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 inAnnex 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 bodies to less structures like culverts. With population growth, than ‘good’ status. These pressures include point development needs and climate change, the source pollution, diffuse source pollution (which pressures on the water environment will increase arises from many different sources rather than and a concerted approach is needed if we are to an obvious discharge point), over-abstraction and improve water bodies to meet standards required by low flows, invasive non-native species and physical the Water Framework Directive.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
4 Causes of poor water quality or poor ecological status of water bodies
Point source water pollution, such as effluent • Polluting substances (e.g. paints and oils) discharging from industrial sites, wastewater being poured down surface water drains. treatment plants or mines, and combined sewer • Littering, dumping of waste and general neglect overflows. Over the last two decades, the extent of watercourses. of pollution from point sources has been reduced significantly through environmental regulations • Contaminated land – pollutants from and permitting. contaminated land, including when disturbed during building work, as well as from old mine Diffuse pollution arises from many sources, which workings seeping into watercourses. may be minor individually, but their collective impact can be very significant. Diffuse pollution Sources of agricultural or rural diffuse pollution can be caused by current and past land use in include agricultural fertilisers, livestock grazing, agricultural and urban environments. silage storage, forestry and mining, sediment from farming and septic tanks from rural dwellings. Sources of urban diffuse pollution include: Low flows, due to drought and water abstracted • Runoff from impermeable urban surfaces, such from rivers, reservoirs or groundwater. This can as highways, which can carry a mix of polluting result in higher pollutant concentrations and less substances, such as oils, toxic metals, water to support fauna and flora. pesticides and sediments. The majority of surface water discharges receive no treatment Flooding and poorly controlled surface water flows before entering rivers or streams and this which can lead to pollution from sources such can lead to poor water quality and ecological as combined sewer overflows and impacts on impacts. habitats and water body morphology. • Sediment runoff from land e.g. from land under construction. Physical man-made modifications to watercourses such as straightening and impounding structures, • Drainage misconnections where foul concrete channels and culverts which can result wastewater from properties (e.g. from toilets in removal of substrate that plants and animals and washing machines) is wrongly connected live and breed in; loss of bankside vegetation, into surface water drainage systems which aquatic fauna and flora; separation of a river from eventually discharge into local rivers and its margins and flood plain; and barriers to fish streams, rather than being connected to foul migration. water sewers which discharge to wastewater treatment facilities. Habitat degradation, including man-made impacts • Spillages, poor storage or poor handling of and the effect of invasive non-native species, potentially polluting materials, which enter such as Himalayan Balsam, Japanese Knotweed, surface water drains and then flow into floating pennywort, giant hogweed, American watercourses. mink or signal crayfish, which can dominate and damage habitats for native species.
Local Authority Services and the Water Environment
5 1.2 WHY IS THE WATER ENVIRONMENT IMPORTANT FOR LOCAL ECONOMIES AND COMMUNITIES?
A high quality water environment is an integral part Economic benefits of water and Ecosystem Services: of the natural environment, providing a good habitat As well as attracting investment to an area, a good for plants, animals and quality of life benefits for quality water environment also provides valuable local people. As highlighted in the Government’s ecosystem services. Government policy supports the White Paper for Water: Water for Life (December approach of ecosystem services which recognises 2011 – see extracts in the box overleaf), water the economic value and benefits that people obtain resources and a high quality water environment from ecosystems7. For water based ecosystems, underpin economic development, by providing water these valuable services include: for households, industries, agriculture, recreation • drinking water supply; and tourism. • water for agriculture, food production, fish, Development is central to the national and many industry, recreation, tourism and transport; local approaches to stimulating economic growth, • water to accept and dilute treated sewage and Government states that more houses and effluent; commercial properties are needed to meet the needs of growing population, changing lifestyles • water for wildlife; and to enable economic growth. “Getting access to • water for environmental setting, aesthetic value, water and sewerage infrastructure is essential for health benefits and inspiration; development to proceed.5” • flood risk reduction; A high quality water environment makes attractive • climate adaptation. places in which we live and work, and it is widely accepted that local investment in environmental improvements can help to attract economic activity. It also provides valuable local amenity and related physical and mental health benefits.
The water environment also supports our resilience to predicted climate change by providing watercourses, flood plains and green space to help reduce flood risks, and by providing shade and urban cooling during periods of high summer temperatures.
Proximity to waterways increases property values – As identified in the CABE Space report The Value of Public Space6, studies in a number of cities have shown that high-quality public spaces, including the water environment, aids regeneration and increases property values. For example, research shows that a garden bordering water can increase the price of a house by 11%, while a view of water or having a lake nearby can boost the price by 10% and 7% respectively. This compares with a view of an apartment block, which can reduce the price by 7%.
5 Government’s Water White Paper, December 2011. 6 CABE Space report available at www.worldparksday.com/files/FileUpload/files/resources/the-value-of-public-space.pdf 7 Defra et al – UK National Ecosystem Assessment – Understanding Nature’s Value to Society, 2011.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
6 Government Water White Paper – Water for Life (December 2011)
The importance of water to the natural environment, people and economic growth
“A healthy natural environment is the essential foundation if we are to enjoy sustained economic growth, prospering communities and personal wellbeing.”
“Water is not only essential for life; it is critical to the Government’s commitment to drive economic growth. We must manage our water resources in a way that supports growth and the wider needs of society. Pressure on water resources would threaten growth.”
“This is why protecting the health of our rivers and lakes, maintaining our water infrastructure and managing our water resources... is amongst the most critical challenges we face.”
Pressures on water bodies
“Our water bodies are already under stress in We need to “use water more efficiently and some parts of the country. Because of pollution raise awareness of the connection between our and over-abstraction only a quarter of our rivers water use and the quality of our rivers and the and lakes are fully functioning ecosystems. In ecosystems they support”. We need to “think more the coming years the combined effects of climate carefully about drainage and wastewater, increase change and a growing population are likely to put the use of sustainable drainage systems (SuDS) increasing pressure on our rivers. If we do not and address problems of misconnected drains”. act the security of our water supplies could be compromised.” “We all have an interest and, therefore a role, in protecting our water bodies.” “Given the diversity “We have been damaging rivers and other water of the sources of pollution, neither Government bodies in two ways. We have been polluting regulation nor public money alone can solve the them; and we have been taking too much water problem. Instead we need a new approach which out of them (over-abstraction). Over-abstraction mobilises local groups.” compounds the problem of water pollution, because the less water there is the more Actions by partners concentrated the pollution will be.” Organisations, individuals and companies all have “Diffuse pollution from a range of sources such as important roles to play in helping to improve the runoff from roads and farmland, and detergents water environment and deliver the objectives of and other toxic material which people put down the Water Framework Directive. Action is needed drains, is still a problem. Taken individually, the by a wide range of public and private sector bodies impact of each source would be relatively low. and individuals to improve the water environment. But taken together, their impact can be dramatic, These actions are set out in the River Basin poisoning water and damaging wildlife and plants.” Management Plans8 and local authorities need to take account of Directive and the RBMPs if Actions needed nationally we are to meet WFD targets.
“We must halt and reverse the damage we have Information on the responsibilities of local done to water ecosystems and ensure that they authorities and ways in which they can help can continue to provide essential services to us achieve objectives of the Water Framework and the natural environment.” Directive are described in Section 2.
8 Actions are included Annex C and Annex J of the RBMPs.
Local Authority Services and the Water Environment
7 Section Two
HOW CAN LOCAL AUTHORITIES CONTRIBUTE TO WFD OBJECTIVES?
2.1 RESPONSIBILITIES OF LOCAL AUTHORITIES RELATING TO THE WFD
Local authorities have the following responsibilities • The Localism Act 201111 includes a new power relating to the WFD: for UK Government to potentially require public authorities (including local authorities) to make • Like other public bodies, they must “have payments in respect of EU financial sanctions regard to the River Basin Management Plan for infraction of EU law if the authority has and any supplementary plans in exercising their caused or contributed to that infraction. In functions”9. This means, for example, that they theory, this power applies to infractions of WFD need to reflect RBMP information on water requirements, including deterioration of water body improvement priorities in local planning body status, though in practice, Government and policies, Infrastructure Delivery Plans and in the the Environment Agency would seek to work with determination of individual planning applications. a local authority to resolve the situation and avoid They must consider what actions or measures levying penalty payments. contained in the RBMP relate to them and implement the necessary actions accordingly. • The Localism Act also sets out the duty to co- operate, which requires local planning authorities • Local authorities and other public bodies are to co-operate on cross-boundary planning required to provide information and “such issues, including, as stated in the National assistance as the Environment Agency may Planning Policy Framework12, the provision reasonably seek in connection with its WFD of infrastructure for water supply and water functions”10. quality, as well as climate change adaptation and • Local authorities, along with other public bodies, conservation and enhancement of the natural have a general responsibility not to compromise environment. the achievement of UK compliance with EU Directives, including the WFD. Non-compliance with EU Directives could potentially lead to the European Commission bringing legal proceedings and fines against the UK.
9 Regulation 17 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003. 10 Regulation 19 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003. 11 Localism Act 2011 – sections 48-57: EU Financial Sanctions. 12 National Planning Policy Framework – Paragraph 156 relating to the Duty to Co-operate.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
8 2.2 LOCAL AUTHORITY FUNCTIONS WHICH CAN CONTRIBUTE TO THE WFD
Key local authority functions which can contribute to WFD objectives include:
1. Strategic planning and local planning policies 5. Managing a local authority’s own buildings and which protect and enhance the water environment, assets, and greenspace functions including including incorporating WFD priorities into Local council owned housing, industrial estates, green Plans and Infrastructure Delivery Plans, plus local space, farms and rural enterprises and work in authority engagement in the preparation of River developing and managing green infrastructure for Basin Management Plans. water environment benefits.
2. Development management and building 6. Local authority highways functions – highways regulation functions – determining planning design, use of SuDS, highways maintenance and applications to secure benefits for the water street cleansing to manage flood risk and levels environment, avoid deterioration of water bodies, of pollution in highways runoff. provide greenspace and sustainable drainage, and delivering building regulation functions such 7. Local authority community leadership, advocacy as the avoidance of drainage ‘misconnections’13. and partnership roles, encouraging and working with others (including residents, community 3. Integrating water environment and WFD issues groups, voluntary sector organisations, into drainage and flood risk management businesses, land owners, Local Enterprise functions including promoting the use of Partnerships, Local Nature Partnerships and Sustainable Drainage Systems (SuDS) and public partners) to protect and enhance the water delivering forthcoming local authority SuDS environment. Approval Body (SAB) roles. Advice and good practice in each of these areas is 4. Environmental health and pollution control provided in the following pages. Table 1 summarises functions, such as engaging with businesses how these local authority functions can affect to avoid water pollution, stimulating behaviour different causes of poor water body status. change to reduce risks of pollution, raising public awareness of drainage misconnections and involvement in actions to avoid illegal fly tipping and littering of watercourses.
13 Drainage misconnections occur when ‘foul’ wastewater (e.g. from toilets, washing machines etc.) is wrongly connected into surface water drains which eventually discharge into local rivers and brooks, rather than being connected to foul water sewers which discharge to wastewater treatment facilities.
Local Authority Services and the Water Environment
9 . l l l l l l Habitat degradation e.g. Invasive non-native species l l l l l Low flows Low in water bodies . . l . l l Physical man-made modifications water to bodies l l l l l Rural diffuse pollution e.g. from agriculture, septic tanks etc. . . l Pollution from from Pollution contaminated land, including disturbance during development . . . l l l Littering, dumping and general of neglect watercourses . . . l l Spillages, poor storage or handling, pollution surface down drains water = less significant potential effect on causes of poor water body status body causes of poor water on effect potential significant l = less . . . l l Urban diffuse pollution Sediment runoff from land, e.g. during construction . . . . . l l Drainage/sewerage – Drainage/sewerage e.g. misconnections, water surface to connections etc. sewers combined ...... Polluted Polluted runoff from impermeable urban surfaces l l l l l Point source pollution status body causes of poor water on effect potential = significant Table 1: Key Local Authority Functions which can affect causes of poor water body status of poor water causes affect which can Authority Functions Local 1: Key Table Local planning policies Local Environmental health and Environmental functions pollution control authority Managing local buildings and assets and green Openspace and ecology infrastructure, recreation Highways design, and cleansing maintenance operations authority community Local & advocacy leadership including education roles, Local authority functionsLocal and services: of planningDetermination and Buildingapplications inspections Control authority drainage Local and flood risk management SuDS functions, and future Body role Approval
. council, and the type county or district vary depending on whether it is a unitary, bodies will also authority functions on water local of The influence Note: bodies. water local affecting of the issues and nature
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
10 Working with the Environment Agency and water companies to reduce domestic drainage misconnections Integrating water issues (e.g. water quality, treatment, greenspace, SuDS) into infrastructure delivery plans Encouraging reinstatement of natural watercourses – e.g. de-culverting watercourses in new redevelopments Working with local communities to raise awareness of the water environment Highways design and street cleansing to reduce pollutants entering watercourses and promote sustainable drainage Schools projects relating to local watercourses and water quality Encouraging the use of SuDS in new developments and retrofit. Promoting water quality benefits through SuDS Management of Council owned greenspace to enhance the water environment Preventing polluting activities – e.g. illegal car wash operations with no planning permission Considering water environment issues in determining planning applications Working with businesses to reduce water pollution Planning policies in the Local Plan to protect and enhance watercourses, promote water efficiency and SuDS Designing Council buildings (schools, housing, offices etc.) to include SuDS and water quality benefits Working with the EA and partners in implementing physical improvement projects on watercourses Incorporating water quality issues into Minerals and Waste planning policies Figure 1 Illustration of Local Authority activities which can contribute to WFD objectives to contribute Authority activities which can of Local 1 Illustration Figure Copyright on base diagram. © Crown
Local Authority Services and the Water Environment
11 2.3 LOCAL AUTHORITY PLANNING POLICIES
2.3.1 The importance of strategic planning and local planning policies
Development proposals have the potential to Furthermore, local authorities, like other public bring positive and negative impacts on the water bodies, must “have regard to the River Basin environment and status of water bodies. It is Management Plan and any supplementary plans therefore essential that local planning policies in exercising their functions”14, including in provide a framework which maximises the positive the preparation of local planning policies and impacts and minimises potentially negative impacts. Infrastructure Delivery Plans.
Potential NEGATIVE impacts of Potential POSITIVE impacts of development proposals on the water development proposals on the water environment include environment include • Impact on water quality by introducing • Integrating sustainable drainage (SuDS) into sources of pollution from surface water runoff new developments, which helps to reduce if sustainable drainage is not effectively flood risk, improve water quality by reducing implemented or controlled. Polluted runoff levels of pollutants reaching watercourses (e.g. from impermeable urban surface or highways via filter strips) and provides biodiversity and can contribute to pollution problems. There amenity benefits. is also a risk of surface water pollution • Physically changing the morphology of during the construction phase if appropriate watercourses to recreate more natural conditions management measures are not put in place. and new habitat, for example, through de- • Physical modification of water bodies and the culverting, restoring or re-profiling rivers to habitat they provide, for example, culverting of promote ecological habitat improvements. watercourses for access or through delivering • Adopting water efficiency measures as part hard flood defences to mitigate flood risk, can of sustainable construction approaches in potentially affect the natural flow and habitats designing and constructing buildings, reducing of a river. Even something as simple as new demands on local water resources. Any local outfalls for surface drainage for a development requirement to exceed national Building can change the morphology of the river locally Regulation standards on water efficiency will if not carefully implemented. need to be justified by local evidence. • Building on flood plains and loss of green space • Integrating multi-functional green in river corridors which can reduce the ability infrastructure into new developments, of watercourses to cope with diffuse pollution improving water bodies as well as providing and respond to flood events. habitat, flood risk management, ecological, • Some development may have indirect effects recreational, amenity and climate change on water bodies by, for example, increasing adaptation benefits. pressure on water supplies to support new • Cleaning up contaminated land from which developments. Development therefore needs pollutants previously seeped into groundwater to be effectively phased with infrastructure and surface waters. provisions so that water supplies and sewage treatment capacity is provided without As well as providing water quality, ecological, flood deterioration of water bodies. risk and amenity benefits, these improvements can enhance the attractiveness of an area and market values, as well as contributing to local area and community regeneration.
14 Regulation 17 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
12 Case Study – Longbridge, Birmingham
Water course improvements and green ecology and reduce potential future impacts of infrastructure measures which provide climate change. The masterplan also provides WFD benefits have been integrated into the amenity, leisure and health benefits and is Masterplan for the 468 acres Longbridge central to the financial attractiveness of the redevelopment scheme alongside the River Rea scheme to investors. on the south western fringe of Birmingham. The scheme includes opening up of the Longbridge town centre will be delivered in three previously culverted River Rea and reinstating phases, with an 85,000 sq ft Sainsbury’s store, an open channel, remediation of contaminated car park, two acre urban park and elements of land and creation of a green corridor. the new high street delivered in the first phase. Phases two and three will comprise an 80-bed The Environment Agency has worked in hotel, 40 apartments, further retail space and car partnership with Birmingham City Council and parking, with a total of 80,000 sq ft of retail space St Modwen, the developer, to design a significant and restaurants being provided in addition to the flood storage area on the River Rea and Sainsbury’s store. In the new two acre Austin Park watercourse improvements. This will attenuate the River Rea will be opened up for the first time flows and reduce flood risk downstream in the in 100 years. Northfield area, help improve water quality and
Local Authority Services and the Water Environment
13 2.3.2 National planning policy context
The National Planning Policy Framework (NPPF)15 Because the NPPF and localism places the Local emphasises the important role of local planning Plan at the heart of development planning, effective policies in contributing to WFD objectives and the integration of WFD objectives into local planning water environment. Relevant extracts from the NPPF policies is essential to maximise the contribution of are shown in the box below. development proposals to local WFD objectives.
Extracts from the National Planning Policy Framework relevant to the WFD and water environment • In preparing Local Plans “Planning policies • “Local planning authorities should work and decisions should be based on up-to-date collaboratively on strategic planning priorities information about the natural environment to enable delivery of sustainable development and other characteristics of the area including in consultation with Local Enterprise drawing, for example, from River Basin Partnerships and Local Nature Partnerships”. Management Plans” (para 165). (para 180). • Local planning authorities should set out • “Any additional development plan documents the strategic priorities for the area in the should only be used where clearly justified. Local Plan which should include strategic Supplementary planning documents should policies to deliver, amongst other things, the be used where they can help applicants make provision of infrastructure for water supply successful applications or aid infrastructure and wastewater, as well as climate change delivery, and should not be used to add adaptation and conservation and enhancement unnecessarily to the financial burdens on of the natural environment (para 156). development” (para 153). • “The planning system should contribute to and The NPPF therefore specifically states that Local enhance the natural and local environment by... Plan policies and planning decisions should draw recognising the wider benefits of ecosystem upon sources of information such as River Basin services; minimising impacts on biodiversity Management Plans. This requirement fits closely and providing net gains in biodiversity where with Regulation 17 of the Water Environment possible...; preventing both new and existing (WFD) Regulations 2003 which places a duty on all development from contributing to or being put public bodies including local planning authorities at unacceptable risk from, or being adversely to have regard to RBMPs, which identify actions affected by unacceptable levels of water that local authorities and others need to take to pollution” (para 109). address pressures on water bodies (e.g. actions • “A sustainability appraisal which meets the identified inAnnex C and Annex J of the current requirements of the European Directive on RBMPs). Local Plans should consider the need strategic environmental assessment should to achieve ‘good status’ in water bodies and be an integral part of the plan preparation also ensure the risk of deterioration or failure process, and should consider all the likely to improve a water body is considered when significant effects on the environment, determining planning applications. economic and social factors” (para 165). The NPPF also states that local authorities should • “Planning strategically across local develop Local Plans in consultation with partners boundaries:…Public bodies have a duty to (e.g. the Environment Agency, water companies, cooperate on planning issues that cross Natural England and Local Nature Partnerships); administrative boundaries, particularly those work collaboratively with other local authorities which relate to the strategic priorities set out on cross-boundary issues; and use sustainability in paragraph 156” [i.e. including infrastructure appraisal as an integral part of the Local Plan for water supply, as well as climate change preparation process. adaptation and conservation and enhancement of the natural environment] (para 178).
15 National Planning Policy Framework (NPPF) – published by Government in March 2012
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
14 2.3.3 Duty to Co-operate
Section 110 of the Localism Act sets out the duty • protection and enhancement of the natural and to co-operate, which applies to all local planning historic environment, including townscape. authorities, National Park Authorities and county councils in England – and to a number of other Councils and public bodies are required to set public bodies. The duty requires public bodies out planning policies to address such issues; to cooperate on planning issues that cross local engage constructively, actively and on an ongoing authority boundaries, including strategic priorities basis to develop strategic policies; and consider identified in the NPPF (Paragraph 156) such as: joint approaches to plan making. They need to demonstrate that in preparing Local Plans they • the provision of infrastructure for water supply have worked with other relevant bodies, including and water quality; neighbouring local planning authorities and the • the provision for new housing across a major Environment Agency. Councils must be able to conurbation or wider housing market area; show a planning inspector evidence that they have considered strategic/cross-boundary issues in • measures needed to address the causes and relation to the Local Plan. A shared or joint evidence consequences of climate change; and base is an excellent way of demonstrating this.
Example of the duty to co-operate in relation to water environment issues
River catchments often span many different local authority areas, e.g. the River Avon in Warwickshire and the West Midlands.
New development in areas upstream can affect issues such as flood risk and water quality downstream. For example, if new development is permitted on flood plains in one local authority area, this could increase the risk of flooding in areas downstream. Similarly, new housing development in areas such as Rugby and Coventry could affect The River Avon flows from north east to south west. water quality and the requirements for wastewater treatment Agency and water companies, in developing infrastructure downstream in areas such as planning policies, Infrastructure Delivery Plans Warwick, Stratford and Evesham. It is therefore and phasing of development to ensure that important for neighbouring local authorities to potential cross-boundary impacts on water quality work together, as well as with the Environment and flood risk are addressed.
Local Authority Services and the Water Environment
15 2.3.4 Integrating WFD issues into Local Plan preparation
The NPPF refers to aspects of the plan preparation process which are important for integrating water issues and WFD objectives into Local Plan policies – as illustrated in the diagram below.
Integrating WFD and water environment issues into the Local Plan preparation process
National Planning Policy Framework
Evidence base including for example: • River Basin Management Plans; • EA data on local water body status, causes of poor status and local improvement priorities; • Strategic Flood Risk Assessments; • Water Cycle Studies; • Infrastructure Delivery Plans.
Local Plan Policies
Joint working and discussions Area-wide policies and site specifi c with partners policies for strategic development sites E.g. Environment Agency, water companies, Natural England, Local Plus potential use of Supplementary Nature Partnerships and other Local Planning Documents “where they can help Authorities. applicants make successful applications or aid infrastructure delivery”
Collaborative working on cross-boundary issues E.g. water supply, wastewater, fl ood risk, climate resilience, conservation and enhancement of natural environment.
Sustainability Appraisal, Strategic Environmental Assessment (SEA), Habitat Regulation Assessments
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
16 Important steps in preparing a Local Plan include: • Discussions with the Environment Agency and • Co-operative working with other local authorities, water companies to identify local water environment the Environment Agency and water companies issues which need to be reflected in the plan. on cross-boundary water issues such as water supply, wastewater treatment, water quality, flood • Review of sources of evidence, such as the risk, green infrastructure and climate change River Basin Management Plans and the latest resilience. data available from the Environment Agency, which identify local water body status, likely • Reflecting water issues in Infrastructure causes of poor status, water supply and Delivery Plans, including wastewater treatment wastewater infrastructure issues and provide an infrastructure, water supply, flood risk understanding of how development might worsen management and green infrastructure. These or improve local water body status. are all important parts of demonstrating that the planned development (e.g. 20,000 new homes) • Use of water cycle studies, whilst not a statutory can be delivered. requirement, can be valuable in identifying local water issues to reflect in Local Plans and also • Integrating water environment issues into supports the duty to co-operate if undertaken in sustainability appraisal, strategic environmental partnership with other local authorities in a sub- assessment (SEA) and habitat regulation region. assessments.
A Water Cycle Study is an investigation into The Wyre Forest District Water Cycle Strategy (2010), whether the local water environment has the for example, assessed constraints and requirements capacity to support planned development, that will arise from the scale of proposed growth considering issues such as water resources on the water infrastructure of the district. Potential and supply, wastewater collection and strategic development sites across the district sewerage infrastructure, wastewater treatment were assessed in terms of flood risk, water infrastructure, water quality and flood risk. They resources, supply, wastewater collection/sewerage consider options for mitigation in line with RBMP infrastructure, wastewater treatment, water quality requirements and may recommend infrastructure and potential for water efficiency and SuDS, using a improvements that need to be included in the traffic light system as shown below. The findings have local Infrastructure Delivery Plan together with a been used in identifying potential sites most suitable timetable for infrastructure development. for development – as illustrated in the extract below:
Area Brownfield/ Location Flood Water Sewerage Wastewater SUDS Greenfield Risk Supply Infrastructure Treatment 0.8 Brownfield New Road Carters Site R G G G Y 1.0 Brownfield R&D Aggregates Site Y G G G R 0.1 Brownfield Park Lane Y G G G R 0.8 Brownfield Bed City Complex R G G G R 0.5 Brownfield Elgar House Green Street R G G G Y 15.3 Greenfield Former British Sugar Y Y Y G G Setting Ponds 0.1 Brownfield Mill Bank Garage R G G G R
Key: Flood risk: G=low flood risk; Y=medium flood risk; R=significant flood risk. ‘Water supply’, ‘Sewerage infrastructure’ and ‘Wastewater treatment’: G=little or no infrastructure upgrade needed; Y=minor infrastructure upgrade needed; R=major infrastructure upgrade needed. SuDS suitability: G=little or no restrictions for use of SuDS; Y=some restrictions identified for use of SuDS; R=major infrastructure upgrade required. The Environment Agency has prepared Water Cycle Study guidance (2009) – available at http://publications.environment-agency.gov.uk/PDF/GEHO0109BPFF-E-E.pdf
Local Authority Services and the Water Environment
17 Infrastructure Delivery Plans (IDP)
IDPs are prepared by local authorities, often at the both internal (i.e. within the council) and external sub-regional level, working with partners such infrastructure providers. as the Environment Agency, water companies, Highways Agency et al. They aim to identify the key To help future development contribute to WFD infrastructure issues and requirements to support objectives, it is important that water related future development, housing and employment infrastructure is covered in IDPs including: water growth brought about by Local Plan policies, and supply, sewerage and wastewater treatment, represent a component of the evidence base to drainage, sustainable drainage (SuDS), flood inform the preparation of local planning policy. defences and green infrastructure (including river Types of infrastructure covered in an IDP include corridors and flood plains). physical, social and green infrastructure. IDPs take into account the investment plans of external The Environment Agency is able to work with partners such as water companies and also local authorities and partners, such as water provides a mechanism to influence priorities of companies, in preparing the IDPs.
Getting the right local evidence
At a strategic level, effective local planning for duty to co-operate and the fact that water issues water and WFD issues requires a strong evidence often span local boundaries. base to understand the current status of water bodies, risks to their future status, opportunities Gathering evidence can also be cost-effectively for enhancement, water supply and wastewater embedded in the requirements of sustainability treatment infrastructure, green infrastructure appraisal, strategic environmental assessment and flood risk issues. In addition, more detailed (SEA) and habitats regulation assessment. For evidence can be required to inform site specific example, the SEA should include a review of planning policies. external policy objectives, including WFD priorities identified in River Basin Management Plans, This evidence gathering should be informed by and provide an assessment of the environmental local knowledge, expertise and local needs. It can impacts of planning policies, including impacts on incorporate sub-regional analysis, reflecting the the water environment.
Sources of information to inform Local Plan policies relating to water bodies and the WFD
The Environment Agency is keen to support the data including information on the WFD status of different needs of local authorities. There is a system called water bodies and local priorities for meeting WFD DataShare, which authorities can sign up to for free objectives: to access data. Details can be found at the Geostore • Humber River Basin www.environment-agency. www.geostore.com/environment-agency/ where local gov.uk/research/planning/124803.aspx authorities can register and then see what datasets are available. If datasets that local authorities • Severn River Basin www.environment-agency.gov. require are not available on DataShare, they can uk/research/planning/124941.aspx contact the Environment Agency national customer contact centre ([email protected]. Further detailed information on a particular uk) or a local Environment Agency office. stretch of watercourse can be found using the ‘In my backyard’ section of the Environment Agency The Environment Agency website has detailed website. Data can be found based on postcode information for each River Basin Management Plan, information.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
18 2.3.5 Examples of Local Plan policies which contribute to WFD Objectives
Local planning policies which can contribute to WFD • require planning applications that result in objectives include those which: wastewater or surface water to be drained to be accompanied by a water management statement • require that development proposals do not lead which identifies water cycle issues relevant to to deterioration of WFD water body status, the development proposal and the means of and which help to conserve and enhance addressing these; watercourses and riverside habitats; • require developments which adjoin a watercourse • encourage development proposals to improve to be set back to enable access and enhancement the water environment, e.g. restoring ‘natural’ of bankside habitats; watercourses through the removal of culverts and hard engineered structures, physical • require efficient use of water in new buildings and improvements to riverbanks and habitats, refurbishments, and if justified by local evidence, development of green infrastructure, overcoming higher levels of water efficiency beyond those set barriers to fish movement, urban regeneration out in Building Regulations Part G; or conservation projects, especially in relation • encourage the incorporation of sustainable to water bodies rated as having poor ecological drainage systems into new developments and status; retrofit of SuDS to reduce the risks of flooding • protect sensitive locations, for example wetland and enhance water quality and ecology; habitat and local abstraction points that may be • require the use of environmental assessments for protected areas in the RBMP; any proposed schemes where the local evidence • require upgrades to local water infrastructure shows that development might have significant (water supply, wastewater sewerage and treatment, impacts on water bodies. flood risk management, sustainable drainage and green infrastructure), for example, for strategic development sites in site specific/site allocation policies and Infrastructure Delivery Plans;
Local Authority Services and the Water Environment
19 Examples of local planning policies relating to WFD issues are provided below.
Peterborough City Council - Planning Policies Development Planning Document (Submission Version, April 2012)
Policy PP14 - The Landscaping and Biodiversity Implications of Development
Planning permission for the development will regeneration that surface water will be only be granted if the proposal makes provision removed from the combined system. for:… (d) the protection and, where necessary and • No new surface water connections to the feasible, the enhancement of water quality and combined or foul systems. habitat of any aquatic environment in or adjoining the site. For riverside development, this includes • The applicant is required to show that where the need to consider options for riverbank practicable, the SuDS scheme has been naturalisation (see Flood and Water Management designed to benefit biodiversity, wildlife and SPD for further guidance). ecology. • Where possible, schemes should consider (para 2.14.7) Most development near a river or how the site and the incorporated green watercourse will have the potential to impact infrastructure can connect to the Peterborough on water quality and, in turn, the biodiversity of Green Grid. the water body. The Water Framework Directive • If a site adjoins a watercourse, development (WFD), requires achievement of ‘good ecological must be set back to allow for access and the status’ in all surface freshwater bodies by 2015, development will be expected to drain to this and no deterioration in water body status. The watercourse. council is keen to embed the actions to meet the WFD into local policy to ensure that development • Where applicable, culverted watercourses should does not compromise achievement of WFD be opened up to create more natural drainage. requirements. Water quality is not the only contributor to ecological status; the landscaping In addition, the SPD states that: of the river is also crucial. Naturalisation of river • Ground conditions on brownfield land banks, where hard surfaces currently exist, can potentially affected by contamination should make a significant contribution to biodiversity, be investigated prior to decisions being made creating and improving habitats for native species. about design of drainage systems. • Riverside development must be set back from the Further guidance on implementation of policy water’s edge, allowing a corridor between the two PP14 is provided in Peterborough’s Flood and environments to allow access for maintenance Water Management Supplementary Planning and for habitat and ecological benefits. Document (Consultation Draft, Feb 2012). This provides guidance on topics such as sustainable • Riverside development is likely to want to use drainage Systems (SuDS), surface water the river to enhance aesthetics of the location. connections to sewerage systems, water quality, Landscaping measures should be co-ordinated aquatic habitats and river naturalisation. with the Environment Agency to provide ecological benefits. The Flood and Water Management SPD includes • Naturalisation and improvement of river banks requirements for development applications, such as: and the surrounding water environments has the most direct and measurable impact on • SuDS techniques must be considered for water bodies and their status. Hard surfaces all sites and new development must include or bank edges can be softening and planted permeable areas. to contribute to biodiversity; creating and • All SuDS schemes must protect and enhance improving habitats for native species. water quality by reducing the risk of diffuse • Assessment of Impacts – guidance from the pollution. Environment Agency on assessing the WFD • If the site is brownfield and in an area of impacts of developments may be included in combined sewers, it is expected through the SPD when this guidance develops.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
20 South Staffordshire District Council – Core Strategy Development Planning Document Publication Document (Feb 2011): Policy EQ7 – Water Quality
Development will be permitted where proposals Sites including Mottey Meadows Special Area do not have a negative impact on water quality, of Conservation (SAC) will be required before either directly through pollution of surface or development commences to demonstrate that groundwater or indirectly through overloading the development will have no adverse effect on of Wastewater Treatment Works. Consultation environmentally significant sites. Non mains drainage must be held with Severn Trent Water ahead of will not be permitted where it is likely to cause adverse the progression of any potential development to effects at sensitive ecological sites. Development ensure appropriate wastewater infrastructure proposals within the River Sow, River Stour, River is in place in sufficient time, particularly where Worfe and Wom Brook watercourse catchments potential development will depend on Codsall, must not adversely affect the water quality and where Penkridge and Wombourne Wastewater Treatment possible take measures to improve it. Works where there is a known capacity restriction. All planning applications must include a Further site specific analysis of any development suitable Sustainable Drainage (SuDS) scheme, proposals located in proximity or upstream of scheme, and greater detail will be considered environmentally significant sites, including Sites in a Sustainable Development Supplementary of Special Scientific Interest (SSSIs), and European Planning Document.
Lichfield District Council – Water Quality NR7 (Draft Core Strategy) • Development will be permitted where • Development proposals within the following proposals do not have a negative impact on watercourse catchments may be impacted by water quality, either directly through pollution water abstraction and wastewater treatment of surface or ground water or indirectly limitations: through overloading of Wastewater Treatment Works.
Low Water Quality Poor Ecological Status Moderate Ecological Status
Ford Brook Black Brook Burntwood Brook
Burntwood Brook Footherley Brook Ford Brook
River Tame Moreton Brook
River Trent River Blithe
River Mease
In line with the objectives of the Water Framework Directive, development must not result in any waterbody failing to meet the class limits for the status class declared in the final River Severn and Humber River Basin Management Plans.
Local Authority Services and the Water Environment
21 Good practice by local authorities in promoting WFD objectives through local planning policies • Get advice from the Environment Agency during • Area action plans – consider WFD issues in Local Plan development (particularly at the relation to specific strategic development sites early stages), including on the latest data and the measures required to protect and on local WFD issues, status of water bodies enhance water bodies – e.g. use of SuDS. Early and local WFD improvement priorities (e.g. engagement with the Environment Agency will information contained in RBMPs), to feed into again be beneficial. the evidence base. • Duty to co-operate – work with neighbouring • Consult water companies about future local planning authorities and other bodies development, infrastructure plans such as the Environment Agency and water and water company investment plans, companies in considering strategic/cross- including discussion on timescales for new boundary water issues, such as provision of developments and water company investments infrastructure for wastewater treatment and in water supply and wastewater treatment water supply; measures to address the causes infrastructure. and consequences of climate change, including managing flood risk; green infrastructure • Draw upon evidence and information such development; and protection and enhancement as River Basin Management Plans, Water of the natural water environment. A shared Cycle Studies, surface water management evidence base on water related issues (e.g. plans, strategic flood risk assessments and within a Water Cycle Study) is an excellent way Environment Agency investigation data on of demonstrating that a co-operative approach causes of local water quality problems. has been adopted.
• Develop local planning policies which reflect • Infrastructure delivery plans – integrate local WFD priorities, e.g. the need to reduce water issues and green infrastructure into urban diffuse pollution, improve the ecology of Infrastructure Delivery Plans, covering river corridors or re-naturalise water course issues such as water resources, wastewater channels. treatment infrastructure, water quality and green infrastructure to generate WFD benefits. • Water management statements – require planning applications that result in • Use sustainability appraisal, strategic wastewater or surface water to be drained, environmental assessment and (where to be accompanied by a water management required) habitats regional assessments to help statement which identifies water cycle issues develop planning policies which contribute to relevant to the development proposal and the WFD priorities identified in the River Basin means of addressing these. Management Plans and the wider evidence base. • Supplementary Planning Documents (SPD) – if a local area has significant water issues (e.g. quality or resources), potentially use Supplementary Planning Documents to provide additional information to help applicants make successful applications (whilst “not adding unnecessarily to the financial burdens on development”). Good examples of SPDs include Peterborough City Council’s Flood and Water Management Supplementary Planning Document (Consultation Draft, Feb 2012); Wychavon’s Water Management SPD; and West Wiltshire’s SPD, the River Biss Public Realm Design Guide.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
22 2.4 LOCAL AUTHORITY DEVELOPMENT MANAGEMENT FUNCTIONS
The National Planning Policy Framework stresses and enhance the water environment; prevent pollution the importance of the development management to groundwater and surface waters; address flood process in the delivery of sustainable development. risk; enhance riverside access and habitat; promote The process is also central to shaping the way that water efficiency and water quality improvements developments affect the water environment and through the use of SuDS and green infrastructure. contribute to meeting WFD objectives. The flow diagram below shows typical stages in the Development management processes should ensure development management process and indicates that individual developments meet local planning how consideration of WFD issues can be integrated policies relating to the water environment – for into the process. example, policies (see Section 2.3.5 above) to: protect
Stage in the development management/ Possible ways of integrating WFD planning application process: issues into the process: LA may advise applicant about need to consider relevant water issues – e.g. water Applicant encouraged to have pre-- efficiency, drainage/SuDS, pollution control, application advice from LA naturalisation, deculverting etc. Where relevant, applicants can be referred to a SPD relating to water issues.
LA or applicant may seek advice from the Environment Agency on potential water issues
Applications may need to include information on how water issues are addressed – e.g. in a Applicant completes planning Water Management Statement, drainage application strategy and environmental impact assessment covering WFD issues (drainage, water quality, habitats, flood risk etc).
Application is checked by LA to ensure LA checks could include ensuring that information on potential water related issues, all required details are included impacts and mitigation is included.
LA issues site notices, notification of LA passes application to EA, water companies et al if application has potential water related adjoining owners and statutory issues. EA responds to LA on these issues consultees and mitigation.
LA planning officer evaluates LA could discuss points raised by EA and identify possible mitigation and conditions to information received, visits site address potential impacts.
LA assesses application against Local LA may seek advice and discuss points with Plan policies and other relevant EA, water companies et al on potential water considerations issues and mitigation.
LA officer makes recommendation or Recommendations may include planning passes application to Development conditions relating to water issues. Management committee to consider
Permission granted or refused. Conditions may be added. Applicant’s right of appeal.
Building Control checks compliance with Construction phase Building Regula@ons, including drainage.
Local Authority Services and the Water Environment
23 The table below summarises ways in which new developments can be designed to contribute to WFD objectives and mitigate potentially negative impacts on water bodies.
Mitigating potential impacts of developments on water bodies
Potential impacts of Potential measures for mitigating impacts: developments on water bodies: Diffuse pollution in • Use SuDS to reduce volumes and improve water quality of surface runoff, e.g. surface water runoff permeable surfaces and reed beds – see Section 2.5 for further information. from development sites • Incorporate permeable areas into new developments. • No new surface water connections to combined sewer17 or foul systems. • If the site is brownfield and in an area of combined sewers, remove surface water from the combined system. • Potential use of wastewater treatment systems if required after other measures. Drainage • Request drainage plan from applicant. misconnections • Check for correct drainage connections during building control site inspections. Sediment runoff from • SuDS schemes to reduce sediment runoff. land, including during • Require environmental management practices during construction phase to construction phase control surface runoff. Pollutants from • Require contaminated land to be remediated or contained to avoid pollution contaminated land seeping from land into rivers or groundwater. entering surface water • Investigate ground conditions on brownfield land potentially affected by and groundwater contamination prior to decisions about design of drainage systems. • Require that contaminated land if disturbed during construction will not have negative impacts on water bodies. Increased water • Water efficiency measures (e.g. water efficient bathroom fittings, greywater demand and risk of systems and water butts for garden use) in new and refurbished developments. over-abstraction Physical man-made • Include design features that promote more natural watercourses. Existing modifications to water hard surfaces or banks can be softened or planted. bodies • Investigate opportunities for opening up previously culverted watercourses to create more natural drainage. • Do not permit developments if they significantly modify natural watercourses that leads to deterioration in WFD status18. Impacts on water body • SuDS scheme should be designed to benefit biodiversity, wildlife and ecology. ecology and habitats • Developments adjoining watercourses should be set back to allow for access and habitat improvement. • Connect the site and its green infrastructure to wider green infrastructure networks in a local area. • Require appropriate form and landscaping of riverbanks to enhance habitats, e.g. re-profiling of banks, creation of reed beds and wetland habitat. • Landscaping measures to enhance aesthetics of riverside developments should be designed to provide ecological benefits.
Note: Issues of water supply, abstraction and wastewater discharge are dealt with by the Environment Agency and water companies.
17 Combined sewers carry foul wastewater and rainfall in the same pipes to a local wastewater treatment works for treatment prior to discharge to a suitable local watercourse or the sea. Houses built since the mid-1960s generally have separate systems, while those built before tend to have combined systems. 18 Where impacts from development would cause deterioration solely because of physical modification, a local planning authority may be able to use WFD Article 4.7 to approve a scheme if certain conditions are satisfied, for example, where the social benefits of a project outweigh the environmental damage, and reasonable steps are taken to reduce the damage.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
24 The Environment Agency has prepared further information on potential measures for mitigating possible impacts of development and human activities on water bodies (such as physical modifications to watercourses). This is contained in the Water Framework Directive Mitigation Measures Manual, available on the Environment Agency’s website19.
Case Study – River and wetland restoration at Asda development in Andover
The Asda development in Andover in Hampshire provides a good example of how planning and design processes have helped to deliver benefits relating to the WFD.
The brownfield site of the new Asda store next to the River Anton in Andover had poor access to the river, was forgotten, silted up and generally in poor environmental condition with a heavily modified and poor ecological habitat. The new Asda development incorporated habitat creation, such as new wetland areas 10 metres wide along 250 metres of the River Anton, a rock ramp fish pass and otter holt and re-profiling of the river bed – all greatly improving habitat continuity.
It also brought water quality improvements Pre-existing brownfield site through SuDS aspects of the surface drainage arrangements, maintained and improved flood risk management; and greatly improved access to the river with new riverside access to Bridge Street.
River habitat improvements, including creation of pools in New riverside habitat incorporated into the design scheme river morphology including creation of new wetland habitat
19 Water Framework Directive Mitigation Measures Manual – Environment Agency website: http://evidence.environment-agency.gov.uk/FCERM/en/SC060065.aspx.
Local Authority Services and the Water Environment
25 Building control inspections
After planning permission has been granted and building work commenced, local authority building control or building regulation site visits are also important in protecting water bodies. For example, building regulation inspections of new buildings and extensions or refurbishments should include checks on drainage connections (under Part G of the Building Regulations) to identify any misconnection problems (e.g. foul water wrongly connected to surface water drains; or surface water wrongly connected to combined sewers where local planning policies do not permit this).
Good practice in promoting WFD and water environment benefits through development management and building control functions • In-house training and awareness raising • Incorporating water quality/WFD issues (with support from Environment Agency) for into validation checklists or requiring the local authority development management use of water management statements to officers and elected members on the planning accompany planning applications, covering committee, on the water environment, water drainage, SuDS, water efficiency etc. – see quality and WFD issues, including on SuDS, Peterborough’s SPD on Flood and Water water efficiency and drainage misconnections. Management for an example. Also, training for drainage engineers, building • Use of site specific environmental impact control officers and highways engineers. assessments, incorporating water environment • Local authority actions to raise awareness issues, to identify potential impacts on the amongst planning applicants/developers water environment and means of mitigating about local planning policies relating to impacts. the water environment, the evidence base • Local authority building control officers which underpins the policies and practical checking for issues such as drainage ways in which policies can be reflected in misconnections during site visits to sign off development applications; plus guidance on building work, in line with building regulations. information on water issues that needs to be included in planning applications (e.g. in water • Monitoring – having appropriate indicators to management statements). Possible use of monitor the effectiveness of implementation supplementary planning documents. of Local Plan policies relating to the water quality, flood risk, drainage, SuDS etc., for • Identify proposed developments that may affect example: water bodies as early as possible, drawing on advice from the Environment Agency and – number of planning permissions granted information on local WFD priorities. that are contrary to SuDS guidance issued by the local authority; • Use of early pre-application discussions with developers including on WFD issues such as – the number of planning permissions sustainable drainage and re-naturalisation of granted that are contrary to the advice of watercourses, where relevant. the Environment Agency on water quality or flood risk grounds; • Consulting the Environment Agency on planning applications which have potential – the number of brownfield development impacts on the water environment, priority planning permissions granted which reduce local watercourses requiring improvement or surface water flows into sewers. opportunities for enhancing water quality and environment.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
26 2.5 LOCAL AUTHORITY DRAINAGE, FLOOD RISK MANAGEMENT AND SUDS FUNCTIONS
Legislation in the form of Flood Risk Regulations Forthcoming SuDS Approving Body (SAB) roles: (2009) and the Flood and Water Management Act • The Flood and Water Management Act also (2010) gives local authorities significantly enhanced establishes a SuDS Approving Body (SAB) at roles in drainage, flood risk management and county or unitary local authority levels. The sustainable drainage systems (SuDS): SAB will have responsibility for the approval of • County councils and unitary authorities are now proposed drainage systems in new developments designated as lead local flood authorities (LLFA) and redevelopments, subject to exemptions and to manage local flood risk – from surface water thresholds. In order to be approved, the proposed runoff, groundwater and ‘ordinary watercourses’, drainage system would have to meet new national i.e. not ‘main rivers’20. The Environment Agency standards for sustainable drainage. is responsible for managing flood risk from ‘main • All developments with significant ‘drainage rivers’, the sea and reservoirs. implications’ (to be defined by national • LLFAs must develop, maintain, apply and monitor government in due course) will be required to a strategy for local flood risk management install SuDS. Drainage strategies for such sites in their area. Local flood risk management will be submitted for review by the SAB. strategies must be informed by strategic studies • If the drainage strategy is approved, the SAB will and initiatives such as River Basin Management then vet the construction of the SuDS as they Plans, catchment flood management plans, are built. If approval is not given for the drainage strategic flood risk assessments and surface strategy then development is not allowed to start water management plans. All interested parties on site, regardless of whether or not the site has will need to be consulted including those planning permission. involved with River Basin Management Plans under the Water Framework Directive. This • The SAB will be responsible for adopting and highlights the important and close links between maintaining SuDS which serve more than one these complementary areas of flood and water property, where they have been approved. management regulation. Highways authorities will be responsible for maintaining SuDS in public roads, to national • LLFAs also have a regulatory (and enforcement) standards. role on ordinary watercourses. Anyone constructing or altering structures and culverts Defra has consulted on SuDS standards, and these on these watercourses must obtain the consent include standards relating to water quality – e.g. the of the LLFA. In determining applications for number of SuDS treatment stages needed to reflect consent, the LLFA must take account of the WFD. the sensitivity of the receiving surface water bodies • District councils and LLFAs have powers to and the level of pollution risk from different types carry out works on ordinary watercourses. of site – e.g. roof drainage (low risk); residential, They may implement and maintain flood commercial and industrial sites (medium risk); and defences on ordinary watercourses; and also high risk areas such as areas used for handling and take enforcement action against any persons storage of chemicals and fuels. (known as ‘riparian owners’) failing to maintain a watercourse for which they are responsible. To accompany the new SuDS Approving Body (SAB) roles, Defra will be producing detailed guidance on • LLFAs, district councils and highways authorities SuDS. As a result, this Advice Note does not seek have a duty to contribute to sustainable to duplicate any forthcoming guidance, and instead development in discharging their flood risk briefly describes various SuDS techniques and management functions – which fits well with outlines how SuDS can generate WFD and water the ecological, environmental and water quality quality benefits. objectives of the WFD.
20 Ordinary watercourses are a statutory type of watercourse in England and Wales which include a river, stream, ditch, drain, cut, dyke, sluice, sewer (other than a public sewer) and passage through which water flows and which does not form part of a ‘main river’. A main river is another statutory type of watercourse, usually larger streams and rivers.
Local Authority Services and the Water Environment
27 Sustainable Drainage Systems (SuDS)
SuDS perform one or more of four key functions – benefits, help areas adapt to climate change and infiltration; storage and attenuation; flow control; can significantly contribute to the quality of a and treatment of water. They can be installed development through their amenity, biodiversity in new developments or retrofitted into existing and social benefits – helping to create attractive sites. They cover the whole range of techniques places, which can increase the value of properties including those outlined in the table below. and encourage people to use the outside space.
SuDS bring multiple benefits. As described in the SuDS will become increasingly important because following tables, as well as helping to reduce flood of the expected increase in intense rainfall events risk, they can also help to improve the quality of due to climate change, which will increase the water entering the watercourse, provide ecological likelihood of surface water flooding.
Examples of SuDS technique Description and benefits
Basins, ponds and wetlands These receive and store surface runoff from other SuDS schemes within the surrounding area. They offer the benefits of attenuating the flow of surface water, providing a storage function, and improving water quality through filtration, sedimentation and biodegradation (for example, through the use of reed beds). Filter drains Often linear drains filled with permeable material, these are a form of source control that can be used to improve the quality of water directed into them. They also help to attenuate flow of runoff before it reaches a sewer or watercourse. Filter strips These are generally sloping areas of land, planted with grass and / or shrubs, and usually lie between a hard surface and a water body such as a stream or lake. Surface runoff is directed through the filter strip, thereby attenuating the flow, allowing for infiltration and the removal of pollutants. Green roofs Roofs covered by turf can intercept rainwater at source, thus reducing runoff rates. They can also provide a treatment function by absorbing pollutants. Green roofs also encourage biodiversity. Infiltration trenches and soakaways Infiltration devices such as trenches or soakaways in urban parks increase absorption of runoff generated across a development site; thereby improving water quality via filtration and by encouraging breakdown of organic matter. Permeable surfaces Permeable surfaces can be used in urban car parks and pavements. They allow infiltration, help filter out pollutants and aid biodegradation of organic matter. Rainwater harvesting Rainwater harvesting, e.g. collecting runoff from roofs in water butts, provides water for non-potable uses such as flushing toilets and watering vegetated areas. Swales Swales are a form of source control. They consist of grass verges or channels designed to convey rainwater runoff allowing for infiltration, attenuation of flow and a reduction in sediment load and pollution levels.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
28 SuDS techniques for generating water quality, environmental and water quantity benefits
SuDS techniques: Water quality Environmental benefits Water quantity benefits improvements Aesthetics Amenity Ecology Conveyance Detention Infiltration Water harvesting
Water butts, site layout l l l l l l . l & management
Permeable pavements . l l l . . l
Filter drain . . .
Filter strips . l l l l l l
Swales . l l l . . l
Ponds . . . . . l .
Wetlands . . . . l . .
Detention basin . l l l .
Soakaways . .
Infiltration trenches . l . .
Infiltration basins . l l l . .
Green roofs . . l . .
Bio-retention areas ......
Sand filters . . l
Silt removal devices .
Pipes, subsurface l . . storage
Key: . Significant potential benefits l Some potential benefits subject to design
(Source: adapted from the CIRIA SuDS Manual, Table 1.7 and the Peterborough City Council draft Flood and Water Management SPD).
Costs of SuDS
The Government’s SuDS consultation (December Other sources of information on SuDS include: 2011) stated that SuDS should not be more expensive • the Environment Agency’s publication Sustainable than an equivalent conventional drainage design. Drainage Systems (SuDS) – A Guide for The consultation included an annex containing Developers http://publications.environment- details and case studies on SuDS costs, including in agency.gov.uk/PDF/GEHO0308BNST-E-E.pdf comparison with traditional drainage schemes – it is noted however, that SuDS costs can be highly • CIRIA – The SuDS Manual (2007) and SuDS variable depending on the characteristics of specific training courses www.ciria.com/suds/ sites. The new SuDS Approval Bodies (SABs) will • CIRIA – publication Retrofitting to manage involve affordability discussions with developers and surface water (CIRIA ref. C713) (March 2012). it is expected that Defra will develop further detailed guidance on SuDS costs during 2012. Further information on SuDS in relation to highways is provided in Section 2.6.
Local Authority Services and the Water Environment
29 Case Study – SuDS water quality benefits – Lamb Drove, Cambourne, Cambridgeshire
Lamb Drove is located in Cambourne, a new being released to a local drainage ditch outside settlement 13km west of Cambridge. It is part of the development site. a large residential development and comprises 35 affordable homes (built by Cambridge Housing When the capacity of source control measures Society) on a one hectare site. The aim of this SuDS are exceeded the excess water is safely stored project was to showcase practical sustainable and treated in larger SuDS features integrated water management techniques in residential within public open space until the flood risk has developments. Monitoring has demonstrated water passed. Such measures also contribute to the quality benefits, as well as flood risk, ecological provision of green space, green infrastructure, and economic benefits. The project demonstrated visual amenity and promoting wildlife. that SuDS are a viable and attractive alternative to more traditional forms of drainage.
A range of SuDS measures were used to demonstrate different techniques and the use of a ‘management train’ from ‘prevention’ to ‘site control’ and ‘regional control’ techniques. The measures include: • water butts to collect rainwater for use in gardens; • permeable paving in roads and car parking areas; Swales – most of the excess water from the site is fed into a • a green roof; series of shallow open channels, further slowing the flow of • swales; water and continuing the water treatment process • detention and wetland basins; and • a retention pond.
As shown in the plan on the next page, the scheme uses drainage techniques in series to improve water quality and controls quantity of runoff, flow rates and volumes. It mimics as far as possible the natural pattern of drainage prior to development and uses techniques to manage runoff as close as possible to source.
Detention Basin At Lamb Drove measures have been kept simple, natural and visible. The aim is to control runoff starting as close as possible to its source.
Rain falling on roads or paths will pass through the permeable block paving, where it is filtered and stored in the permeable layer of crushed rock below, or flows into under-drained swales where water is treated and conveyed. Water then travels downstream through a series of swales, detention basins and wetlands until it reaches a final retention pond, where it is stored before Permeable Paving
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
30 Case Study – SuDS water quality benefits – Lamb Drove, Cambourne, Cambridgeshire (continued)
Benefits in reducing urban diffuse pollution and improving water quality
A controlled experiment has been carried out • Suspended solids are generally below which compares water quality and attenuation expected levels. of water after rainfall at two sites – Lamb Drove • Quantitative evidence of a benefit in relation (SuDS) and Friar Way (traditional drainage). to phosphorus, nitrogen, chemical oxygen Results from the first year’s monitoring are as demand (COD), biochemical oxygen demand follows: (BOD) and ammonia. • In comparison with the control site the • The SuDS site shows significant attenuation SuDS scheme is acting to improve water in discharge following rainfall events. SuDS quality; illustrated through reductions in features act to delay discharge of water from concentrations of a variety of pollutants and the site. other indicators. Source and further information available at www.ciria.com/suds/cs_lamb_drove.htm
Good practice by local authorities in promoting WFD and water environment benefits through their flood risk management, drainage and SuDS roles • Establishing planning policies in Local Plans • Inclusion of questions relating to SuDS and water which support the use of SuDS and encourage quality benefits in development management SuDS schemes to generate water quality and validation checklists or water management ecological benefits. statements used in planning applications. • Establishing planning policies which promote • Local authority drainage and flood management the use of green infrastructure to reduce the officers reviewing planning applications to flag up risk of floods, improve water quality, ecological any applications with potential drainage and flood status of water bodies and contribute to WFD risks and opportunities for integrating SuDS. objectives. • In-house training (with support from the • Raising awareness amongst local developers Environment Agency and Defra) for local and planning applicants of SuDS techniques authority officers (e.g. planners, development which promote water quality and ecological management staff, drainage officers) and benefits, as well as the requirements of local elected members on planning committees to planning policies on SuDS and information that raise awareness of SuDS techniques, including needs to be included with planning applications. those which bring water quality benefits.
Local Authority Services and the Water Environment
31 2.6 LOCAL AUTHORITY HIGHWAYS FUNCTIONS
Local authority functions relating to highways differ Controlling impacts on water bodies between unitary and upper tier (county) authorities, and district level authorities. The Highways Agency is There is a growing appreciation of how good responsible for motorways and trunk roads. Unitary practice in highways design, use of SuDS, highways and upper tier authorities are the local highway maintenance and cleansing regimes can provide cost authorities with statutory responsibility for the non- effective solutions for controlling volume and quality trunk road network, including determining planning of highways runoff. These practices are supported by applications relating to highways, highways design, standards and guidance such as: managing highway drainage, maintenance activities • the Highways Agency’s Design Manual for Roads for drains and gulleys, resurfacing and repairing of and Bridges21, which includes volumes on topics highways, salting and gritting, managing streetworks such as drainage (Volume 4), environmental by others such as utility companies. design (Volume 10) and environmental assessment (Volume 11); District council responsibilities relating to highways • the Memorandum of Understanding between include public car parks and street cleansing. Some the Environment Agency and Highways Agency22 district councils also deliver highway maintenance (including Annex 1 Water Environment and Annex services contracted-out by county councils. 3 Incident Management); Highways and WFD objectives • the Scottish Environmental Protection Agency (SEPA) publication SuDS for Roads23 (2010) which includes Roads are a major source of diffuse pollution information on SuDS for new roads, retrofitting of and a key target area for the WFD, both in terms SuDS and whole life costs of SuDS; and of controlling the volume and the water quality • information on the Highways Agency’s website24 of highways runoff. Runoff can carry a mix of on ‘Dealing with Water Quality and Flood Risk polluting substances, such as oils, toxic metals, within the Highways Agency’. pesticides, salts and sediments which can seriously affect surface and groundwater bodies, as well as increasing local flood risk. Highways design can also affect the morphology of watercourses, including through the use of artificial channels and culverts.
21 Highways Agency’s Design Manual for Roads and Bridges www.dft.gov.uk/ha/standards/dmrb/ 22 www.highways.gov.uk/aboutus/documents/MoU_Env_Agency.pdf 23 SuDS for Roads http://www.scotsnet.org.uk/documents/SudsforRoads.PublishedAug2009_001.pdf 24 http://www.highways.gov.uk/knowledge/18542.aspx
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
32 Examples of good practice in local authority highways functions to protect the water environment and provide WFD benefits Assessment of pollution and flood risk from new • Where roads are constructed through brownfield and existing road networks: contaminated sites, measures will be required • Use of environmental assessment tools and SuDS schemes will need to be designed (incorporating consideration of the water carefully to prevent pollutants seeping out of environment) for ensuring that new road contaminated soils into surface or groundwater. projects minimise water pollution and flood risk. • Highways design to reduce impacts on water • Where a potential pollution or flood risk is body morphology. identified as part of an environmental impact • Retrofitting of SuDS into an existing road assessment, decisions and drainage design scheme for example during road reconstruction should be used to mitigate these risks. and resurfacing work, new development or • Working with the Environment Agency in residential expansion. SuDS techniques which identifying water pollution and flood risk can be suitable for retrofit include: installation potential from existing road networks, of sediment traps, silt traps and oil separators, identifying any high risk areas. roadside filter strips, basins, ponds, filter drains, swales and porous road and pavement surfaces. • Working with the Environment Agency in identifying permitting requirements for Highways/street maintenance: discharges from highways into watercourses. • Highways maintenance to ensure blockages • Developing a programme of works to install are prevented and drainage systems perform treatment or containment measures at existing effectively. highways drainage outfall sites that have been • Cleaning of gulley pots and silt traps/’catchpits’, identified as posing a potential pollution risk. more frequently in known pollution trouble spots. Road design: • Cleaning and vacuum sweeping to prevent • Design of road drainage for new roads including clogging and ponding on permeable surfaces. appropriate SuDS to channel and attenuate • Frequent street and gulley cleansing regimes excess water from roads to prevent flooding to reduce the risk of pollution from highways and improve water quality, as well as using runoff, including avoiding ‘spikes’ in pollutant engineered solutions using infiltration, storage levels arising during heavy rain after periods of and attenuation, flow control and water treatment. dry weather. Potential techniques include the use of: • Clearing litter and blockages from highways – porous surfaces, such as porous asphalt drains. and block paving; – kerbs and gullies, incorporating gulley • Management of winter salt and gritting pots, sediment traps, silt traps and oil operations to minimise polluting runoff and separators; impacts on the water environment. – swales – shallow vegetated channels designed • Management of pesticide and herbicide use to convey road runoff and treat pollutants; alongside roads to avoid impacts on water – roadside filter drains, sand filters, quality and water body ecology, including infiltration trenches and vegetated filter training of spray operators. strips alongside roads; Accidental spillages and incident response: – engineered stormwater filtration and • Close working by local authorities with partners treatment systems; such as the Environment Agency and fire and – bioretention – shallow landscaped depressed rescue service to control pollution risk from areas that are under drained and rely on accidental spillages of fuels, chemicals or other enhanced vegetation and filtration to reduce polluting materials on highways or incidents. runoff volumes and remove pollutants; – storage and overland flow – using ponds, • Staff trained in the use of spill containment kits, wetlands, basins, balancing ponds, on highways and highways depots. Storage of soakaways and detention/infiltration basins. materials at local authority highways depots to avoid pollutants entering surface water drains.
Local Authority Services and the Water Environment
33 Examples of SuDS techniques for highways
Ponds
Porous paving Filter strips and silt traps
Bioretention Swales/vegetated channels
Bioretention (section) Porous asphalt and impermeable geomembrane
Source: SuDS for Roads – SEPA (2010)
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
34 Case Study – Islington Borough Council – Skinner Street
An evaluation by Islington Council of the road • Nearby public parks offer SuDS ‘retrofit’ layout at Skinner Street identified a number opportunities by collecting shallow runoff, of possibilities for integrating SuDS into the and provide SuDS amenity within the park redesigned road junction: before release of remaining water to the sewer using bioretention basins. • Permeable surfaces – resurfaced with permeable block paving or porous asphalt. These SuDS features have the potential to reduce • Kerb extension – where a reduction in the amount of water entering local sewers, on-street parking or carriageway width is improve the water quality of highways runoff acceptable, the resulting space can be used and provide amenity opportunities for the local as bio-retention features. community.
• Use of planted areas for SuDS. Source: Islington Council ‘Promoting Sustainable Drainage Systems – Design Guidance for Islington’ • Using space within road intersections for SuDS planters to collect highways runoff.
Local Authority Services and the Water Environment
35 2.7 LOCAL AUTHORITY ENVIRONMENTAL HEALTH AND POLLUTION CONTROL FUNCTIONS
Good practice by local authorities in promoting water framework directive (WFD) and water environment benefits through environmental health and pollution control functions
• Misconnections: Working with the Environment Addressing misconnections Agency and water companies in raising awareness amongst households, businesses, Misconnections occur when ‘foul’ wastewater (e.g. building and plumbing companies about the from toilets, washing machines etc.) is wrongly problem of misconnections and potentially connected into surface water drainage systems using Building Act (Section 59) powers to which eventually discharge into local rivers and require misconnections to be rectified. brooks, rather than being connected to foul • Environmental management: Working with the water sewers which discharge to wastewater Environment Agency on campaigns to raise treatment facilities. They can also occur when awareness amongst businesses and industrial surface water drains are wrongly connected to foul estates of surface water pollution and practical sewers, increasing the risk of sewer flooding and steps for reducing pollution risk, especially on overflows into watercourses. local authority owned industrial estates. Working with the Environment Agency and water • Discouraging, removing and, if appropriate, companies, local authorities can play a key role, issuing penalties for litter and waste dumped linked to powers established by Section 59 of into watercourses. the Building Act 1984 relating to the satisfactory • Pollution control: Local authority permitting provision of drainage for existing buildings. of installations categorised within “A2” and Where the private drainage is unsatisfactory or Part B of the Pollution Prevention and Control is a hazard to health or a nuisance, the local (England and Wales) Regulations 2000, authority can serve notice requiring the owner to regulated by local authorities under local make satisfactory provision for the drainage of authority integrated pollution prevention and the building. If the person on whom the notice is control (LA-IPPC). served fails to execute the works then the local authority has powers to enter buildings (Section • Statutory nuisance and planning consents: 95 of the Act) to carry out works and recover its Using planning consents and statutory costs from the householder, in doing so under nuisance duties to prevent water pollution from Section 99 of the Act. unauthorised operations, such as unauthorised car washing operations which lack planning Local authority building control teams also permission. have an important role to play during building regulation inspections of building work, by checking that foul drainage connects to a public foul sewer or combined sewer, as required by Part G of the Building Regulations.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
36 Case Study – Rectifying misconnections in Torbay to achieve water quality improvements
From March 2010 to December 2011, Torbay • Awareness raising: The council has also Council worked with the Environment Agency worked with the Environment Agency and and South West Water to reduce pollution South West Water in raising public and entering local watercourses caused by drainage business awareness of misconnections and misconnections. The work has involved: the importance of not pouring polluting substances down surface water drains, via • Monitoring and investigation: The Environment local events, press and media campaigns Agency and South West Water undertook and simple information leaflets included visual inspection and water quality within council tax notices and building control monitoring to identify watercourses affected literature (see overleaf). by misconnections. Dye testing and visits was then used to identify properties with misconnections, including households, businesses and hotels. • Correcting misconnections: Once identified, the EA, Torbay Council or South West Water notified the property owner or householder that they have a misconnection problem and that they needed to correct it to avoid pollution and a potential fine. In 95% of cases the householder or property owner then undertook work to rectify the misconnection. In the remaining 5% of cases, Torbay Council served enforcement notices under section 59 of the Building Act which gives the Council Testing water quality the power to correct he misconnection and recharge the cost to the owner. Improvements Achieved: Between March • Training is also being provided to Torbay 2010 and December 2011, approximately Council’s Building Control officers and 130 misconnections in the Torbay area were Environmental Health officers by South West rectified, including households, car washes and Water and the Environment Agency to raise industrial buildings. This stopped approximately awareness of misconnections and help them 5,000 cubic metres of dirty water entering to identify problems, including via building local watercourses. These reductions resulted control inspection visits. in immediate water quality improvements, including to Torbay’s bathing waters. The work has significantly reduced the risk of water bodies failing to meet WFD quality standards.
Local Authority Services and the Water Environment
37 Case Study – Washwood Heath Brook – Birmingham City Council, the Environment Agency and partners
Washwood Heath Brook rises in the Little Bromwich area to the east of Birmingham and is part of the River Tame catchment. It has suffered for years with pollution as a result of its urban location, but in recent years the pollution caused by fly-tipping and misconnections spurred the local community, the City Council, Environment Agency and partners into action. Misconnections caused foul water to discharge untreated directly into the brook which in turn caused odour problems and pollution – killing water plants and fish – and creating a grey mat of sewage fungus which coated the bottom of the brook. Local partners came together to tackle the problem:
• Birmingham City Council removed the piles of Before fly-tipped rubbish which was clogging the brook and cleaned and re-profiled a length of the brook in the park. • Severn Trent Water surveyed the catchment and identified properties with misconnections. They alerted the owners to the problem as the householder is responsible for putting the situation right. • The Environment Agency led on a publicity campaign to raise awareness of the problem of misconnections and fly-tipping and also sampled the water to monitor progress and improvements. • Community service volunteers (CSV Environment) used their network of street After Champions to help the local community to engage in the improvements.
Clearing the brook of debris and reducing pollution from misconnections has allowed the water to flow freely and created cleaner, clearer conditions helping to improve water quality, attract wildlife and improve the local environment for people.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
38 2.8 MANAGING A LOCAL AUTHORITY’S OWN BUILDINGS, ASSETS AND GREENSPACE
Good practice in local authority management of buildings, assets and greenspace to protect the water environment and provide WFD benefits include • Greenspace management practices such as • Management of buildings and housekeeping mowing regimes and buffer zones to reduce to avoid pollution arising from drainage rates of runoff and potential pollutants misconnections, spillages, chemical storage, entering local watercourses, management of preventing polluting substances going down pesticide use, control of invasive plant species surface water drains, vehicle washing etc. and design of planting schemes to reduce • Raising awareness of water pollution and demand for water. water efficiency issues amongst local authority • Design of local authority owned buildings and tenants (domestic and business tenants). grounds, such as schools, offices, council • Work to conserve and enhance green owned housing, to incorporate sustainable infrastructure, including that linked to drainage features, green infrastructure and watercourses, including development of green water efficiency measures in buildings. infrastructure (GI) strategies and action plans. • Maintenance of sustainable drainage systems (SuDS) on local authority owned premises.
Local authority management of buildings, assets and as a catchment wide co-ordinated strategy with greenspace activities can provide water environment collaboration of all relevant parties. Information benefits in a variety of ways: on management and control techniques are contained in documents such as the Environment • Mowing regimes: By reducing the frequency of Agency publication ‘Managing invasive, non- mowing, the rates of surface water runoff can native in or near freshwater’25. be reduced, thereby reducing sediment loading and risks of polluting substances entering • SuDS design and maintenance: Effectively watercourses. Longer grass areas have a greater designed and maintained SuDS schemes on local capacity for water retention and infiltration, and authority sites and land can provide valuable buffer zones alongside watercourses also help flood management, water quality, ecological to filter out potential pollutants and provide and amenity benefits. Examples of good bankside habitat benefits. practice approaches are available on the CIRIA website26 and in guidance such as ‘Operation • Invasive plant species such as Himalayan and Maintenance of Sustainable Drainage Balsam, Japanese Knotweed, Floating Pennywort Infrastructure’27. and Giant Hogweed can have significant impacts on watercourse ecology, suppressing the growth • Use of pesticides/herbicides: Poor management of native flora, damaging habitat for insects and of pesticide and herbicides can have serious fish, impeding water flow and increasing flood effects on water quality and water body ecology. risk. Responsibility for dealing with invasive Training of spray operators and adoption of good weeds rests with individual landowners, including practice such as in the Amenity Forum’s briefing local authorities. Control efforts by individuals note on ‘Pesticides and water protection for can help reduce the spread of invasive non-native sprayer operators’ helps to minimise potential species and are most successful if carried out impacts on the water environment.
25 Environment Agency publication ‘Managing invasive, non-native in or near freshwater’ (2010) http://publications.environment-agency.gov.uk/PDF/GEHO0410BSBR-E-E.pdf 26 www.ciria.com/suds/ 27 ‘ Operation and Maintenance of Sustainable Drainage Infrastructure’ – prepared for the DTI, available at www.ciria.org.uk/suds/pdf/maintenance_summary.pdf
Local Authority Services and the Water Environment
39 • Water use in greenspace management: Good • Drainage and misconnections: Wrongly connected practice includes design of planting schemes to foul and surface water drains are a widespread reduce demand for water through appropriate cause of diffuse pollution. Local authorities can plant selection, grouping plants according to their help to reduce these problems by ensuring that watering needs, planting slopes with plants that their buildings and assets (e.g. vehicle yards) will retain water and help reduce runoff, mulching have correct drainage connections; procedures around trees and plants to slow evaporation and for storage of chemicals and potentially polluting introducing microclimatic changes such as wind substances; labelling or colour coding surface barriers, shade cover and vegetative soil cover. water drains to avoid polluted substances being poured down them; ensuring that staff are aware • Water efficiency measures: Recent droughts and trained in use of drains and spill response covering much of England have highlighted the measures; ensuring that spill response kits are need to increase levels of water efficiency. Section available on sites with potential water pollution 83 of the Water Act 2003 imposes a duty on risks; and raising awareness amongst tenants public authorities (including local authorities) to (domestic and business) about water pollution. conserve water. Councils can save water in their own operations (e.g. buildings and greenspace • Actions to conserve and enhance green and management) and also encourage water ‘blue’ infrastructure, such as the development efficiency practices amongst local residents, of green infrastructure strategies and action businesses and partners. Sources of advice plans – including that needed to support of new that local authorities can signpost to include: development, population and housing growth. Waterwise and water companies for domestic Examples of good practice include work by users; and WRAP, Waterwise, Business Link and Worcestershire County Council the Environment Agency for business users. In • With partners such as the Environment Agency, addition, the Environment Agency provides advice Natural England, Forestry Commission and and information to water abstractors. Wildlife Trust to develop a strategic green infrastructure framework for the county The box below shows examples of actions taken which includes plans for integrating green by Worcestershire County Council in response to infrastructure into strategic development sites. drought conditions in 2012.
Case Study – Worcestershire County Council – local authority buildings
Worcestershire County Council is committed to features have been carefully designed to provide ensuring that the council’s buildings are designed educational, water cost reduction, aesthetic and and managed in ways which minimise impacts on ecological benefits. the water environment – including through use of water efficiency measures, sustainable drainage and design for climate change resilience. Buildings also incorporate techniques to enhance energy efficiency, use renewable energy and reduce carbon emissions.
Redhill Primary School in Worcester provides an excellent example of a building adapted to deal with future flood risk and climate change, incorporating sustainable urban drainage, swales, ponds, porous asphalt and hard surfaces, rainwater harvesting, water efficiency, green roofs, large roof canopies and overhangs, and enlarged guttering. These sustainable drainage
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
40 Examples of actions by Worcestershire County Council in response to drought conditions in 2012
Emergency response: • Ensuring emergency water supply for • Liaising with Severn Trent Water, the properties reliant on private water supplies. Environment Agency and district council to provide complementary communication • Drought risk assessment. messages on drought and water efficiency. Water conservation (own buildings and activity): • Promoting schools water quality project where appropriate. • Identifying existing water consumption in council buildings and activities and identification • Developing winter water storage guidance for of large water users – for use in monitoring agricultural land, with district councils, the future use and progress with water efficiency. Environment Agency and the National Farmers Union. • Working across Worcestershire County Council (WCC) services on activity to save water, via the • Prepared briefing note on potential drought resilience action plan. impacts on wildlife in Worcestershire watercourses, to inform discussions with the • Discussions with Severn Trent Water on fitting Environment Agency. water meters to individual pitches at County owned gypsy and traveller sites and recycling Planning for future drought: of surface water. • Analysis of data from national climate • Water use study at highways depot sites. projections (UKCP09) to obtain an indication for Worcestershire of how precipitation is likely to Communications (internal staff and Councillors): change over time. • Water butt promotion in County Hall reception. • Each Worcestershire County Council Directorate Water conservation messages to schools. is updating the Corporate Climate Resilience E-learning module for Worcestershire County Action Plan to include planning for drought. Council staff on water efficiency. • Working with district councils to update their Communications (external): climate resilience plans to include drought and for coordinating water conservation messages. • Public messages about the current drought situation. • The WCC Strategic Planning and Development Management teams are working with partners to • Promoting behaviour changes to enhance water develop a Planning Advice Note on Winter Water efficiency and conserve water. Including: a water Storage Reservoirs for agricultural businesses. butt promotion to the public and promotion of information about water conservation suppliers.
Local Authority Services and the Water Environment
41 2.9 LOCAL AUTHORITY COMMUNITY LEADERSHIP, ADVOCACY AND PARTNERSHIP ROLES
Behaviour change and awareness raising is needed raise awareness and change behaviour in support to address many of the causes of poor water quality of WFD objectives. Activities include working with and diffuse pollution arising from, for example, communities and partners to deliver improvements polluting substances being poured down surface to local watercourses, raising public and business water drains, drainage misconnections, littering and awareness of water quality issues, encouraging dumping of waste in watercourses and inadequate change in behaviour to reduce diffuse pollution and control of spillages or housekeeping in businesses. increasing the use of water efficiency and SuDS measures. Examples are shown opposite. Local authorities can play important community leadership, advocacy and partnership roles to help
Good practice by local authorities in community leadership, advocacy and partnership for WFD benefits
• Local authority involvement in community led spillages and storage of oils and chemicals, improvements of local watercourses, including pouring detergents and oils down surface access improvements, habitat improvements, water drains, dirty water from vehicle washing litter clean ups, recreation and education going down the drain etc. activities; working with partners such as • Local authority involvement in public the Environment Agency, water companies, awareness campaigns, such as Yellow Fish, to voluntary sector organisations and community raise public awareness of pollution entering groups. Good practice examples include the surface water drains which ends up in local Sowe Valley project in Coventry, improvements streams and rivers and to change public to brooks in Birmingham, the WatersideCare behaviour; and public awareness raising on programme in the Midlands region, OnTrent, water efficiency. Thames21 and RiverCare in the Anglian region. • Schools projects, with partners such as the Funding for these types of community led Environment Agency to raise awareness of improvement projects in recent years has water quality in local rivers and drive actions in come from a range of sources such as Defra, the community to achieve improvements. Heritage Lottery Fund and water companies. Current funding opportunities include the Defra • Working in partnership with other public sector Catchment Restoration Fund (see box overleaf) bodies, such as NHS trusts, Fire and Rescue and the Environment Agency’s Midlands Urban Services, Highways Agency, to help integrate Rivers Community Initiative (MURCI Waters). water environment issues their work. • Tackling misconnections – Local authorities • Integrating water environment issues into local working with the Environment Agency, water authority services delivered by third parties, companies, community groups, plumbing and such as management of green space delivered building businesses to raise awareness of and by voluntary and private sector contractors. tackle drainage misconnections where foul • Working with stakeholders such as Local water from washing machines, bathrooms etc. Enterprise Partnerships and Local Nature is wrongly connected to surface water drains. Partnerships to raise awareness of the local Good examples include misconnection work economic value of a good quality water undertaken by Torbay Council and partners environment, water resources and the (see case study in Section 2.7 above). importance of ‘blue-green’ infrastructure in • Working with businesses to reduce risk of underpinning economic growth. water pollution arising from poor control of
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
42 The Catchment Restoration Fund
The Department for Environment, Food and The lead applicant for funding must be a charity Rural Affairs (Defra) has created the Catchment or an organisation with charitable, benevolent Restoration Fund to support projects which or philanthropic purposes under the Charities improve watercourses and reduce diffuse Act 2006. Other organisations, such as local pollution. A £28m fund, providing up to £10m authorities or private sector companies, can still each year, has been allocated for projects to be be involved in delivering a project as a partner. delivered in 2012/13, 2013/14 and 2014/15. The Environment Agency administers the fund which The minimum amount that can be applied for supports work that aims to: is £50,000, with no formal upper limit. Smaller organisations are encouraged to join together with • Restore more natural features in and around a lead applicant as part of an umbrella bid as this waters; will promote an integrated approach to catchment • Reduce the impact of man-made structures on management. Project bids are assessed against wildlife in waters; or their ability to deliver multiple benefits to society and the environment, but at their core they must • Reduce the impact of small, spread-out help waters in England achieve the objectives of (diffuse) sources of pollution that arise from the Water Framework Directive. rural and urban land use. Further information is available at www.environment-agency.gov.uk/research/ planning/136182.aspx
Local Authority Services and the Water Environment
43 Case Study – Yellow Fish at Witton Lakes, Birmingham
In June 2010, the Yellow Fish scheme was “I am fully supportive of the scheme and believe launched at Witton Lakes, Birmingham. Yellow that it is projects such as Yellow Fish that will Fish aims to raise public awareness about how help protect our watercourses, which are the pouring polluting substances such as oils, paints, home for a myriad of wildlife, so they can be solvents, chemicals or dirty water down surface enjoyed by future generations” water drains can pollute local watercourses. Sally Potter In the Midlands, Yellow Fish has worked with Birmingham City Council Constituency Director schools to raise awareness amongst school for Erdington children, who then take the message home to parents, thereby spreading public awareness. “We are delighted to be able to support the Yellow Fish campaign, which will not only create pollution Following a fish kill event in Witton Lakes in June awareness, but will also help to enhance the Perry 2009 resulting from urban diffuse pollution and Common area for everyone who lives here” an oil pollution event in January 2010, the Junior Andy Cohu Wardens of Witton Lakes decided to adopt Yellow Barratt Homes Fish to help prevent pollution. Barratt Homes had been working with the group and backed “Yellow Fish aims to encourage communities to the project with the support of Birmingham City help reduce water pollution and fits perfectly with Council, the Friends of Witton Lakes and Urban the aims of Connect Right. We are pleased to give Devotion Birmingham. Yellow Fish our full support” Guy Wood “Diffuse pollution caused by substances entering Connect Right and Severn Trent Water Ltd drains and also from misconnections can devastate local streams and wildlife… The Yellow Fish scheme is about encouraging communities to engage with their local environment to make a difference and achieve sustainable improvements. Marking a drain with a yellow fish demonstrates that it is linked to a local stream or pool. In doing this it is hoped that communities and developers can help prevent pollution entering these watercourses” Matthew Ashworth Environment Officer and Project Manager at the Environment Agency
“I fully support this project as I have unfortunately witnessed firsthand the massive implications of harmful substances entering the storm drains, whether by accident or malicious intent.” Linda Hines Friends of Witton Lakes and Junior Wardens scheme
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
44 Case Study – The Sowe Valley Project in Coventry
The Sowe Valley Project in Coventry, coordinated by Warwickshire Wildlife Trust, works with a number of Coventry City Council departments including the Parks Service, Youth Service, Neighbourhood Management, Street Pride and the Council’s Healthy Walks Team to help deliver its objective to improve the River Sowe for both people and wildlife.
In 2009, the project receivedfunding from Natural England’s Access to Nature Programme, funded by £25m from the Big Lottery Fund’s Changing Space programme, as well as contributions from partners including the Environment Agency. The Sowe Valley Project works with local community groups and volunteers to improve the River Sowe and smaller tributaries in the east of Coventry.
The project has led to the establishment of a local community group called the Sowe Valley Volunteers whose work involves clean ups of the River Sowe, including removing bikes, fridges, sofas, carpets, petrol and oil cans, tyres and numerous other large items which represent both pollution and flood risks for the river. In total, over 1,500 volunteer hours have been contributed to the project and over 300 bags of plastic bottles, Sowe Valley Volunteers plastic bags and other small household waste items have been removed from the channel. The volunteers have been helping to tackle invasive non-native species along the river, removing large areas of Himalayan balsam and re-planting sections with native wetland plants, and also alert the Sowe Valley Project staff and Environment Agency staff to any pollution incidents.
The volunteers’ passion for their river has been significantly increased through the opportunity to directly impact on its quality. As the group are so keen to continue their hard work, they have formed the ‘Friends of Sowe Valley’ who will be seeking their own funding once the Access To Nature funded Sowe Valley Project ends. The Sowe Valley Project, with the support of Coventry City Council and other local partners, “Volunteering with the Sowe Valley Project is has successfully engaged local people in wonderful and the best thing I’ve ever done! It’s waterways, building pride in their local rivers and great looking back and seeing the improvements providing ecological benefits, water quality, flood we’re making”. risk reduction, as well as community, health and Sylvia Jackson, Sowe Valley Volunteer educational benefits.
Local Authority Services and the Water Environment
45 Case Study – OnTrent, working with local authorities
OnTrent is a community based organisation in Leicestershire. These storage areas will seeking to enhance the wildlife, heritage and improve water quality as well as create access, management of rivers and floodplains of the River biodiversity and landscape benefits. OnTrent Trent and its tributaries. The OnTrent partnership identified the most cost effective catchments has been established for over ten years; its for carrying out this approach and then found membership represents a wide range of statutory, partners and funding for delivery. Leicestershire commercial and voluntary organisations with an County Council employs the project officer interest in the Trent catchment. It works with a using technical support facilitated by OnTrent. wide range of individuals and organisations to www.ontrent.org.uk deliver projects and raise awareness, specialising in promoting policy and delivering projects that OnTrent is currently working as part of the Trent integrate the many wider benefits of rivers and Rivers Trust seeking to form a new rivers trust floodplains to secure a water environment that is operating across the Trent catchment in 2013. of benefit to all.
OnTrent works with local authorities to deliver projects that cut across county boundaries within water catchment areas. Local authorities working with OnTrent include Staffordshire, Derbyshire, Leicestershire, Nottinghamshire, Lincolnshire and North Lincolnshire Councils. For example the Trent Valley Way project involves liaison with planners, access and tourism departments to ensure a continuous route linking the many features of the Trent Valley with a distinctive identity. The OnTrent ‘Farming and Water for the Future’ – Upper Soar Project works closely with Leicestershire County Council to create Trent Valley Way – A major access and interpretation project led by OnTrent that brings communities and opportunities additional flood storage in rural areas upstream together along the Trent Valley. of properties at risk in specific villages
Volunteers creating wetlands in the Trent Vale, a landscape partnership project initiated by OnTrent.
OnTrent project: ‘Farming and Water for the Future – Upper Soar’ project officer monitoring water levels
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
46 Section Three
CO-ORDINATION AND GOOD PRACTICE CHECKLIST
3.1 CO-ORDINATION WITHIN A LOCAL AUTHORITY ON WFD ISSUES
As well as good practice in integrating WFD • Use of a simple checklist for assessing and issues into the different local authority functions, monitoring how WFD issues are being integrated a number of local authorities are also developing into the work of the authority (see Section 3.2). approaches for coordinating work on WFD and water • Links to and close working with external environment issues across their different functions. partners, such as the Environment Agency, water As illustrated in diagram opposite, potential features companies, Defra, voluntary sector organisations, of this approach include: including organising training sessions for officers • Having a lead Cabinet member or senior on topics such as the WFD and new SuDS roles manager (e.g. from drainage, planning and in delivering actions. policy or environmental strategy teams) with • Links to neighbouring local authorities to overarching responsibility for ensuring that water promote co-operative working on cross-boundary environment and WFD issues are effectively WFD issues, such as development of the Local integrated into different local authority functions Plan, Infrastructure Delivery Plan, green and monitoring progress. infrastructure and joint work on sub-regional • A small officers group within the local authority, evidence bases such as Water Cycle Studies. with representatives from relevant functions. This group comes together periodically to identify key actions to complete and promote cross-functional working on WFD and water environment issues.
Local Authority Services and the Water Environment
47
etc.
Working with partners Working SuDS, issues: on water efficiency water Raising public and business and awareness on local involvement environment water and encouraging behaviour change water enhance to bodies; Buildings, council housing, business premises; Engaging with tenants water reduce to pollution risks. Community leadership roles and advocacy • • Managing the Local own Authority’s buildings and assets • • Co-ordination to Co-ordination WFD and water ensure are issues environment relevant into integrated Authority functions. Local
Engaging with businesses; Engaging with households; Building Acts 59 on drainage powers misconnections. and Design, cleansing – SuDS, maintenance pollution control, etc. cleansing
health Environmental and pollution control • • • Highways •
Strategic work on work Strategic infrastructure; green ecological Developing networks; Land maintenance practices. Greenspace/openspace management • • • flood risk Drainage, management, and drainage sustainable (SuDS) functions Authority Local across Joint working issues environment functions on water
issues environment on WFD and water co-ordination Overarching Consideration ofConsideration environment water in development issues proposals; Reducing potential impacts andnegative maximising positive benefits. Building Regulations inspections; Building Acts 59 on drainage powers misconnections. Senior Manager or Cabinet Member with lead role on water environment/WFD issues. environment/WFD on water role Senior Manager or Cabinet Member with lead LA functions. different from representatives with group Officers – companies engagement with Envrionment Agency and water Leads the LA’s Basin Management Plans. of River e.g. in preparation functions Development Management functions • • Building Control • • • • •
Local Plan Local preparation; base on Evidence for issues water planning policy, Cycle including Water Studies; Sustainability appraisal/Strategic Environmental (SEA); Assessment Supplementary Planning Documents (SPDs); and Allocations Site Actions Plans; Area Delivery Infrastructure Plans; infrastructure; Green boundary/ Cross on co-operate duty to issues; water LA engagement in RBMP preparation. Planning policy functions • • • • • • • • • with external Working – e.g.partners Agency, Environment companies, water Authorities, other Local England, Local Natural Partnerships, Enterprise communities developers, et al. issues environment on the WFD and water work co-ordinating for Authority approach Local
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
48 3.2 CHECKLIST FOR ASSESSING PROGRESS
How do you know how your local authority is doing in contributing to WFD objectives? Questions to help plan and measure progress are shown in the following checklist.
Checklist for assessing progress: Yes, No Action or Not Applicable 1. Overall local authority approach
• Do you have a lead Cabinet member or senior manager responsible for coordinated, cross-departmental work to integrate WFD objectives into the council’s work? • Has the council identified priority actions for improving the local water environment and contributing to WFD objectives? • Has the council had discussions with the Environment Agency on how they can assist with the council’s work to promote WFD benefits? 2. Planning policy
• In preparing local planning policies, has the council identified local WFD issues and improvement priorities and reviewed data on the status of local water bodies, including information in River Basin Management Plans? • Does the Local Plan contain planning policies relating to the water environment which contribute to WFD objectives? e.g. SuDS for water quality, drainage connections, water efficiency, habitat creation, naturalisation of modified water bodies. • Has the sustainability appraisal and strategic environmental assessment process for the Local Plan included coverage of local WFD priorities? • Have water environment and WFD issues been incorporated into the preparation of Infrastructure Delivery Plans? (e.g. SuDS, green infrastructure, flooding, wastewater treatment, water quality issues.) • Has the council worked with neighbouring local planning authorities and other bodies such as the Environment Agency on cross-boundary issues relating to the water environment? 3. Development management – determining planning applications
• Have development management staff and planning committee members had training on the water environment/WFD and on what they can do to promote WFD objectives through development management? • If there are significant local WFD issues, has the council prepared guidance for developers (e.g. a Supplementary Planning Document) on how Local Plan policies can be implemented through development proposals? (e.g. Peterborough’s Flood and Water Management Supplementary Planning Document.) • Does the council’s development management team have a process to identify planning applications that may have WFD impacts or opportunities? • For planning applications with potential impacts on the water environment, are environmental impact assessments used to identify and mitigate the impacts and are WFD issues included in validation checklists? • Does the council have indicators to monitor the implementation of Local Plan policies relating to WFD issues? 4. Building control
• Have building control officers had training on drainage misconnection issues and do they check for correct connections during site visits? 5. Drainage, flood risk management and SuDS
• Do relevant officers (e.g. planning policy, development management, drainage officers) and planning committee members receive training on SuDS techniques?
Local Authority Services and the Water Environment
49 Checklist for assessing progress: Yes, No Action or Not Applicable • Has the council provided information to developers and planning applicants on SuDS techniques to promote water quality and ecological benefits? • Do the council’s drainage and flood management officers review planning applications to flag up applications with potential flood risks and opportunities for integrating SuDS and other water environment benefits? • Where councils are lead local flood authorities, do they ensure that anyone planning to construct or alter structures and culverts on ordinary watercourses obtains their consent? In determining these applications, does the council take account of the WFD? 6. Environmental health and pollution control
• Does the council work with the Environment Agency and water companies in raising public and business awareness of water pollution and practical actions to reduce pollution? • Does the council make use of Building Act (section 59) powers to require misconnections to be rectified? • Does the council use planning consent and statutory nuisance powers to stop water pollution from unauthorised operations, e.g. unauthorised car wash operations? 7. Managing buildings, assets, greenspace
• Does the design of local authority owned buildings and grounds (e.g. schools, offices, council housing) incorporate SuDS, green infrastructure and water efficiency measures? • Do the council’s greenspace management practices promote WFD benefits? (e.g. mowing regimes, buffer zones, management of pesticide use, control of invasive plant species, design of planting schemes.) • Do the council’s buildings management and housekeeping practices control water pollution risk? (e.g. spillage control, chemical storage, preventing polluting substances going down surface water drains, vehicle washing etc.) • Has the council undertaken actions to raise awareness of water pollution issues amongst its tenants – domestic and business tenants? 8. Highways
• Do the council’s highways cleansing regimes and highways design reduce risk of diffuse pollution and spillages affecting local watercourses? 9. Community leadership, advocacy and partnership roles
• Has the council delivered community leadership, advocacy and partnership roles which support WFD objectives? e.g. raising public awareness of local water quality issues and behaviour change to reduce diffuse pollution and improve water quality. • Has the council been involved with community clean ups of local watercourses?
• Has the council engaged with local public sector partners on water issues – e.g. infrastructure planning with NHS, police, fire and rescue services et al? • Has the council worked with other stakeholders such as Local Enterprise Partnerships and Local Nature Partnerships to raise awareness of the economic value to the local economy of water environment issues? 10. Status of local water bodies
• Has the WFD status of local water bodies improved or deteriorated over recent years? (Information is available from the Environment Agency.) • Has the council examined with the Environment Agency whether there are any additional actions that the council could take to help improve poor quality water bodies?
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
50 Section Four
SOURCES OF SUPPORT AND FURTHER INFORMATION
This project has been developed through a • Environment Agency, Royal Town Planning partnership between the Environment Agency and Institute, Local Government Association Sustainability West Midlands. For further information document on spatial planning and the Water and advice please contact: Framework Directive entitled: The WFD and Planning – Initial Advice to Local Authorities in • Environment Agency – National Customer England and Wales (2006) – www.environment- Contact Centre: Tel. 03708 506 506 enquiries@ agency.gov.uk/research/planning/40195.aspx environment-agency.gov.uk • Environment Agency – Water Framework • Sustainability West Midlands: Directive Mitigation Measures Online Manual, Tel. 0121 237 5890 [email protected] on the EA’s website http://evidence.environment- www.sustainabilitywestmidlands.org.uk agency.gov.uk/FCERM/en/SC060065.aspx Other useful sources of information include: • Environment Agency guidance on Water • Severn Trent Water Ltd, for issues such as water Cycle Studies (2009) – available at http:// supply, sewerage and wastewater treatment publications.environment-agency.gov.uk/PDF/ infrastructure – contact: growth.development@ GEHO0109BPFF-E-E.pdf severntrent.co.uk • Environmental datasets from the Environment • River Basin Management Plans (RBMP), available Agency, Natural England and partners is on the Environment Agency website available online at the Geostore in a system called DataShare, which Local Authorities can sign up to – Humber RBMP www.environment-agency.gov. for free. www.geostore.com/environment-agency/ uk/research/planning/124803.aspx • CIRIA – The SuDS Manual (2007) and SuDS – Severn RBMP www.environment-agency.gov. training courses www.ciria.com/suds/ uk/research/planning/124941.aspx • Local Government Association – the Local – all RBMPs www.environment-agency.gov.uk/ Government Association’s website includes useful research/planning/33106.aspx information on SuDS, flood risk management, drought, climate change and planning relevant to the WFD www.local.gov.uk/topic-environment- and-housing
Local Authority Services and the Water Environment
51 We are the Environment Agency. We protect and improve the environment and make it a better place for people and wildlife.
We operate at the place where environmental change has its greatest impact on people’s lives. We reduce the risks to people and properties from flooding; make sure there is enough water for people and wildlife; protect and improve air, land and water quality and apply the environmental standards within which industry can operate.
Acting to reduce climate change and helping people and wildlife adapt to its consequences are at the heart of all that we do.
We cannot do this alone. We work closely with a wide range of partners including government, business, local authorities, other agencies, civil society groups and the communities we serve. www.environment-agency.gov.uk
We are an independent sustainability adviser for the leaders of the West Midlands. We are a not-for-profit company that works with our members in the business, public and voluntary sectors.
Our vision is that by 2020 businesses and communities are thriving in a West Midlands that is environmentally sustainable and socially just. By 2012 our leaders are clear on what this looks like, have set milestones, and their organisations are making strong progress.
Our role is to act as a catalyst for change through our advice to leaders, to develop practical solutions with our members and share success through our communications. www.sustainabilitywestmidlands.org.uk
This publication was produced as part of a partnership For further information and advice: project between the Environment Agency and Sustainability West Midlands. We are grateful to • Environment Agency - Nottingham City Council, Worcestershire County National Customer Contact Centre: Council, Wyre Forest District Council, the OnTrent Tel. 03708 506 506 Partnership and Severn Trent Water Ltd for their time, Email. [email protected] commitment and valuable input to the project. • Sustainability West Midlands: © This report is the copyright of the Environment Tel. 0121 237 5890 Agency. Quoting, copying and reproduction for Email. [email protected] business purposes is permitted given that full www.sustainabilitywestmidlands.org.uk acknowledgement is given.
Advice Note on the Water Framework Directive for Local Authorities across the Midlands
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