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. Continue reading
On Wednesday Caroline Spelman made a ministerial statement about flood risk insurance, attached. This indicates that Government is minded to continue with some form of levy system, or pool, but gives very little detail beyond that. The National Flood Forum has produced a press release which welcomes the fact that there has been some progress, but reiterates that this matter is urgent and that we need to agree the detail as soon as possible.
We need to keep the pressure on both the Insurance industry and Government to conclude a deal that provides insurance to people that is affordable, that is accessible and which is socially just, i.e. it must protect those who are most vulnerable. Many of you have written to your MPs in these terms; we would encourage you to do so once again in order to ensure that MPs are under no illusion about the significance of this issue for voters.
Please contact me if you would like to discuss this matter.
National Flood Forum
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