Preliminary flood risk assessment

2.1 Introduction

The new legislation requires LLFA's to undertake a number of new statutory duties and responsibilities to manage flood risk in their areas. The PFRA report is just one responsibility that Stockton Borough Council is required to undertake as their new role as LLFA.

Sir Michael Pitt published his final report in June 2008, 'Learning lessons from 2007 floods', which called for urgent and fundamental changes in the way the country is adapting to the increased risk of flooding. The report states that Local Authorities should play a major role in the management of local flood risk, taking the lead in tackling problems of local flooding and co-ordinating all relevant agencies. Stockton Borough Council as the designated LLFA is therefore responsible for leading local flood risk management across the Borough of Stockton.

Partner organisations hold the local knowledge and technical expertise which is essential for Stockton Borough Council to fulfil their duties as LLFA. Therefore, it is crucial that Stockton Borough Council works alongside these organisations to ensure effective and consistent management of local flood risk.

2.2 Forums

Stockton Borough Council participates in a number of forums along with partners and other Tees Valley Authorities. These forums include:

• TV Flood Risk Group
  • Stockton Borough Council currently chairs the Flood Risk Group for the Tees Valley. The group is attended by a representative from each Tees Valley Authority, Environment Agency, Northumbrian Water, Emergency Planning Unit and Tees Valley Unlimited. The group is set up to discuss flood risk at a strategic level, emerging legislation and partnership working.
• NWL Liaison Meetings
  • Stockton Borough Council attends quarterly NWL liaison meetings where representatives from the following areas attend, flood risk management, development services, spatial planning, building control and environmental health. The purpose of the liaison meetings is to inform us of any major works programmed by NWL and we provide an update of any potential major developments within the borough.
• Local Resilience Forum, (LRF)
  • The Local Resilience forum (LRF) is responsible for emergency planning and civil contingencies across; Hartlepool, Stockton, Redcar and Cleveland and Middlesbrough. The LRF undertakes risk assessments and production of the community risk register of hazards that may lead to a flood risk.
• Northumbria Regional Flood and Coastal Committee, (NRFCC)
  • Lead Cabinet Member attends the NRFCC on behalf of Stockton Borough Council. There are regular internal meetings where the cabinet member reports any actions/updates to the Built and Natural Environment Manager.
• Informal Meetings
  • Stockton Borough Council also attends and holds frequent informal meetings with the Environment Agency and Northumbrian Water. To discuss emerging legislation and new duties required by Stockton Borough Council.

2.3 Additional Responsibilities

The Flood and Water Management Act (FWMA) 2010 requires Lead Local Flood Authorities to undertake a number of new statutory duties and other related functions to manage flood risk in their areas. A large proportion of the new statutory duties commenced in April 2011 however some areas of the legislation are still emerging and are to be enacted.

The key responsibilities emerging from the FWMA 2010 includes:

• Investigation
  • LLFA's will be required by law to investigate and record details of significant flooding incidents within their area. This investigation is to be "to an extent that it considers necessary or appropriate", the results of the investigation must be published.
• Asset Register
  • The LLFA "must establish and maintain a register of structures or features which, in the opinion of the Authority, are likely to have an effect on a flood risk within its area". Each of these 'flood risk features' must have information regarding ownership and state of repair.
• Power to Request Information
  • Under the FWMA 2010 LLFA's and the EA may request a person to provide information in connection with flood risk management
• Designation of Features
  • The FWMA 2010, Section 30 Schedule 1 provides the power for 'designating authorities' to formally designate features or assets which form flood and coastal risk management systems but which are not maintained or operated by those responsible for managing the risk. The Authority has the power to provide consent to the alteration, removal or replacement of a feature. There is also an enforcement element to this process, where action can be taken against anyone contravening the Act; for example altering a feature without consent.
• Sustainable Urban Drainage
  • The FWMA 2010 removes the automatic right for a developer to connect to the existing drainage systems for the disposal of surface water, therefore in order to dispose of surface water, sustainable urban drainage would need to be considered. When schedule 3 of the legislation commences a sustainable urban drainage approval body will be required to consider drainage applications.
• Local Strategy for Flood Risk Management
  • LLFAs are required to develop, maintain, apply and monitor a local strategy for flood risk management in its study area.