Agenda item

Report of Strategic Director – Planning, Housing and Economy

Summary

To consider arrangements being put in place locally to implement the Flood and Water Management Act 2010 and to facilitate essential, consequential, decisions about Council services and staffing (land drainage element of the engineering function).

Recommendations

The Executive is recommended to:

(1)   Note the implications of the Flood and Water Management Act as set out in the report.

(2)   Inform the County Council as Lead Local Flood Authority (LLFA) that, for the reasons set out in the report, it is unable to take up their offer of a formal, but unfunded, agency agreement that would allow Cherwell District Council (CDC) to operate on behalf of the LLFA in Cherwell.

(3)   Additionally inform the County Council that CDC will not be in a position to maintain its existing in house land drainage staff expertise and information systems under the terms of the new arrangements and that the district councils “duty to co operate with the LLFA” included in the Act will implemented solely through:

·        Local Planning Authority (LPA) consultation on planning policy and development control

·        Provision of any local information or knowledge currently collated or coming to hand in the future

·        Potentially, consideration of making an offer of capital funding contributions towards flood defence works required for the District (these to be planned, designed and implemented by the LLFA and the bodies responsible for main rivers)

            All other work on land drainage and flooding will cease.

(4)   Instruct the Strategic Director (Planning Housing and Economy) to report to Personnel Committee on, and implement, the necessary staffing changes arising from these decisions on the FWMA and also from earlier changes to the workload of Cherwell’s engineering service (as noted in the report).

(5)   Initiate work with the County Council to provide public and partner information to explain the rearrangement of functions, and new local responsibilities and contacts under the FWMA.

Recommendations Approved

The Strategic Director Planning, Housing and Economy submitted a report to consider arrangements being put in place locally to implement the Flood and Water Management Act 2010 and to facilitate essential, consequential, decisions about Council services and staffing (land drainage element of the engineering function). Members noted the significant contribution the Head of Building Control and Engineering Services and his team had made to the district both in terms of knowledge and the delivery of benefits to the community.

Resolved

(1)   That the implications of the Flood and Water Management Act  (FWMA) be noted.

(2)   That the County Council as Lead Local Flood Authority (LLFA) be informed that, for the reasons set out in the report, it is unable to take up their offer of a formal, but unfunded, agency agreement that would allow Cherwell District Council (CDC) to operate on behalf of the LLFA in Cherwell.

(3)   That the County Council be informed that CDC will not be in a position to maintain its existing in house land drainage staff expertise and information systems under the terms of the new arrangements and that the district councils “duty to co operate with the LLFA” included in the Act will implemented solely through:

·        Local Planning Authority (LPA) consultation on planning policy and development control

·        Provision of any local information or knowledge currently collated or coming to hand in the future

·        Potentially, consideration of making an offer of capital funding contributions towards flood defence works required for the District (these to be planned, designed and implemented by the LLFA and the bodies responsible for main rivers)

            All other work on land drainage and flooding will cease.

(4)   That the Strategic Director Planning Housing and Economy be instructed to report to Personnel Committee on, and implement, the necessary staffing changes arising from these decisions on the FWMA and also from earlier changes to the workload of Cherwell’s engineering service.

(5)   That work with the County Council be initiated to provide public and partner information to explain the rearrangement of functions, and new local responsibilities and contacts under the FWMA.

Reasons

New statutory arrangements for the local authority role in managing flood risk and responding to flooding problems and issues are included in the Flood and Water Management Act 2010 (FWMA).  It is expected the relevant provisions of the Act will be fully enacted from 1 April 2011.  The County Council will become the LLFA for Cherwell and will receive additional financial resources in its Government grant settlement to perform this function.  District Councils will no longer have an independent statutory role in this field of activity.  They will still have a duty to co operate with the LLFA (e.g. in respect of planning powers or provision of local information), and, potentially some concurrent powers to take action to enforce riparian (watercourse) owner responsibilities or implement land drainage works that fit with the policies and priorities of the LLFA.

Options

Option 1      To decline the County Council’s Agency offer and direct all future service requests to the LLFA

Option 2       To make 2011/2 budget provision for an Agency (growth item).