STARFLOODS: Flood Management in Scotland – preventive approaches Dr Sarah Hendry

Scotland – Flood Management – separate legal system and water laws Floods Directive Flood Risk Management (Scotland) Act 2009 FRM Strategies Local FRM Plans Scottish EPA – competent authority; Also for WFD / RBMPs; (authorise water uses); Reservoirs; National strategy; Flood warnings – but NOT flood works Local authorities – Mapping watercourses; Local plans; Flood prevention / protection schemes; Planning & housing authorities Scottish Government – policy direction; funding National Parks Authorities, Forestry Commission Scottish Water (public service provider) – sewer flooding Responsibilities of property owners

Local Plan Districts – based on catchments not municipalities

2009 Act – novel features ‘Natural Flood Management’ duties on SEPA: link to RBMPs, WFD objectives – map ‘artificial structures and natural features’ that contribute to flood management(s.19); – identify ‘natural characteristics and features’ (s.20) for NFM (retention), eg woodlands, wetlands Flood Protection works – streamlined system Land managers carrying out work in-stream need water use authorisation; Act can override drainage consents (Land managers can also be funded under CAP to move to grassland as upstream measure)

Local Authorities’ Roles Planning authority – Planning Advice against building in flood plains; EPA must be consulted – Planning, compensation similar to England Flood protection schemes – ‘hard’ and ‘soft’ schemes (dikes and retention areas) – Funded via block grant from central govt – – £235m between , 42 schemes – Scheme approval (by Ministers) includes planning consent (but not water use licence) – Objectors with ‘interest’ –> Ministerial call-in – Compulsory purchase powers / statutory compensation if interests in land affected

Conclusions Property rights, basic planning system and compensation approach v similar to England – legitimacy, (some) equity; insurance Implementation of water laws, institutional arrangements quite different! Focus on resilience – householder responsibilities Novel features in Floods Act – – much improved system for consenting flood works; – Natural Flood Management; – Duties on Scottish EPA, local authorities and public water service provider

‘Beavers to blame ….for floods’ says Minister…. © Daily Telegraph