EAST RENFREWSHIRE COUNCIL ENVIRONMENT DEPARTMENT ROADS & TRANSPORTATION SERVICE FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997 Report on measures to be taken to prevent or mitigate flooding of non-agricultural land in East Renfrewshire November 2001 Director: Andrew J Cahill, BSc (Hons) Head of Roads and Transportation : Joseph Devine, BSc, MSc, Ceng, MICE Refuge House, 17/19 Gauze Street, Paisley, PA1 1ES Phone: 0141 577 3417 FAX 0141 577 3414 2 CONTENTS Section Page No. 1 Introduction 2 2. Legislative Background and Responsibilities 3 3. Main Flood Issues since 1999 4 4. Assessment of Watercourses 5 4.1 4.2 4.3 5. Flood Alleviation and Mitigation 5.1 5.2 5.3 6. 8 Development Control Flood Appraisal Groups Catchment Management Finance and Resources 6.1 6.2 7. Inspections Maintenance Monitoring 10 Management Finance and Future Resources Conclusions and Recommendations APPENDICES A. Flood Register B. Culvert Screen Inspection Programme 11 3 1. Introduction 1.1 This report has been prepared by the Roads and Transportation Service of the Environment Department of East Renfrewshire Council, who are responsible for implementing the statutory provisions of the Flood Prevention (Scotland) Act 1961 (1961 Act), as amended by the Flood Prevention and Land Drainage (Scotland) Act 1997 (1997 Act). 1.2 It is a statutory requirement of the 1997 Act for the Council to produce and publish a biennial report, recording the incidences of flooding which have occurred since the publication of the previous report and detailing the actions undertaken by the Council to alleviate further flooding of non-agricultural land. The previous statutory report was published in November 1999. 4 2. Legislative Background & Responsibilities 2.1 Flood Prevention (Scotland) Act 1961 This Act gave Local Authorities discretionary powers to take such steps, as they considered necessary to mitigate or prevent flooding in non-agricultural land. Where works, other than maintenance and management, were proposed a formal Flood Prevention Scheme had to be submitted to central government for approval. The 1961 Act did not place riparian owners under any obligation to contribute towards the cost of any watercourse improvement works. It did give them considerable protection concerning the use of their own section of watercourse. 2.2 Land Drainage (Scotland) Acts The provisions of these Acts relate to agricultural land. 2.3 Sewerage (Scotland) Act 1969 This places a statutory duty on the Sewerage Authority (West of Scotland Water) regarding domestic sewage and surface water run-off from roofs and paved areas within the curtilege of premises. 2.4 Flood Prevention and Land Drainage (Scotland) Act 1997 The 1997 Act amends the Flood Prevention (Scotland) Act 1961 and now requires local authorities to undertake certain duties in relation to watercourses and their management. These duties include: a) The assessment of watercourses in their area from time to time to ascertain if they are in a condition which is likely to cause flooding of non-agricultural land within or outwith the councils area. b) To maintain the efficiency of flood defences and watercourses in order to substantially reduce the likelihood of flooding. c) To publish a report every two years on the actions taken and further measures proposed and to record the occurrences of flooding since the date of the previous report. The wording of the 1997 Act is vague; there is no definition of ‘from time to time’ or of ‘substantially reduce the likelihood of flooding’. The 1997 Act does not relieve the individual riparian owners of their primary duty to take measures to mitigate or prevent flooding of their property. The 1997 Act does not prescribe the format for assessing watercourses. Some councils have adopted a do minimal view, while others have implemented full scale modelling. 5 3. Main Flood Issues Since 1999 3.1. There have been no recorded instances of serious flooding events associated with watercourses since October 1999. 3.2. A major rainfall event occurred at the end of November 1999, lasting for a number of days. The intensity of the rainfall was not unusual but the prolonged nature of the storm led to saturation of the catchment across the whole of the Council area. The timing of the storm also coincided with a large fall of leaves, which contributed to the debris loading of the watercourses. 3.3. A number of culvert screens became blocked. Water levels in the watercourses became too high to allow road drainage systems to discharge, leading to flooding on roads. The culvert screens were inspected before, during and after the storm and blockages were cleared as soon as practicably possible. Most of these were dealt with by the Council, particularly by Roads and Transportation Service and the Highways Contracting Unit of the Department of Commercial Operations. 3.4. High water levels particularly affected the Broom Burn, the Shaw Linn, the Merry Burn at Brooklea, the Aurs Burn and the Eaglesham Burn. Other minor watercourses were also affected. 3.5. The table in Appendix A details all of the recorded flooding events in East Renfrewshire since October 1999. 3.6. Most instances of localised flooding have generally been associated with debris buildup in watercourses, particularly at culvert screens. 3.7. The table does not include flooding incidences relating to road drainage, eg blocked road gullies. 6 4. Assessment of Watercourses 4.1 Inspections 4.1.1. The 1997 Act requires the Council to undertake assessments of the watercourses ‘from time to time’. The first biennial report, published in 1997, listed the major and significant watercourses within East Renfrewshire and noted the intention to undertake assessments of these watercourses. The second report published in 1999 listed the watercourses where inspections had been undertaken. 4.1.2. The assessment involved walking the length of each watercourse, within the urban areas, noting existing and potential blockages, taking photographs and marking up location plans. Incidences of previous flooding were also noted on the location plans. 4.1.3. In general the watercourses have been found to be in a ‘fair’ condition. There are however areas within individual watercourses which are severely restricted, usually by fallen trees and other debris. It should be noted that the 1997 Act does not oblige the Council to undertake extensive clearing of watercourses. Action need only be taken to ‘substantially’ reduce the likelihood of flooding. Riparian owners are still responsible defending their own properties from flooding. 4.1.4. These initial survey reports shall be used as the basis for comparison with future surveys. The 1997 Act only requires the watercourses to be inspected from ‘time to time’. It is evident from the initial survey that some watercourses would benefit from a more frequent inspection than others. 4.1.5. A number of grills and screens have been identified during the watercourse surveys, on major and minor watercourses. An inspection programme has been developed for all of the known screens, with a minimum period between inspections identified for each grill. The interval between inspections is based on previous frequencies of blockages and the likelihood of serious flooding problems at each locale. Heavy rainfall events lead to an increased frequency of inspection. Poorly designed headwalls and screens are responsible for the large proportion of flooding problems. 4.1.6. Other known blockage locations have been identified and have been inspected on a reactive basis after storm events. The inspection list has been expanded considerably over the last two years. 7 4.2 Maintenance 4.2.1 A number of the culvert screens have been cleared by East Renfrewshire Council, Department of Commercial Operations, Highways Contracting Unit. Where debris build-up is identified during an inspection a Works Order is issued immediately for the debris to be cleared. 4.2.2 The Highways Contracting Unit also deal with flooding incidences during and after storm events, including clearing road gullies and removing debris from culvert screens and other known blockage locations. 4.2.3 A section of the Merry Burn between Fenwick Road and Ledi Road was cleared of silt and debris in March 2001, using mechanical excavators. This method proved to be successful but is costly and requires consultation with the Scottish Environmental Protection Agency (SEPA). The prime concern of SEPA is with water quality and its agreement is required prior to undertaking any work in the watercourses. 4.2.4 Silt was also removed from a small section of the Braidbar Burn in Barrhead using a vacuum system. This method proved useful in removing silt but had limited use in dealing with larger debris. 4.2.5 These two trials have been used to provide base costs which can be used to estimate future works. The small section of Merry Burn cost over £5,000 to clear, while the removal of the silt from the Braidbar Burn cost in the region of £1,200. 4.2.6 Contact has been made with BTCV (formerly the British Trust for Conservation Volunteers). BTCV are keen to set up local groups within East Renfrewshire who may take an interest in looking after stretches of watercourses. This partnership approach has proved successful in other areas and is worthy of further exploration. 8 4.3 Monitoring 4.3.1. A programme of culvert screen inspections has been implemented, with the frequency of inspection varying from monthly to quarterly, depending on the known history of individual screens. More frequent inspections are undertaken during and after major rainfall events. (Appendix B) 4.3.2. Other known problem locations have also been added to the inspection programme. The locations have been linked to the Council GIS system. 4.3.3. The results of the inspections are recorded on a computer database (MS Access) within the Roads and Transportation Service. 4.3.4. Incidences of flooding are also held on another computer database (MS Access). The locations have been linked to the Council GIS system. . 9 5. Flood Alleviation and Mitigation 5.1 Development Control 5.1.1 East Renfrewshire Council, Roads and Transportation Service provides the Planning Service with advice on flooding and drainage issues, in addition to road network issues, with regard to development control and urban drainage. 5.1.2 Planning issues are covered under National Planning Policy Guideline 7 (NPPG7) published by the Scottish Executive. Regular consultations take place between the Council, Developers, West of Scotland Water and the Scottish Environmental Protection Agency (SEPA). 5.1.3 The drainage implications for all new developments are therefore considered in relation to their effect on the watercourses adjacent and downstream of the development. 5.1.4 Culvert headwalls and inlet screens are to be designed to the recommendations of CIRIA Report 168 ‘Culvert Design Guide’. Correctly designed headwalls and inlets will reduce the likelihood of blockages occurring and adopting these guidelines as ‘good practice’ will ensure that a consistent approach is adopted across the Council area. 5.1.5 Developers are generally asked to provide Flood Risk Assessments to prove that the proposed development will in itself not be at risk of flooding and that it will not increase the likelihood of flooding downstream of the site. 5.2 Flood Appraisal Groups 5.2.1 East Renfrewshire Council participates in the White Cart Flood Appraisal Group (FAG) on a regular basis. Although flooding of the White Cart Water does not cause any great concern within East Renfrewshire it is a major problem within Glasgow and Renfrewshire. 5.2.2 The FAG has appointed Babtie Group to develop a model for the White Cart Water and East Renfrewshire Council has given financial support to this initiative. 5.2.3 The FAG provides a forum for the discussion of flooding and drainage related problems. The FAG can make recommendations to the Council but has no authoritative power to force the Council to implement them. East Renfrewshire Council recognises the value of the FAG and continues to be supportive of its work. 5.3 Catchment Management 5.3.1 As stated above East Renfrewshire Council uses the guidelines of NPPG7 to control development within the council boundary. Guidance notes produced by SEPA and WoSW are also used to ensure that Best Management Practices are employed within each development. 5.3.2 Examples of the above include incorporating attenuation tanks within drainage systems to control discharge into watercourses and using swales to again control discharge but in an environmentally friendly way. 10 5.3.3 East Renfrewshire Council is represented on the Flooding Working Group of the Society of Chief Officers for Transportation in Scotland (SCOTS). This forum provides the ideal opportunity for Local Authorities to disemminate information across a wide range of issues and to develop guides to Best Practice. 11 6. Finance and Resources 6.1 Management 6.1.1 The 1997 Act places some onerous responsibilities on the Council in terms of watercourse management. These include the inspection and maintenance of watercourses, the production of reports and the maintenance of a flood register. 6.1.2 The 1997 Act is however vague in determining what exactly is to be done. Case Law will eventually establish the meaning of the various clauses within the legislation. Until then each Council will have to determine its own priorities and make available the resources to implement them. 6.1.3 The routine inspection of the culvert screens, the clearing of the screens, the maintenance of the flood register and the inspection of the watercourses have been undertaken using resources of the Roads and Transportation Service Revenue budget. 6.1.4 Development control is also funded from the Revenue budget. 6.1.5 Any major works involving installation of new culvert screens or re-channelling of sections of watercourse would be classed as improvements and would be funded from the Capital budget. 6.1.6 Any named Flood Prevention Scheme would also require to be funded from the Capital budget. 6.2 Finance and Future Resources 6.2.1 Funding will be required for the ongoing culvert screen inspections, clearing of screens and for maintaining the flood register. 6.2.2 If Capital funding is made available, then the installation of improved culvert screens to the recommendations of CIRIA Report 168 can be carried out. 6.2.3 If Revenue funding is made available then the continued inspection of the lesser watercourses and culverts can be undertaken. The route and construction of some culverts are unknown and need to be traced using CCTV equipment. There are a number of known problem areas associated with these minor watercourses. 6.2.4 The wholesale clearing of watercourses is not an option. Clearing of known problem areas, with the co-operation of the riparian owners would require a further increase in funding. 6.2.5 At present there are no plans to develop a Flood Prevention Scheme for any watercourse within East Renfrewshire. 12 7. Conclusions and Recommendations. 7.1. Although there have been no major flooding incidents within East Renfrewshire the 1997 Act places some onerous statutory duties on the Council. 7.2. Revenue funding will be sought to improve culvert screen inspection, screen clearing and maintenance of the flood register. 7.3. Capital funding will be sought to replace culvert screens to current recommendations and for improvements to watercourses. 7.4. The Roads and Transportation Service will continue to co-ordinate responses to flooding incidents through the Highway Construction Unit. APPENDIX A APPENDIX A FLOOD REGISTER FLOOD REGISTER Ref E27 E42 E49 E50 E51 E52 E53 E54 E55 E56 E57 E58 E59 E60 E61 E62 E63 E64 E65 E66 E67 E68 E69 E70 Watercourse Bridgebar Burn Bridgebar Burn (tributary) Merry Burn (trib) Broom Burn Broom Burn Broom Burn Eaglesham Burn Capelrig Burn (trib) Shaw Linn Bagabout Burn Broom Burn Broom Burn Broom Burn Broom Burn Broom Burn Capelrig Burn Capelrig Burn Shaw Linn Merry Burn (trib) Eaglesham Burn Brackenrigg Burn Plumb Burn Bridgebar Burn Capelrig Burn (trib) Location Quarry Road Hillside, Barrhead Brooklea Drive Windsor Avenue Mearns Road Dunbeath Avenue Eaglesham Greenlaw Drive Broomvale Drive Robslee Crescent Mearns Road Dunbeath Avenue Windsor Avenue Lochbroom Drive Leslie Avenue Capelrig Road Harvie Avenue Newtonlea Avenue Brooklea Drive Gilmour Steeet Brackenrigg Crescent, waterfoot Waterfoot Road, waterfoot Paisley Road, Dealston Road Stewarton Road Date 1 30/11/99 03/12/99 28/11/99 28/11/99 30/11/99 28/11/99 03/12/99 30/11/99 30/11/99 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 29/10/00 Date 2 30/11/99 30/11/99 30/11/99 APPENDIX B CULVERT SCREEN INSPECTION PROGRAMME Grill No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Location Arthurlie Avenue Aurs Bridge Broomburn Culvert Burnhouse Farm Culvert Burnside Gardens Caplet Culvert Castlegate Eglinton Arms Hotel Firwood Court Gatehouse Culvert Glen Doll Road Glen Finlet Road Greenfield Bridge Kelburn Street Culvert Kirkton Burn Bridge Muirend Playing Fields Maple Avenue Newton Grove Near Fingalton Bridge No 207 Ayr Road No 160 Busby Road No 155a Kilpatrick Gardens Quarry Road Shilford Culvert Neidpath Road West Westacres Road - West Westacres Road - East Strathaven Road Park South of Roger Moorhill Road Broomley Lane Gladstone Avenue Newton Court Belford Grove Ochil Drive Robslee Crescent Description Galvanised steel. Galvanised steel. Galvanised steel Galvanised steel. Mild steel. Galvanised steel. Galvanised steel. Galvanised steel. Mild steel. Galvanised steel Mild steel. Galvanised steel. Galvanised steel. Galvanised steel. Frequency Monthly Monthly Monthly Quarterly Monthly Monthly Quarterly Monthly Monthly Quarterly Quarterly Quarterly Quarterly Monthly Monthly Mild steel. Quarterly Mild steel. Quarterly Galvanised steel. Quarterly Galvanised steel. Quarterly Mild steel. Quarterly Mild steel Quarterly Mild steel Monthly Mild steel Monthly Galvanised steel Quarterly Mild steel Quarterly Galvanised steel Monthly Galvanised steel Monthly Steel Mesh Quarterly Galvanised steel Monthly Galvanised steel Monthly Footbridge & Pipe Monthly Galvanised steel Quarterly Galvanised Steel Quarterly Galvanised Steel Quarterly Masonry Arch Monthly Sewage Pipe Monthly
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