Development and Flood Risk

Expectations for climate change indicate that sea and river levels are likely to continue to increase. Flooding from rivers and coastal waters is a natural process that plays an important role in shaping the natural environment and the built environment needs to respond to the new risks of flooding which are likely to increase during the lifetime of planned developments.

Developers are therefore required to give due consideration in preparing their proposals not only to the risk of flooding on their development, but also to the risk the development may pose to others in the surrounding area who may be put at risk of flooding as a direct or indirect result of that development proceeding.

National Guidance

Government Guidance is set out in Planning Policy Statement 25 (PPS25) – ‘Development and Flood Risk’. The aims of the policy are to ensure that flood risk is taken into account at all stages of the planning process, in order to avoid inappropriate development within areas at risk of flooding, to steer development away from areas of highest risk and where possible to reduce flood risk overall. The Environment Agency is given the principle role in delivering these objectives and is seen as a key partner in any development where flood risk issues are raised.

A risk - based sequential test is applied at all stages in order to steer new development to areas of lowest risk. The Environment Agency Flood Zone Maps identify the probability of flooding in all areas with Zone 1 being at the least risk (low probability), rising to Zone 3a (High Probability) and Zone 3b (the Functional Floodplain). Allied to this, the guidance identifies the Flood Risk Vulnerability Classification of a range of uses. Where the sequential test indicates a sensitive use cannot be located in an area of lower flood risk, an Exception Test will be applied whereby the developer must establish that the development provides wider sustainability benefits to the community and that the development will be safe.

A Flood Risk Assessment (FRA) informs the decision-making process and is required to be submitted on all significant developments in areas where a flood risk exists. Detailed guidance on when a FRA is required is available from the Environment Agency (see ‘Useful Links’ section below). The minimum requirements for a FRA is that it:

  • should be proportionate to the risk and to the scale of development,
  • considers risk of flooding arising from the development as well as the risk of flooding to the development,
  • takes account of the impacts of climate change,
  • is undertaken by a competent person
  • considers adverse and beneficial effect of flood risk management, including infrastructure improvements to flood defences,
  • considers measures to provide safe access for future occupiers,
  • considers how the ability of water to soak into the ground may change as a result of development,
  • considers the effects of historic flooding events on people, property, and the natural and historic environment, and
  • is supported by appropriate data and information.

Policies and plans in Waltham Forest

Under the provisions of PPS25, the Council will be undertaking a Strategic Flood Risk Assessment (SFRA) as part of its Local Development Framework. The SFRA will be used to inform core policies by identifying the type and extent of flooding in the Borough and formulating policies to tackle this.

The Waltham Forest Unitary Development Plan (2006) remains currently the statutory development plan for the Borough. Policy WPM25 sets out current policy and is generally reflective of the advice in PPS25.

Any planning application for development within a Flood Zone not supported by a FRA is likely to be invalid and delayed, and any application with an inadequate or incomplete assessment is likely to be refused permission.

Useful links

Below are links to relevant pages providing important advice on flood risk and related issues. Select from the following:

Communities and Local Government

Planning Policy Statements and other relevant Government guidance can be viewed and downloaded from this site:

Some specific links for flood risk advice and information on the CLG website include:

Planning Policy Statement (PPS25), 'Development and Flood Risk' (2006), sets out Government policy on development and flood risk:
www.communities.gov.uk/publications/planningandbuilding/pps25floodrisk

A draft accompanying Practice Guide offers guidance and good practice case studies on how to implement PPS25. (Comments on the draft document have to be submitted to Communities and Local Government by 20 August 2007):
www.communities.gov.uk/planningandbuilding/planning/planningpolicyguidance/planningpolicystatements/planningpolicystatements/pps25/

Circular 04/06, The Town and Country Planning (Flooding)(England) Direction 2007, sets out the requirements of the Town and Country Planning (Flooding)(England) Direction 2007. The Direction, which came into force on 1 January 2007, is annexed to the Circular:
www.communities.gov.uk/publications/planningandbuilding/circularcommunities3

Environment Agency

General advice and information can be obtained from the Environment Agency’s website: www.environment-agency.gov.uk

The Agency encourages developers to make early contact to seek pre- application guidance on their proposals and a pre-planning enquiry form (V1) is available on the above website.

A developers’ pack providing more detailed advice on consultation with the Agency is available at http://www.environment-agency.gov.uk/developers

New standing advice on consultations has been produced, identifying whether consultation with the Agency will be required and whether a FRA will be required. This can be viewed at www.pipernetworking.com

To find out if your development site lies within a Flood Zone, you can view the Flood Map at www.environment-agency.gov.uk/maps/info/floodmaps