Transcript THE PLANNING AND COMPULSORY PURCHASE BILL

PLANNING FOR
FLOODS
Geoffrey
Stephenson
Government Guidance on
Flooding
PPS1
General guidance only, nothing
specific
PPS25
Detailed guidance which must be
followed by developers and local
planning authorities
Role of the Environment Agency
1.
2.
3.
4.
Statutory body: Environment Act 1995
Permission powers for management of flood risk
for main rivers and the sea
Subsidiary powers for flood forecasting,
warning and general supervision of flood
defences
Statutory consultee for development proposals
and in formation of RSSs and LDDs
Continued
5.
6.
7.
Will provide advice to LPAs and to
developers undertaking FRAs
Will object to unacceptable proposal and
may force call-in
Prepares the national Flood Map
Sequential Test

Essential aim is to steer new development to the
low risk Zones
 In bringing forward allocations in development
plan documents, decision makers should first
consider Zones 1 and 2 and only if not available
consider Zone 3
 Individual applications must follow the Test but
not if there is a development plan allocation based
upon an SFRA.
Flood Map
Divides the country into Zones according to the assessed
risk from sea and river
Zone 1: low probability – 0.1% risk
Zone 2: medium probability - 0.1% to 1%
Zone 3:
a.
High probability – over 1% for river flooding or over
0.5% for sea flooding
b.
The functional flood plain – 5%. This is the land area
which stores flood waters or accommodates flood flows
Vulnerability Classification
1.
2.
-
Essential infrastructure
roads, strategic utility infrastructure such
as electricity power stations
Highly vulnerable
Emergency services operational structures
such as police or ambulance stations
continued
3.More vulnerable
- Hospitals
- Dwelling houses. Hostels, hotels, nightclubs
- Residential institutions
- Landfill sites
Continued
4.
-
Less vulnerable
Commercial buildings eg shops and
offices
Agricultural buildings
Sewage treatment plants
continued
5.
-
-
Water compatible development
docks, marinas and wharves
Lifeguard and coastguard stations
MOD defence installations
Sewage pumping stations
Compatibility Table
Zone
Essential
Infrastructure
Water
Compatible
Highly
Vulnerable
More
Vulnerable
Less
Vulnerable
1
OK
OK
OK
OK
OK
2
OK
OK
Exception test
required
OK
OK
3a
Exception test
required
OK
Not to be
permitted
Exception test
required
OK
3b
Exception test
required
OK
Not to be
permitted
Not to be
permitted
Not to be
permitted
The Exception Test

Must be demonstrated that sustainability
benefits to the community outweigh flood
risk
 Development should be on developable
brown land
 If not brown land, there is no reasonable
alternative brown land available
Continued

FRA must demonstrate that the
development itself will not be safe, with no
displaced risk elsewhere, and flood risk
reduced overall
 The Test is not to be used where the
development is “not to be permitted”
Flood Risk Assessment

FRAs refine the information on the Flood
Map by addressing for a particular site or
area, eg, the route of flood flows, velocity,
depth etc
 RFRA addresses flood risk in the RSS
context
continued

An SFRA is prepared for RSSs and LDDs, It
forms the basis for an application of the Sequential
Test and consideration of the Exception Test in
land allocation. Several LPAs can join together to
prepare a sub-regional SFRA
 A site specific FRA is needed for sites of one
hectare plus in Zone 1 and all new developments
in Zones 2 and 3. Prepared by developer.
Climate Change





Government stance is that climate change is
happening and will affect flood risk and
consequences in the future.
Sea levels will rise, rainfall patterns will change.
Violent storms will cause more frequent flash
flooding from rivers in mountain regions.
Coastal areas at greater risk.
Climate change is to be taken into account in
FRAs whether regional, local or site specific.
Individual Applications







EA will advise LPA whether it objects or not
If EA maintain objection then decision will be in hands of
LPA
LPA will need good reasons to grant permission in face of
EA objection
LPA must then inform SoS of its view before granting
permission
Result may be a call-in
LPA will then find itself opposing the EA
May rely upon developer’s experts or instruct its own
experts