ThamesAwash - the community's voice to fight flooding
4 The Hythe, Staines, Middlesex, TW18 3JF
01784 452 805
ThamesAwash@btinternet.com
21 July 2009
Dear Sirs
DRAFT FLOODING & WATER MANAGEMENT BILL
I am writing on behalf of the ThamesAwash Committee to state that, whilst we welcome the introduction of the Flooding and Water Management Bill, we are concerned that it is not clear whether adequate financial provision is being made to provide the Local Authorities with additional resources commensurate with these additional responsibilities.
The intention of the Bill stems from the need to increase flood protection in the light of the increasing climate change.
The risk of flooding is increasing as seen within the last decade, especially within the Thames Valley. The highest rate of UK flood risk is centred around the Windsor reaches of the River Thames, based on quantative density of residence. A requirement for the UK to upgrade flood resilience is an EU requirement and is based on the recommendations contained within the Pitt Report.
The resulting Bill contains many intended actions that will provide considerable improvements in extending flood protection to a larger proportion of the populace and updating areas that experience a permanent risk.
Implementations of actions within the Bill will result in costs. However, this Bill does not provide for any input of new money from Central Government to carry through work. The Environment Agency will not have a budget increase to fund the Bill, neither is there any intention to fund local authorities to implement the Bill.
The only conclusion to be drawn is that the Government is intending the funding of this Bill to be carried through as a further stealth tax on the public that are subject to flooding. Local Authorities would be able to raise funds through the council tax system and Parish Councils could raise monies for flood protection works of a local nature through the Parish Council precept system, which again impacts on the parish residents through the level of council tax they have to pay. The bottom line of this Bill appears to be “If your locality wishes to have constructed Flood Control/Defence structures, they must be paid for by the residents as a direct surcharge.”
It is appalling that the Government intend to impose legal liability on Councils without providing the necessary funding proportional to the responsibilities contained within the Bill. Therefore, in the way that this aspect of the Bill is drafted, it must be rejected by Local Authorities, as it can lead to unfair levels of cost being disproportionally loaded onto “the at risk” residents, ie a “Flood Tax” This aspect requires reconsideration.
The Bill intents that there should be a “Lead Local Flood Authority” taking into account the relationship between County, Unitary, Borough and Parish Council in different parts of the Country. The “Lead Local Authority” would have the responsibility for, and communication with, Councils etc., within their jurisdiction, for the implementation and maintenance of the new requirement to:
· Develop, maintain and apply a strategy or local flood risk management, which will include surface water runoff; groundwater and ordinary watercourses
Note: This does not include main river or common ordinary watercourses that are classed as main river, which are the direct responsibility of the Environment Agency.
· To interface with local planning authorities, including organising other flood specialist organisations that can provide input into producing strategic flood risk assessments ie water companies and sewage undertakers.
· To investigate flooding incidents and determine the cause and ensure the relevant bodies implement effective management of the flooding and the recovery.
· All Councils, County, Unitary, Borough and Parish are required to establish and maintain a register of structures, both public utilities and privately owned, that may contain a flood risk, with details of condition, ownership and any emergency numbers
Ref 145 The Bill intends local delivery of flood risk management and financial support
Ref 161 Currently drainage systems are failing to cope with higher housing densities
Ref 163 with increased pollution to natural water course delivery systems.
Ref 174 Therefore new national level standards are required Sustainable Drainage Systems (SUDS) leading to
Ref 176 developers delivering a financial bond before work commences and connection is made to the public sewer.
Ref 222 Enforcement. Sewer and drainage to be approved and bonded as ref 176 as a mandatory building standard. Private sewers to be transferred to the sewer undertaker by 2011, with the Council being potentially responsible for private rainwater drainage systems.
Ref 255 The UK is required to provide a schedule of national flood risk management plans by 2011-2016. To achieve this, all levels of the communities must input data.
Ref 267 Preliminary flood risk plans must be compiled by Local Authorities prior to 2010
Ref 403 Funding see 436
Ref 441 Local Authorities should work with all relevant flood parties. This recommendation does not preclude community groups.
Ref 436 Indicates that DEFRA considers that Local Authorities will make savings by improved flood management after 2012. There is no supporting evidence for this statement and the extensive increase in responsibilities contained within the Bill show the opposite to be the case. There is no additional appropriate level of support, resources and funding for Local Authorities included in the Bill.
The Changes in the role of the Environment Agency arising from the Flooding and Water Management Bill
The proposed Bill transfers authority and responsibility to Local Authorities and enhances the power and role of the EA. The result is that the EA will be able to withdraw maintenance of water courses etc, in its own right without consulting. The role of the Local Authority then reverts to being advisory and then only if the EA seeks their advice.
It is likely that the related impact of flooding will be pre-empted by the withdrawal of maintenance. The impact of cross strategies and investment plans are not being considered in terms of an holistic view of the best results for investment.
The Insurance Industry has suffered considerable losses but in recent times has not reacted with immediate increases of premiums at this time. However, should the Government fail to increase Flood Protection across the UK in accordance with the delivery of resilience set out in the Pitt Report and the Water Bill; they will have to increase premiums accordingly. This increase would be substantial as the Insurance Industry is not prepared to be cost responsible for avoidable increased future flooding risk.
The cost input required by the Insurance Industry on a partnership basis with the Government is estimated for the foreseeable future to be £2bn.
We will watch with interest the progress of the Bill through Parliament and we ask that ThamesAwash be notified of any further public consultation stages of the Bill.
Please draw this letter to the attention of any colleagues and Committees dealing with these issues. I would be grateful if you would acknowledge receipt of this letter.
Yours sincerely
P R Scott
ThamesAwash Committee