Agenda item

          The Board received an update on the implications of the Flood and Water Management Act 2010 for Halton and information on the status of the various plans and funding arrangements which supported its introduction. The new Act was designed to provide more comprehensive management of flood risk for people, homes and businesses. The Act received Royal Assent on 8^th April 2010. The Act had significant implications for Lead Local Authorities in that:-

-         A new statutory responsibility for managing flood risk;

-         Responsibility for approving and maintaining sustainable drainage;

-         Reservoir safety; and

-         Other implications for Statutory Water and Sewerage Companies.

          In addition, the report outlined the implications of the Flood Risk Regulations 2009 and the two Catchment Flood Management Plans covering Halton; the Mersey Estuary Catchment Flood Management Plan (covering north of the River Mersey) and the Weaver Gowy Catchment Flood Management Plan, (covering the south side of the Mersey estuary). Both plans were prepared in partnership with regional and local planning authorities, community and environmental groups and other stake holders and they were agreed by the North West Regional Food Defence Committee in April 2009. It was reported that delivery against the actions contained in the CFMPs was measured under National Performance indicator NI189. Halton had made satisfactory progress in meeting its actions required by 2009/10 under the action plan.

          The Board was further advised on the Shoreline Management Plan and the Surface Water Management Plan (SWMP). With regard to the Surface Water Management Plan Halton had been granted £100,000 for the development of an SWMP for Widnes and work was now underway to establish partnerships and identify the scope of the SWMP study.

          The report also set out the implications for the transfer of responsibility for private sewers. From 2011 all private sewers that drained to public sewers would become the responsibility of the statutory water and sewerage companies. The report also outlined the sustainable urban drainage systems approach to drainage which was intended to reduce flood risk and restore natural flows to ground water and water courses which would in turn reduce pollution, improve water resources and enhance the amenity of developed areas. The Flood and Water Management Act established SUDs approval bodies (SAB) with the responsibility for approval, adoption and future maintenance systems.

          It was noted that prior to the recent elections, DEFRA had stated that they were fully committed to fully funding the net new burdens imposed on Lead Local Flood Authorities (LLFA’s). It was hoped that this position at least would be maintained, if not improved upon, but the Government’s planned cuts in public expenditure may have an impact in this regard and further developments were awaited.

          DEFRA had estimated that the transfer of private sewerage to statutory water companies would produce savings to local authorities estimated at £50m and this saving would fund the majority of costs in undertaking new duties. Whilst DEFRA maintained that this was a conservative estimate, the LGA disputed this figure and say that dealing with private sewerage problems and issues was much less. DEFRA had agreed that, together with the LGA, they would jointly monitor the situation and would keep costs and assumptions under review, addressing any shortfalls that arose.

          It was also noted that funding had been made available by the Environment Agency to jointly fund a post that would take on a co-ordinating and advising role across LLFAs within an area, working together with partner authorities on flood related matters. Together with other Merseyside authorities, Halton would contribute £5,000 towards the cost of this post.

          RESOLVED: That

          1) the new duties imposed on the Council as a Lead Local Flood Authority and the financial and resource implications associated with them be noted; and

          2) the Executive Board be requested to consider the financial and resource implications of the Flood and Water Management Act for Halton, including DEFRAs proposal to provide Area Based Grant to assist with the carrying out of its new duties.