Flood and Water Management Act 2010

The Flood and Water Management Act 2010 (c.29) is a UK Act of Parliament relating to the management of the risk concerning flooding and coastal erosion. The Act aims to reduce the flood risk associated with extreme weather, compounded by climate change. It created the role of Lead Local Flood Authority, which is the local government authority responsible for managing flood risk in the local government area. The Act gave new powers to local authorities, the Environment Agency, The Welsh Ministers and water companies.

Flood and Water Management Act 2010
Act of Parliament
Long titleAn Act to make provision about water, including provision about the management of risks in connection with flooding and coastal erosion.
Citation2010 c. 29
Territorial extentEngland, Wales and Scotland
Dates
Royal assent8 April 2010
History of passage through Parliament
Text of statute as originally enacted

The Act relates almost entirely to England and Wales, with the exception of Section 46 'Abolition of Fisheries Committee (Scotland)', which relates to Scotland, and Sections 48 'Subordinate legislation' and 49 'Technical provision' which relate to England, Wales and Scotland.

The Flood and Water Management Act was preceded by The Pitt Review of 2007. Led by Sir Michael Pitt, the Pitt Review was a high-profile independent review of the lessons to be learned from the floods of 2007. The report put forward a number of recommendations, including the need for a "wider brief for the Environment Agency" and for local councils to be given powers and responsibilities to "protect communities through robust building and planning controls".[1] The implementation of the Flood and Water Management Act was one of a number of actions taken by parliament as a result of the Pitt Review.[2]

Roles and Responsibilities Set Out in the Act

Lead Local Flood Authorities

The Lead Local Flood Authority (LLFA) in England is defined by the Act as the unitary authority, or, if there is no unitary authority, the county council for the area. In Wales, the role is fulfilled by the county council or the county borough council. The LLFA is given certain responsibilities by the Act. The LLFA is required, by Sections 9 and 10 of the Act, to create and maintain a local flood risk management strategy to set objectives to manage flooding locally, specify measures proposed to achieve the objectives, outline how and when the measures will be implemented, and list the costs and benefits of the measures and how the measures will be paid for. The LLFA must apply the local flood risk management strategy and monitor its effectiveness and progress. The LLFA must establish and maintain a register of flood risk assets, including information on their ownership and state of repair, which should be made available to the public. In March 2019, 109 out of 152 LLFAs had compiled up-to-date asset registers.[3] The LLFA is a statutory consultee on applications for planning permission in England and Wales.[4] This means they must be consulted by the local planning authority and have the opportunity to object to the planning application, recommend refusal, or recommend a condition to be attached to the planning permission, if the LLFA deems that flood risk and drainage has not been appropriately addressed in the planning application.

Environment Agency

The Environment Agency is required by Section 7 of the Act to develop a national flood and coastal erosion risk management strategy (FCERM) for England. The strategy describes the roles of all flood risk management authorities, including LLFAs, councils, internal drainage boards, highway authorities and water and sewerage companies, who must all exercise their responsibilities consistently with the strategy.[5] The EA is required by Section 18 of the Act to produce an annual report on flood and coastal erosion risk management.[6] The report describes how flood risk management authorities are managing the current risk of flood and coastal erosion and how they are planning for the future risk. The report details how LLFAs have progressed on their local strategies and asset registers.

As of 2020, the strategy of FCERM was altered to have three long term ambitions:[7]

  1. Climate resilient places
  2. Today’s growth and infrastructure resilient in tomorrow’s climate
  3. A nation ready to respond and adapt to flooding and coastal change

The Welsh Ministers have the equivalent role of the Environment Agency in Wales.

Water Companies

Sections 35 and 36 of the Act provided amendments to the Water Industry Act 1991. The amendments allowed the water company to put a temporary ban on using potable water for a number of uses including using hosepipes for watering gardens and cleaning outdoor spaces.

Sustainable Drainage

The Act brought the use of sustainable drainage systems into law by requiring local authorities to approve a drainage system prior to construction.

References
  1. "Learning lessons from the 2007 floods" (PDF). cabinetoffice.gov.uk.
  2. "The Government's Response to Sir Michael Pitt's Review of the summer 2007 Floods" (PDF). assets.publishing.service.gov.uk. 27 January 2012. Retrieved 2020-11-03.
  3. "Flood and coastal erosion risk management report: 1 April 2018 to 31 March 2019". GOV.UK.
  4. "Consultation and pre-decision matters". GOV.UK.
  5. "National FCERM strategy for England 2011". GOV.UK. Retrieved 2020-11-04.
  6. "Flood and coastal erosion risk management annual report". GOV.UK.
  7. "National Flood and Coastal Erosion Risk Management Strategy for England" (PDF). assets.publishing.service.gov.uk. Jul 2020. p. 8. Retrieved 4 Nov 2020.
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