AGENDA ITEM NO: 8
REPORT TO:
REPORT OF:
REPORT NO:
DATE:
Environment and Regeneration Scrutiny Committee
Chief Legal and Democratic Services Officer
CLDSO/10/10
Wednesday 24 February 2010
CONTACT OFFICER: Tracy Davies (Tel: 01978 292258)
SUBJECT: Surface Water/Flooding Scoping Report
1. PURPOSE OF THE REPORT
1.1 To consider the scope for the Committee’s consideration of the issue of surface water/flooding, which was one of the issues identified at the Scrutiny
Work Programme Planning Workshop on 16 July 2009.
2. SUMMARY
2.1 At the meeting of the Committee which was held on 25 November, 2009, it was agreed that the Scrutiny Facilitator present a scoping report to Committee in February 2010 to consider how the Committee would carry out a review of the issue of Surface Water/Flooding, highlighting the various Departments
(including external bodies) involved and to consider areas of questioning for subsequent meetings.
2.2 Paragraphs 4.4 to 4.8 set out the responsibilities of the various Council
Departments and external bodies in respect of flood risk, flood defences, surface water and drainage issues.
2.3 This is not the first time that the Committee has considered the issue of flooding. Paragraph 4.9 lists the actions which were supported by the
Committee following the review of policies relating to localised flooding
(October 2005). In terms of identifying problem areas and how we might best control them, one of the recommendations was that the Chief Housing and
Public Protection Officer to lead the development of a flood risk register of properties across the County Borough. The Chief Transportation and Asset
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Management Officer was to develop 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.
2.4 The suggested Scope for the review is outlined in of the report. In view of the fact that there has been a previous review, in paragraphs 4.16 and 4.17 is suggested that an initial report deal with the progress made following the actions which were supported by the Committee in October 2005.
3. RECOMMENDATION
3.1 To consider the scope for the consideration of the issue of Surface
Water/Flooding as suggested in paragraphs 4.16 and 4.17 of the report
4. INFORMATION
Background
4.1 On July 16 th , the Council hosted a work programme planning workshop to invite views on possible future issues for scrutiny in the forthcoming year. All
Members were invited to attend the workshop, along with representatives of the Council’s Local Service Board partner organisations.
4.2 The outcomes were reported to each of the Scrutiny Committees in
September 2009 to enable them to consider whether or not to incorporate some or all of the issues into their future work programmes. This Committee, at its meeting held on 23 September 2009, agreed to include the issue of
Surface Water/Flooding. With the changing climate Members felt that this would become a critical issue in the future. It was felt that scrutiny could play a part in identifying problem areas and how we might best control the problems. It was also felt that the involvement of, and partnership with, the Environment Agency was vital .
4.3 At the meeting held on 25 November, 2009, it agreed that the Scrutiny
Facilitator present a scoping report to Committee in February 2010, highlighting the various Departments (including external bodies) involved and to consider areas of questioning for subsequent meetings.
Responsibility for Surface Water/Flooding
4.4 As reported to the meeting on 25 November 2009, this is a complex area with different departments having responsibilities for different aspects. This scoping report gives a brief outline of these areas to enable Members to consider which aspects they wish to focus on, e.g., flood prevention, flood risk, surface water flooding, etc.
It also outlines the Committees’ previous consideration of policies relating to localised flooding.
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Flood Risk
4.5 In England and Wales the Environment Agency operates a flood warning service in areas at risk of flooding from rivers or the sea. Using the latest available technology, the staff monitor rainfall, river levels and sea conditions
24 hours a day and use this information to forecast the possibility of flooding.
The Committee has previously received a presentation from the Environment
Agency, although some time ago (April 2002) outlining its role, operation, funding and expenditure, in particular for the Wrexham County Borough area.
4.6 The following are some key issues:-
 in the majority of instances the Agency only has responsibility for main rivers (and a general supervisory role for drainage. In addition, known problem "hotspots" were monitored and steps undertaken to identify who was responsible for the problem).

The Agency is consulted on planning applications and is responsible for ascertaining the effects of major developments on the drainage system.

The Emergency Planning Department together with officers from the
Environment Department work closely with the Environment Agency and
Dwr Cymru/Welsh Water in managing the risk of flooding. (Paragraph
4.9
below refers to the development of a Flood Risk Register).
Flood Defences
4.7 The Flood Risk Management Committee is an executive committee of the
Environment Agency that delivers flood risk management in Wales. There are
18 members; 8 appointed by Welsh Assembly Government, 8 appointed by
WLGA and 2 appointed by Environment Agency Wales. Councillor Mike
Edwards is currently a member of this Committee.
Surface Water/Drainage
4.8 At the meeting held on 26 October 2005, the Environment and Regeneration
Scrutiny Committee considered the issue of flooding within the County
Borough and the collaborative approach in dealing with such matters. The following information is taken from the background paper which was submitted with the report and sets out the responsibilities with regard to drainage Issues:-
(I) 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.
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(ii) 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.
(iii) Highway Drainage
Wrexham County Borough Council, as Highway Authority, has 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.
(iv) Land Drainage
Drainage systems lying within the ownership of individuals or landowners, e.g. 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 (but no duty) 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 now provided by the
Environment Department).
(v) 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.
Actions following Review of Flooding/Drainage
4.9 As a result of the report which was submitted to the Environment and
Regeneration Scrutiny Committee on 26 October 2005 (referred to above),
Members supported the following actions:-

The Chief Transportation and Asset Management Officer lead the establishment of responsible units to co-ordinate and plan for future growth and the increased water flows arising from future developments.

A Working Group be set up 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.
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
The Chief Housing and Public Protection Officer to lead the development of a flood risk register of properties across the County Borough. Chief
Transportation and Asset Management Officer to develop 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
Borough Council, Welsh Water, Environment Agency and other external agencies.

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.

That a further report detailing the outcome of the review of policies be brought forward to the Committee in April 2006.
4.10 A presentation was subsequently given to Committee on 26 April 2006. The
Committee noted that there had been a delay in establishing a partnership role between the Council, Welsh Water and the Environment Agency (EA) and others due to the restructuring within the Transport and Asset
Management Department, new contacts for Welsh Water and changes in EA personnel. The Committee therefore agreed that a further report be submitted when more formal contacts had been established. Members also referred to the need to establish closer working partnership arrangement with Welsh
Water in order to resolve wider drainage issues.
4.11 On 28 March 2007, the Committee received a presentation from the
Environment Agency regarding their functions, responsibilities and the relationship with the Council. It was noted that the Environment Agency had a good relationship with the Council regarding Planning issues.
Flooding of Properties and Land within Wrexham County Borough
4.12 Members may recall the period of heavy rainfall in November last year which resulted in three flood warnings across North Wales, including lower Dee
Valley from Llangollen to Chester and the village of Bangor-on-Dee. Rainfall levels were reported to have been ‘the highest ever recorded in the UK’.
There are numerous other areas within Wrexham County Borough which are prone to flooding, in particular the areas of Gwersyllt, Coedpoeth, Caia Park.
Most recently, between 2006 and 2008 over £500k was allocated to flood alleviation works in Coedpoeth.
4.13 Members have expressed concern about the changing climate and that flooding could become a critical issue in the future and so have asked to bring this issue to scrutiny to consider identifying problem areas and how we might best control them.
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Floods and Water Management Bill 2009/European Directive
4.14
The Flood and Water Management Bill aims to provide better, more sustainable management of flood risk for people, homes and businesses, help safeguard community groups from unaffordable rises in surface water drainage charges and protect water supplies to the consumer. The following is a summary of the key provisions of the Bill:-

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




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The Bill will implement Sir Michael Pitt’s recommendations needing legislation following his review of the 2007 floods;
Responsibilities for managing all flood risks are clearly defined; Local
Authorities will have responsibility for surface water flooding – the first time this has been assigned in law;
Local people will have greater input to shaping local flood and coastal erosion risk management strategies;
Sustainable drainage systems must be considered for new developments and re-developments to help prevent surface run-off overloading the sewer system;
The sustainability duty that applies to the Environment Agency will be extended to the other bodies managing flood risk;
The safety of communities living in close proximity to reservoirs will be improved with modern, risk based regulation;
New powers will help water companies better control non-essential domestic uses of water during periods of water shortage;
The interests of water customers will be further protected through a special administration regime for water companies, in keeping with other utility sectors and
Water companies will be able to operate concessionary schemes relating to surface water drainage charges, thereby reducing the burden on community groups.
4.15 Consultation on the Floods and Water Management Bill was carried out between April and July 2009, including the European Commission drafted
Directive 2007/60/EC.
This Flood Directive applies to inland waters as well as all coastal waters across the whole territory of the EU. Transposition had to be completed by November 2009 and member states are now required to draw up a series of documents as follows:

Preliminary flood risk assessments are by 22 December 2011;

flood hazard maps and flood risk maps by 22 December 2013; and

flood risk management plans by 22 December 2015.
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SCOPE OF REVIEW
Terms of Reference
4.16 Detailed belo w for Members’ consideration are suggested terms of reference for the review

To consider the progress with regard to each of the actions supported by the Environment Scrutiny Committee following its previous review of localised flooding in 2005.

To consider the processes of identifying areas of flood risk and details of the Flood Risk Register, (to include what constitutes an area of ‘flood risk’)

To consider the measures which are put in place to address areas identified as a flood risk.

To consider the implications for the Local Authority in respect of the
Floods and Water Management Bill 2009, in particular future funding arrangements

To invite representatives of external agencies (Environment Agency,
Welsh Water) to attend to address any issues which may be raised during consideration of the afore-mentioned areas.
Anticipated Outcomes
4.17 Detailed below for Members consideration are the suggested outcomes from the review.

A better Member understanding of the roles and responsibilities of the various Council Departments and external bodies with regard to flooding, surface water and drainage issues

Increased awareness of Members and the public of areas at risk of flooding now and in the future.

Ensure that the Authority is prepared for the risk of flooding in the future in view of the changing climate and impending legislation.
5. EQUALITIES IMPACT ASSESSMENT
Not applicable or required.
6. RESOURCE IMPLICATIONS
None
7. LEAD MEMBER COMMENT
Not applicable
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BACKGROUND PAPERS
Consultation on Floods and
Water Management Bill 2009
LOCATION WEBSITE INFO. http://www.defra.gov.uk/corpo rate/consult/flood-waterbill/consultees-letter.pdf
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