Local Authority Services and the Water Environment Advice Note on the Water Framework Directive for Local Authorities across the Midlands June 2012 How can this Advice Note help Local Authorities? The European Water Framework Directive, major surface water flooding events (such as the summer of 2007), recent droughts, the impacts of climate change, and future development needs are all driving the growing importance of managing the water environment. This Advice Note provides information to local authorities on the important contribution they can make to local improvements in the water environment and to meeting the objectives of the Water Framework Directive. It has been prepared by the Environment Agency and Sustainability West Midlands, working in partnership with local authorities from across the Midlands. We are particularly grateful for the assistance provided by Nottingham City Council, Worcestershire County Council and Wyre Forest District Council during the preparation of the document. The Advice Note addresses the following: • What is the European Water Framework Directive (WFD)? • Why is the water environment and the WFD important to local economies and communities? • What are the roles for local authorities under the Water Framework Directive? • How can local authorities contribute to WFD objectives? • What further advice, information and support is available to local authorities from the Environment Agency and others? Local Authority Services and the Water Environment Contents 1 THE EUROPEAN WATER FRAMEWORK DIRECTIVE (WFD) 1 1.1 What is the European Water Framework Directive? 1 1.2 Why is the water environment important for local economies and communities? 6 2 HOW CAN LOCAL AUTHORITIES CONTRIBUTE TO WFD OBJECTIVES? 8 2.1 Responsibilities of Local Authorities relating to the WFD 8 2.2 Local Authority Functions which can Contribute to the WFD 9 2.3 Local Authority Planning Policies 12 2.4 Local Authority Development Management Functions 23 2.5 Local Authority Drainage, Flood Risk Management and SuDS Functions 27 2.6 Local Authority Highways Functions 32 2.7 Local Authority Environmental Health and Pollution Control Functions 36 2.8 Managing a Local Authority’s own Buildings, Assets and Greenspace 39 2.9 Local Authority Community Leadership, Advocacy and Partnership Roles 42 3 CO-ORDINATION AND GOOD PRACTICE CHECKLIST 47 3.1 Co-ordination within a Local Authority on WFD Issues 47 3.2 Checklist for Assessing Progress 49 4 SOURCES OF SUPPORT AND FURTHER INFORMATION 51 Advice Note on the Water Framework Directive for Local Authorities across the Midlands Section One THE EUROPEAN WATER FRAMEWORK DIRECTIVE (WFD) 1.1 WHAT IS THE EUROPEAN WATER FRAMEWORK DIRECTIVE? The Water Framework Directive (WFD) came into The Directive sets a target for all surface and effect in December 2000 and was enacted into groundwater water bodies to reach ‘good status’ by UK law in December 20031. It established a legal 2015. However, it recognises that some water bodies framework for the protection, improvement and are ‘artificial’ or ‘heavily modified’ because they have sustainable use of water bodies across Europe been created or modified to support uses such as and applies to all surface water bodies, including water supply, flood protection, navigation or urban rivers, streams, brooks, lakes, estuaries and canals, infrastructure, and sets lower targets accordingly. coastal waters out to one mile from low water, and ‘Artificial’ or ‘heavily modified’ water bodies need to groundwater bodies. It brings together and updates reach ‘good ecological potential’ by 2027. a raft of existing EU water legislation and sets challenging targets for the ecological quality for all water bodies2. Objectives of the WFD include: • to achieve ‘good’ status for all water bodies by 2015 (or later dates of 2021 or 2027 subject to criteria set out in the Directive); • preventing deterioration in the status of water bodies; • reducing pollution from priority polluting substances; • preventing and/or limiting pollution input into groundwater; • conserving aquatic ecosystems, habitats and species; • mitigating the effects of floods and droughts on water bodies; and • promoting sustainable use of water as a natural resource, and balancing abstraction and recharge. 1 Water Environment (Water Framework Directive) (England and Wales) Regulations 2003. 2 A Water Body means a discrete and significant element of surface water such as a lake, reservoir, stream, river or canal, part of a stream, river or canal, or a stretch of coastal water; or a distinct volume of groundwater within an aquifer. Local Authority Services and the Water Environment 1 Water body status Artificial and heavily modified waters Water body status is assessed against over 30 For an artificial or heavily modified water body to different parameters grouped into: achieve good ecological potential, its chemistry must be ‘good’. In addition, any modifications to • ecological status (including biological the structural or physical nature of the water body elements such as fish and insect life, that harm biology must only be those essential for hydromorphological and physio-chemical its valid use. All other such modifications must elements such as phosphorus, temperature, have been altered or managed to reduce or remove dissolved oxygen and pH); and their adverse impact, so that there is the potential • chemical status (covering ‘priority substances’ for the biology to be as close as possible to that such as Mercury and Benzene). of a similar natural water body. Often though, the biology will still be impacted and biological status Ecological and chemical status are combined to may be less than ‘good’. provide the overall status of a water body. The WFD sets the requirement that nothing Ecological status is measured on the scale of high, should be done to a water body which would cause good, moderate, poor and bad. Chemical status its status to deteriorate. The WFD only allows is measured as ‘good’ or ‘fail’. The lowest scoring this requirement to be set aside where certain element determines a water body’s overall status. conditions are met – for example, where the social benefits of a project outweigh the environmental damage, and reasonable steps are taken to reduce any damage (as set out by Article 4.7 of WFD). Components of Water Body Status Overall Status Chemical Ecological status status Priority Specific Biological substances Physico-Chem Pollutants Elements e.g. which present e.g. nutrients, e.g. metals Hydromorphology phytoplankton, a significant pH, dissolved and their e.g. Depth, width, macroalgae, risk to oxygen, compounds, flow, structure fish, the water ammonia organic invertebrates environment compounds Advice Note on the Water Framework Directive for Local Authorities across the Midlands 2 River Basin Management Plans (RBMP) The WFD supports a catchment based approach to water bodies reaching good ecological status or managing the water environment3. The Environment potential. Actions are set out for a wide range of Agency is the competent authority for the Directive in organisations, such as water companies (who have England and Wales, and is responsible for producing invested heavily to reduce point source pollution the River Basin Management Plans. These are from their assets in line with requirements in the prepared on a rolling six year programme, with the RBMPs) and local authorities. Actions for local current plans published in 2009. authorities are identified in Annex C and Annex J of the current RBMPs. It is likely that more specific The RBMPs are the key over-arching sources of and demanding actions for local authorities will information on the water environment and all public be identified in the next round of RBMPs (2015) as bodies, including local authorities are required to we move closer to the deadline for meeting good “have regard to the River Basin Management Plan ecological status or potential. and any supplementary plans in exercising their functions”4 . There are 11 river basin districts in England and Wales. All RBMPs are available on the Environment Agency The RBMPs describe the river basin district, the website. Local authority areas within the Environment quality of water bodies and pressures faced by the Agency Midlands region are located in either the water environment. They also set out actions or Severn River Basin or the Humber River Basin. measures required to meet the WFD’s objective of Map of river basin districts in England and Wales 3 Use of the term ‘water environment’ in this Advice Note covers a range of issues including water quality, aquatic ecosystems and habitat, mitigation of flood and drought effects, and water resources. 4 Regulation 17 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003. Local Authority Services and the Water Environment 3 Quality of water bodies in the Midlands Across the East and West Midlands over the past 20 years we have seen major improvements in water quality in our rivers, brooks and lakes. However, in 2009, only 22% of water bodies in the EA Midlands region met the WFD standards of having ‘good ecological status or potential’ (compared with 27% nationally) and 24% of watercourses were rated as ‘poor’ or ‘bad’ ecological status or potential – see map. Ecological status or potential of surface waters in the Environment Agency Midlands region, 2011 A wide variety of pressures on our water environment changes such as straightening and impounding are responsible for downgrading water