Planning and Environment Overview and Scrutiny Panel
Wednesday 6 June 2007
Web Agenda/Minutes Summary Document
Meeting Name:
Planning and Environment Overview and Scrutiny Panel
Meeting Date:
06/06/2007 Pick
Meeting Time:
Location:
Sub Committee / User Forum etc (if required):
Members Present:
Non-Members Present:
Confidentiality: Part I
Document Type: Agenda
Document Status: Final
N O T I C E
O F
M E E T I N G
PLANNING AND ENVIRONMENT
OVERVIEW AND SCRUTINY PANEL
will meet on
WEDNESDAY 6 JUNE 2007
at
6.30pm
in the
DESBOROUGH SUITE 2/3, TOWN HALL, MAIDENHEAD
O F
M E E T I N G
PLANNING AND ENVIRONMENT
OVERVIEW AND SCRUTINY PANEL
will meet on
WEDNESDAY 6 JUNE 2007
at
6.30pm
in the
DESBOROUGH SUITE 2/3, TOWN HALL, MAIDENHEAD
TO: MEMBERS OF THE PLANNING AND ENVIRONMENT OVERVIEW & SCRUTINY PANEL
COUNCILLORS BEER, J EVANS, GARD, HOLNESS, MRS HOWES, KELLAWAY & MRS H WILSON
SUBSTITUTE MEMBERS
COUNCILLORS ADAMS, DUDLEY, MISS JAVED, MRS LUXTON, RICHARDS, SMITH & THOMPSON
Lloyd White
Head of Democratic Services
Issued: 29 May 2007
Members of the Press and Public are welcome to attend Part I of this meeting.
The agenda is available on the Council’s web site at www.rbwm.gov.uk or contact the
Committee Administrator Karen Williams (01628) 796529
Head of Democratic Services
Issued: 29 May 2007
Members of the Press and Public are welcome to attend Part I of this meeting.
The agenda is available on the Council’s web site at www.rbwm.gov.uk or contact the
Committee Administrator Karen Williams (01628) 796529
In the event of the fire alarm sounding or other emergency, please leave the building quickly and calmly by the nearest exit. Do not stop to collect personal belongings and do not use the lifts. Congregate in the Town Hall Car Park, Park Street, Maidenhead (immediately adjacent to the Town Hall) and do not re-enter the building until told to do so by a member of staff. |
AGENDA
PART I
| ITEM | SUBJECT | WARD | PAGE NO |
| 1 | ELECTION OF CHAIRMAN To appoint a Chairman for the 2007/2008 Municipal Year. |  | |
| 2 | ELECTION OF VICE-CHAIRMAN To appoint a Vice-Chairman for the 2007/2008 Municipal Year. | | |
| 3 | APOLOGIES FOR ABSENCE To receive any apologies for absence. | | |
| 4 | DECLARATIONS OF INTEREST To receive Declarations of Interests from Members of the Panel in respect of any item to be considered at the meeting. | | |
| 5 | FLOOD MAPS UPDATE To comment upon the report being submitted to Cabinet on 28 June 2007 on the Flood Maps Update. | Various | 1 |
| 6 | FLOODING MONITORING REPORT To comment upon the report being submitted to Cabinet on 28 June 2007 on Flooding Monitoring. | Various | 5 |
| 7 | LOCAL GOVERNMENT ACT 1972 – EXCLUSION OF THE PUBLIC To consider passing the following resolution:- "That under Section 100 (A) (4) of the Local Government Act 1972, the public be excluded from the remainder of the meeting whilst discussion takes place on item 8 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part I of Schedule 12A of the Act” | | |
DRAFT for Overview and Scrutiny Panel
4DMT Vers 1.0
5. FLOOD MAP UPDATE: REVISED ADVICE FROM THE ENVIRONMENT AGENCY
CABINET: 28 JUNE 2007
MEMBER REPORTING: COUNCILLOR WILSON
To inform Members of the new flood risk data received from the Environment Agency in the form of the Flood Map for England and Wales March 2007.
3.1 Wards Affected
All wards.
Background:
Planning Policy Statement 25: Development and Flood Risk (PPS25) confirms that flooding is a material consideration that must be taken into account when making planning decisions. PPS25 promotes a risk-based approach to flooding by identifying four flood zones based on their annual probability of flooding (see the table below).
| Flood Zone | Annual Probability of Flooding |
| 1. Low Probability | Less than 1 in 1,000 years. |
| 2. Medium Probability | Between 1 in 100 and 1 in 1,000 years. |
| 3a. High Probability | At least 1 in 100 years. |
| 3b. Functional Floodplain | At least 1 in 20 years. |
To ensure the application of a risk based approach to flooding outlined in PPS25 outlines two strict tests, namely the sequential test and the exceptions test. These are applicable to both the determination of planning applications and the allocation of land for development.
New Flood Risk Data
The Environment Agency has recently published the Flood Map for England and Wales March 2007. The Flood Map provides spatial data on the extent of areas liable to flood based on the above probabilities but with Zones 3a and 3b combined into a single extent. The new dataset updates the Flood Map previously provided to the Council in 2006. Maps showing the previous and new Flood Maps are viewable via Democratic Services, Group Rooms and York House.
An examination of the new dataset shows minor revisions to the extent of both the High Risk and Medium Risk zones. The list below provides details areas which are shown to have a revised flood risk. The land is in proximity to the named locations.
Areas Inserted into Flood Zones:
q Pondwood Farm (near Beeham’s Heath).
Areas Removed from Flood Zones
q Paley Street,
q Pondwood Farm (near Beeham’s Heath).
Maps showing the revised areas will be available at the meeting as well as at the aforementioned locations.
Reasons Supporting the Recommendation
The Environment Agency are utilising Flood Map March 2007 as the basis for their representations on development located in areas liable to flood. It is therefore important that the Council’s utilises the same data when making planning decisions. The Council has previously resolved to adopt revisions to the Flood Map data. The recommendation of this report is consistent with previous decisions.
| Option | Comments |
| i. | The recommendation of this report | By adopting the Flood Map March 2007, the Council will be utilising flood risk data consistent with that used by the Environment Agency. This is essential if the Council is to make robust planning decisions. |
| ii. | Do nothing | By not adopting the Flood Map March 2007, the Council would be utilising data which is considered by the Environment Agency to be out of date. The advice of the Council could conflict with that of the Environment Agency. This would be confusing to the general public and give rise to potential challenge by the development industry and other interested parties, increasing the risk of the Council incurring costs. |
3.4 Relevant National/Regional Guidance
The relevant national and regional guidance are:
ii. Regional Planning Guidance for the South East (RPG9);
iii. The submitted South East Plan.
The relevant Council strategy and policies are:
ii. RBWM Local Plan (Incorporating Alterations Adopted June 2003);
iii. SPG: Interpretation of Policy F1 (Area Liable to Flooding);
iv. Berkshire Structure Plan 2001-2016;
v. Local Development Framework: Submission Core Strategy and Policies DPD;
vi. RBWM Strategic Flood Risk Assessment.
The recommendations contained in this report also contribute to the Community Strategy in the following ways:
| Relevant? Yes / No |
| Key Themes: | |
| getting about. | No |
| learning for life | No |
| being safe and secure | Yes |
| caring and health | No |
| living and working in a good place. | Yes |
| Guiding Principles: | |
| working together | No |
| leaving no one behind | No |
| involving people | No |
| safeguarding the young | No |
No consultation has been carried out in the preparation of this report.
There are no financial implications arising from this report.
The Flood Map for England and Wales March 2007 immediately formed a material consideration in the determination of planning applications and the consideration of policy through the Local Development Framework.
There are no Convention Rights under the Human Rights Act relevant to this report.
- Flooding is a material consideration in the determination of planning applications and the consideration of policy through the Local Development Framework. It is essential that the Council utilise the latest flood data to ensure robust planning decisions are made. Any new data on the extent of flood risk will be incorporated into the Council’s Strategic Flood Risk Assessment through its annual update.
In terms of sustainable development policy, the recommendation of this report will have the following beneficial sustainable development implications:
In terms of the Council’s Equality Impact Assessment Policy, the recommendations of this report have no negative equality and diversity implications.
Background Papers:
Environment Agency Letter entitled ‘Flood Map Update and Historic Flood Map for LPAs’ and dated 7th April 2007 and accompanying CD Rom Flood Map for England and Wales March 2007;
Environment Agency Letter entitled ‘Flood Map Update and Historic Flood Map for LPAs’ and dated 30th September 2006;
Environment Agency Letter entitled ‘Flood Map Update and Historic Flood Map for LPAs’ and accompanying CD Rom Flood Map for England and Wales June 2006;
Report to Cabinet ‘Flood Map Update: Revised Advice from the Environment Agency’, 24th August 2006.
9
6. FLOODING MONITORING REPORT
CABINET: 28 JUNE 2007
MEMBER REPORTING: COUNCILLOR RAYNER
(Officers Reporting: Ian Hunt/Simon Lavin)
1. PURPOSE OF REPORT
To provide an update on flooding actions, pursuant to the Motion agreed by Council, and to report on the on-going work of the Thames Flood Forum (TFF).
2. MEMBER’S RECOMMENDATION: That the flooding actions, and the TFF process be noted.
3. SUPPORTING INFORMATION
3.1 Wards Affected
All Riverside wards in the Borough.
3.2 Relevant Matters Upon Which Decision is Based
3.2.1 Council, in June 2004, agreed the following Motion in relation to flooding: "That this Council, as proposed in the FRAG report, will undertake a program of action to help protect vulnerable residents from avoidable flooding risk. The action shall include, but not be limited to: a scheduled program of gully and ditch clearance for Council owned gullies and ditches, ?????a strategy for enforcement of riparian responsibilities for privately owned gullies and ditches, ?????co-operation with the Environment Agency to secure publication and establishment of maintenance regimes for non-Thames watercourses, and that Cabinet shall receive a quarterly monitoring report of these actions and others, especially those of the Environment Agency,
taken to reduce flooding risk."
3.2.2 Members were provided with summaries of the actions that the Council had embarked upon in relation to improving the communication of flood risk in previous Flooding Monitoring Reports. These included details with regard to the establishment of a web page on the Council’s web site, and the information contained on the web page was outlined. The publication of a Council leaflet was also reported, which is designed to give people a better understanding of the causes of flooding, who is responsible for what in flooding situations, what steps people should take to protect property and possessions, and what assistance can be reasonably expected from different agencies. This leaflet has been widely distributed, including placing copies in the ‘flood libraries’ established at Maidenhead and Old Windsor libraries, and in the reception areas of the Borough’s administrative buildings. Copies of the leaflet have also been sent to all Parish Councils and Flood Wardens.
3.2.3 Additional tasks undertaken by the Council were also reported and these included the strategic storage and distribution of sandbags, the deployment of officers to patrol the Borough at strategic points along the river front during times of flood, and the preparation of traffic regulation and road closure plans in advance of any flooding. Prior to the on-set of winter, the Borough’s Emergency Planning Officer liaised further with the riverside Parish Councils regarding the stock piles of sand bags that were established. Co-ordination meetings continue to be held with the Environment Agency, local flood wardens and other groups to clarify roles, and a hotline has been established for the reporting and monitoring of flooding.
3.2.4 The Operations Unit continue to meet with flood wardens to review and discuss issues and procedures, and also with parishes to review and discuss the flood warden scheme. Names and contact details of flood wardens has been published so residents in the area know who to contact, and a leaflet on flood wardens has also been produced and distributed. The schedule of gully and ditch clearance for Council owned gullies and ditches is also operated and continually monitored by the Operations Unit.
3.2.5 Briefings and meetings also continue to be take place between the Council’s Operations Unit and the utility companies to discuss responses during and after a flood, and a series of
successful emergency planning exercises have also taken place.
3.2.6 The Council’s Emergency Plan has also been updated, and Members considered a revised version of the Plan at the December Cabinet meeting.
3.2.7 The Council has received a small number of enquiries in relation to the Land Drainage Policy, which have been dealt with. The policy sets out enforcement powers available to the Borough for taking enforcement action on ordinary (riparian owned) watercourses, the criteria in which enforcement will be applied and the procedure for enforcing. Information on the policy has been made available through a leaflet and is also on the Council’s web site, including the relevant contact details for Officers, how to obtain help and advice, and contact information for other relevant agencies. Information relating to land drainage problems is also held on a database within the Operations Unit.
Ditch Clearance
3.2.8 There are eleven lengths of ditch within the Borough for which the Streetcare Unit have direct responsibility, and the location of these ditches is indicated in Appendix A. These ditches are inspected annually in the summer or early autumn and any necessary maintenance work, which will usually involve strimming of the bank side vegetation, is carried out.
3.2.9 Members may recall that the Wraysbury Drain and the Horton Drain were both identified as "critical ordinary watercourses" and that it is anticipated that these watercourse will be enmained (become main river for which the Environment Agency is responsible).
3.2.10 The enmainment of these watercourses has however been delayed by legal technicalities presented by Inclosure Awards made in 1799, and the Borough is therefore still responsible for the maintenance of these watercourses.
3.2.11 In addition to the annual inspections, detailed feasibility studies on the condition of the Wraysbury Drain and the Horton Drain were undertaken in 2003 and 2005 respectively. These feasibility studies identified and prioritised possible improvement works. As a result significant works were undertaken on the Wraysbury Drain and the Horton Drain in 2004 and 2006 respectively. These improvement works included significant clearance of vegetation along the routes of the watercourses and the reconstruction of the weir structure at the junction of the Horton Drain and the Wraysbury Drain.
Grille Cleaning Schedule
3.2.12 There are a number of grilles, normally located at the mouths to culverts, on the ditch network within the Borough. Past experience has indicated that particular grilles are "critical", and that there is a very real risk of flooding occurring if debris is allowed to accumulate on these grilles. Grilles considered to be critical are checked, and cleaned, on a weekly basis from September to April each year, and a copy of the grille cleaning schedule is included as Appendix B.
Gully Cleaning Schedule
3.2.13 There are approximately 20,700 roadside gullies within the Borough, and the gully cleaning schedule is included as Appendix C.
3.2.14 Following the wet winters of 2000 and 2003, and the increased occurrences of high intensity short duration rainfall events leading to flash flooding, a targeted approach to gully cleaning has been adopted. This approach has proved successful in reducing the number of flooding complaints by focusing on those gullies and associated outfalls that were causing the most problems. In addition to the reactive and targeted work programme, scheduled cleaning has been undertaken but not in accordance with the schedule. It is anticipated that a return to normal schedule cleaning will commence this Autumn.
Soakaway Cleansing, Maidenhead Area.
3.2.15 Members may recall that soakaway cleansing has generally been undertaken on a reactive basis in the past, and that a schedule of soakaways in the Maidenhead area has recently been prepared. This schedule is included as Appendix D and a program of cleansing of "critical" soakaways within the Maidenhead area has now commenced.
The Thames Flood Forum (TFF)
3.2.16 The previous Flooding Monitoring Report presented to Cabinet in March reported on the last TFF meeting held on 19 February 2007, which was hosted by the Royal Borough. Since the last report, the TFF has held its next meeting and this took place on 22 May 2007 at the offices of Runnymede Borough Council. The main focus of the meeting was on flood risk awareness and warning, and representatives from the Environment Agency presented details on flood warnings, The National Flood Map Policy, Flood Zones, detailed flood risk mapping, and mapping for insurance purposes. In addition, the TFF meeting also considered the local authority perspective on flood mapping. A representative from the Association of British Insurers was also present at the meeting to give a presentation on such matters from
the insurers’ perspective.
3.2.17 The TFF welcomed the improved maps and tables the Environment Agency had produced over the last five years, although expressed disappointment that it was unlikely to be technically possible to predict probability, depth flow and duration of flooding at individual property level. The TFF also heard that the Environment Agency and the Association of British Insurers have agreed a template for the flood risk information that the Agency can provide to householders and businesses that are seeking flood insurance. Members of the TFF heard that problems arise when insurance companies ask for flood risk information not included in the template. The Agency reported that they would always try to provide the information requested by insurers and property owners but may not be able to do so because
it did not exist, was unreliable or confidential.
3.2.18 In summary, the TFF asked the Environment Agency, local authorities, and Insurers to work together to do three things, as follows
Ø Adopt a common set of risk bands for use in individual and community planning and in insurance matters;
Ø Resolve confidentially and data quality problems so that all available information can be used to improve individual risk assessment.
Ø Explain the limitations to flood probability advice to everyone who asks for it, so that they are not left thinking that their questions have been ignored.
3.2.19 Other matters considered by the TFF at the 22 May meeting included Environment Agency priorities for maintenance work on the River Thames. The TFF agreed that the implications of the priorities in their localities should be discussed at a future meeting. The meeting also noted a negative response from DEFRA Minister Ian Pearson to a request for increased Government money for flood risk reduction. The TFF will be forming a sub group to look at financial issues before inviting the Minister to attend or be represented at the TFF meeting in November 2007. Members of the TFF also noted concerns within community groups in the Wraysbury-Datchet area about the Jubilee River, and the environment Agency agreed to review points that the groups had submitted in writing, and to meet representatives if that
was the best way of resolving outstanding issues.
3.2.20 A Copy of the Minutes and all associated papers from the TFF meeting held on 22 May are available on the TFF’s web site at www.thamesff.org.uk. A copy of the Agenda from the 22 May has been placed in the Group Rooms, Members Rooms and is also available from Democratic Services. The TFF has also issued a press release since the meeting took place, and this attached as appendix E to this report for information.
3.2.21 The TFF’s work programme and meeting programme for the remainder of the calendar year is set out below for information. It can be noted from this that the next meeting of the TFF will be held on 10 July 2007 at the offices of the Royal Borough of Kingston Upon Thames. A meeting of the TFF’s Steering Group will also be held prior to the next TFF meeting. The next Flooding Monitoring Report will report on both of these meetings.
Date | Lead | Scope (Main theme) of Meeting |
| 10 July 2007 (Royal Borough of Kingston Upon Thames) | Planning Liaison Group and Environment Agency | The impact of PPS25 and the associated practice guide on development planning in the Lower Thames Area; residual weaknesses in PPS25 and the practice guide and the need for further lobbying. Planning linked insurance issues; Flood Risk. |
| November 2007 (Host, time, exact date and venue to be confirmed) | Chairman | Review of progress and outstanding issues. Recommendations for future initiatives. |
3.3 Options Available and Risk Assessment
| Option | Comments |
| 1. | There are no recommendations contained in this report, other than that Members note the flooding actions and the Thames Flood Forum process. | The Flooding Monitoring Report is a quarterly monitoring report to Cabinet, updating Members on flooding actions, including the work of the Thames Flood Forum. |
3.4 Relevant Council Policies/Strategies
None
4. CONSULTATION CARRIED OUT
None
5. IMPLICATIONS
5.1 Financial, Planning and Legal
None arising from report.
5.2 Human Rights Act
Article 1 of the First Protocol – the protection of property – may be affected by the policy statement on sandbags. Any interference must be proportionate and in accordance with the law.
Background Papers: Thames Flood Forum Agenda 22 May 2007; Thames Flood Forum Press Release May 2007
070606 Rbwm Grille Cleaning Schedule Sept00
070606 Rbwm Gully Cleaning Schedule