Conclusions and recommendations
1. It
is right that the Environment Agency continue to devote the majority
of its resources into river and coastal flood risk management,
and the building and maintaining of river and coastal flood defences.
However, management of surface water flood risk can not remain
in its current unclear and chaotic state. A key first step for
Government must be to determine organisational responsibility
for surface water flooding. We reject the idea of a dedicated
Flood Agency. (Paragraph 26)
2. We agree that the
Agency is the best-placed organisation to take a strategic role
at the national level in relation to surface water (and other
inland) flooding. (Paragraph 27)
3. The Agency's overview
role needs careful specification. The Government must not add
further responsibilities and functions to the Agency at a rate
greater than it can absorb through recruitment, training and other
preparatory measures. Increased responsibilities must be adequately
funded. The Government must also not place unrealistic expectations
on the Agency in relation to the modelling and mapping of surface
water flood risk, as this will raise public expectations unrealistically.
(Paragraph 28)
4. In determining
an overview role, the future relationship between the Agency and
local authorities must be carefully articulated and defined in
order to produce lines of accountability. This relationship is
key to the future management of surface water flood risk. We believe
the main purpose of the Agency's overview role should be to provide
guidance and advice to local authorities on managing surface water
flood risk, to provide quality-assurance of local authorities'
plans to manage surface water flood risk, and to ensure consistency
in practice between local authorities. (Paragraph 29)
5. The model for Surface
Water Management Plans (SWMP) currently advocated by Government
lacks clarity about how co-ordination will be achieved between
organisations responsible for surface water drainage in a particular
area. In particular, the model does not explain how organisations
can be persuaded to fulfil their responsibilities under such plans.
In its response to our Report, the Government should set out clearly
how the benefits of co-operation will be turned into action. It
should also explain how it intends the enhanced SWMPs to fit alongside
the existing system of Catchment Flood Management Plans and River
Basin Management Plans. (Paragraph 31)
6. Local authorities
should have a statutory duty for surface water drainage. It should
be the duty of a local authority to ensure its area is, and continues
to be, effectively drained of precipitation to an agreed national
standard of service. (Paragraph 32)
7. Where the local
wastewater utility and/or Internal Drainage Board has ownership
of, or responsibility for, parts of the drainage system, local
authorities should have the power to sub-contract part of their
responsibility for ensuring effective drainage to those organisations,
and to require their co-operation in managing surface water drainage
on an area basis. (Paragraph 33)
8. The Government
should accept the Pitt Review's interim conclusion that local
authorities be required to compile a register of all the main
flood risk management and drainage assets (overland and underground),
including an assessment of their condition and details of the
responsible owners. The register should also determine physically
where one organisation's responsibility ends and another one's
begins. It should be available to the public as a web-based resource.
Local authorities could also provide information to members of
the public through a one-stop shop telephone number. Local authorities
should receive co-operation from other organisations in compiling
this register. Upper-tier local authorities should take the lead
and, where they exist and where they wish to, parish and town
councils should be involved. (Paragraph 34)
9. Following its consultation,
the Government must provide a clear steer about which local authority,
in two-tier authorities, should take the lead in co-ordinating
the management of surface water flooding and drainage at the local
level. (Paragraph 35)
10. We recommend that
the Department for Innovation, Universities and Skills and the
Environment Agency develop, and publish, a strategy to address
the national shortage in flood risk engineers. If the national
shortage in this profession is not addressed, much of the Pitt
Review may be impossible to implement. (Paragraph 37)
11. We believe local
authorities should be responsible for the ultimate ownership and
maintenance of sustainable drainage systems (SUDs), as happens
elsewhere in Europe. The Government needs to resolve ownership
and maintenance issues as a matter of urgency to enable the current
house-building and eco-towns programmes to incorporate maximum
use of SUDs. (Paragraph 42)
12. A presumption
in favour of SUDs should be included in the Planning Bill, to
add weight to Planning Policy Statement 25 (PPS25). (Paragraph
43)
13. We welcome the
Government's decision to consider, as part of its Water Strategy,
changing surface water charging to reflect the "polluter
pays" principle. Ofwat should insist that water and wastewater
companies state the proportions of customers' bills that are made
up of foul water drainage, surface water drainage and highways
drainage. Property owners who have, or retro-fit, SUDs should
receive a rebate on the surface water component of their water
company bill. (Paragraph 47)
14. We welcome the
Government's Water Strategy policies to change householders' rights
to allow them to pave over their front garden, without planning
permission, only if the surface is porous and to review the automatic
right to connect surface water drains and sewers to the public
sewerage systems. We recommend that any new discharge of surface
water by drain or sewer to a watercourse should require the consent
of the Environment Agency. (Paragraph 51)
15. Ministers have
repeatedly used the £800 million allocation in 2010-11 in
an attempt to convey the impression that this large amount of
money will enable Government, and others, to respond effectively
to the challenges posed by the summer's floods. When broken down,
however, the Comprehensive Spending Review 2007 (CSR07) settlement
is far less impressive, and looks inadequate to cope with both
the traditional and new risks the country faces. In light of the
upcoming final Pitt report, and the resources that both local
authorities and the Agency will inevitably require to address
surface water flood risk, we recommend that the Government reappraise
the adequacy of its CSR 07 settlement to combat all types of flood
risk. (Paragraph 57)
16. Sir Michael Pitt
should publish the full costs of his final recommendations as
soon as possible. The Department should make clear in its response
how it intends to fund the Pitt Review if the cost of its final
recommendations exceeds £34.5 million. It should also say
what options it is exploring as to how local authorities will
be funded to carry out their responsibilities as a result of the
Pitt Review. (Paragraph 58)
17. We welcome the
Government and the Agency's work to develop a long-term investment
strategy for flood risk management. This strategy should provide
some answers about the level of flood risk protection that the
public should expect, the research and organisation involved (particularly
for surface water flooding), the number of flood prevention and
alleviation schemes required nationally, and how much this would
cost. The strategy should also take account of the effect of climate
change on the frequency and intensity of rainfall and storm surges.
The strategy should be subject to a public consultation process,
and published. (Paragraph 62)
18. We support the
Pitt Review's interim conclusions related to development in the
flood plain, to ensure new buildings in the flood plain are properly
flood resilient and resistant.. We welcome the Government's announcement
to provide a Practice Guide Companion to ensure local authorities
properly implement PPS25, particularly in respect of the impact
of development on those downstream. We recommend that Government
departments, working with the Local Government Association, carry
out a survey to establish the present ability of local authorities
to implement PPS25 and, should a skills deficit be identified,
put forward policies to address this issue. (Paragraph 66)
19. The Department
and the Agency should explore the possibility of ring-fencing
a minimum proportion of the Agency's capital expenditure over
a three-year CSR period for new capital schemes in rural areas.
(Paragraph 71)
20. We recommend that
the Government consider the possibility of ring-fencing Grant-in-aid
directly to Regional Flood Defence Committees. (Paragraph 72)
21. The Agency should
develop a clear strategy for expenditure on new capital works
versus maintenance of existing systems. It should ensure that
any proposed new scheme should have an estimated maintenance schedule
in the same way that it is accompanied by a construction bill
of quantities. The Agency should also ensure its maintenance budget
for the CSR 07 period includes the additional maintenance work
necessary on the new capital schemes it will build during the
period. (Paragraph 75)
22. Given the enormous
level of interest, we believe it is appropriate that local people
have to be involved, and consulted, in the formulation of decisions
about watercourse and river maintenance. The Agency, and local
authorities, must open up dialogue with members of the public,
through appropriate local fora, to ensure that they are part of
this process. (Paragraph 80)
23. Once decisions
have been made, the Agency should make clear, via its website
or other means, the maintenance programme for all its watercourseseven
if this, in some cases, is minimalincluding the risk assessment
which the Agency has made in deciding its approach to maintenance
of a particular watercourse. The future schedule of maintenance
should be announced whenever possible. (Paragraph 81)
24. The Government
should ask the Environment Agency and Natural England to agree
on how to resolve any conflict between effective drainage for
flood defence purposes and the preservation of watercourses as
important wildlife habitats, and publish the results. (Paragraph
82)
25. The Government
should re-examine the money available for the maintenance of watercourses
and produce a clear analysis, by the end of 2008, of the balance
between maintenance and capital spend, bearing in mind the National
Audit Office's conclusions, the scepticism of the public that
not enough maintenance is being done, and the views of the Environment
Agency. (Paragraph 83)
26. Either the existing
system of riparian duties needs to be made to work more effectively
or it needs to be replaced. The Government should explore the
practicality, costs and benefits of pursuing both courses of action.
Work should begin as soon as possible to examine whether riparian
ownership is fit for purpose. (Paragraph 86)
27. We previously
endorsed the Pitt Review's interim conclusion that local authorities
be required to compile a register of all the main flood risk management
and drainage assets, including details of the responsible owners.
This register should include the owners of all watercourses, and
be publicly available. (Paragraph 87)
28. Defra should work
with its partners and bodies to decide, by the end of 2008, how
natural process flood risk schemes with multiple benefits can
be best funded and developed. We strongly support the creative
use of the Single Farm Payment to reward land owners if their
land is used for the purpose of natural flooding to protect people
and buildings elsewhere. (Paragraph 90)
29. The Government
should re-examine the current statutory duties on utilities in
relation to emergency planning. A specific duty should be placed
on utilities to ensure their critical assets are protected from
the effects of flooding and that they have adequate business continuity
plans in the event of a flood. This should include ensuring supply
system resilience so that the failure of a key asset can be substituted
by other means with a minimum interruption of service. The Agency
should advise on plausible scenarios, taking into account climate
change impacts. (Paragraph 95)
30. We believe a proper
sharing of financial responsibility is necessary between utilities'
shareholders and customers in improving the resilience of utilities'
infrastructure. Ofwat must ensure that the 2009 price review takes
full account of the need for water companies to improve the resilience
of critical assets, and of the costs this implies. But in doing
so, it should also resist attempts by water companies to raise
water bills, in order to pay to bring the infrastructure to the
level of resilience it should have had in the first place. Consumers
should not pay for companies' past inadequacies. (Paragraph 96)
31. We agree with
the Agency that reservoir and dam safety management should shift
from being based on size to a risk-based approach. We endorse
the Government's plans to introduce a requirement for emergency
plans for reservoir and dams. We recommend an immediate review
of the existing legislation in this area. (Paragraph 99)
32. We recommend that
Network Rail work with the Environment Agency, local authorities
and others to design solutions that will minimise flood risk to
themselves and other land owners close by. (Paragraph 101)
33. Local authorities
and other relevant local organisations need to rehearse emergency
response exercises on a more regular basis. This would help to
improve preparedness and also ensure people in various organisations
know each other. The scale of the rehearsed emergency events should
take account of the extreme weather events predicted as a result
of climate change. The Government and the Environment Agency should
be centrally involved in the formulation of such exercises to
ensure that they are demanding enough. (Paragraph 104)
34. The Government
must ensure that the voluntary sector is included as part of civil
contingency planning to maximise the effective use of the sector.
(Paragraph 105)
35. Emergency response
in two-tier local authorities can add complications to an already
difficult situation. We support the Pitt Review's interim conclusion
that "upper-tier" local authorities should be the lead
organisation in relation to multi-agency planning for severe weather
emergencies at the local level, and for triggering multi-agency
arrangements in response to severe weather warnings. (Paragraph
107)
36. The Government
should revise upwards both the planning contingency whereby the
water industry is required to prepare for 200,000 people without
water for 7 days, and the minimum per capita amount of water to
be provided in an emergency. It should then ensure that water
companies are able to demonstrate that they have the ability to
meet these minimum standards, through the provision of sufficient
materials such as bowsers and/or bottled water. (Paragraph 111)
37. The Environment
Agency should undertake to provide copies of its three flood guides
to local authorities, to be circulated for free to those houses
in areas of highest risk. (Paragraph 113)
38. The Government
should include an assessment of flood risk within the information
to be included in Home Information Packs. The Environment Agency's
guides should also be included in the packs for those properties
deemed at risk. (Paragraph 114)
39. There should ideally
be an opt-out for receiving flood warnings from the Environment
Agency in areas of high risk, rather than the current opt-in system.
The Agency should publish, by the end of 2008, any results from
its pilot scheme to register automatically eligible households
and premises for flood warnings unless they opt out. It should
also set out any concerns that have arisen from the pilot. (Paragraph
115)
40. We understand
that insurance companies will want to produce their own detailed
flood risk maps for commercial reasons. The current situation,
however, is a recipe for conflict. The Government should set out
its policy on how it intends to resolve this potential confusion.
We recognise the production of flood maps is a dynamic process
and is dependent on the best data available, but it is in everyone's
interest to have the best available validated map. The Environment
Agency should take the lead in pulling partners together to achieve
this. The Agency should set up a standing committee that annually
reviews all the available data on flood mapping, so insurance
companies and the Met Office can share experience, and this committee
should publish an annual report about the dynamics of the process.
(Paragraph 117)
41. Following the
publication of the Pitt Review's final report, the Department
must publish a costed and prioritised action plan to set out the
timetable for implementing Sir Michael Pitt's findings. We recommend
that the Government request that Sir Michael Pitt be given a role
within the Environment Agency to ensure the implementation of
his findings. (Paragraph 121)
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