MPs criticise draft floods and water Bill over planning implications

Parliament has criticised the Government's proposed new regime for flood risk management, which MPs warned sits uncomfortably with existing spatial planning responsibilities.

That criticism has come from the Commons Environment, Food and Rural Affairs Committee which has just published its assessment of the draft Flood and Water Management Bill drawn up by the Department for Environment, Food and Rural Affairs (Defra)

The proposed legislation would give new powers and responsibilities over flooding and risk management to the Environment Agency as well as local authorities.

The all-party committee of MPs has voiced concern that the proposals - which include the requirement for a national flood management risk strategy drawn up by the Environment Agency - would cede power to the agency "at the expense of local democratic engagement".

The MPs said it was unclear how the national document would dovetail with local authority flood and coastal erosion assessments.

They said: "Defra must explain how the national plan will relate to local spatial planning. Local authorities are already responsible for the spatial planning process, and this Bill also gives them a remit for flood and coastal erosion risk management planning. Authorities will have to fit the two together and synchronise the cycles for revising and updating their plans."

The MPs report also highlighted concern over the new emphasis on sustainable urban drainage systems (known as Suds) which are likely to become a requirement for all new development.

The report said there was a series of unanswered questions over the capacity of Suds, which authorities would approve them, the funding arrangements for the adoption and maintenance of Suds and the potential for retro-fitting such systems.

The MPs also urged the Government to do more to consider how flood and water management and the planning system "might together more effectively prevent the reduction of permeable surfaces in flood risk areas".

Committee chairman Michael Jack MP said: "The draft Bill's reliance on a top-down approach will hamper the development of locally tailored solutions. We urge the Government to allow a more collaborative and consultative approach."

A Defra spokesperson said: "We still retain the ambition for unified legislation on floods and water, but we don't want to delay changes that will improve protection to people's lives and property - which is why we have been pressing ahead with this legislation. The terrible damage to homes and lives caused by flooding in 2007 has not been and must not be forgotten. 

"We welcome the Committee's report, and many of their recommendations will help us to make better legislation - in particular their points on ensuring local authorities play a significant part in managing local flood risk."

Read the Commons Environment, Food and Rural Affairs Committee report.

Roger Milne

24 September 2009