Denbighshire County Council
Planning Services
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Appendix 1
Response to Consultation Draft:
Technical Advice Note (Wales) 15 ‘Development and Flood Risk’ (TAN 15)
1.
Overview of the Content of the TAN:
1.1
The consultation draft consists of a written document and a CD containing flood risk
maps for the Denbighshire area. The written document is divided into the following
main sections and appendices:
• Aim of the TAN
• Planning maps – explanation of the different categories of flood risk as
identified on the CD-ROM.
• Nature of development – the different categories assessed against potential
flood risks
• Justification of development – situations where different categories of
development can be justified against various levels of flood risk
• Assessment of flooding consequences
• Surface water run off from new development
• Role of UDPs
• Development control
Appendices
• Assessing flooding consequences
• Flooding & climate change
• Environment Agency
• Sustainable drainage systems
• Other relevant plans
• Warning notices
1.2
The aim of TAN (W) 15 is to introduce the precautionary principle to development in
relation to flood risk as outlined in section 13.2.3 of Planning Policy Wales (PPW)
2002. This signals an important move away from the use of flood defence and
mitigation measures in relation to new developments and flood hazards, towards
avoidance of development in areas identified as being at risk of flooding.
1.3
The precautionary methodology seeks to achieve this through a 2 stage test to be
applied in high risk areas:
1. development in flood risk areas requires strong justification.
2. an assessment of flooding consequences will be required in respect of all
developments in flood risk areas.
These tests are then supported by:
• a flood risk map identifying those areas of high and low risk
• definitions of vulnerable development and permissible uses in relation to the
category of flood risk
• advice on policy requirements on the nature, use and location of development
within the zones and need to recognise the potential impact of surface water
run-off.
2.
Key Changes from the Current TAN
2.1
There are key changes in approach between the current version of TAN 15 and the
recent consultation draft. In particular, the Consultation Draft:
• takes account of the implications of climate change;
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Denbighshire County Council
Planning Services
•
•
•
•
•
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
places greater emphasis on sustainable development and applies the
precautionary principle;
applies four different zones of flood risk (Zone A ‘low risk’, B ‘low to medium risk’,
C1 ‘high risk with some engineered flood defence’; and C2 ‘high risk with no
engineered flood defence’) and provides advice on the acceptability of
developing in each of the four zones;
only allows development in flood risk areas: (i) where it can be justified against
criteria set out in the TAN; and (ii) where the consequences of the development
in that particular area is acceptable as assessed against set criteria in the plan
in circumstances where a development is permitted that requires flood defence
and mitigation, requires the developer to fund any flood defence work (including
maintenance costs for 30 years).
In effect this makes it more difficult than previously to develop in a flood risk area.
The table below outlines the response of Planning Services to the above document. The left
hand column provides a brief overview of the paragraph. Where there is a direct quote from
the paragraph this will be in inverted commas and italics. Planning Services response is
found in the right hand column.
A full copy of the draft TAN is available to view on the Welsh Assembly Government’s
website: www.wales.gov.uk. Alternatively, copies will be available from: Planning Services,
Trem Clwyd, Ruthin. Please contact Jonathan Cawley by phone (01824) 708053 or e-mail
[email protected] should you wish to discuss the TAN or any related
issues in further detail
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Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
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Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 5.2, Penultimate Bullet Point
“this guidance advises planning authorities
to…
• Make provision for future changes in
flood risk, for example taking account of
climate change, where they can be
anticipated.”
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
It is not clear how the planning system can
make provision for climate change, given
the extent of knowledge and information
available on this topic. Appendix 2
provides an overview of Flooding and
Climate Change – although the level of
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Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 5.2, Final Bullet Point
“this guidance advises planning authorities
to…
• Take positive steps with reference to
Catchment Flood Management Plans or
Shoreline Management Plans, to restore
substantial functionality and
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
It is unclear exactly what this refers to and
the implications (including cost and funding
implications) that it may have for local
planning authorities. This should be
clarified.
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Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
6. Maps
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
A significant number of flooding instances
occur in relation to Ordinary Watercourses.
Planning Maps may not cover areas at risk
from Ordinary Watercourses and the
approach to be adopted in relation to
proposed development sites in such areas
needs to be clarified.
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Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 6.2
This Para highlights that work on existing
maps are on-going e.g. “The EA has
recently embarked upon a national flood
mapping strategy and it is anticipated that
this will deliver more refined maps to
accompany the final version of the TAN.”
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
It is evident that there is a degree of
uncertainty regarding the accuracy of the
maps. Given that the EA have not
completed their ‘flood mapping strategy’
and the TAN is in draft form, the material
weight that should be applied to the
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Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 6.4
This refers to the need for climate change
to be addressed as part of detailed
technical assessment.
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
It is unclear how exactly climate change
should be assessed as part of detailed
technical assessment.
-8-
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 6.10
“New development should be directed
away from Zone C and towards Zone A
and B (preferably Zone A)….”
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
This is vague. Is this a sequential
approach in that developers must first of all
exhaust all possibilities of Zone A sites,
before moving on to consider alternative
Zone B sites?
-9-
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Table below Para 7.1
Caravan Parks are included under ‘Highly
Vulnerable Built Development’.
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
Does this include both static caravan,
holiday chalets/cabins and touring caravan
sites?
- 10 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 8.1
In discussing the consequences of
development in areas of high flood risk in
already built up areas, the guidance states:
“some flexibility is necessary to enable the
risks of flooding to be addressed whilst
recognising the negative economic and
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
Flexibility in such areas is welcomed and
may provide a boost to existing built up
areas in need of regeneration e.g. Rhyl.
However, there is uncertainty surrounding
the aim of this paragraph at present –
which may lead to conflict. In particular it
- 11 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
Para 8.2
There are no criteria (iii) and (iv);
It is unclear whether each of the final 3
criteria (v, vi and vii) must be satisfied.
“….Development will only be justified if it
It is unclear what is meant by ‘alternative
- 12 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 9.4
Local Authorities will be required to carry
out flood consequences assessments of
UDP sites allocated in Zones C1 and C2.
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
This has cost and staff resource
implications.
- 13 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 10.2
“(SuDS) should be implemented wherever
they will be effective, in all new
development proposals..”
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
(i) Dealing with Surface Water runoff from
new development is heavily dependant on
the adoption of SuDS. Until the questions
relating to the ownership, maintenance and
funding of SuDS have been resolved, it
may be difficult to impose workable
- 14 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 16.6
“In accordance with Para 5.25 of UDP
Wales local planning authorities should
consider the TAN to constitute new
information and immediately review any
existing planned allocations for
development falling within zones C1 and
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
Given the draft format of the TAN and the
revisions that are proposed to the maps,
some form of guidance is required
regarding the status / weight that the
current draft of TAN 15 and the maps in
particular carries.
- 15 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 16.8
“….the aim should be for new development
not to create additional run-off when
compared with the undeveloped situation.”
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
Firstly, is this physically possible?
Secondly, would the EA object to
developments which would create
additional run-off when compared with the
undeveloped situation? Finally, the
creation, adoption and maintenance of
- 16 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 17.2
“….In all other zones where flooding is
identified as a material consideration
section 9 will be applicable.”
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
It is recommended that it is made clear
where flooding will be a material
consideration outside Zone C.
- 17 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 17.3
“….assessments should be carried out by
a suitably qualified competent person.”
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
(i) The TAN should make it clear who
would constitute a “suitably” qualified,
competent person. Guidance would also
be required on whether the person
undertaking the assessments should be
‘independent’.
- 18 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 18.2
Pre-application discussions
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
The document suggests that the EA will
provide advice to the developer on the
Assessment of Flooding Consequences. It
is not clear whether the EA would
undertake this role if not related to Main
River flooding.
- 19 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 19.2
“The Environment Agency or any other
relevant authorities should provide advice
to the planning authority on the findings
and conclusions of the assessment of flood
consequences”
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
This will have cost and staff resource
implications for the drainage body.
- 20 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 20.1
Developer to fund flood defence or
mitigation work required to facilitate
development.
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
Flood defence or mitigation work funded
by the developer should also be carried
out by competent persons. All comments
relating to Para. 17.3 apply.
- 21 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 20.1
Where defence works are required to
protect a development the TAN suggests
that these works are covered by s.106
agreement but that they be deemed a
public asset maintainable from the public
purse after 30 years.
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
(i) For consistency, it is suggested that the
Assembly propose a standard method for
the calculation of commuted sums based
upon maintenance regime and design life.
(ii) The TAN does not specify the source
- 22 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Para 20
Developer Contributions
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
The requirements for developers to provide
flood defence works, with a dedicated
commuted sum to cover maintenance for
30 years in Paras. 20.1 – 20.3 is fully
supported.
- 23 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Appendix 4 SUDS
Provides background to the operation and
implementation of SUDS.
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
To what extent should the LPA seek
advice from the EA on the suitability of
applying SUDS to proposed
developments? What type of application
should we be seeking SUDS advice on?
The implications of a developer not
- 24 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Appendix 6: Warning Notices/Signs at
caravan and Camping Sites and Other
Development at Risk of Flooding
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
There are clearly implications for local
authorities here. However, it is unclear
exactly what the role of the Local Planning
Authority is. It is recommended that this
should be made clearer.
- 25 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Maps
The flood risk maps have significant
implications for potential development sites
in Denbighshire – including the viability of
a 250 dwelling residential allocation
outside Ruthin.
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
Officers are aware that Assembly staff are
willing to meet up with LPAs to discuss
details further. Denbighshire welcome this
and wish to discuss various issues in
relation to the maps before responding
formally. Issues that need to be discussed
- 26 -
Denbighshire County Council
Planning Services
TAN Para and Overview of Extract
Para 4.1
This Para sets out the overarching aim of
the TAN which is to “direct new
development away from those areas which
are at high risk of flooding”. In line with the
principles of sustainable development, the
‘precautionary principle’ is applied in the
TAN. In applying the above aim it proposes
a two stage test:
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
Officer Comments
Support the precautionary approach and
the two-stage test proposed in Para 4.1.
Raise concerns regarding the mechanics
and practicality of applying the two-stage
test (this will be raised below).
(i) Ensure most development directed
away from high risk areas – and only
development which can be justified on the
basis of section 8 (discussed further
below) are located in high risk areas;
(ii) In flood risk areas (particularly high risk
areas) an assessment of flooding
consequences (for people and property)
will be required. Acceptability will depend
on severity of consequences “which will
reflect both the location and nature of the
development, as outlined in section 9 and
in more detail in Appendix 1” (section 9 /
Appendix 1 discussed further below).
“Where the risks and consequences of,
flooding cannot be managed to an
acceptable level then developing in these
areas shall be avoided irrespective of
Section 8”.
Para 4.3
“consultation with the Environment Agency
(Appendix 3)”
Maps
Para 4.3 and Appendix 3 refer to
consultation with the Environment Agency
(EA) – while the role of EA with
Development Control is made clear, their
role in responding to proposed draft
development plan policies / proposals and
allocations is not clear. It is recommended
that their role in responding to planning
policies should be highlighted. It is also
recommended that the relationship
between Development Plans and
Development Control is made clear e.g.
the consequences of EA not objecting to a
development plan allocation but objecting
once an application is submitted on the
allocation.
The maps are not clear and cannot be
used at site specific level. The information
provided on the maps is of great
significance to developers, planners and
the value of land – it is recommended that
clearer and larger scale maps provided to
each local planning authority, including
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Denbighshire County Council
Planning Services
Response to Consultation Draft
Technical Advice Note 15 Development and Flood Risk
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