Agenda Item No.
HERTFORDSHIRE COUNTY COUNCIL
ENVIRONMENT AND PLANNING CABINET PANEL
THURSDAY 12 MAY 2011 AT 2.00 PM
5
PRODUCTION OF HERTFORDSHIRE’S LOCAL FLOOD RISK MANAGEMENT
STRAGEGY
Report of the Director Environment and Commercial Services
Author: Andy Hardstaff
Tel: 01992 556470
Executive Member: Derrick Ashley
1. Purpose of report
To seek the views of the Panel members on the approach, scope and timetable
for the production of a Local Flood Risk Strategy, as required by the Flood and
Water Management Act 2010.
2. Summary
2.1. Hertfordshire County Council is required by law to produce a strategy for the
management of local flood risk. It will be a key document setting out the
parameters that will be used to prioritise local flood risk management activity
and to identify the resources that will be available for the work.
2.2. There are key aspects that must be covered by the strategy which are laid
out in the relevant legislation. The broad principles that the strategy should
adopt will be drawn from a national flood risk management strategy currently
being produced by the Environment Agency.
2.3. The report outlines the areas that it is proposed the strategy will cover and
how these will be interpreted locally, as well as giving an indicative timetable
for production.
3. Recommendation
That the Panel members note the report and, subject to any comments from
them, endorse the outline approach and timetable (a more detailed issues
and options report will be brought to a future meeting).
4. Background
4.1. As Lead Local Flood Authority for Hertfordshire the County Council needs to
“develop, maintain, apply and monitor” a Local Flood Risk Management
Strategy. This is a legal requirement under the Flood and Water
Management Act 2010 but nonetheless would be necessary to guide activity
in the new role of local flood risk management. Overall responsibility for the
81906293
1
strategy rests with the County Council as Lead Local Flood Authority and
cannot be delegated to another body (although elements of the work required
to develop, maintain, apply and monitor it can be commissioned from other
organisations).
4.2. It has to be consistent with a national strategy, developed by the Environment
Agency, which is currently being finalised following a consultation which
ended on 16 February 2011 (the County Council response was reported to
the Panel at the February meeting). The guiding principles of the national
strategy (and by inference local strategies) are likely to be confirmed as






Community focus and partnership working.
Sustainability.
A risk based approach.
Proportionality of approach.
Recognising that flood risk management activity can deliver multiple
benefits.
Beneficiaries should be allowed and encouraged to invest in local risk
management strategies.
4.3. The Act specifies what the local strategy must cover and the relevant extracts
from the legislation are set out in Appendix 1. It will focus on flooding from
surface water, groundwater and ordinary watercourses (managing flood risk
from rivers, reservoirs and the sea is the responsibility of the Environment
Agency) but will need to consider interactions with other flooding
mechanisms. A matrix showing how the legislative requirements will be
fulfilled is attached at Appendix 2.
4.4. Although not specified in the legislation links will also need to be made with
existing activity and plans, which includes as examples: the Local Resilience
Forum’s Multi Agency Flood Plan; district planning authorities’ district plans
and Strategic Flood Risk Assessments; and the Environment Agency’s
Catchment Flood Management Plans and River Basin Management Plans.
4.5. No formal guidance or advice is being issued by the Minister. The Local
Government Group has published a “living draft” framework to assist local
authorities in the development of their strategies. The Department for
Environment Food and Rural Affairs (Defra) together with Department for
Communities and Local Government (DCLG), the Environment Agency and a
number of local authorities participated in the production of the document.
4.6. The scope of the strategy is not confined to the activities of the County
Council it also includes the local “risk management authorities”1, which have
responsibilities relevant to the management of local flood risk and must act
consistently with the local strategy when carrying out their flood risk
management functions. Water and sewage companies are a special case
and are only required to have “due regard” – so that the authority of their
“Risk management authority” means (a) the Environment Agency, (b) a lead local flood authority, (c) a
district council for an area for which there is no unitary authority, (d) an internal drainage board, (e) a water
company, and (f) a highway authority.
1
81906293
2
regulator OFWAT is not usurped. Lead Local Flood Authorities have been
given additional powers to include the relevant “risk management authorities”
in the remit of their scrutiny committees2.
4.7. A key aspect of the strategy will be the definition of parameters for future
flood risk management activity – this will need to be underpinned with
technical studies so that flood risk in Hertfordshire is better understood as
well as the potential means of flood risk reduction. This work will be the basis
of a framework for the development of practical measures to reduce flood risk
which involve:





Identification and prioritisation of areas of locally significant flood risk.
Practical and financial screening of feasibility of reducing flood risk.
Calculation of cost benefit, the estimated value of damage over time and
costs of and savings from practical interventions to reduce risk over the
same period.
Identification of potential funding mechanisms.
Development of detailed scheme proposals when funding opportunities
become available.
Working with the community, in general and in some specific areas, to
ensure they understand flood risk and the action that they can and need to
take to improve and develop individual and community level flood resilience.
4.8. There will always be a degree of flood risk however much activity there is to
mitigate it and in some cases there will no feasible means of reducing
relatively high levels of risk. So it will also be vital to work with communities
to help them understand the role of the County Council in coordinating the
management of the most significant flood risk and that there are practical
limitations, which mean not all instances of flooding can be addressed.
4.9. The legislation simply requires that the authority consults with the public
however development of the strategy gives an opportunity to raise awareness
of flood risk generally and the role of the Lead Local Flood Authority. It will
also be useful means of understanding how communities need to be
supported to manage aspects of flood risk themselves.
4.10. Consultation will potentially require significant resources and so needs to be
carefully planned and targeted. It is suggested that at the early stages an
outline of the process is publicised through the County Council’s countywide
media and rather than consult every parish / community level group those
communities that have suffered flooding or that are provisionally thought to
be at risk are prioritised for more detailed consultation. General comment
would be encouraged on the consultation draft when all the various elements
have been drawn together.
4.11. There is no set timetable in legislation for production other than it needs to
be completed in a reasonable period of time. The Preliminary Flood Risk
2
The Flood and Water management Act 2010 amends the Local Government Act 2000and so that a Lead
Local flood Authority’s scrutiny arrangements also include the review of the exercising of flood risk
management functions by risk management authorities in the local authority’s area.
81906293
3
Assessment which is currently being produced has been deemed by Defra to
be the start of the process. The range of work needed to develop the
strategy, its importance in defining a new area of work and the required
consultation periods for the Strategic Environmental Assessment mean that it
will be a substantial piece of work taking in the region of 12 months to
develop. This would be consistent with the provisional timescales of some
other local authorities and an informal indication that the strategies should be
published by the end of 2012. An indicative timetable including key stages
for reports to this Panel is attached as Appendix 3.
5. Financial Implications
5.1. None directly, production of the strategy will be managed within current
service budgets.
5.2. The strategy will set out a framework for future spending priorities and may
include allocation of funding for a capital programme.
5.3. Defra have stated that adequate funding will be made available so the new
role in local flood risk management does not result in a new net burden for
Lead Local Flood Authorities. For Hertfordshire County Council the funding
available is £207,200 in 2011-2012 and £548,100 in 2012-13, 2013-14 and
2014-15.
Background Papers
Flood and Water Management Act 2010
http://www.legislation.gov.uk/ukpga/2010/29/contents
Preliminary Framework to assist the development of the Local Strategy for Flood
Risk Management ‘A Living Document’ – Local Government Group February 2011
81906293
4
Appendix 1
Extracts from the Flood and Water Management Act 2010 relevant to the
production of local flood risk management strategies.
Flood and Water Management Act 2010 (Chapter 29)
PART 1 FLOOD AND COASTAL EROSION RISK MANAGEMENT
9 Local flood risk management strategies: England
“(1) A lead local flood authority for an area in England must develop, maintain,
apply and monitor a strategy for local flood risk management in its area (a
“local flood risk management strategy”).
(2) In subsection (1) “local flood risk” means flood risk from—
(a) surface runoff,
(b) groundwater, and
(c) ordinary watercourses.
(3) In subsection (2)(c) the reference to an ordinary watercourse includes a
reference to a lake, pond or other area of water which flows into an ordinary
watercourse.
(4) The strategy must specify—
(a) the risk management authorities in the authority’s area,
(b) the flood and coastal erosion risk management functions that may be
exercised by those authorities in relation to the area,
(c) the objectives for managing local flood risk (including any objectives
included in the authority’s flood risk management plan prepared in
accordance with the Flood Risk Regulations 2009),
(d) the measures proposed to achieve those objectives,
(e) how and when the measures are expected to be implemented,
(f) the costs and benefits of those measures, and how they are to be paid for,
(g) the assessment of local flood risk for the purpose of the strategy,
(h) how and when the strategy is to be reviewed, and
(i) how the strategy contributes to the achievement of wider environmental objectives.
(5) The strategy must be consistent with the national flood and coastal erosion risk
management strategy for England under section 7.
(6) A lead local flood authority must consult the following about its local flood risk
management strategy—
(a) risk management authorities that may be affected by the strategy
(including risk management authorities in Wales), and
(b) the public.
(7) A lead local flood authority must publish a summary of its local flood risk
management strategy (including guidance about the availability of relevant
information).
(8) A lead local flood authority may issue guidance about the application of the
local flood risk management strategy in its area.
81906293
5
Appendix 1 (contd)
(9) A lead local flood authority must have regard to any guidance issued by the
Secretary of State about—
(a) the local flood risk management strategy, and
(b) guidance under subsection (8).”
11 Effect of national and local strategies: England
“(1) In exercising its flood and coastal erosion risk management functions, an
English risk management authority must—
(a) act in a manner which is consistent with the national strategy and
guidance, and
(b) except in the case of a water company, act in a manner which is
consistent with the local strategies and guidance.
(2) But—
(a) subsection (1) does not apply in relation to the function of the
Environment Agency under section 7(1);
(b) the Agency must have regard to the national and local strategies and
guidance in exercising that function.
(3) In exercising a flood or coastal erosion risk management function in relation to
an area in England, a water company must have regard to the local strategies
and guidance.
(4) In exercising any other function in a manner which may affect a flood risk or
coastal erosion risk, an English risk management authority must have regard
to the national and local strategies and guidance.
(5) A cross-border internal drainage board for an internal drainage district that is
mainly in Wales must—
(a) act in a manner which is consistent with the local strategies and
guidance, and
(b) have regard to the national strategy and guidance.
(6) Subsection (5) does not affect the duties of a cross-border internal drainage
board under section 12.
(7) The Secretary of State may by order require a specified person to have regard
to the national and local strategies and guidance in exercising a statutory
function which may affect a flood risk or coastal erosion risk in England.
(8) In this section—
(a) references to the national strategy and guidance are references to (i) the
national flood and coastal erosion risk management strategy under
section 7, and (ii) any guidance on the national strategy issued by the
Environment Agency, and
(b) references to the local strategies and guidance are references to (i) any
local flood risk management strategy under section 9 for the relevant
area, and (ii) any guidance on a local strategy issued by a lead local
flood authority.
(9) In subsection (7) “statutory function” means a function conferred by or under an
enactment.”
81906293
6
Appendix 2
Matrix of required elements of local Flood Risk Management Strategy
The strategy must specify
(a) the risk management
authorities in the authority’s
area,
How this will be done
The strategy will be developed in conjunction
with these authorities in Hertfordshire which are:
the 10 district authorities, the Environment
Agency, The Highways Agency, the Bedfordshire
and Ivel Internal Drainage Board, Thames
Water, Anglian Water and it also proposed that
British Waterways and the Lee Valley Regional
Park Authority are also included at an early
stage.
(b) the flood and coastal
erosion risk management
functions that may be
exercised by those authorities
in relation to the area,
By describing the roles of the above.
(c) the objectives for managing
local flood risk (including any
objectives
included in the authority’s flood
risk management plan
prepared in
accordance with the Flood Risk
Regulations 2009),
The presumption is that the strategy will work
towards reducing flood risk. The overall profile of
risk and likely availability of resources will need
to be understood to allow realistic objectives to
be developed
(d) the measures proposed to
achieve those objectives,
Will be broad prescriptions in the strategy – but
more detailed in the annual programmes. This
will cover such points as – working though the
planning system, developing programmes of
work, prioritising maintenance programmes, a
dedicated capital programme and working with at
risk communities.
(e) how and when the
measures are expected to be
implemented,
This will require long, medium and short term
timetables. (Long term over the course of a
number of strategies, medium term over the
period covered by a strategy and short term –
annual programmes of work).
(f) the costs and benefits of
those measures, and how they
are to be paid
for,
This will be detailed in the annual programmes
but the broad principles will need to be
established in the strategy, for example the ratio
of benefit to cost required for a scheme to be
developed.
81906293
7
(g) the assessment of local
flood risk for the purpose of the
strategy,
The crux of this is determining what is “locally
significant” and how this will be identified.
(h) how and when the strategy
is to be reviewed, and
It is suggested that the strategy is updated
annually and reviewed on a 5 – 6 yearly cycle to
coincide with updates required under the related
Flood Risk Regulations 2009. The mechanism
of the scrutiny topic group that the Act empowers
the County Council to establish could be used as
the forum for the review.
(i) how the strategy contributes
to the achievement of wider
environmental objectives.
The strategy will have a linked Strategic
Environmental Assessment (SEA) and it is
recommended that it is produced in context of
sustainable water management.
Within this strategy or as an extension there is
the opportunity to link aspects of flood risk
management to wider sustainable management
of water through development of policy and
strategy relating to Sustainable Urban Drainage.
Other legislative
requirements
The strategy must be
consistent with the national
flood and coastal erosion risk
management strategy for
England
How this will be done
A lead local flood authority
must consult the following
about its local flood risk
management strategy—
(a) risk management authorities
that may be affected by the
strategy
(b) the public.
Risk management authorities will be involved in
the production of the strategy. The public will be
involved in a number of ways – through the initial
raising of awareness about the strategy, work
with previously flooded and at risk communities
and a general period of public consultation.
81906293
This has yet to be finalised and is expected to be
published in the summer of 2011, but enough is
understood of the general principles to be
confident that the local strategy will comply with
this requirement.
8
Appendix 3
Indicative Timetable for production of Local Flood Risk Management Strategy for
Hertfordshire
Timeline
Activity
May
2011
June

July




August

September

October

November
6 week consultation
on (SEA) Strategic
Environmental
Assessment scoping
report and Issues
and Options


December

January
2012
February

Preliminary Flood Risk
Assessment completed
Background research for
Local Flood Risk
Management Strategy
scoping studies
Brief (Flood) Risk
Management Authorities in
Hertfordshire
Start Technical studies
National Flood Risk
Management Strategy
published
Draft national standards for
SUDs published
Start technical studies to
determine thresholds to
guide activity
Start work with identified
communities to understand
flood risk issues
Start drafting strategy
Consider findings from
consultation for issues and
options
Commission any further
technical studies
Finalise consultation draft
Environment and
Planning Panel
Report
Seek panel views on
approach to strategy
and timetable
Sign off SEA scoping
report and issues and
options paper
Approval of draft
strategy for
consultation
March
April
May
81906293
6 week Strategy
consultation as
required for SEA

Incorporate consultation
comments and finalise
strategy
Approval of final
strategy
9