Local authority workshop Flood Risk Management (Scotland) Bill

Purpose of event To give local authorities an opportunity to discuss the Bill in detail with the Scottish Government To provide a forum for raising issues and concerns

PART 1 General Duty, Direction and Guidance

Overview New duty to reduce flood risk New duty to raise awareness of flooding Duty to promote SFRM Duty to collaborate Flood risk functions defined: –functions under Bill and functions under other enactments General direction and regulation making power

Questions/topics What are the implications of the general duty? Is the duty to cooperate strong enough? How will defining flood risk related functions provide a basis for clarifying responsibilities?

PART 8 General

Overview Crown application Ancillary provisions- transitional arrangement Orders and regulations- power for Ministers Interpretation

PART 2 Principal expressions

Overview Definition of ‘flood’ Definition excludes flooding solely from failure of drainage infrastructure (e.g. collapse). Definition of flood risk Responsible authorities defined: –Local authorities –Scottish Water –Other designated by Ministers

Questions/topics Are the definitions clear and understandable? Will new definition of flood risk impact on other areas/responsibilities? Is the opt out for floods solely from a sewerage system justifiable and practicable? Views on responsible authorities- who else should be identified in the future.

PART 3 Flood risk assessment, maps and plans

Transpose the Floods Directive Flood Risk Mapping Flood risk Management plan Flood risk assessments The Directive requires action by member states in three main areas-

Bill provisions Transposes the Directive and creates a planning process that is tailored to Scotland's needs; Local authorities responsible for local plans; SEPA responsible for district (national) plans; Fully integrated planning process. Tension National priorities Local knowledge/accountability

SEPA’s role- key messages The intention is not for SEPA to direct or dictate flood management decisions, SEPA’s role principally be to: –support coordination of flood risk management efforts; –facilitate good decision making through coordination and acquisition of information; –provide the necessary level of strategic national planning, guidance and prioritisation.

Local authority role- key messages The intention is for local authorities to lead and be accountable for local flood risk assessments, plans and decisions. local authorities will be expected to collaborate to identify flood risk management actions across catchments. This information will form the basis of the objectives and measures set out in the district plans prepared by SEPA

District Plan Geographically the same as WFD River Basin Districts SEPA can establish sub-district units as necessary Local Plans SEPA to determine geographic basis of local plans based on: –Significant flood risks –Hydrological characteristics –Other administrative arrangements

Flood management planning District plan (National Strategy)  Produce PFRA and flood maps.  Identify areas at significant flood risk.  Set objectives and measures  Prioritise measures across cycles District plan (National Strategy)  Produce PFRA and flood maps.  Identify areas at significant flood risk.  Set objectives and measures  Prioritise measures across cycles Local plan (Delivery)  Summarise ‘relevant parts of District plan’  Additional details, e.g. on measures Local plan (Delivery)  Summarise ‘relevant parts of District plan’  Additional details, e.g. on measures Implementation strategy, inc. - responsibilities for delivering measures - financial commitments Implementation strategy, inc. - responsibilities for delivering measures - financial commitments Part 1 Part 2 District Advisory Group (s) Local Advisory Groups

Creating an integrated process Steps to ensure integration include: –Running the plans in parallel, with coordinated consultation exercises; and –Requiring local plans to be consistent with objectives/measures set out in district plan –Creating network of advisory groups with role in district and local plans

Implementation/approval of plans Duty to ‘act to reduce flood risks’. Ministerial approval of District plan and assessment of vulnerable areas Agreed implementation strategies for local plans, includes: –Who is responsible for measure –Timetable of works –Agreed funding sources Ministers could intervene to direct for a measures or set of measure to be implemented

Stage 2 amendments Updating ‘assessment of watercourses’ provisions. –add requirement to prepare schedules of maintenance works; –add requirement to map watercourses and SUDS; Place specific duty on Scottish Water to provide information on sewerage flooding; New duty on SEPA to maintain record of current and future flood risk management measures. LA’s to advise SEPA on structures providing a significant flood risk management benefit.

Questions Is the planning process sufficiently integrated? How do we avoid planning becoming top heavy? Will the planning process support production of realistic and deliverable plans? Will the provisions ensure measures are implemented of measures? What will happen to FLAGs?

Part 5 SEPA other flood risk management functions

Overview Largely replaces provisions in the Environment Act 1995 and Agriculture Act 1970 SEPA to provide LA’s with advice on ‘flood risk’ SEPA under a duty to provide flood warning SEPA given power to determine where improvements to flood warning can be made General power for SEPA to assess and map flood risk (e.g. produce interactive maps)

PART 4 Flood risk management: local authority functions

1961 Act-Not fit for purpose undermining a sustainable approach –focus on engineering solutions –restrictions on the types of flood management measures –Mandatory statutory approval process –Discretionary

Policy Objectives Must assess the condition of watercourses in their areas; powers to take forward a full suite of flood risk management measures; clear links to local flood risk management plans. streamlined statutory process that delivers deemed planning permission;

General Powers Can Do Approach no restriction on what types of measures a local authority can take to manage flood risk, or where they can take place measures linked to delivery of LFRMP Measures not hindering delivery of the LFRMP But can act in an emergency

General Powers No restrictions on how local authorities should take forward particular measures No requirement to take new works through a flood protection scheme flexible range of powers which they can exercise to deliver flood risk management measures in an efficient and timely manner

Flood Protection Schemes local authorities to decide whether to use new approval process or proceed by agreement new local authority led approval process –enable local authorities to use coercive powers, and will also result in deemed planning permission –Ministers may intervene to resolve disputes

Streamlined Statutory Process

Publish notice in newspapers Serve notice on affected parties Serve notice on other responsible authorities Keep a copy of the scheme documents available for public inspection. Reduce administrative burden

Contentious schemes Two routes Ministerial may call in unresolved objections from those directly affected or other responsible authorities LA decide in other cases Any modifications require consultation before final decision.

Next Steps Scottish Government intends; –to make regulations to specify further information to be included in a flood protection scheme –to issue guidance And has powers to amend procedures set out in the Act by Order

PART 6 Powers of Entry

Entry & Compensation Local authority has rights of entry to carry out scheme or maintain other works Except in urgent cases, notice of intended entry must be given to the occupant of the land – 7 days notice for entry into a house or its garden, or taking heavy equipment –Otherwise 24 hours notice If refused; can obtain warrant from JP or Sherriff LA must pay compensation for damage caused by its actions to the value of a person’s property or his enjoyment of it.

Questions- Part 4 and 6 Exactly how will the new process reduce the time it takes to execute a scheme. What steps are being taken to improve coordination with CAR. Why is there no duty to cleanse/maintain watercourses.

Part 7 Reservoirs

Overview Provides for the transfer of responsibility of reservoir enforcement (under the 1975 Act) from local authorities to SEPA. Includes provision for regulations on incident reporting. Includes provision on transitional arrangements. LA’s and SEPA will need to work closely to coordinate the transfer of responsibility and records.

Stage 2 amendment Place a requirement on operators of some reservoirs to produce on-’site reservoir plans’ Intention would be for a hierarchy of plans based on the risk presented by the reservoir. e.g. –Level 1- communication strategy –Level 2- as level 1 plus on site plan –Level 3- as level 2 plus inundation map This would bring Scotland in line with the approach in England and Wales