Contact the Dispute Resolution Team
Exeter 01392 210700 Email
St Austell 01726 74433 Email
Truro 01872 265100 Email
The Government has introduced a Flood and Water Management Bill (the "Bill") to deal with the problems arising from climate change and population growth. Hotter summers, a reduction of rainfall in the summer and the growth of the population are likely to create more demand for fresh supplies of water. There are also concerns of increased likelihood of flooding. The Department for the Environment, Food and Rural Affairs ("DEFRA") states that "the Bill will provide better, more sustainable management of flood and coastal erosion risks for people, homes and business, to help safeguard community groups from unaffordable rises in surface water drainage charges, and protect water supplies to the consumer".
The Bill states that there will be a "lead local flood authority" which will be the unitary authority or the County Council. It is the lead local flood authority that is to be responsible for the coordination of flood risk management. However, various other bodies will also be involved such as District Councils, the Highways Authorities and water companies.
DEFRA state that the recent floods which the country has suffered in the last few years exposed gaps in the responsibility of different bodies to manage the risk of flooding. The Bill therefore sets out who is to be responsible, and encourages the County Council and unitary authorities to work with other bodies to manage local flood risks. The authority has a duty to investigate flooding incidents in its area, identify which authorities are to deal with the flood and publish the results of any investigation. They are also to maintain a register of structures or features which they consider may have a significant effect on flood risk and record the ownership of and the state of repair of those structures.
The Bill also looks at managing drainage. It ends the automatic right to connect to a sewer for surface water drainage, and provides for Sustainable Drainage Systems known as ("SUDS") in order to reduce pressure on sewers and help reduce the risk of flooding. The bill requires SUDS to be provided for in all new developments where practicable and states that approval for the drainage system on a new development or redevelopment is to be approved by the unitary authority or County Council prior to construction starting. Under the Bill, home buyers will be informed about the SUDS on their property as part of the investigation process. The SUDS will be a charge on the local land charges register, and will therefore be reported in the Home Information Pack.
The Bill also deals with water usage. According to DEFRA, the powers which water companies have to restrict usage of water in times of drought have not been updated since 1945. They no longer reflect our consumption of water or how we use it, for example, various non-essential uses such as pressure washing devices used for cleaning patios are not included. The Bill will enable the various water companies to control those non-essential uses more easily and implement restrictions at an earlier stage during the drought.
The Bill tries to ensure that various societies such as sports clubs, community groups and faith groups will be protected from unaffordable rises in bills for surface water drainage.
It is therefore hoped that the Bill will reduce the risk of flooding which the country has been subject to over the last few years and ensure that water is conserved and used appropriately in times of drought.
