Report to the Cabinet Member for Environment, Planning and Cultural Services
Report submitted by: Director, Community Services
Date: November 2015
Part I - Item No.
Electoral Division affected:
Rossendale South
Meadow Park, Irwell Vale Flood Risk Management Scheme: Capital Programme
(Appendix 'A' refers)
Contact for further information:
Ian Welsby, 01772 531448, Flood Risk Management,
ian.welsby@lancashire.gov.uk
Executive Summary
This report refers to the earlier decision on 21st May 2015 in which the Cabinet
Member for Public Protection and Waste:
i) approved the addition of a project totaling £115,000 to the 2014/15 Capital
Programme in order to deliver the flood risk management scheme at Meadow
Park, Irwell Vale,
ii) authorised that the flood risk management function of the authority should
be exercised on the basis that the proposed works are desirable under the
Strategy under the Flood and Water Management Act 2010,
iii) approved that agreements be entered into with all owners of properties
affected to exclude liability of the authority for the fullest extent permitted by
law for any future flooding of the said properties and the Director of
Governance, Legal and Public Services be authorised to agree the detail of
and enter into such agreements and that only once all agreements are
completed, the works then be carried out, and;
iv) authorised that a Notice under s62 and s64 Land Drainage Act 1991 be
issued by the Director of Governance Finance and Public Services should
agreement not be reached with the landowners for the placing of the pump
and pipework and control box at or near the locations shown on the plan
attached at Appendix 'A'.
This report seeks that elements of the decision made in May 2015 be changed in
light of new information and that approval to add the project to the 2015/16 capital
programme rather than that of 2014/15; that the seeking of agreements referred to
in iii) above be dispensed with and that Notice under under s62 and s64 Land
Drainage Act 1991 be issued even though agreements have been made.
Recommendation
The Cabinet Member for Environment, Planning and Cultural Services is
recommended to confirm the decision of 21 May 2015 save that the project be
added to the 2015/16 capital programme rather than that of 2014/15 and that the
agreements sought be no longer sought and Notice to Enter be issued as set out
belowi)
approve the addition of a project totalling £115,000 to the 2015/16
Capital Programme in order to deliver the flood risk management scheme
at Meadow Park, Irwell Vale,
ii)
approve that the scheme can proceed without seeking agreements to
exclude liability with the property owners in the event of an flooding
incident;
iii)
authorise that Notices under s62 and s64 Land Drainage Act 1991 be
issued by the Director of Governance Finance and Public Services to
enter land as a procedural step
This decision should be implemented immediately for the purposes of Standing
Order 34 (3) as any delay could adversely affect the execution of the County
Council's responsibilities. The reason for this is to enable the County Council to
immediately release allocated funding from the 2015/16 Capital Programme, which
will allow for works orders to be raised to procure the drainage pumps (6 weeks
delivery), & allow for scheme completion as soon as practicably possible, before
the onset of the flood risk to 28 residential properties posed by extreme storm
events.
Background and Advice
This report refers to the earlier decision of 21st May 2015 in which the Cabinet
Member for Public Protection and Waste:
i) approved the addition of a project totalling £115,000 to the 2014/15 Capital
Programme in order to deliver the flood risk management scheme at Meadow Park,
Irwell Vale,
ii) authorised that the flood risk management function of the authority should be
exercised on the basis that the proposed works are desirable under the Strategy
under the Flood and Water Management Act 2010,
iii) approved that agreements be entered into with all owners of properties affected
to exclude liability of the authority for the fullest extent permitted by law for any future
flooding of the said properties and the Director of Governance, Legal and Public
Services be authorised to agree the detail of and enter into such agreements and
that only once all agreements are completed, the works then be carried out, and;
iv) authorised that a Notice under s62 and s64 Land Drainage Act 1991 be issued
by the Director of Governance Finance and Public Services should agreement not be
reached with the landowners for the placing of the pump and pipework and control
box at or near the locations shown on the plan attached at Appendix 'A'.
Details of the project were set out in the report of May 2015.
The project has not yet been commenced. Various matters decided in May are
asked to be reconsidered in light of further advice and considerations as set out in
the recommendation.
The project has been delayed and its addition into the capital programme for
2015/16 is now sought.
In addition, the Cabinet Member for Public Protection and Waste felt that it was
appropriate that agreements be sought as set out in iii) above but this is now
considered not feasible as detailed below
The protection for the Authority from a Notice under s62 and s64 Land Drainage Act
1991 is important and even though agreements have been made with landowners
the issue of a Notice is still considered appropriate.
Based on the advice of the County Council's legal service an agreement with every
single one of the 28 residential properties in the Meadow Park development is not
considered to be reasonably feasible. This has been carefully considered and further
research done. Although the initial requirement for such agreements is not thought to
be feasible it is advised that the authority's defence against claims would be arguably
good in any event. . The pump arrangement is proposed to replace an existing pipe
arrangement and therefore the risk of flooding as a direct result of the pump being
insufficient is minimal. It is advised that the overall risk of flooding will be reduced
and that should flooding occur it is likely to be the result of surface water runoff and
groundwater from the surrounding land exceeding the capacity of the upstream
drainage system, none of which the pump is designed to deal with. The residents in
that location have been told of the pump's limits and capabilities and no
representations have been made saying the pump will solve all flooding.
Providing that the pump is maintained in accordance with the manufacturers
requirements it is difficult to see how LCC could be held liable for future flooding
events.
In light of the above it is advised that the project proceed as originally agreed in May
but without seeking agreements with a large number of property owners to exclude
liability of the authority in the event of an flooding incident.
The project is advanced in design and agreements have been reached with
landowners for the placing of the pump and associated pipework but it is advised
that the issuing of Notices to Enter Land under s62 and s64 Land Drainage Act
1991 is preferred as a usual procedural step to protect the authority and even though
agreements have been made with landowners as hoped for, the issue of Notices is
still considered appropriate.
Consultations
Lancashire County Council has consulted with the Environment Agency (EA), United
Utilities (UU), Parish Council, and the residents of Irwell Vale with regard to reducing
the flooding issues. In addition to the provision of the new pump, other flood
protection measures have previously been provided by the EA to protect the
properties from fluvial flooding by the River Irwell.
Implications:
Financial
The project costs of £115,000 will be fully funded by Defra grant. There are no
financial implications for the County Council.
On completion of the works, following testing of the system, the future maintenance
and any associated pump renewal costs will be assisted by an allocation of £15,000
within the overall grant funding, and it is proposed that Lancashire County Council
will provide the maintenance function.
Consideration has been given to passing future maintenance monies and associated
liabilities to an appropriate community body. An appropriate body would normally be
the local Parish Council, unfortunately no Parish Council exists in this area of
Lancashire.
The Irwell Vale and Lumb Residents Association as an unincorporated body does
not have means to cover any future expenditure beyond the allocated maintenance
fund. It is considered that in this case, the county council is the most appropriate
body to take on the maintenance arrangements of the pump.
The Authority has funding allocated which is able to be used to meet any
compensation costs if claimed by the owners of the land where the pump and
pipework need to be located.
Should future maintenance of the flood alleviation system require any additional
funding beyond the £15k allocated, this would have to be found from within the
County Council's revenue budget.
Risk Management
28 residential properties at Meadow Park, Irwell Vale have suffered internal flooding
as a result of surface water not being able to discharge into the River Irwell during
extreme rainfall events. The implementation of this scheme will ensure that a
significant volume of surface water will be adequately removed from the system and
therefore reduce the overall flood risk to the properties.
The property owners appreciate that flood risk cannot be eliminated completely and
in the event of flooding in the future they will look to their own insurance position.
Claims against the authority will be unlikely to succeed given the representations
being made about the system.
If the scheme is not implemented then the present flood risk from surface water to
these properties will remain.
Although agreement to this report would mean the county council will take
responsibility for the maintenance of the pump, the county council will seek to ensure
that it is not taking responsibility or liability for the consequences of flooding of
property should there be flooding when the pump fails or even with the pump
operating as designed.
Legal
Legal powers relating to this Scheme are detailed earlier in the report.
Primary responsibility for maintenance will remain with the county council.
List of Background Papers
Paper
Date
The Strategy under the Flood
and Water Management Act
2010
Reason for inclusion in Part II, if appropriate
N/A
Contact/ Service/Tel
Ian Welsby,
Highways Service
01772 531448