Information for Applicants

 
 

Development and Flood Risk

In December 2006, The Department for Communities and Local Government issued Planning Policy Statement 25 “Development and Flood Risk” (PPS 25)

This imposes on Westminster City Council and other Local Planning Authorities (LPAs) a number of requirements relating to development, flooding and flood risk.

With regard to planning policy, the City Council must consult the Environment Agency as well as adjacent local planning authorities when preparing policies in their Local Development Documents on flood risk management and in relation to areas potentially identified as at risk of flooding.

The Environment Agency currently produce a nation-wide Flood Map. 

A substantial part of South Westminster, in particular Pimlico, Victoria, Whitehall and Victoria Embankment lies in Flood Risk Zone 3, which comprises land assessed as having a 1 in 100 or greater annual probability of river flooding or a 1 in 200 or greater annual probability of flooding from the sea in any year. However, It must be noted that the Environment Agency Flood Map does not take into account existing Flood Defence measures. The whole of this area has extensive Flood Defence measures in place which afford considerable protection, including the Thames Barrier and the Embankment Wall. This is recognized on the existing Flood Map by the area having hatched shading to identify this.

Under PPS 25, The Government require a Strategic Flood Risk Assessment to be carried out for each area, either by the local planning authority or another relevant decision-making body. This should be used to refine information on flood risk areas, taking into account other sources of flooding and the impacts of climate change, and to refine the information on the Flood Map. It will form the basis for preparing appropriate flood risk management policies, and should be used to inform the Sustainability Appraisal (incorporating the Strategic Environmental Assessment Directive) of our Local Development Documents (LDD)

A second responsibility for the City Council from 1 October 2006 is that we must consult the Environment Agency on all applications for development in flood risk areas (except minor development), including those in areas with critical drainage problems and for any development on land exceeding 1 hectare outside flood risk areas. Where the Environment Agency (or other organisations) object to an application on flood risk grounds, but the LPA considers that it should be approved, the LPA should contact the Environment Agency (or the other consultees if appropriate) to allow discussion of the case and the opportunity for further representations or comments to be made. LPAs, advised by the Environment Agency and other relevant organisations, should determine applications for planning permission taking account of all material considerations, including the issue of flood risk, the Flood Risk Assessment prepared by the developer (see below) when required and proposals for reducing or managing that risk.

If the Environment Agency objects to an application for major development on flood risk grounds, all parties (the LPA, the Environment Agency and the applicant), should discuss and agree the course of action which would need to be taken to enable the Environment Agency to withdraw its objection. There should be effective on-going liaison so that each party is aware at all stages in the process of the position of the others with regard to the application.

If, after discussions, it becomes clear that the Environment Agency is unable to withdraw its objection, but the LPA remains minded to approve an application for major development, the LPA are required to notify the Secretary of State of the proposal. This provides the Secretary of State with an opportunity to check the application’s general compliance with the policies in this PPS and to consider whether it would be appropriate to call it in for determination. The Secretary of State would wish to be assured in considering such cases that all reasonable steps have been taken by the LPA, the Environment Agency and the applicant through discussions to consider ways in which the application might have been amended, or additional information provided, which would have allowed the Environment Agency’s objection to be withdrawn.

LPAs should notify the Environment Agency of the outcome of all planning applications for development in flood risk areas, including those for major development.

Finally, PPS 25 and new legislation impose obligations on owners and developers, who have the primary responsibility for safeguarding their land and other property against natural hazards such as flooding. Individual property owners and users are also responsible for managing the drainage of their land in such a way as to prevent, as far as is reasonably practicable, adverse impacts on neighbouring land. Those proposing development are responsible for:

  • Demonstrating that it is consistent with the policies in this PPS and those on flood risk in the LDD
  • Providing a Flood Risk Assessment demonstrating: whether any proposed development is likely to be affected by current or future flooding from any source, satisfying the LPA that the development is safe and where possible reduces flood risk overall, whether it will increase flood risk elsewhere and the measures proposed to deal with these effects and risks (Any necessary flood risk management measures should be sufficiently funded to ensure that the site can be developed and occupied safely throughout its proposed lifetime).
  • Designs which reduce flood risk to the development and elsewhere, by incorporating sustainable drainage systems and where necessary, flood resilience measures
  • Identifying opportunities to reduce flood risk, enhance biodiversity and amenity, protect the historic environment and seek collective solutions to managing flood risk.

These matters can affect the value of land, the cost of developing it and the cost of its future management and use. They should be considered as early as possible in preparing development proposals.