Local authority workshop
Purpose of event
• To give local authorities an opportunity to
discuss the Bill in detail with the Scottish
• To provide a forum for raising issues and
General Duty, Direction and
• New duty to reduce flood risk
• New duty to raise awareness of
• Duty to promote SFRM
• Duty to collaborate
• Flood risk functions defined:
– functions under Bill and
functions under other
• General direction and regulation
• What are the implications of the general duty?
• Is the duty to cooperate strong enough?
• How will defining flood risk related functions
provide a basis for clarifying responsibilities?
PART 8 General
• Crown application
• Ancillary provisions- transitional arrangement
• Orders and regulations- power for Ministers
• Definition of ‘flood’
• Definition excludes flooding
solely from failure of
drainage infrastructure (e.g.
• Definition of flood risk
• Responsible authorities
– Local authorities
– Scottish Water
– Other designated by
• Are the definitions clear and understandable?
• Will new definition of flood risk impact on other
• Is the opt out for floods solely from a sewerage
system justifiable and practicable?
• Views on responsible authorities- who else
should be identified in the future.
Flood risk assessment, maps
Transpose the Floods Directive
The Directive requires action by member states
in three main areas-
Flood risk Flood Risk Flood risk
assessments Mapping Management
• Transposes the Directive and creates a planning
process that is tailored to Scotland's needs;
• Local authorities responsible for local plans;
• SEPA responsible for district (national) plans;
• Fully integrated planning process.
National priorities Local knowledge/accountability
SEPA’s role- key messages
• The intention is not for SEPA to direct or dictate flood
• SEPA’s role principally be to:
– support coordination of flood risk management
– facilitate good decision making through
coordination and acquisition of information;
– provide the necessary level of strategic national
planning, guidance and prioritisation.
Local authority role- key messages
• The intention is for local authorities to lead
and be accountable for local flood risk
assessments, plans and decisions.
• local authorities will be expected to
collaborate to identify flood risk management
actions across catchments.
• This information will form the basis of the
objectives and measures set out in the
district plans prepared by SEPA
• Geographically the same as WFD
River Basin Districts
• SEPA can establish sub-district
units as necessary
Local Plans 1.
• SEPA to determine geographic
basis of local plans based on:
– Significant flood risks 2.
– Hydrological characteristics
– Other administrative
Flood management planning
District Advisory Group (s)
District plan (National Strategy)
Produce PFRA and flood maps.
Identify areas at significant flood risk.
Set objectives and measures
Prioritise measures across cycles
Local plan (Delivery)
Part 1 Summarise ‘relevant parts of District plan’
Additional details, e.g. on measures
Implementation strategy, inc.
Part 2 - responsibilities for delivering measures
- financial commitments
Creating an integrated process
• Steps to ensure integration include:
– Running the plans in parallel, with
coordinated consultation exercises; and
– Requiring local plans to be consistent with
objectives/measures set out in district plan
– Creating network of advisory groups with role
in district and local plans
Implementation/approval of plans
• Duty to ‘act to reduce flood risks’.
• Ministerial approval of District plan and assessment of
• Agreed implementation strategies for local plans, includes:
– Who is responsible for measure
– Timetable of works
– Agreed funding sources
• Ministers could intervene to direct for a measures or set of
measure to be implemented
Stage 2 amendments
• Updating ‘assessment of watercourses’ provisions.
– add requirement to prepare schedules of
– add requirement to map watercourses and SUDS;
• Place specific duty on Scottish Water to provide
information on sewerage flooding;
• New duty on SEPA to maintain record of current and
future flood risk management measures. LA’s to advise
SEPA on structures providing a significant flood risk
• Is the planning process sufficiently integrated?
• How do we avoid planning becoming top heavy?
• Will the planning process support production of
realistic and deliverable plans?
• Will the provisions ensure measures are
implemented of measures?
• What will happen to FLAGs?
SEPA other flood risk
• Largely replaces provisions in the Environment
Act 1995 and Agriculture Act 1970
• SEPA to provide LA’s with advice on ‘flood risk’
• SEPA under a duty to provide flood warning
• SEPA given power to determine where
improvements to flood warning can be made
• General power for SEPA to assess and map
flood risk (e.g. produce interactive maps)
Flood risk management:
local authority functions
1961 Act-Not fit for purpose
• undermining a sustainable
– focus on engineering
– restrictions on the types
of flood management
– Mandatory statutory
• Must assess the condition of watercourses in
• powers to take forward a full suite of flood risk
• clear links to local flood risk management plans.
• streamlined statutory process that delivers
deemed planning permission;
• Can Do Approach
• no restriction on what types of measures a local
authority can take to manage flood risk, or where
they can take place
• measures linked to delivery of LFRMP
• Measures not hindering delivery of the LFRMP
• But can act in an emergency
• No restrictions on how local authorities should
take forward particular measures
• No requirement to take new works through a
flood protection scheme
• flexible range of powers which they can exercise
to deliver flood risk management measures in an
efficient and timely manner
Flood Protection Schemes
• local authorities to decide whether to use new
approval process or proceed by agreement
• new local authority led approval process
– enable local authorities to use coercive
powers, and will also result in deemed
– Ministers may intervene to resolve disputes
Streamlined Statutory Process
Streamlined Statutory Process
• Publish notice in newspapers
• Serve notice on affected parties
• Serve notice on other responsible authorities
• Keep a copy of the scheme documents available
for public inspection.
• Reduce administrative burden
• Two routes
• Ministerial may call in unresolved objections
from those directly affected or other responsible
• LA decide in other cases
• Any modifications require consultation before
Scottish Government intends;
– to make regulations to specify further
information to be included in a flood
– to issue guidance
And has powers to amend procedures set out in
the Act by Order
PART 6 Powers of Entry
Entry & Compensation
Local authority has rights of entry to carry out scheme or maintain other
Except in urgent cases, notice of intended entry must be given to the
occupant of the land
– 7 days notice for entry into a house or its garden, or taking heavy
– Otherwise 24 hours notice
If refused; can obtain warrant from JP or Sherriff
LA must pay compensation for damage caused by its actions to the
value of a person’s property or his enjoyment of it.
Questions- Part 4 and 6
• Exactly how will the new process reduce the
time it takes to execute a scheme.
• What steps are being taken to improve
coordination with CAR.
• Why is there no duty to cleanse/maintain
Part 7 Reservoirs
• Provides for the transfer of responsibility of
reservoir enforcement (under the 1975 Act) from
local authorities to SEPA.
• Includes provision for regulations on incident
• Includes provision on transitional arrangements.
LA’s and SEPA will need to work closely to
coordinate the transfer of responsibility and
Stage 2 amendment
• Place a requirement on operators of some
reservoirs to produce on-’site reservoir plans’
• Intention would be for a hierarchy of plans based
on the risk presented by the reservoir. e.g.
– Level 1- communication strategy
– Level 2- as level 1 plus on site plan
– Level 3- as level 2 plus inundation map
• This would bring Scotland in line with the
approach in England and Wales