AGENDA ITEM NO 6
ENVIRONMENT AND REGENERATION SCRUTINY COMMITTEE
26 OCTOBER 2005
REPORT FROM CHIEF HOUSING AND PUBLIC PROTECTION OFFICER
AND CHIEF TRANSPORT AND ASSET MANAGEMENT OFFICER
CONTAMINATED WATER AND DRAINAGE ISSUES
PURPOSE OF THE REPORT
For Members to consider a review of the current strategy regarding public sewers,
private drains, surface water drainage, highway drainage and land drainage. To
consider the proposals for a more sustainable approach to encourage joined up
partnerships and strategic planning between those with responsibilities for the urban
and rural drainage network.
INFORMATION
1
Recent structural changes within the local authority have highlighted the need to
review existing arrangements with regard to contaminated water and drainage.
It is clear that since the loss of the Sewerage Agency in 2000 and subsequent
communication difficulties with a variety of Welsh Water contractors – much
local knowledge has been lost. This has led to an increase in the level of
complaints and loss of public confidence in both Welsh Water and the Council.
2
Climate change and new development has raised the potential risk of flooding in
a number of areas of the County Borough. The focus of this report is on
sewerage systems, however, any improvements to existing strategies must also
include consideration of land drainage, ground and surface water issues and the
mechanisms in place to reduce the potential for incidents of flooding,
contamination and pollution.
Background
3
The Problems and the Solution
3.1
Inconsistency of Approach and Response
There does not appear to be a clear strategic approach with regard to the impact
that development within the County Borough may have on drainage systems.
This can result in the problems that infill developments may cause to piped
systems and the impact of larger scale development, contributing to land
drainage systems and river networks becoming overloaded.
Mechanisms for consultation regarding guidance provided by Welsh Water and
the Environment Agency for the County Borough, which would allow the
Council to consider new development proposals in conjunction with the
drainage systems, are underdeveloped.
Concerns regarding drainage issues have been highlighted by Members and
residents in a number of areas across the County Borough and in particular the
areas of Coedpoeth, Caia Park and Gwersyllt. Efforts by Officers in conjunction
with Welsh Water and the Environment Agency are continuing through a
number of Departments, often acting under different disciplines and concerns
and not sufficiently joined up.
3.2
Limited Budgetary Funding
Cash limited budgets provide restricted staff time for investigation and response
to incidents received by Public Protection. Land Drainage issues arising from
flooding incidents are covered within Transport and Assett Management
budgets but to an advisory level only. Departmental responsibilities for
operation and maintenance of facilities/premises/land are within current
budgets. New provision is being requested through the Capital budgeting
bidding process as required.
3.3
The Way Forward
Officers are concerned, as development and climatic change increases, that a
worsening situation of flooding incidents could arise affecting local business
and residential areas of the County Borough.
3.4
A more strategic and planned way forward is required, in conjunction with
Welsh Water and the Environment Agency, to prepare for these changes.
3.5
It is therefore considered that, the Transport and Asset Management Department
provides a responsible unit to co-ordinate and plan for future growth and
increased water flows arising from future development. It is felt, that the
Department, as asset manager for the built environment, should lead on this
issue with the Public Protection Service undertaking its regulatory and
enforcement role.
2
Close links with other bodies will be established by partnership arrangements
and reporting procedures.
It is suggested that a Working Group of Officers, with relevant Member
involvement, be charged with reviewing current policies and strategies to coordinate, with partnering authorities, a long-term strategy for drainage systems
within the County Borough.
Similarly, a review of the current response actions by all involved in flooding/
drainage incidents be undertaken, resulting in a clear contact point being
established for such incidents within the Council.
Members should be mindful that such incidents, although severe, are minor and
not part of the Council's main Emergency Procedures currently in place.
It will be necessary to establish a budgetary revenue stream and staffing for this
unit allowing for reactive action with minor remedial works, as required. This
will become clearer in due course, should Members consider this proposal as
viable and worthwhile.
RECOMMENDATION
That Members support the following actions:
The Chief Transport and Asset Management Officer lead the establishment of a
responsible unit to co-ordinate and plan for future growth and the increased
water flows arising from future development. Set up a Working Group to
further develop the liaison between Welsh Water, Planning, Environment
Agency and other agencies to ensure all drainage issues are fully considered and
controlled with regard to new developments at the planning stage.

The Chief Environment Officer to lead the co-ordination of the response to
incidents with a clear contact point for public, business and other agencies. The
loss of the Welsh Water contract in 2000 had led to a loss of knowledge and
flexibility in dealing with such incidents.

The Chief Housing and Public Protection Officer to lead the development of a
Flood Risk Register of properties across the County Borough with a view to
developing a strategic way forward with regard to agreeing with Welsh Water
allocation of funding for the remediation/replacement of defective foul and
surface water drainage systems over the longer term.

Further development of the partnership role between Wrexham County Brough
Council, Welsh Water, Environment Agency and other external agencies.
3

Development of protocol to assist and encourage the adoption of private sewers
and drains.

Development of protocols for keeping Local Members and residents better
informed.
BACKGROUND PAPERS
None.
WEBSITE INFORMATION
None.
Report Ref: CHPPO/142/05S
4
Background Paper
1
A structure chart Appendix A illustrates current responsibilities regarding
contaminated water and drainage issues within WCBC.
1.1
Water Provision
Dee Valley Water supply potable water to all the County Borough. The
Housing and Public Protection Department currently monitor 300 private
water supplies annually across the County Borough. Close liaison is
maintained with the Environment Agency with regard to groundwater and
potable drinking water. The National Public Health Service and Health
Protection Agency are available to provide expertise and advice. The
River Dee which flows through Wrexham is a major drinking water
abstraction aquifer.
1.2
Public Sewers – Foul Water and Surface Water Systems
Adopted public sewers are the responsibility of Welsh Water and they
provide the operational, development and asset management service of the
system throughout the County Borough.
1.3
Highway Drainage
Wrexham County Borough Council, as Highway Authority, have the
responsibility for the operational, development and asset management
service of the system throughout the County Borough. The operational
provision is through the Environment Department which provide reactive
and routine maintenance.
Transportation and Asset Management
Department are responsible for development and asset management of the
system.
1.4
Land Drainage
Drainage systems lying within the ownership of individuals or
landowners, eg the Council, Health Trust etc have the responsibility for
the maintenance and upkeep of that system. Wrexham County Borough
Council, as Local Authority for the drainage area, have powers under the
Land Drainage Act 1991 to maintain, improve or construct new works to
ensure the effective drainage of the area. Powers are also available to the
Council for serving notices on the landowners to ensure that drainage
systems are maintained. This is provided by the Transport and Asset
Management Department.
1.5
Private Drainage
Private drainage is the responsibility of the user(s) until it reaches a
disposal point into a public system or a land drainage system.
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2
Drainage – Local Issues
The former Public Protection Department, now the Housing and Public
Protection Department, have received increasing amounts of correspondence
and complaints regarding drainage problems following the loss of the sewerage
agency in 2000.
In some cases the Housing and Public Protection Department has investigated a
problem only to find that the whole private/public sewer network in an area is in
a poor condition. Existing legislation limits the action Officers are able to take
which means addressing only that part that is causing the immediate problem.
Frequently Officers find that they return to the same general areas time and
again. This is an ineffective and unsatisfactory use of resources leading to
growing disquiet amongst residents in these areas.
Problems are exacerbated by poor records where information is old, may have
been lost or destroyed. In addition some public sewer records are incomplete or
inaccurate.
Drainage problems associated with public/private sewers and drains often
extend beyond the immediate vicinity of the pipes themselves. For example,
Officers are aware of inflows of surface water and infiltration of ground water
leading to surcharging of sewers and highways drains during incidents of
particularly heavy and prolonged rainfall.
In many cases the affordability of measures to resolve problems may go beyond
the means of individuals and resident groups.
3
Improved Partnership Working with Welsh Water and Other Agencies
There are new opportunities for closer working relationships with Welsh Water
and the Environment Agency. Welsh Water is actively seeking closer working
relationships with local authorities in England and Wales. The Company is
making available significant resources to invest in the long term remediation of
parts of the sewer network prone to repeated failure leading to serious flooding
of property.
In the last 12 months, Welsh Water has made major changes and improvements
to the structure of their organisation. Works contracts for drinking water and
sewerage are now fifteen year contracts in order to develop long term
relationships to improve the knowledge and effectiveness of the workforce (eg
United Utilities/Daniels).
Welsh Water has network development consultants who are currently
developing links with planning authorities and developers in Wales. Welsh
Water have been involved in discussions regarding the UDP advising on areas
where major development would be beyond the capacity of current systems.
This has been done by using modelling to review the impact of different types of
development on the sewer network.
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4
Planning and New Development
Current Planning Policy Wales (PPW), states that water related issues should be
taken into account from an early stage in the UDP/LDP process of identifying
future land for future development or re-development. The adequacy of water
supply and sewerage infrastructure are material planning considerations in
determining planning applications and appeals.
PPW states: 'In determining applications for development, local planning
authorities should work closely with the Environment Agency, drainage bodies,
sewage undertakers, prospective developers and other relevant authorities to
ensure that surface water run-off is to be controlled as near to the source as
possible by the use of sustainable urban drainage systems, (SuDS) and ensure
that development does not:

Increase the risk of flooding elsewhere by loss of flood storage or flood
flow route; or

Increase the problem of surface water run-off.'
PPW emphasises that the planning system has a key role to play in the delivery
of sustainable infrastructure.
Technical Advice Note (TAN) 15 'Development and Flood Risk' (July 2004) is
read in conjunction with PPW and supplements the policy in relation to
development and flooding. It highlights that in cases were conventional
drainage systems will not improve situations or creates a negative impact, this is
a valid reason for refusal. Planning authorities can include conditions obliging
developers to examine the SuDS option and that developers will need a good
reason why SuDS cannot be implemented.
The WCBC Planning Guidance Note 22 'Sustainable Building' (July 2004)
advises developers to 'Limit the supply, use and demand for water. Consider
foul and surface water drainage at the earliest stages, eg establish the suitability
of using Sustainable Drainage Systems (SUDS) to control flooding and
pollution'.
A protocol agreed by DEFRA, the then Department of Transport, Local
Government and the Regions, the Welsh Assembly Government, the House
Builders Federation and Water UK called for all new sewers to be constructed to
a standard, which would not preclude them from adoption, by the sewerage
undertaker.
Under Part H1 of the Building Regulations, Building Control Bodies administer
the Building regulations and have statutory powers to check, approve and
inspect all new private drains and sewers. Building control bodies are required
to consult with the sewerage undertaker in accordance with agreed protocols.
Under Sewers for Adoption, the water industry guidance for developers
recommends that sewers be inspected by an engineer and certified before they
can be vested in the sewerage undertaker.
7
Under the Highways Act, highways intended for adoption are subject to vetting
and inspection by the Highway Authority and the drainage systems for the
highway and footways are included in this.
Additional developments can add considerable flows to existing public and
private systems, which are already, either at or near capacity or in such poor
condition the additional flows cause system failure. A developer can construct a
development, leaving a connection for a future development to drain through.
Advice on these issues, together with others, is offered to prospective
developers through a Development Team Approach (DTA) process. This
process offers the opportunity to resolve problems early in the development
stage.
5
Adoption of Private Drains/Sewers
The current arrangements in England and Wales for the ownership and
maintenance of private sewers and drains has led to a number of problems
experienced by owners and others. In November 2001 the Department of
Environment Food and Rural Affairs (DEFRA) appointed consultants to
undertake a research contract to review and consider problems associated with
existing private sewers and drains. The owners of private sewers and drains are
often unaware of their liability until a problem arises regarding its maintenance
and have a poor understanding of their rights and responsibilities.
Sewers and drains have a finite design life and problems regarding repair and
maintenance occur each year. Examples include the situation of a householder
being responsible for the full cost of repairs to a drain running under a public
highway and cases where a shared private sewer requires major renewal but
difficulties arise because of lack of co-operation between all of the owners.
Currently, local authorities have powers to carry out repairs in default where
there is a potential risk to public health or a nuisance, or where a drain or sewer
is allowing ponding or effluent. This intervention is often a last resort when
householders cannot agree on a solution to their private sewer problems. It is
reactive rather than proactive. Under Sections 59 and 99 of the Building Act
1984 local authorities can only deal with individual problems. It is more
difficult to undertake additional work to produce more sustainable, long-term
solutions without additional technical capability/resources and agreement with
landowners and householders.
Section 144 of the Water Industry Act 1991 enables sewerage undertakers to
investigate certain problems with private sewers and drains. It does not give
powers to undertake or enforce any required repairs or renewals.
The Water Act 2003 includes an enabling power to allow the Welsh Assembly
Government to require undertakers to exercise their existing powers to adopt
private sewers. This power will only be used if the final decision on the future
of private sewers makes it appropriate to do so. Consultation on this matter is
continuing. The Government agrees that there is a clear case for action to be
8
taken to resolve the problems associated with private sewers and acknowledges
that the transfer of ownership of private sewers to sewerage undertakers may
provide a comprehensive solution.
In the long term it would seem appropriate for the ownership of private drains
and sewers to be transferred to the sewerage undertaker. This would allow
better management of the sewer network, asset condition monitoring and
investment planning. It would enable more effective responses to down stream
flooding and pollution and address local network problems in a prioritised
manner.
6
Adoption of Existing Lateral Drains
A lateral drain is part of an individual house drain or private sewer, which is
situated outside the curtilage of the property (including highways) in order to
connect with a public sewer. The Government agrees that lateral drains cause a
great number of private sewer problems. The Water Act 2003 includes
legislation to allow the adoption of new laterals. Sewerage undertakers may be
willing to adopt laterals built before this date if they have been built to an
adoptable standard. In most cases the main obstacle is their poor condition.
Property owners would have to pay significant costs to bring the drain/sewer up
to an adoptable standard.
7
Land Drainage including Surface Water and Highways Drainage
In addition to private sewers, some property owners also have responsibility for
piped watercourses (rivers, streams, ditches, drains, cuts, culverts, dikes sluices
and passages) that lie within their boundaries of ownership. Classification and
ownership/maintenance disputes occur where the pipework contains both sewer
discharges and natural water flows. The Government recognises the need for
better integration of drainage management, especially in urban areas,
Consultation Making Space for Water was carried out in 2004, which sought
views on how best to encourage joined up partnerships and strategic planning
between those with responsibilities for different aspects of urban drainage and
flood risks.
Land drainage responsibility falls under the riparian landowner. Wrexham
County Borough Council’s Transport and Asset Management Department has
duties and powers under the Land Drainage Act as stated in 1.4.
There is no revenue budget allocated to the Department to administer this but
limited costs of enforcement are absorbed within the Division’s cash limited
budget. There is no finance available to maintain or improve the land drainage
network within the County Borough. This is limited to opportunities offered
under grants made available from WAG for new works only.
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8
Flooding Issues
Emergency planning have procedures in place and specifically in Bangor on Dee
and Rossett/Almere areas with links to Welsh Water, Environment Agency and
their flood warning system.
Wrexham Construction Services and other Council services respond at times of
flooding affecting properties and businesses. At such times as storm conditions,
it is difficult to ascertain the cause of the problem, be it emanating from
highway drainage, public sewer, private drain or land drainage.
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Appendix A
C
CHPPOPu Public Protection
-
-
CTAMO
Highway Maintenance
- - stEngineering Services- re- p------ Strategic Planning - --- s--
CE CEO
Hi Highway Works
-o-b- re-
CP CEO
receives incident/complaint from public and external
agencies and has statutory powers to investigate.
- Notifies relevant body, WCBC/WW/EA/landowner
of responsibility and provides information and advice
on required action
- administers enforcement action under relevant
legislation e.g. Building Act 1984, EPA 1990 S 80
Statutory Nuisance
- staff budget allocated
responsible for highway drainage planning and
management
staff budget allocated/£
(05/06 works budget)
responsible for land drainage
policy, planning and duties and responsibility under
Land Drainage Act
new schemes
no staff budget allocated
responsible for highway culverts
staff budget allocated
operation and maintenance of highway drainage
works
budget allocated
reactive response to incidents – recharged to
responsible body or WCBC department holding land
ownership eg CHPPO/CCLRO
De Development Control- n -
new development assessment under the Town and
Country Planning Act – EA/WW/CTAMO/CHPPO
consultation
Pla Planning Policy
-- -
strategic development within the County Borough
Bu Building Control
-d-
development control under Building Regulations
Each Chief Officer holding land and drainage systems for their facilities has operational responsibility
and budget allocated.
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