We like to update you on current information and proposals please find an update on the Flood and Water Management Act 2010 from Defra below and attached for your perusal.
The substantive provisions under Section 30 of, and Schedule 1 to, the Flood and Water Management Act 2010(Designation of features), came into force on 1st August 2012 in England and Wales. The purpose of this legislation is to try and ensure that owners do not inadvertently alter structures or features and potentially increase flood risk.
The authorities with the power to designate (the designating authority) are the Environment Agency; lead localflood authorities; district councils (whether or not it is a lead local flood authority); and internal drainage boards. These provisions allow the designation of third party flood and coastal erosion risk management structures or features that, in the opinion of the designating authority, affect a flood or coastal erosion risk. This makes it a requirement for the owner of a designated structure or feature to seek consent from the relevant authority before altering, removing or replacing it.
Two publications have been produced to support the designation process: an information note for Designating/Responsible Authorities and a leaflet with information for asset owners. It is recommended that Designating Authorities provide a copy of ‘Information for asset owners” in their initial correspondence with landowners. A summary of the informal consultation on these documents, along with that held on theappeals process are also available on the website.
The following Regulations that support these provisions came into force in July 2012:
- The Designation of Features (Appeals) (England) Regulations 2012
- The Designation of Features (Appeals) (Wales) Regulations 2012
- The Designation of Features (Notices) (England) Regulations 2012
- The Designation of Features (Notices) (Wales) Regulations 2012
For more information see: http://www.defra.gov.uk/environment/flooding/legislation/