Department for Levelling Up, Housing & Communities
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Councils must use powers to protect new homes from flood risk

Councils must use powers to protect new homes from flood risk

COMMUNITIES AND LOCAL GOVERNMENT News Release (141) issued by The Government News Network on 11 June 2008

Councils must get tough on protecting people in flood risk areas, Minister for Planning Caroline Flint announced today.

New guidance published today gives councils five clear steps for maximising the planning rules to better manage flood risks in their area.

Last summer's devastating floods reminded everyone of the dangers of climate change for people living in flood risk areas and proved we need better protection for these communities. That is why the Government put in place tough new planning rules which prevent inappropriate building on flood plains.

It is now compulsory to consult with the Environment Agency on planning applications in flood risk areas and where councils ignore their advice on major developments the Government will intervene.

Sir Michael Pitt concluded in his interim report on the summer floods that these rules will prevent and reduce flooding - but councils need to rigorously apply them to make sure people at risk get the protection they deserve.

ABI research has found that if councils apply flood planning rules effectively the cost of flooding could be reduced by more than half in the Thames Gateway and by 96% in other growth areas. Other independent research suggested it could cut the annual cost of flood damage by £18billion.

The five steps set out in the planning guidance that councils should follow for deciding new development are:

* Identify what the flood risks are including river/sea breaches, inadequate drainage and surface water run off or sewer problems;

* Avoid risk by prioritising non-flood areas first for new development;

* Critically assess whether the need for a new development outweighs flood risk, including following Environment Agency advice;

* Control flooding using sustainable drainage and good design;

* Ensure all new buildings that have to be in areas that might flood are resilient and safe.

Planning Minister Caroline Flint said:

"We saw very clearly last summer the devastating potential of severe storms. We can't prevent heavy downpours or abandon those already living in flood plains but wherever possible we need to make sure councils are avoiding or reducing the risk of flooding in their communities.

"The Government has put tough planning rules in place for flood risk areas that we need councils to enforce. To help them we are issuing a 5 step guide to planning new homes so councils have no excuse for failing to protect their communities."

Six regional workshops have been organised in partnership with the Environment Agency and members of the insurance industry, to reinforce this message to local councils.

The Government has already intervened in 24 cases following Environment Agency advice. Four were called in, a further four are under consideration and the rest were returned to councils following improvement to flood protection measures. Developers can help avoid intervention through good pre-application engagement with local planning authorities and the Environment Agency.

Historically Britain has always lived on flat, fertile land close to waterways as the economic benefits outweighed the threat of intermittent flooding. Only 10% of England is built on flood plains.

The Government has already made up to £88m available to councils affected by last summer's floods to date, with further money to follow through the £31m Restoration Fund, to allow councils to enforce this action plan.

Environment Agency Head of Planning Mark Southgate said,

"The summer 2007 floods highlighted the severe impact that flooding can have on people and communities. We welcome the Government's policy on planning and flood risk that seeks to steer new development away from high flood risk areas.

"This guide shows examples where local authorities have successfully planned their communities with flood risk in mind. We now need all local authorities to follow this good practice to ensure that new development is fit for a future of climate change".

Notes to Editor

1. The new practice guide being published today is available at http://www.communities.gov.uk/publications/planningandbuilding/pps25practiceguide

2. Planning Policy Statement 25: Development and Flood Risk (PPS25) published in December 2006 directs development first to areas of lowest risk through a Sequential Test so that sites at little or no risk of flooding are developed in preference to areas at higher risk. Where the sequential test shows that there are no available sites at lower risk of flooding and the need for new homes outweighs the flood risk, PPS25 imposes an Exception Test, to ensure those that have to be built in higher risk areas are safe and less susceptible to flood damage. The Environment Agency must be consulted on planning applications in flood risk areas. If councils intend to approve applications against the EA's advice they must be referred to the Secretary of State.

3. The six regional seminars are being held after the launch to get the message out to stakeholders. They are in Birmingham (17th June), Bridgewater (18th June); York (20th June); Peterborough (24th June); London (25th June) and Manchester (27th June). For more information visit http://www.rh-developmentandfloodrisk.co.uk

4. Managing flood risk through the planning system is a key part of the Government's Making Space for Water strategy for flood and coastal erosion risk management in England, announced in March 2005, and the new Future Water strategy published in February 2008.

5. Sir Michael Pitt's interim review of the lessons learned from the summer floods, made 4 key conclusions which impact on spatial planning. These are that:

i. the policy in PPS25 is sound but needs to be rigorously applied by planning authorities.

ii. householders and business owners should no longer be able to lay impermeable surfaces as of right. CLG is making changes to planning laws so that impermeable surfaces cannot be laid as of right.

iii. no new building should be allowed in a flood risk area that is not flood-resilient.

iv. local Surface Water Management Plans should provide the basis for managing surface water flood risk.

6. The 2004 Foresight Future flooding report suggests it would be possible to reduce the increase in expected annual damages from over £20bn in the worst case scenario to around £2bn in the 2080s and limit the number of people at high risk from flooding to present levels or below, by applying the PPS25 approach. ABI research shows that PPS25 policies could reduce potential monetary losses from flooding in the Thames Gateway by over half; and in other growth areas by 96%.

7. 10% of England, by land area, population and housing stock, is in the high risk area (probability of river flooding higher than 1 in 100, sea flooding 1 in 200). A further 2% is in the medium risk area (between 1 in 100/200 and 1 in 1000 annual probability). The rest of England is low risk.

News Releases: http://www.communities.gov.uk/newsroom

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