Appendix 1
Transportation Services
Structural Services
Harbours, Flood and Coast
The Scottish Parliament
Flooding and Flood Management Inquiry
Call for Evidence
Q1; What is the potential impact of climate change on the frequency and
severity of all types of flooding in Scotland?
Evidence to date suggests that climate change will increase the frequency
and the severity of all types of flooding in Scotland.
Academic Centres and Technological Institutes should be funded to continue
research and monitoring into the rate of development and impact of climate
change.
This will assist with the preparation of national guidance on the effects of
climate change, indicative flood risk and standards to be adopted to mitigate
this flood risk.
In Fife the precautionary principle is applied to Flood Risk Assessment,
Drainage Impact Assessment, the implementation of Sustainable Urban
Drainage, Planning Development Control and Land Use. Often a pragmatic
view is taken in view of other factors such as social, economic and
environment considerations.
Q2; What changes are needed to the existing legislation?
Comment on;
The Flood Prevention (Scotland) Act 1961 and amendments by
The Flood Prevention and Land Drainage (Scotland) Act 1997.
The extensive comment by the SCOTS Flooding and Emergency Group is
endorsed and reflects the principal concerns of those involved in the
management of flooding.
Emphasis is placed on the following comments;
There is the need for a new Flood Alleviation / Mitigation (Scotland) Act, which
provides legislation to meet the needs of the 21st century. Terminology and
criteria require to be modernised to meet current and future requirements. The
impact of Climate Change and the interaction with other statutory bodies and
environment / sustainable criteria require to be considered and brought within
the Act.
The legislation should make clear that it is the property / landowner and
riparian landowner that are primarily responsible for flood mitigation and
maintenance operations.
The definition of a ‘’watercourse’’ requires clarification. Agricultural field
drains, land drains, man made ditches and artificial piped drainage systems
should be excluded from the definition. ‘’Watercourse’’ should refer to a
‘’natural watercourse’’.
Clarify the responsibility for historic piped systems, drainage networks and
land drains created by previous Water Corporations and Water Authorities,
along with Local Authority Water and Drainage Departments. Scottish Water
refuses to accept any responsibility for these systems under their current
remit.
Clarify the responsibility for dealing with overland flow and ground water.
Where it is considered that there is a threat of flooding to non-agricultural
land, the Local Authority should be able to serve a notice on a land owner to
carry out repair or maintenance operations. If the works are not carried out
within a specified period, the Local Authority should have the ability to carry
out the works and recover costs from the landowner.
Consideration of timescale for power of entry into land should be reviewed,
particularly in an emergency and where there is an immediate threat of
flooding.
In the First Schedule there is a need to permit some flexibility in minor
amendments to works and also the limits of deviation within a confirmed
scheme. This can be applicable during the detailed design stage or
construction stage, where exceptional or unforeseen circumstances arise.
Q3; Who should be responsible for flood management and how should
it be funded?
In simple terms to maximise effectiveness, efficiency and economy the
responsibility of flood management should rest with one authority.
In reality, there are so many stakeholders involved with diverse interest and
agenda, including statutory responsibilities and duties that the simplistic
approach would not be practical.
The issue is also political in nature generating a local knowledge and
controlling ethos from the level of Scottish Government, Local Government,
and Community Councils through to Resident Associations and Individuals.
Perhaps one organisation such as SEPA should overview flood management
and coordinate the input of other stakeholders.
The Scottish Government should continue to fund flood management and
alleviation. A further funding avenue could be the raising of a roof charge or
bounty per house on new development. This would be applied to all
development, with the funding raised utilised to support flood management or
alleviate flooding.
Q4; What role should sustainable flood management play in mitigating
the effects of flooding?
Flood management can play a major role in mitigating the effects of flooding.
Sustainable flood management can contribute to this role, but cannot
supersede the encompassing term of flood management.
Flood management should and will include both hard and soft flood alleviation
techniques. To give one a greater priority or worth in terms of the other is
promoting a false sense of righteousness and the feel good factor. Both
techniques are complimentary and when combined form a much stronger and
resilient flood alleviation product.
Sustainable flood management techniques, where feasible, can utilise and
enhance the capacity of flood plains, providing additional storage for storm
water. This benefit can greatly reduce the impact of flood alleviation methods
within the urban environment.
Q5; What role can land-use management, the planning system and
building regulations play in mitigating the effects of flooding.
Land-use management can demarcate flood plains. This can indicate where
development should be avoided in line with the national flood risk framework,
while identifying locations that should be protected and set aside for possible
up stream attenuation of flood water. This technique can also be applied to
the coastal zone, where locations may be subject to flood risk or erosion.
The planning system and building regulations can ensure that developments
are located, designed and constructed in compliance with Scottish Planning
Policy 7 (SPP7) and the promoted national flood risk framework. This action
will play a major part in the avoidance of future flood risk.
With this in mind, the design capacity and rainfall storm event protection
standard within the Sewerage (Scotland) Act 1968 should be brought up to
date in line with the requirements of SPP7 to meet the current needs of the
21st century. Sewers for Scotland 2 can then accordingly implement these
standards. This will ensure that Planning standards in relation to flood risk and
drainage infrastructure, set by SPP7 are commensurate with Sewers for
Scotland 2.
Q6; Are there any improvements needed to existing flood warning
systems?
Fife is dominated by over 160 watercourses that are capable of presenting
flood risk within an urban environment. These watercourses are subject to
flash floods. The warning window is very narrow, typically under 1 hour.
Discrete flood warning systems for Fife watercourses are therefore not
considered relevant. The broad brush flood warning by the SEPA Floodline
Is considered adequate.
SEPA are currently reviewing the provision of a coastal flood warning system.
This is considered to be an improvement.