Issue - meetings

To receive and update on the response of Cheshire East Council to the requirements of the Flood and Water Management Act 2010; the European Union Flood Directive 2009 together with associated regulations and recommendations contained in the Pitt Review.

The Committee considered a report of the Lead Emergency Planning Officer, providing an update on the response of Cheshire East Council to the requirements of the Flood and Water Management Act 2010, the European Flood Directive 2009 and associated regulations and recommendations contained in the Pitt review.

Sir Michael’ Pitt’s review of the flooding in 2007, stated that “the role of local authorities should be enhanced so that they take on the responsibility for leading the co-ordination of flood risk management in their areas”

The Flood and Water management Act 2010 which would come into operation in April 2011, provided for this through the new role of lead local flood authority which was defined as the unitary council for the area. The European regulations were already in force.

The Pitt review recommended that the  lead local flood authority should  bring together all relevant bodies to help manage local flood risk. The important roles played by district councils, internal drainage boards, highway authorities and water companies were also recognised in the Act and these bodies, together with the Environment Agency, were identified as risk management authorities. The Act enabled effective partnerships to be formed between the lead local flood authority and the other relevant authorities who retained their existing powers (with some enhancement). The act also required relevant authorities to co-operate with each other in exercising functions under the Act and they could delegate to each other. It also empowered a lead local flood authority or the Environment Agency to require information from others needed for their flood and coastal erosion risk management functions.

The lead local flood authority was required to investigate flooding incidents in its area results of any investigation, and notify relevant authorities. It was also required to maintain a register of structures or features which it considered to have a significant effect on flood risk in their area, at a minimum, recording ownership and state of repair. The register must be available for inspection and the Secretary of State would be able to make regulations about the content of the register and records.

The Act also established a SuDS Approving Body (the “SAB”) at county or unitary local authority levels. The SAB would have responsibility for the approval of proposed drainage systems in new developments and redevelopments, subject to exemptions and thresholds. Approval must be given before the developer could commence construction. In order to be approved, the proposed drainage system would have to meet new national standards for sustainable drainage.

Members of the Committee raised specific matters relating to the need to have in place sustainable drainage systems when constructing new developments and to the need to acknowledge the key mitigating aspects of regular gulley emptying on highway flooding.

RESOLVED –

(a)               That the report be received and the current position of Cheshire East in relation to the requirements/expectations outlined in the report be noted;

(b)               That the Lead Emergency Planning Officer be requested to report back to Members of  this Committee with the  ...  view the full minutes text for item 41