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Water Resources, Drainage and Flood Risk, Both at the Site and in the Immediate Surrounding Area

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Water Resources, Drainage and Flood Risk, Both at the Site and in the Immediate Surrounding Area 13 Water Resources, Drainage & Flood Risk Introduction 13.9 Some waterbodies are designated as ‘artificial’ or ‘heavily modified’ and are not able to achieve near natural conditions. The classification of these waterbodies and the biology they represent are measured against ‘ecological potential’ 13.1 This chapter of the Environmental Statement (ES) has been prepared by Ardent Consultant Engineers (Ardent) and rather than status. For these waterbodies to reach good potential their chemistry must be good and the structural addresses the impact of the proposed 128-150 Blackfriars Road development (hereafter referred to as the ‘proposed nature of the waterbody, which harms the biology, must be essential for its valid use. These are included in the baseline development’) on Water Resources, Drainage and Flood Risk, both at the site and in the immediate surrounding area. It assessment. should be noted that due to the considerable overlap between the two subject areas, some of the impacts relating to National Legislation the hydrogeology underlying the site are also dealt with in Chapter 14: Ground Conditions of this ES. The Water Resources Act 1991 & Water Act 2003 13.2 This chapter describes the methods used to identify the baseline conditions at the proposed development site and within the surrounding area. Key water resources and receptors and their importance are identified and the assessment 13.10 The Water Resources Act 1991 (as amended) (Ref. 13-3) sets out the relevant regulatory controls that provide addresses the potential impacts of the proposed development on these resources. Consideration of impacts is made in protection to water bodies and water resources. In November 2003 the Water Act (2003) (Ref. 13-4) was passed. The the context of existing site conditions, demolition and construction works and once the proposed development is Water Act governs the control of water abstraction, discharge to water bodies, water impoundment, conservation and complete and operational. The need for mitigation measures is addressed and any residual impacts are identified. drought provision. It also introduced improvements to the Water Resources Act such as the development of Catchment Those residual impacts of moderate or major significance are the resultant likely significant environmental effects. Abstraction Management Strategies (CAMS). 13.3 This ES chapter is supported by a Flood Risk Assessment (FRA), conducted by Ardent, which is presented in ES 13.11 In addition to the above the following Acts are also relevant to the water environment: Volume III: Technical Appendix H. The FRA assesses the potential flood risk to the existing site; identifies the The Environment Act (Ref. 13-5) (which established the Environment Agency); and potential impacts the proposed development may have upon flood risk; and sets out mitigation measures to reduce the The Environmental Protection Act (Ref. 13-6), which provides for integrated pollution control. potential impacts identified and manage the associated risk. 13.12 A number of specific regulations have been implemented to enact the statutory law as discussed above. These 13.4 Direct consultation with external parties has been undertaken as part of the Environmental Impact Assessment (EIA) regulations include: process. In particular, the Environment Agency, Thames Water Utilities Limited (TWUL) and the London Borough of The Anti-Pollution Works Regulations (1999) (Ref. 13-7); Southwark (LBS) have been consulted in the preparation of this ES chapter. In addition, a variety of data sources have been consulted such as published maps. Each data source is referenced as appropriate in the following sections of this The Control of Pollution (Oil Storage) (England) Regulations (2001) (Ref. 13-8); ES chapter. The Groundwater Regulations (England and Wales) (2009) (Ref. 13-9), which transposed the EU Groundwater Directive (2006) (2006/118/EC) (Ref. 13-10) into UK law; Legislative and Planning Policy Context The Environmental Damage Regulations (2009) (Ref. 13-11); The Water Resources Act (Amendment) (England & Wales) Regulations (2009) (Ref. 13-12); International Legislation The Environmental Permitting (England and Wales) Regulations (2010) (Ref. 13-13) which control discharge of water to surface water and groundwater; and European Water Framework Directive Water Supply (Water Quality) Regulations (2010) (Ref. 13-14). 13.5 The European Union (EU) Water Framework Directive (WFD) (Ref. 13-1) came into force in December 2000, transposed into UK law by the introduction of the Water Resources (Water Framework Directive) (England and Wales) Flood and Water Management Act 2010 Regulations 2003 (Ref. 13-2). The WFD aims to make clearer the way in which the environment is governed and 13.13 The Flood and Water Management Act 2010 (Ref. 13-15) received royal assent on 8 April 2010 and is largely aimed at integrates and supersedes a range of EU legislation which covers different aspects of water management. delivering the recommendations of the Pitt Review following the 2007 floods. 13.6 The WFD requires all waterbodies to reach at least good status or good potential by 2015 unless there are grounds for 13.14 The Flood and Water Management Act 2010 defines clearer roles and responsibilities for the implementation of departure. However, provided that certain conditions are satisfied, in some cases the achievement of good status may sustainable urban drainage systems (SuDS) in developments, by requiring drainage systems to be approved against a be delayed until 2021 or 2027. The WFD focuses on the ecological health of surface water bodies, as well as requiring set of national standards. The Act also requires a lead local flood authority to develop, maintain, apply and monitor a waterbodies to achieve traditional chemical standards. The Environment Agency has produced River Basin strategy for local flood risk management in its area. Management Plans (RBMPs) drawn up for river basin districts across England and Wales, which set out the baseline 13.15 Once enacted, Schedule 3 of the Act advocates that the Lead Local Flood Authority (established at the county or information for each waterbody and the requirements for each waterbody to reach good status or good potential. unitary local authority level) will be required to establish SuDS Approval Bodies (SABs). The date for enactment is 13.7 The WFD will help to protect and enhance the quality of: pending supplementary legislative guidance. Surface freshwater (including lakes, streams and rivers); 13.16 It introduces changes to the rights to connect to sewers. Automatic connection rights are to be restricted only to Groundwater; adopted sewer schemes constructed to the new National Sewer Standard (Ref. 13-16) or approved SuDS schemes Groundwater dependent ecosystems; constructed to the new National SuDS Standard (Ref. 13-17). Estuaries; and National Planning Policy Coastal waters out to 1 mile from low-water. National Planning Policy Framework (2012) 13.8 For surface waters, good status is a statement of overall status consisting of a chemical and ecological component. Chemical status measures priority substances which present a significant risk to the water environment and is classified 13.17 The National Planning Policy Framework (NPPF) (Ref. 13-18) came into force on 27 March 2012 and outlines the as ‘good’ or ‘fail’. Ecological status is measured on a scale of ‘high’, ‘good’, ‘moderate’, ‘poor’ and ‘bad’. The ecological Government’s economic, environmental and social planning policies for England. The NPPF sets out the Government’s status takes into account physico-chemical elements, biological elements, specific pollutants and hydromorphology. vision of sustainable development, which should be interpreted and applied to meet local aspirations. The NPPF supersedes and replaces a number of planning policy documents that are applicable to the water environment including 13-1 13 Water Resources, Drainage & Flood Risk Planning Policy Statement 25 (PPS25) Development and Flood Risk (Ref 13-19) and PPS23 Planning and Pollution 13.23 The London Plan sets out an integrated economic, environmental, transport and social framework for the development Control (Ref 13-20. The NPPF sets out 12 planning principles as guidance for local planning authorities (LPAs) for the of London for the next 20-25 years. Policies of relevance to water resources and flood risk within the context of the creation of their Local Plan, of which the following are directly applicable to the water environment: proposed development include: “10. Meeting the challenge of climate change, flooding and coastal change – Taking account of climate change Policy 2.18 Green Infrastructure – The promotion of SuDS will improve water resources, flood mitigation and over the longer term including factors such as flood risk, coastal change, water supply and changes to biodiversity reduce flood risk; and landscape. Paragraph 100 to 108 inclusive establishes the Planning Policy relating to flood risk management”; Policy 5.3 Sustainable Design and Construction – Promotes high standards of design in new developments to and improve environmental performance. This includes avoiding impacts from natural hazards (such as flooding); “11. Conserving and enhancing the natural environment – Development should minimise pollution and other Policy 5.11 Green Roof and Development Site Environs – Major developments should include roof, wall and site adverse effects on the local and natural environment and should
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