Document Reference Number

Appendix B

Hertfordshire County Council

Review of Hertfordshire’s Local Flood Risk Management Strategy

Issues & Options Consultation document

June 2016 LFRMS Issues and Options Consultation Document

Table of Contents

Revision schedule ...... i

Glossary & acronyms ...... iii

1. Introduction ...... 1

1.1 Background ...... 1 1.2 Local Flood Risk Management Strategy ...... 1 1.3 Review of 2013 Local Flood Risk Management Strategy ...... 2 1.4 Legislation ...... 3 1.5 Engagement & Consultation Process ...... 4

2. Update on activities and the emerging evidence base since the first LFRMS...... 5

2.1 Understanding of Flood Risk in Hertfordshire ...... 5

2.1.1 Flood Incident Record...... 5 2.1.2 Flood Investigations ...... 5 2.1.3 Options and Feasibility Studies ...... 6 2.1.4 Surface Water Management Plans (SWMP’s) ...... 8

2.2 Ordinary Watercourse Regulation ...... 9

2.2.1 Ordinary Watercourse Regulatory Activity ...... 9 2.2.2 Service Standards for Ordinary Watercourses ...... 10

2.3 Register of Structures and Features...... 12 2.4 Statutory consultee role on surface water and SuDS ...... 12 2.5 Sources of Funding ...... 13

2.5.1 Additional Funding Bids in 2016/17 and beyond ...... 15

2.6 Contributing to Sustainable Development ...... 15

3. Issues and Options for the second LFRMS ...... 16

3.1 Overall View of Local Flood Risk ...... 16 3.2 Investment in Flood Risk Management Projects ...... 17 3.3 Land Use Planning and Surface Water Drainage ...... 18 3.4 Highways ...... 19 3.5 The LLFAs Regulatory Role ...... 19 3.6 Approach to Asset Management ...... 20 3.7 Climate Change ...... 21

4. Next Steps ...... 22

Appendix 1. Consultation Response Form ...... 23

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List of maps

Map 2.1 Flood Incidents in Hertfordshire Recorded by the LLFA ...... 7 Map 2.2 Extent of Bedfordshire and Ivel Internal Drainage Board Area in Hertfordshire ...... 9 Figure 2.3 Regional Flood and Coastal Committee Boundaries ...... 14

List of Tables

Table 2.1 Ordinary Watercourse Risk Classifications ...... 10 Table 2.2 Risk Designations of Ordinary Watercourse by District ...... 10 Table 2.3 Summary of LLFA Service Standards for Ordinary Watercourses ...... 11 Table 2.4 Thames RFCC Secured Funding ...... 14

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Revision schedule

Hertfordshire County Council Local Flood Risk Management Strategy Issues & Options Consultation

May 2016 Revision 3 – Panel draft

Rev Date Details Author Checked and Approved by 1 06/04/2016 First draft Suzanne Phillips John Rumble

2 20/04/2016 Pre-Panel draft John Rumble John Rumble

3 12/05/2016 Panel draft John Rumble John Rumble 4 13/06/2016 Final draft John Rumble 5

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Glossary & acronyms

Term / Acronym Explanation Department of Food The UK government department responsible for safeguarding and Rural Affairs our natural environment, supporting our world-leading food (Defra) and farming industry, and sustaining a thriving rural economy. Flood Risk management comes within the department’s remit. Flood and Water An act to make provision about water and the management of Management Act risks in connection with flooding and coastal erosion. 2010 (FWMA) Flood Risk Regulations which transposed the European Floods Directive Regulations 2009 into English and Welsh legislation. They set out the requirements for the Environment Agency and LLFAs to carry out high level assessment of flood risk (PFRA), identify areas at the greatest risk of flooding nationally (Flood Risk Areas FRAs) and the production of plans (Flood Risk Management Plans FRMPs) to manage the risk in FRAs. There are no FRAs in Hertfordshire. Flood Defence Funding from Defra to the Environment Agency which includes Grant in Aid contributions towards the development capital works through (FDGiA) Partnership Funding which can be accessed by all Risk Management Authorities through Regional Flood and Coastal Committees. Flooding and Maps published by the Environment Agency depicting the risk Surface Water of flooding from Main Rivers, the coast and surface water. maps They can be accessed through this link. http://maps.environment-agency.gov.uk/wiyby/wiybyController?ep=maptopics&lang=_e Groundwater (As defined in s6 FWMA 2010) - means all water which is below the surface of the ground and in direct contact with the ground or subsoil. Internal Drainage IDBs are the land drainage authority within defined drainage Board (IDB) districts and their functions include the supervision of land drainage, mainly funded by landowners and local authorities, and flood defence works on ordinary watercourses or other flood sources as requested by local authorities or the Environment Agency. A small area of North Hertfordshire is served by an IDB. Land Drainage Act An Act to consolidate the legislation relating to internal 1991 (LDA 1991) drainage boards, and to the functions of such boards and of local authorities in relation to land drainage, as amended by the FWMA 2010. Lead Local Flood In England, either the unitary authority for the area, or if there Authority (LLFA) is no unitary authority, the county council for the area.

Local Flood Risk A statutory strategy for local flood risk management which is Management developed, maintained, applied and monitored by the LLFA. Strategy (LFRMS)

iii

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Term / Acronym Explanation Local Planning The Local Planning Authority (LPA) is empowered by law to Authority (LPA) exercise planning functions. In Hertfordshire the borough or district councils are local planning authorities as well as the county council which is the LPA for waste and minerals matters and its own services such as schools, libraries and highways. National Flood and The strategy sets out a national framework for managing the Coastal Erosion risk of flooding and coastal erosion. It will help risk Risk Management management authorities and communities understand their Strategy for different roles and responsibilities. It aims to encourage the England use of all of the available measures in a co-ordinated way that (NFCERMS) balances the needs of communities, the economy and the environment. National Flood Risk See National Flood and Coastal Erosion Risk Management Management Strategy for England. Strategy National Planning The National Planning Policy Framework sets out the Policy Framework Government’s planning policies for England and how these (NPPF) are expected to be applied. National Planning The NPPG supports and informs the government's National Policy Guidance Planning Policy Framework (NPPF) which was published in (NPPG) March 2012 and sets out the Government’s planning policies for England and how these are expected to be applied. Main River A statutory designation of watercourse in England and Wales, usually larger streams and rivers, but also include some smaller watercourses which have been historically identified as having an impact on flood risk. A main river is defined as a watercourse marked as such on a main river map, and can include any structure or appliance for controlling or regulating the flow of water in, into or out of a main river. The Environment Agency's powers to carry out flood defence works apply to main rivers only. Ordinary As defined in s6 FWMA 2010 - a “watercourse” that does not watercourses form part of a main river. “Watercourse” has the meaning given by s72(1) Land Drainage Act 1991, and includes rivers which are not “main rivers”, streams, ditches, drains, cuts, dykes, sluices, sewers (other than a public sewer). Project Appraisal A stage within the process of FDGiA Partnership Funding Report (PAR) which summarises options appraisal studies and identifies a preferred option. Has been superseded by the need to prepare an Outline Business Case (OBC). Preliminary Flood A high level summary of significant flood risk describing the Risk Assessment probability and consequences of past and future flooding, (PFRA) required by the Flood Risk Regulations 2009.

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Term / Acronym Explanation Regional Flood and A committee established by the Environment Agency to bring Coastal Committee together members appointed by LLFAs and independent (RFCC) members to oversee plans for identifying and managing flood and coastal risks, to promote investment in flood risk management and to provide a link between different authorities and bodies to gain a mutual understanding of flood and coastal risk. Risk Management Risk Management Authorities (RMAs) are defined by the Authority (RMA) Flood and Water Management Act. They have powers to manage some aspect of flood risk The following are risk management authorities:  Environment Agency (Main Rivers and coastal erosion)  Lead Local Flood Authority (groundwater and surface runoff)  District councils where there is no unitary authority (Ordinary Watercourses)  Internal Drainage Boards (Ordinary Watercourses)  Water companies (public sewers)  Highways authorities (highway drainage). Strategic Flood Risk A Strategic Flood Risk Assessment is a study carried out by Assessment one or more local planning authorities to assess the risk to an (SFRA) area from flooding from all sources, now and in the future, taking account of the impacts of climate change. In addition it will also assess the impact that land use changes and development in the area will have on flood risk. Sustainable SuDS mimic nature and typically manage rainfall close to Drainage Systems where it falls. They are a sequence of management practices, (SuDS) control structures and strategies designed to efficiently and sustainably drain surface water, while minimising pollution and managing the impact on the quality of water entering local water bodies. Surface water As defined in s6 FWMA 2010 - rainwater (including snow and other precipitation) which: (a) is on the surface of the ground (whether or not it is moving), and (b) has not entered a watercourse, drainage system or public sewer. Surface Water Surface water management plans investigate local flooding Management Plan issues such as flooding from sewers, drains, groundwater, and (SWMP) runoff from land, small watercourses and ditches that occurs as a result of heavy rainfall. They aim to identify options to reduce local flooding and include a realistic action plan to implement or deliver the agreed management measures.

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1. Introduction

1.1 Background

The Flood and Water Management Act 2010 (FWMA) established Hertfordshire County Council (HCC) as the ‘Lead Local Flood Authority’ (LLFA) for Hertfordshire. The FWMA places a series of new responsibilities on the county council as the LLFA for Hertfordshire to coordinate the management of local flood risk arising from surface water, ground water and ordinary watercourses1.

One of the statutory responsibilities placed on the LLFA is to ‘develop, maintain, apply and monitor’ a Local Flood Risk Management Strategy (LFRMS). The first LFRMS for Hertfordshire was approved by the Cabinet of the county council in February 2013. This Issues & Options document is the first step in updating the current LFRMS and the aim is to have the new LFRMS in place by the autumn of 2017. The second LFRMS will run from 2017 to 2027 with a high level, broad review undertaken after 5 years. This Issues and Options consultation document sets out the key issues on which the LLFA would like to get views from stakeholders and residents to inform the development of the policies, procedures and operational programmes that will be included in the second LFRMS for Hertfordshire.

1.2 Local Flood Risk Management Strategy

The LFRMS is the means by which the LLFA will discharge its general duty to provide leadership in managing local flood risk (from surface water groundwater and ordinary watercourses) and is the focal point for identifying and promoting a range of flood risk related actions across Hertfordshire. In addition the LFRMS is required to be consistent with the Environment Agency’s (EA) National Flood and Coastal Erosion Risk Management Strategy for England.

The Strategy must set out and cover:

 The roles and responsibilities of the various Risk Management Authorities (RMAs)2 in the area;  What is considered to be ‘locally significant’ flood risk;  The objectives for managing local flood risk;  Any measures being proposed to achieve the objectives;  The possible costs and benefits of any measures, and explore their resource implications;  How the LFRMS will contribute to wider environmental objectives; and

1 Watercourses are features such as ditches streams and rivers. Watercourses that have more than a local significance for flood risk are designated as Main River and fall under the remit of the Environment Agency – the remaining watercourses are known as ordinary watercourses and fall under the remit of Lead Local Flood Authorities and district councils.

2 Risk management authorities in Hertfordshire are: The Environment Agency, The County Council, The 10 District and Borough Councils, The Highways Authority, The Highways Agency, The Water and Sewerage Companies and The Beds and Ivel Internal Drainage Board.

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 A clear process for any review of the strategy, either in-full or in-part, to be undertaken.

1.3 Review of 2013 Local Flood Risk Management Strategy

The LLFA has a duty to maintain and monitor the LFRMS to support the LLFA and other RMA’s in the management of local flood risk across Hertfordshire both now and into the future. The first LFRMS for Hertfordshire was approved in February 2013 by the Cabinet of Hertfordshire County Council and includes operational activities which run from 2013 to the end of 2016.

The approved LFRMS sets out the policies of the LLFA with supporting procedures setting out how these policies will be interpreted and implemented. The current policies included within the LFRMS cover the following key issues:

 POLICY 1 Role of the Lead Local Flood Authority

Covering the county council’s approach to the sustainable management of local flood risk in Hertfordshire.

 POLICY 2 Investigation and Reporting of Flood Events

Sets out how the county council will record and where necessary appropriately investigate Flood Events.

 POLICY 3 Register of Structures and Features

Sets out the approach to determining which structures and features with a flood risk management function will be recorded on the public register.

 POLICY 4 Designation of Structures and Features

Establishes the criteria and the protocol for the designation of third party structures and features which are deemed to have a significant effect on local flood risk.

 POLICY 5 Consenting and Enforcement Activities Relating to Ordinary Watercourses

Establishes the county councils approach to consenting and enforcement activities relating to ordinary watercourses.

 POLICY 6 Sustainable Drainage Systems Approval Body

This policy and the addendum agreed in March 2015 sets out the county councils approach to Sustainable drainage systems

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These policies can be found at: http://www.hertsdirect.org/services/envplan/water/floods/floodrisk/lfrmsherts/ and http://www.hertsdirect.org/services/envplan/water/floods/surfacewaterdrainage/sudsp olicies/

At the time of its approval it was agreed that the first LFRMS for Hertfordshire would be subject to a review after 3 years and this Issues and Options Consultation document is the first part of that review process.

The review of the LFRMS is necessary for the following reasons:

 Many of the original actions identified in the first LFRMS including the development of the first set of service delivery objectives have been completed.  Since its adoption by the LLFA in February 2013, the context for the LFRMS has changed including significant changes in the regulatory requirements and legislation within which the activities of the LLFA and the LFRMS operate.  The knowledge of local flood risk held by the LLFA and its partners has improved since the publication of the Preliminary Flood Risk Assessment (PFRA) in 2010 and the development and eventual adoption of the first LFRMS in 2013.  The LLFA’s experience in carrying out flood investigation work and the future availability of resources can be used to inform priorities and policies.

The second LFRMS for Hertfordshire will cover the period 2017 to 2027 and will be subject to a mid-term review after 5 years. The process for review will be set out in the LFRMS.

1.4 Legislation

The main legislation relevant to the role of the LLFA and the LFRMS for Hertfordshire is as follows:

 The FWMA 2010 established Hertfordshire County Council as the LLFA for Hertfordshire.  The National Planning Policy Framework (NPPF) was published in 2012 and simplified all the disparate Planning Policy Statements into one coherent framework to underpin the planning system. Flood risk is addressed in the NPPF in Section 10: ‘Meeting the challenge of climate change, flooding and coastal change’.  Supporting the NPPF, the National Planning Practice Guidance (NPPG) was also published in 2012, with the section relating to flood risk providing additional details on the approach for strategic level studies and Strategic Flood Risk Assessments (SFRA’s) which are used to support the development of local plans.

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 In April 2015, the Government made the LLFA a statutory consultee in planning for all major development in relation to the management of surface water drainage. The NPPF and NPPG were updated to reflect these additional responsibilities for the LLFA. To support this new statutory responsibility the LLFA published and approved a suite of Sustainable urban Drainage System (SuDS) policies as an addendum to the LFRMS for Hertfordshire in March 2015.

In addition the LLFA has a range of duties and powers from the FWMA 2010 and LDA 1991 which include:

 Preparing reports and plans to meet the requirements of the Flood Risk Regulations 2009 (FRR).  Carrying out investigations of flooding where appropriate and publishing reports.  Keeping a public register and associated record of structures and features which have a significant effect on local flood risk.  The designation of structures and features where appropriate.  The regulation of ordinary watercourses outside of areas covered by Internal Drainage Boards (IDBs).

1.5 Engagement & Consultation Process

The LLFA will be consulting with stakeholders as part of the review of the LFRMS with this “Issues and Options” document the first part of that consultation process. As part of the requirements set out within the FWMA, RMAs that may be affected by the strategy and the public are required to be consulted.

Consultation will also be undertaken throughout the development of the LFRMS and specifically on the draft LFRMS, which it is anticipated will be available in the spring of 2017. In addition consultation will be undertaken at the appropriate points on the Strategic Environmental Assessment and the Habitats Regulatory Assessment associated with the LFRMS.

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2. Update on activities and the emerging evidence base since the first LFRMS

2.1 Understanding of Flood Risk in Hertfordshire

HCC, in its capacity as the LLFA for Hertfordshire, aims to assess flooding across Hertfordshire from the local to the strategic level. At the local level a flood incident record is maintained, and where appropriate flood investigations are carried out. Following a flood investigation, where appropriate, medium to long term studies are commissioned; these ‘Options and Feasibility’ studies aim to identify options to tackle flooding. Action may then be taken to secure funding to progress feasible schemes. At the more strategic level, Surface Water Management Plans (SWMPs) assess flooding on a district wide basis and set out actions to mitigate flood risk in the long term. The SWMP Action Plan aims to stimulate locality specific work to look at options to mitigate flood risk and in due course hopefully secure funding for appropriate schemes.

2.1.1 Flood Incident Record

The LLFA has established a map based flood incident record. This electronic mapped approach enables the LLFA to record all incidents that are reported to the county council, including Fire and Rescue and Highways, as well as all incidents reported to the Flood Risk Management Team related to flooding and surface water drainage. After a large flood event, records of all relevant Fire and Rescue call-outs and Highways incident reports are requested, together with media accounts and resident reports, and added to the LLFA’s database. The flood incident record is also populated throughout the year from flooding reports from a range of sources including, but not limited to, the EA, district and borough councils and Water and Sewerage companies (WaSc).

Where possible the record includes a description of the flooding incident(s), possible causes (if known) and links to additional documentation (reports, photographs and videos, where available) held by the LLFA.

Flooding has occurred across Hertfordshire under a range of different weather conditions, at various times and at locations distributed widely across the county. There have been in excess of 300 flooding incidents recorded by the LLFA in the county since the winter of 2013/2014. Some of these records include multiple reports in the same location (property or road). Map 2.1 provides a high level overview of flood incidents which the LLFA is aware of across Hertfordshire.

2.1.2 Flood Investigations

The LLFA has a duty to carry out flood investigations under Section 19 of the FWMA. The county council’s response to this duty is set out in Policy 2 (Investigation and Reporting of Flood Events) in the current LFRMS and

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includes the circumstances and trigger points that would lead to a flood investigation.

The LLFA can only act to carry out a flood investigation when it is made aware of or becomes aware of a flooding incident within a reasonable time period of that event occurring and if that event activates one of the trigger points.

A flood investigation is carried out to provide a basic overview of a flooding incident. The need to carry out an investigation is not required in all circumstances. The decision to undertake a more detailed investigation has to be proportionate to the incident and further prioritised as the resource capacity to carry out such investigations is limited. What and when the LLFA investigates is detailed on the county council web site, HertsDirect and can be found at the following web address: http://www.hertsdirect.org/services/envplan/water/floods/floodrisk/investigations/

The LLFA is required to issue a report of any investigation that is undertaken and this report must:

 Identify the organisations with relevant flood risk management functions for the area.  Establish whether any of the relevant organisations have exercised or intend to exercise their flood risk management functions in response to the flood incident.  Be published and made available for public scrutiny.

Some key flood events in recent years include; winter 2012/13, winter 2013/14, and summer 2015. These have led to 38 flood investigations being triggered; this includes 8 completed and published, 7 drafted and awaiting publication and 23 at various stages in the investigation process.

Published reports can be accessed via the following web link: http://www.hertsdirect.org/services/envplan/water/floods/floodrisk/investigations/

2.1.3 Options and Feasibility Studies

If appropriate, options and feasibility studies are undertaken following flood investigations. This is in order to gain an understanding of viable options to reduce flood risk, with the aims of submitting the project to the EA’s Project Appraisal Review (PAR) process to compete for national Flood Defence Grant in Aid (FDGiA) funding.

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Map 2.1 Flood Incidents in Hertfordshire Recorded by the LLFA

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2.1.4 Surface Water Management Plans (SWMP’s)

Published by The Department of Environment, Food and Rural Affairs (Defra) in 2010 the ‘SWMP Technical Guidance’ provides information and advice for LLFA’s on the management of local surface water flood risk. This guidance document is being used to support the development of SWMP’s in Hertfordshire and states that a SWMP is a plan which outlines the preferred surface water management strategy in a given location. Surface water flooding is described as flooding from sewers, drains, groundwater, and runoff from land, small watercourses and ditches that occurs as a result of heavy rainfall.

SWMPs within Hertfordshire are being developed on a district/borough wide basis. This is considered to be appropriate within Hertfordshire as it links to their role in local planning allocation and connections with any other local RMAs.

All of the SWMP’s take advantage of the EA’s Risk of Flooding from Surface Water maps which were published in December 2012. From observations of the surface water flooding that occurred in Hertfordshire during the winter 2013/14 and in July 2015 it is evident that the maps reasonably predict surface water flow pathways. The latest SWMPs are being developed using the following methodology:

1. Identify hotspot sites within each district/borough that are have common flooding mechanisms posing risk to individuals, property, the economy, roads, critical infrastructure and the environment.

2. Following identification of hotspots, discussions are held between stakeholders and other RMAs. Ranking is undertaken to identify the top five hotspots within each district/borough.

3. The top five ranked hotspots from each district/borough are taken forward for more detailed analysis. This involves computer modelling of surface water flooding where; more detail is included at the street scale, such as survey information on kerb heights or property access points. This enables a better representation of the overland surface water flowpaths and provides more detail than is available from the EA’s Risk of Flooding from Surface Water maps. The flood modelling is undertaken for a range of different design flood events in order to understand the effect of these events their potential impact upon each hotspot location.

4. Modelled results are then assessed in terms of flood damages; this is the estimated damage to each property if it is impacted by flooding.

5. Options are identified for mitigating flood risk within each hotspot.

6. The understanding gained of flood damages for each hotspot means that any options identified for mitigating flood risk can be understood in terms of cost- benefit. This cost-benefit analysis provides the basis upon which the LLFA can be proportionate when looking at flood risk sites and assists in determining where to focus future funding bids.

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7. An action plan is produced as a final output for the SWMP; this is used as a base for further studies and to focus the future work of the LLFA in flood risk areas.

8. A final SWMP report is produced and published in a clear and concise format that is understandable by the public.

2.2 Ordinary Watercourse Regulation

From 6 April 2012 the county council, in its capacity as the LLFA, took on the regulatory responsibility relating to all watercourses that were not designated as main-river, known as ordinary watercourses. In doing so the LLFA chose to adopt the approach and operating procedures handed over from the Environment Agency (EA) with a commitment to review its approach to the service within two years. This review of the service was completed in April 2014 and resulted in the ordinary watercourse service standards which were approved by the county council as the way forward for the LLFA. A copy of these standards can be found at: http://www.hertsdirect.org/services/envplan/water/floods/ordwatercourse/servstand/

The changes to ordinary watercourse management that have resulted from the implementation of the FWMA mean that the LLFA (except in IDB areas, see Map 2.2 below, showing the area covered by IDB in Hertfordshire) now leads on ordinary watercourse consenting and enforcement, as per the following sections in the Land Drainage Act 1991:

Map 2.2 Extent of Bedfordshire and Ivel Internal Drainage Board Area in Hertfordshire

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2.2.1 Ordinary Watercourse Regulatory Activity

Anyone wishing to carry out works or place structures in an ordinary watercourse must seek consent from the LLFA. Where structures do not have consent or watercourses have been neglected, the LLFA has powers to require the removal of the structures and to seek the restoration of the watercourse.

Further information in regards to ordinary watercourse consents can be found on our website: http://www.hertsdirect.org/services/envplan/water/floods/ordwatercourse/

Where appropriate, applicants for consents are guided to use structures or undertake works that do not obstruct the flow within the channel and therefore do not require consent. Where there have been unconsented works or lack of maintenance of an ordinary watercourse; the LLFA seeks to resolve the situation through a process of negotiation. Enforcement action is only pursued when all other attempts to remedy the situation have failed and the consequences of not taking action are considered to pose a high level of risk.

2.2.2 Service Standards for Ordinary Watercourses

The LFRMS is required by the National Flood Risk Management Strategy to assess risks in order to prioritise activity and any action taken to alleviate flooding from ordinary watercourses. In order to comply with this requirement, all known ordinary watercourses in Hertfordshire (1,277 km) have been risk assessed. Each 100m stretch of mapped ordinary watercourse has been assigned an indicative risk score of High, Medium or Low. Table 2.1 below explains how this indicative risk score has been assigned.

Table 2.1 Ordinary Watercourse Risk Classifications

Indicative Typical situation Total Length Risk Score (km) High Watercourses in urban areas where a blockage would cause water to leave the channel and 52 potentially flood property or roads. Medium Watercourses outside urban areas where a blockage would cause water to leave the channel 309 and not easily re-join, with some potential to flood roads or property. Low Watercourses in farmland where if a blockage where to occur water would leave the channel and 916 then re-join after a short distance, but would not flood public roads or property.

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This risk assignment gives an indication of potential likelihood and severity of flooding linked to an ordinary watercourse on housing, roads and other critical infrastructure. This approach forms the platform from which the Service Standards have been developed. The lengths of ordinary watercourse for each risk classification and for each local authority area divided by risk level is shown in table 2.2 and a summary table of services offered by the LLFA and the standards relating to them is provided in Table 2.3.

Table 2.2 Risk Designations of Ordinary Watercourse by District

District Length of ordinary watercourse (km) High Medium Low Broxbourne 6.2 21.3 53.2 Dacorum 2.0 15.3 32.8 East Hertfordshire 23.4 102.7 385.5 Hertsmere 2.0 18.1 72.5 North Hertfordshire* 7.6 67.8 200.2 St Albans 3.0 22.7 22.3 Stevenage 1.6 3.2 2.1 Three Rivers 1.8 24.0 27.9 Watford 1.6 2.4 2.9 Welwyn Hatfield 2.85 31.2 117.1 Hertfordshire 52.13 308.5 916.4 % 4.0 24.2 71.8 * excludes ordinary watercourse falling within the IDB area

Table 2.3 Summary of LLFA Service Standards for Ordinary Watercourses

Activity Service Standards Monitoring & High Risk - Inspected every two years Inspection Medium Risk - Inspected every seven years Low Risk - Inspected on notification of a problem Complaint about High Risk - Response within 5 working days Watercourse Medium Risk - Response within 10 working days Low Risk - Response within 20 working days

All complaints are subject to a desk-based risk assessment and will have an initial response within three working days.

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Activity Service Standards Consenting On receipt of duly made application, a response will be sent within 5 working days and, if necessary, a site visit agreed at a convenient date and time for all parties.

A duly made application consists of the following: Completed forms; Location map of proposed works; Indicative plans and cross sections of works; Thorough method statement of works; Environmental report; Nationally prescribed Application fee (£50 per structure).

Statutory 8 week period from receipt of full application to determine the outcome.

A commitment has been made to aim to survey all watercourses with an indicative risk score of ‘High’ every 2 years. This is to establish a baseline against which unauthorised structures can be identified as well as then ensuring an up to date audit of the condition of the watercourse. Medium indicative risk score watercourses will be surveyed on a seven-yearly cycle. Those in the low category will only be surveyed as and when enquiries or complaints are made.

2.3 Register of Structures and Features

The LLFA has a duty to maintain a register of structures and features that have a significant effect on flood risk under section 21 of the FWMA.

The county council in its capacity as the LLFA for Hertfordshire has prepared and published a register of structures and features. The register records the type of structure, ownership and condition. The register is particularly important for the identification of structures and features which may be in a poor condition and could have an impact on local flood risk. The register of structures and features is a live document and is populated and updated periodically as the LLFA becomes or is made aware of further significant structures and features. The current register can be viewed on the website at: http://www.hertsdirect.org/services/envplan/water/floods/floodrisk/assetregister/

2.4 Statutory consultee role on surface water and SuDS

On 14 December 2014, the Secretary of State for the Department for Communities and Local Government (DCLG) issued a Written Ministerial Statement setting out changes to the planning system with respect to Sustainable Drainage Systems (SuDS). This Statement set out Government’s expectation that local planning

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policies and decisions on planning applications relating to major development3 should, “ensure that sustainable drainage systems for the management of surface water run-off are put in place, unless demonstrated to be inappropriate”.

The NPPF was updated accordingly on 6 April 2015 and, in anticipation of the new duty, the LLFA updated its SuDS policy statement to reflect changes to the planning system that were adopted by the council as an addendum to the current Hertfordshire LFRMS at its Cabinet meeting on 23 March 2015.

On 15 April 2015 the LLFA was made a statutory consultee to LPAs on major development planning applications on matters relating to surface water. This new role was introduced by DEFRA and DCLG in place of the anticipated SuDS Approval Body as set out in Schedule 3 of the FWMA 2010.

Under these arrangements, in considering planning applications, Local Planning Authorities (LPAs) are required to consult the LLFA on the management of surface water, satisfy themselves that the proposed minimum standards of operation are appropriate and ensure through the use of planning conditions or planning obligations that there are clear arrangements in place for ongoing maintenance over the lifetime of the development. At the beginning of April 2016, one year following the introduction of the new duty, the LLFA had received over 340 consultations from the 11 LPAs.

2.5 Sources of Funding

Regional and national funding for flood risk management projects is potentially available through the national Medium Term Programme administered by the EA and the two Regional Flood and Coastal Committees (RFCCs), Thames and Anglian Central, covering Hertfordshire, see Figure 2.3.

National funding for flood risk schemes, Flood Defence Grant in Aid (FDGiA), is awarded against a set formula for calculating the benefits of schemes and paid in proportion to a range of nationally required outcomes. The amount awarded may not cover the full scheme costs, so for a scheme to be implemented it may require additional local or regional funding to be secured.

Regional funding is raised by the RFCCs via a levy from the upper tier local authorities in their area, which for Hertfordshire is the county council. This funding is applied at the discretion of the relevant committee in response to locally identified flood risk. Hertfordshire County Council has a permanent seat and vote on the Thames RFCC and shares a seat and vote with Buckinghamshire and Northamptonshire on the Anglian Central RFCC. In 2015/16 the county council’s total contribution to the two RFCCs was £944,000, of which £881,000 went to the Thames RFCC and £63,000 to the Anglian Central RFCC.

3 Developments of 10 dwellings or more; or equivalent non-residential or mixed development (as set out in Article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2010).

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Figure 2.3 Regional Flood and Coastal Committee Boundaries

Anglian Central RFCC Thames RFCC

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The county council has successfully bid for funding from the Thames RFCC to fund a number of studies within the county. The aim of the studies is to propose and explore appropriate, proportionate, feasible and economically beneficial options to reduce flood risk. The studies will inform the business case for projects to enable them to be taken to the next stage of FDGiA (detailed design) and if feasible options are identified, will potentially secure funding for the scheme to proceed.

The amount of funding secured and the number of projects being supported is as shown in table 2.4.

Table 2.4 Thames RFCC Secured Funding

Project Start Location No of projects Grant Funding 2014/15 Kimpton 1 £55,000 2015/16 Watford, Hertford, Long 3 £60,000 Marston, 2016/17 Watford, Hertford Knebworth, 4 £218,000 Potters Bar 2018/19 Rickmansworth, London 2 £50,000 Colney 2020/21 Redbourn, Welwyn 2 £20,000

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2.5.1 Additional Funding Bids in 2016/17 and beyond

The LLFA has in the past been invited to submit bids for the refresh of the 2015- 2021 Medium Term Plan (MTP); it is likely that further annual submission of bids will be called for. In order to continually maintain and develop a local programme of schemes which can be funded through to implementation stages it is important to continue to develop new bids and ensure that there is a steady stream of projects being worked on to address the wide range of surface water issues found within the county.

2.6 Contributing to Sustainable Development

The FWMA requires RMAs, of which the county council in its role as LLFA is one, to aim to contribute towards the achievement of sustainable development when exercising their flood risk management functions. To fulfil this function the LLFA has been working with partners, including the Countryside Management Service, the Environment Agency, Affinity Water and the district and borough councils on projects which have flood risk benefits as well as environmental and amenity benefits; these projects include:

 Waterford Marsh Ordinary Watercourse Restoration  Broxbourne Wood National Nature Reserve (NNR) access improvements  Haldens Park Wetland Wildlife Project  Pix Brook Watercourses Project  Oughtonhead Common Wetland Enhancements

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3. Issues and Options for the second LFRMS

Defining priorities and actions for flood risk management in Hertfordshire will be a key part of the LFRMS refresh. In order to assist the LLFA in developing these priorities it wishes to consult with key stakeholders and residents on a range of issues and specifically the following questions which are of relevance to the LFRMS review:

 What approach should be taken to overall flood risk within the LFRMS?  How should the level of investment in flood risk management projects be determined and prioritised?  What does the LLFA need to do to link its responsibilities for surface water and groundwater flood risk management and its statutory duties in relation to land use planning and surface water drainage?  How should the LLFA link with the Highway Authority in addressing surface water and groundwater flood risk?  What approach should the LLFA take to its regulatory responsibilities in relation to ordinary watercourses under the land drainage act of 1991?  What criteria should be used to determine whether flood risk assets should be recorded on the LLFA’s assets and features register?  What account should be taken of climate change when considering future flood risk management activities in Hertfordshire?

To support the understanding of the overall issues and the questions that we are asking stakeholders to respond to each questions is supported by some contextual and background information along with possible approaches. These are provided to stimulate discussion and inform priorities but are not recommendations or preferred approaches. The questions posed are provided as a means to focus the consultation; however respondents are encouraged to provide feedback on other matters if they consider them relevant and appropriate.

3.1 Overall View of Local Flood Risk

Consultation question:

What approach should be taken to overall flood risk within the LFRMS?

Context and background:

Hertfordshire County Council as the LLFA has the role of managing flood risk from surface and groundwater; other sources of flood risk are managed by other RMAs, including the Environment Agency, the District and Borough Councils and the Highways Authorities. Given that flood risk in the county is not limited to surface and groundwater flooding, the LLFA wishes to explore options on the approach that needs to be taken by the LFRMS when setting out how overall flood risk will be managed within the LFRMS and Hertfordshire.

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There are a significant number of different agencies and organisations involved in flood risk management in Hertfordshire, these include, but are not limited to, the Environment Agency, the District and Borough Councils, the County Council as Lead Local Flood Authority and Highways Authority, The Highways Agency and the Bedford and Ivel Internal Drainage Board. In addition utilities companies such as Thames Water and Anglian Water play a key role as part of their management of surface water. Other key stakeholders in flood risk management will also include land and property owners where they have riparian responsibilities for watercourses.

The approach taken by LFRMS will depend on the level of involvement that third parties will have in the strategy and its implementation, therefore the LLFA is seeking views on the extent to which the LFRMS should cover these wider responsibilities of other bodies and individuals who may have a role in flood risk management in the county.

3.2 Investment in Flood Risk Management Projects

Consultation question:

How should the level of investment in flood risk management projects be determined and prioritised?

Context and background:

Flood risk management schemes can be funded through a variety of sources. This could be at the level of an individual dwelling or resilience measures to protect multiple properties. The county council, like other RMAs, has powers allowing it to manage specific types of flood risk. Since 2010 a number of potential schemes have been identified through detailed flood (Section 19) investigations, other technical studies and via the production of a series of district wide SWMPs. Within the next two years it is anticipated that in excess of 50 potential schemes will have been identified.

The RFCCs give access to national and regional funding; FDGiA and local levy and to date the LLFA has put forward ten schemes for inclusion on the Thames RFCC’s Medium Term Plan. The early investigation stages of these projects have all been fully funded through FDGiA and levy but this is unlikely to be sustained as the cost- benefit scores are likely to mean that any schemes will require local top-up funding. It should be noted that property owners are ultimately responsible for managing flood risk to their property and may often be required to contribute towards scheme costs or to fund activity themselves. In order to get the maximum benefit from FDGiA and levy funding it is likely that contributions to scheme costs will need to be generated from scheme beneficiaries and local stakeholders.

In order to develop its thinking on these matters the LLFA is seeking the views of stakeholders and residents in two main areas. Firstly on prioritisation; a large number of potential flood risk management schemes are likely to be coming forward for consideration and it would be helpful to provide clarity on how the decision on

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which schemes should be prioritised will be made. Issues that could be considered are:

 The number of properties affected and the level of flood risk.  The availability of funding and the likelihood of that funding being realised.  The opportunities for realising multiple benefits from a scheme.

Other criteria which may be taken into account could include:

 health impacts  social impacts;  economic costs  environmental impact  impact on infrastructure  scheme costs

Secondly in relation to Investment; who should be involved in funding flood risk management schemes and how should they be involved in the development of schemes aimed at managing the probability and impact of flooding.

3.3 Land Use Planning and Surface Water Drainage

Consultation question:

What does the LLFA need to do to link its responsibilities for surface water and groundwater flood risk management and its statutory duties in relation to land use planning and surface water drainage?

Context and background:

On 15 April 2015 the LLFA was made a statutory consultee to the Local Planning Authorities (LPAs) on major development planning applications for surface water management to ensure that sustainable drainage systems are put in place, unless demonstrated to be inappropriate. This new role was introduced by DEFRA and DCLG in place of the anticipated SuDS Approving Body (SAB) as set out in Schedule 3 of the FWMA 2010. In March 2015 the LLFA updated its SuDS policy statement to reflect these changes to the planning system and this was adopted by Hertfordshire County Council as an addendum to the first Hertfordshire Local Flood Risk Management Strategy.

The LFRMS sets out the role of the LLFA as a statutory consultee to the LPAs and current policies regarding flood risk management and SuDS. Currently the LLFA has been managing the responsibility as statutory consultee by providing a formal response to consultations on major planning applications. However, there are opportunities for the LLFA to be more involved at different stages in the planning

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process, principally in local plan development and for land use planning to be used pro-actively to address flood risk issues.

3.4 Highways

Consultation question:

How should the LLFA link with the Highway Authority in addressing surface water and groundwater flood risk?

Context and background:

Highway systems are designed to manage precipitation falling on the highway and highway design standards nationally and locally reflect this. Additional overland flows may also enter the highway network from private land or from water surcharging from other networks such as surface water networks that are managed by the utility companies. This additional water can result in flooding when the highway network cannot cope with the additional flows.

Due to the nature of many roads, when precipitation or overland flows exceed the capacity of the highway drainage, the highway can effectively become a channel, becoming the transport mechanism for water and in some cases this can result in flooding to property.

The LLFA currently works collaboratively with local highways authority (Herts Highways) and the national Highways England on flooding matters which may affect the highway network. Both the local highways authority (Hertfordshire County Council) and the national Highways England are supported by organisations, such as DEFRA, the DfT and the Environment Agency, in establishing a more sustainable approach to the design and operation of highway drainage systems. The local highway authority and the Highways England are both RMAs and have a duty to making sure that the highway is safe and usable.

3.5 The LLFAs Regulatory Role

Consultation question:

What approach should the LLFA take to its regulatory responsibilities in relation to ordinary watercourses?

Context and background:

The current powers and responsibilities of the LLFA are limited to regulating works in the channel of ordinary watercourses. Therefore, managing flood risk through the regulation of ordinary watercourses is limited to any proposed modifications to the channels, leaving factors such as the volumes and quality of water flowing through ordinary watercourses out of the control of the LLFA.

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Currently, the LLFA classifies ordinary watercourses as having either a high, medium or low impact on flood risk. High risk ordinary watercourses tend to be located in urban areas whist medium risk ordinary watercourses can be located both in urban and rural areas but where the consequences of flooding would not be as significant. Ordinary watercourses classified as high or medium risk are inspected on a regular basis in order to ensure that any contraventions of the Land Drainage Act in areas at risk of flooding are identified and dealt with as appropriate. The LLFA’s experience from inspections completed on the ordinary watercourse network leads us to conclude that many riparian landowners are not aware of their rights and responsibilities. Therefore obstructions to the flow within the channel can arise due to the lack of maintenance or if modifications to ordinary watercourses are undertaken without consent.

There are two main issues that are of concern; firstly what level of regulatory control is appropriate for the effective and efficient management of ordinary watercourses and secondly what mechanisms need to be in place to affect that regulatory control.

3.6 Approach to Asset Management

Consultation question:

What criteria should be used to determine whether flood risk assets should be recorded on the LLFA’s assets and features register?

Context and background:

The LLFA has a duty to maintain a register of structures and features that have a significant effect on flood risk. The criteria that determines whether a feature or structure has a significant function in local flood risk management is set locally by the LLFA. To date, the structures and features that have been included on the register have been identified through submissions from district councils; section 19 flood investigations; ordinary watercourse inspections and through research undertaken for surface water management plans. To date, assets have been deemed to be significant if their failure or removal would lead to a risk of property flooding.

The register must be supported by a record which includes details of the condition of the asset and its ownership. In some cases, establishing these can involve a considerable amount of resources. Therefore the criteria for determining which assets will be placed on the register needs to be clear and understood by asset owners, risk management authorities and the LLFA. Criteria which could be used may include:

 The local flood risk management function of the asset.  The condition of the asset.  The maintenance requirements for the asset.  The ownership of the asset.

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3.7 Climate Change

Consultation question:

What account should be taken of climate change when considering future flood risk management activities in Hertfordshire?

Context and background:

The FWMA 2010 requires risk management authorities, of which the county council in its role as LLFA is one, to aim to contribute towards the achievement of sustainable development when exercising their flood risk management functions. The Government has identified a number of key themes for sustainable development; one of them is taking action to tackle climate change4.

The NPPF sets out how the planning system should help minimise vulnerability and provide resilience to the impacts of climate change. On 19 February 2016 updated climate change allowances were released to support NPPF. This was to take account of potential increases in peak rainfall intensity and river flow as a result of climatic change, which could result in more frequent and severe flood events.

The Lead Local Flood Authority currently uses the updated climate change allowances as the benchmark for the advice given as a statutory consultee for all major development in relation to the management of surface water drainage.

4 Defra, Guidance for risk management authorities on sustainable development in relation to their flood and coastal erosion risk management functions, October 2011

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4. Next Steps

The indicative timetable for the production of Local Flood Risk Management Strategy for Hertfordshire is as follows:

July to September 2016 Consultation on Issues & Options for the LFRMS (including the Strategic Environmental Assessment Scoping Report) Spring 2017 Consultation on the draft LFRMS (including the Strategic Environmental Assessment) Autumn 2017 Publication of second LFRMS for Hertfordshire

During this time the LLFA will continue to engage with partners including other RMAs to ensure that the second LFRMS fully explores and takes account of flood risk related issues and actions that affect Hertfordshire.

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Appendix 1. Consultation Response Form

(to be added once agreement to consultation questions is approved following Environment, Planning and Transport panel on 30 June 2016.)

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