Why ?

Local planning authorities (LPAs) now have a duty to consult with the Environment Agency (EA) on all applications for development in areas of flood risk or where critical drainage problems exist, and for development of sites of more than 1 hectare elsewhere.

Local planning authorities must notify the Secretary of State of any application for ‘major development’ in a flood risk area where it is minded to grant permission against advice on flood risk grounds from the Environment Agency.

If a FRA is not submitted with the planning application when necessary it will lead to delay and additional cost, and may result in failure to have the application registered.

Method

A FRA by LK Associates is based on previous experience and familiarity with planning authorities and the Environment Agency, Planning Policy Statement 25 (PPS25) Development and Flood Risk, the accompanying Practice Guide and EA Standing Advice. It is necessary to demonstrate how all risks of flooding to the site and consequent affects on others will be managed.

We will consult with EA, the LPA, Drainage Undertaker(s) and others as necessary to obtain the relevant data. It is possible sometimes to demonstrate early in the assessment that the site is not at risk of flooding or that the proposed use is unlikely to be consented. In this case it will be up to the client to decide whether or not to proceed with the FRA and planning application. It is therefore important to start the FRA process early so that this feedback can be included into site feasibility and financial modelling to avoid unnecessary expenditure and loss of time.

PPS 25 requires that most types of relevant developments are tested to determine their suitability in comparison with other sites at lower flood risk. The LPA has a duty under the legislation to ensure that the more vulnerable uses are directed to sites at the lowest flood risk and they, and the EA, will require a Sequential Test with the planning application to demonstrate this. Then, provided that the test is positive, the proposals must also fulfil the requirements of the Exception Test with regard to sustainability, flood mitigation and reduction of risk to others.

Approach

LK Associates therefore recommends approaching the FRA in three or more stages to align with the client’s risk management and decision-making process:

• An initial data gathering and review, including discussions of principle with the major consultees, to arrive at a ‘constraints report’.
• Detailed analysis, consultation and production of the FRA to accompany the Planning Application.
• Assistance with the production of the Sequential and Exception Test documentation if found to be necessary.
• Post Application discussions with the EA and LPA, and inputs to Appeal or Inquiry as necessary.

Sequential & Exception Tests

PPS25 requires that most types of developments on sites in areas at risk of flooding are tested to determine their suitability in comparison with other sites at lower flood risk. 

The Local Planning Authority has a duty under the legislation to ensure that the more vulnerable uses are directed to sites at the lowest flood risk and that they, and the EA, will require a Sequential Test with the planning application to demonstrate this.  Then, provided that the test is positive, the proposals must also fulfil the requirements of the Exception Test with regard to sustainability for the wider community, the utilisation of previously-used land and adequate safety, mitigation and reduction of risk to others.

 

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