News

The Flood & Water Management Act 2010 was passed in April 2010 in response to the Pitt Report, the 2009 EU directive and to encourage the use of SuDS.  The Act is yet to be implemented by the Secretary of State, however it is expected that this will be commenced in April 2011. This leaves a short time for Unitary and District Authorities to organize the framework for implementation. The Act is intended to clarify roles and responsibilities. There will be Lead Local Flood Authorities (LLFAs) to manage local flood risk (from surface water, ground water and ordinary watercourses) leaving the Environment Agency (EA) to have a strategic overview role for all flood risk.

Main Points

• Setting up of Lead Local Flood Authorities (LLFA) to coordinate stake holders and manage local flood risk, to set up Local Partnerships, to have a duty to investigate Flooding Incidents and to develop Surface Water Management Plans (SWMP)

• Requirement of a SuDS Approving Body (SAB) to be set up to approve the proposed drainage strategy for developments as part of the planning process. The SAB will operate within the LLFA and be responsibility for approval of SuDS.

• Charging the Environment Agency with strategic responsibility

• A duty on Local Authorities to Adopt and Maintain SuDS

• Highway Authorities will be responsible for maintaining SuDS in roads to National Standards

Other recent and intended changes

• Revisions to PPS 25 from April 2009 and in particular the “Essential Infrastructure” designation of electrical sub stations

• CIRIA – New National standards for Sustainable Drainage – to be published

• The growing use of “Code for Sustainable Homes”

• The automatic right to connect surface water sewers to the public network will cease

• Connection of surface water sewers to surface water or combined sewers will be dependent on the drainage system being approved by the SAB as meeting the new National Standards

• The right to connect newly built foul sewers to the public network remains, but an adoption agreement must be in place with the relevant Water and Sewerage Companies (WaSC)

For more information or to discuss how JNP Group can help you, please CONTACT: 

Peter Hurd BSc (Hons) MICE

peter.hurd@jnpgroup.co.uk +44 (0)1494 771221