and associated downloads; Good Practice Guide 221: Technical guidance flood risk activity exemptions; Good Practice Guide 222: Technical guidance flood risk activity exclusions. This guidance is split into two parts: Part A Flood risk Activity definition Part B Clarification of terms Page 3 of 9

4 Part A: Flood risk activity This part contains detail of what is a flood risk activity. A flood risk activity includes: a) Erecting any structure (whether temporary or permanent) in, over or under a main river. b) The carrying out of any work of alteration or repair on any structure (whether temporary or permanent) in, over or under a main river if the work is likely to affect the flow of water in the main river or to impact on any drainage work. c) Erecting or altering any structure (whether temporary or permanent) designed to contain or divert the floodwaters of any part of a main river. d) Any dredging, raising or taking of any sand, silt, ballast, clay, gravel or other materials from or off the bed or banks of a main river (or causing such materials to be dredged, raised or taken), including hydrodynamic dredging and desilting. e) Any activity which is likely to divert the direction of the flow of water into or out of a main river or alter the level of water in a main river. f) Any activity within 8 metres of a non-tidal main river (or within 8 metres of any flood defence structure or culvert on that river) or any activity within 16 metres of a tidal main river (or within 16 metres of any flood defence structure or culvert on that river) which is likely to: i. cause damage to or endanger the stability of the banks of that river or of any culvert; ii. cause damage to any river control works; iii. alter, reconstruct, discontinue or remove any river control works; iv. divert or obstruct flood waters or impact on the drainage of that river; or v. interfere with Natural Resources Wales access to and along that river. g) Any activity (other than an allowed activity (see below for definition)) on a flood plain that is: i. more than 8 metres from a non-tidal main river or more than 16 metres from a tidal main river; or ii. more than 8 metres from any flood defence structure or culvert on a non-tidal main river or more than 16 metres from any flood defence structure or culvert on a tidal main river, which is likely to divert or obstruct floodwaters, to damage any river control works or to impact on drainage. h) Any activity within 16 metres of the base of a sea defence which is likely to: i. endanger the stability of, cause damage to or reduce the effectiveness of that sea defence; or ii. interfere with Natural Resources Wales access to and along that sea defence. Page 4 of 9

5 i) Any activity within 8 metres of the base of a remote defence which is likely to i. endanger the stability of, cause damage to or reduce the effectiveness of that defence, or ii. interfere with Natural Resources Wales access to and along that defence. j) Any quarrying or excavation within 16 metres of the base of a remote defence which is likely to cause damage to or endanger the stability of that defence. k) Any quarrying or excavation within 16 metres of a main river or any flood defence structure or culvert on that river which is likely to cause damage to or endanger the stability of the banks of that river. Protected undertaking, railways and bridges Protected undertakings Activities (e) to (k) above are not flood risk activities needing a permit where they are to be carried out by protected undertakings. These comprise the Civil Aviation Authority, the Coal Authority, a universal postal service provider, water and sewerage undertakers, electronic communications networks, airports, public gas suppliers, electricity generating, transmission or supply organisations, navigation, harbour and conservancy authorities, railway companies, local authority public utility undertakings and operators within the meaning of the Coal Industry Act It is considered good practice for organisations classed as protected undertakings to contact the relevant NRW department to discuss the proposal prior to commencing the flood risk activity. This will allow any flood risk / environmental concerns to be identified and, where practical, mitigated. The above bodies will however require permits for activities (a) to (d). Flood risk activities by Risk Management Authorities Activities (e) to (k) are not flood risk activities requiring a permit when they are to be carried out to manage a flood risk by a risk management authority (i.e. NRW, a lead local flood authority, a water company or a highways authority. This protection only applies to work to manage a flood risk and not for any other purpose of the organisation in question. A permit is not required for work being carried out by Welsh Ministers or any UK Government department in relation to a bridge, but is required for such work by other bodies such as local authorities. Page 5 of 9

6 Part B Clarification of terms Term Allowed activity Application Bank (other than the bank of a sea defence) Conditions for operation and maintenance of structures and works Conservancy authority Culvert Designated Site Definition By allowed activity, we mean: (a) any activity that has been granted planning permission by a local planning authority or the Secretary of State under the Town and Country Planning Act 1990, a certificate under section 191 of that Act or an established use certificate under section 192 of that Act, as originally enacted, which continues to have effect for the purposes of subsection (4) of that section, or (b) the construction of hay or straw stacks, clamps or manure (or similar) heaps, in accordance with accepted agricultural practice; An application could be: (a) for the grant of an environmental permit; (b) by a permit holder for the variation of an environmental permit; (c) for the surrender, in whole or in part, of an environmental permit. By bank we mean any bank, berm, wall or embankment that adjoins or confines any watercourse and includes the side of the bank that stretches down to the mean low-water mark (in the case of a watercourse in which tidal waters flow) or to the bed of the watercourse (in any other case). In the case of a watercourse in which tidal waters flow, the bank includes any wall or embankment constructed or maintained by the regulator in the sea or an estuary for the purposes of or in connection with a river. Natural Resources Wales may grant an application subject to such conditions as it sees fit, including: (a) the operation and maintenance of any structure or works as we consider to be necessary to: (i) manage impacts on land drainage, (ii) manage flood risk, or (iii) secure environmental protection; (b) access by us to any structure, works or a watercourse, including access to any surrounding land where this is necessary to access the structure, works or watercourse. Any person who has a duty or power under any enactment to conserve, maintain or improve the navigation of a tidal water and is not a navigation or harbour authority. A covered channel or pipe which prevents the obstruction of a main river or drainage path by an artificial construction. A Designated site in this context are protected areas in the UK that are designated under UK law and European Directives: Special Area of Conservation (SAC) (European) Ramsar site (International) Sites of Special Scientific Interest (SSSI) (UK) Special Protection Area (SPA) (European) Page 6 of 9

7 Drainage Emergency Emergency situation Emergency works notice Excluded flood risk activity Exempt flood risk activity Flood defence structure Harbour Authority Land Main river Where drainage is used in the guidance and definitions, it includes: (a) defence against water, including sea water; (b) irrigation other than spray irrigation; (c) warping; and (d) the carrying on, for any purpose, of any other practice which involves management of the level of water in a watercourse. An occurrence which presents a risk of: (a) serious flooding; (b) serious detrimental impact on drainage; or (c) serious harm to the environment. A situation where an emergency has occurred, is occurring or is about to occur. In an emergency situation, the regulator may serve an emergency works notice on the permit holder, the owner or occupier of the premises or any other person responsible for a flood risk activity. This may be served whether or not the activity is an excluded or an exempt flood risk activity. An activity which falls within a description contained in Part 2 of Schedule 23ZA of the Regulations and Good Practice Guide 222: Technical guidance: flood risk activity exclusions and satisfies the specific exclusion conditions. A flood risk activity which which falls within a description contained in Part 4 of Schedule 3 of the Regulations and in Good Practice Guide 221: Technical guidance: flood risk activity exemptions, satisfies the specific exemption conditions and has been registered as a flood risk activity exemption with Natural Resources Wales. Any permanent works constructed, operated or maintained by the regulator for the purposes of managing flood risk. In relation to a harbour, a Harbour Authority is: (a) the person who is the statutory harbour authority for the harbour, or (b) if there is no statutory harbour authority for the harbour, the person (if any) who is the proprietor of the harbour or who is entrusted with the function of managing, maintaining or improving the harbour. Includes: (a) water; (b) land covered by water. A watercourse shown as such on a main river map and includes any structure or appliance for controlling or regulating the flow of water into, in or out of the channel which: (a) is a structure or appliance situated in the channel or in any part of the banks of the channel; and (b) is not a structure or appliance vested in or controlled by an internal drainage board. Page 7 of 9

8 Navigation Authority Non-tidal main river Operator Permanent Works Permit Permit Holder Powers to remove or remedy Public consultee Public register Regulations Remediation notice River control works Any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock. Any part of a main river that is not a tidal main river. The person who has control over the operation of a regulated activity. Works which are intended to remain in place rather than for a limited period, for example in association with and to facilitate the construction of other structures or work. An official document giving someone authorisation to undertake an activity. The person who has control over the operation of a regulated activity by holding a valid permit issued by the regulator. Natural Resources Wales may take steps to: (a) remove, alter or pull down any works carried out pursuant to an unauthorised flood risk activity; (b) remedy the effects caused by an unauthorised flood risk activity. A person whom Natural Resources Wales considers is affected by, is likely to be affected by, or has an interest in, an application. Natural Resources Wales issues permits and exemptions for business and individuals to carry out certain activities that have the potential to harm the environment. For flood risk activities and exemptions, under the Regulations, Natural resources Wales is required to maintain a Public Register which must be made available containing key information related to the permit application, the decision on it and the regulation of a site. This is available to the public so you can check if a site has a permit or exemption to operate legally. The Environmental Permitting (England and Wales) Regulations Where Natural Resources Wales considers that an unauthorised flood risk activity is being or has been carried on, the regulator may serve a remediation notice on the operator, the owner or occupier of the premises or any other person responsible for the unauthorised flood risk activity. This may require a person to cease an activity, take remedial action or carry out restoration work. Any structure or appliance used for measuring or regulating: (a) the level of water in a main river, (b) the flow of water in, into or out of, a main river, or (c) the drawing of water from, or the delivering of water into, a main river, and includes any sluices, flood gates, lashers, valves, paddles, penstocks, locks, weirs, dams, pumps, pumping machinery or pipes; Page 8 of 9

9 Remote defence Sea defence Temporary Works Tidal main river Unauthorised flood risk activity Watercourse Any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river, other than any berm, wall or embankment which is a bank within the meaning of bank (above). Includes any bank, wall, embankment (and any berm, counterwall or cross-wall connected to any such bank, wall or embankment), barrier or tidal sluice or other defence whether natural or artificial against the inundation of land by sea water or tidal water, not being waters in a river, (including natural or artificial high ground which forms part of or makes a contribution to the efficiency of the defences of the regulator s area against flooding) but excludes any sea defence works which are for the time being maintained by a Coast Protection Authority under the provisions of the Coast Protection Act 1949 or by any local authority or any navigation, harbour or conservancy authority. These are typically implemented to construct the permanent works of a particular project. For example, scaffolding, bunding/cofferdams i.e. watertight enclosures, within the channel of the watercourse and/or temporary diversions of river flow while work is being carried out. Such works can also include temporary obstruction of the floodplain by spoil heaps or by any other means. Part of a main river downstream of the normal tidal limit (NTL) as shown by Ordnance Survey Maps, or where no NTL is shown, equivalent to the location of a tidal sluice or gate. A flood risk activity which is not authorised by an environmental permit but excluding any exempt or excluded flood risk activities. All rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer. Page 9 of 9