Great Yarmouth Third River Crossing Appendix 12A: Legislation, Policy and Guidance Document Reference: 6.2 Great Yarmouth Third River Crossing Application for Development Consent Order Document 6.2: Environmental Statement Volume II: Technical Appendix 12A: Legislation, Policy and Guidance Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (as amended) (“APFP”) APFP regulation Number: 5(2)(a) Planning Inspectorate Reference Number: TR010043 Author: Norfolk County Council Document Reference: 6.2 – Technical Appendix 12A Version Number: 0 – Revision for Submission Date: 30 April 2019 Great Yarmouth Third River Crossing Appendix 12A: Legislation, Policy and Guidance Document Reference: 6.2 CONTENTS PAGE No. Tables .................................................................................................................ii 1 Legislation, Policy and Guidance ............................................................1 2 References ..............................................................................................13 i Great Yarmouth Third River Crossing Appendix 12A: Legislation, Policy and Guidance Document Reference: 6.2 Tables Table 1.1: Summary of Legislation ............................................................................. 1 Table 1.2: Summary of Policy .................................................................................... 3 Table 1.3: Summary of Guidance ............................................................................. 11 ii Great Yarmouth Third River Crossing Appendix 12A: Legislation, Policy and Guidance Document Reference: 6.2 1 Legislation, Policy and Guidance 1.1.1 Table 1.1 to 1.3 summarises the applicable legislation, policy and guidance to Chapter 12 Flood Risk. Table 1.1: Summary of Legislation Legislation Summary Chapter Reference Floods Directive The Floods Directive The objectives of the (2007/60/EC) (Ref 12A.1) makes provision for the Floods Directive that are assessment of flood risk, relevant to this mapping its potential assessment are met impact and planning through other legislation measures to reduce and policy documented in potential and significant this Appendix. flood risk. Highways Act 1980 (Ref Sets out the functions of The Chapter assesses 12A.2) highway authorities. In flood risk to the Scheme terms of flooding, the Act to inform the need for any allows highway authorities flooding protective to provide and maintain measures. protection to a highway from flooding. The Water Resources Regulates water The Environment Agency Act 1991 (as amended) resources, water quality, have been consulted on (Ref 12A.3) water pollution and flood the scope of this defence. The Act sets out assessment (see Table the responsibilities and 12.2 and Table 12.3 of authority of the Chapter 12). Environment Agency with respect to flood defence in England. Land Drainage Act 1994 An amendment to the The Flood Risk (Ref 12A.4) Land Drainage Act 1991 Assessment (FRA) setting out the functions (Appendix 12B) provides of internal drainage information on internal boards and local drainage boards and authorities. flooding from all sources including those that local authorities are responsible for. 1 Great Yarmouth Third River Crossing Appendix 12A: Legislation, Policy and Guidance Document Reference: 6.2 Legislation Summary Chapter Reference Environment Act 1995 The Act which The Chapter is subject to (Ref 12A.5) established the review by the Environment Agency Environment Agency to within England and set ensure compliance with out its responsibilities for the Environment Act. The flood defence, water Environment Agency resources and land have been consulted on drainage. the scope of this assessment (see Table 12.2 and Table 12.3 of Chapter 12). Flood Risk Regulations Sets out the duties of the The Chapter uses flood (2009) (Ref 12A.6) Environment Agency and risk documents produced Lead Local Flood by the Lead Local Flood Authorities in terms of Authority and Preliminary Flood Risk Environment Agency to Assessments and flood inform the FRA. mapping. The Environmental An update to the Under the Environmental Permitting (England and regulations on Permitting Regulations, Wales) Regulations environmental permits an environmental permit 2016 (Ref 12A.7) and introduction of for flood risk activities different types of permits may be required for work depending on the in, under, over or within activities being 8m of a fluvial main river undertaken and the risk or flood defence structure associated with them. or culvert or within 16m of a tidal main river or flood defence structure or culvert. The Flood and Water Implements the This chapter recognises Management Act 2010 recommendations of the the flood risk (Ref 12A.8) Pitt Report following the management authorities widespread flooding in and assesses all sources 2007 and sets out the of flooding including responsibilities of risk surface water. management authorities including the Environment Agency and local authorities. There is a lot of detail around surface 2 Great Yarmouth Third River Crossing Appendix 12A: Legislation, Policy and Guidance Document Reference: 6.2 Legislation Summary Chapter Reference water flooding and the use of Sustainable Drainage Systems (SuDS). Table 1.2: Summary of Policy Policy Summary Chapter Reference National Policy Sets out the government The UKCP09 were Statement for National policies for nationally considered as part of this Networks (NPS NN) (Ref significant infrastructure assessment but updated 12A.9) projects on the road and climate projections, the rail networks in England UK Climate Projections and provides planning 2018 (UKCP18) were guidance for promoters of released in November NSIPs. 2018. The EA stated in their consultation The NPS NN recognises response in October 2018 that as a result of climate that if the UKCP18 change, the risk of guidance was published flooding will increase before the FRA was within the lifetime of finalised, the assessment NSIPs. Section 4.41 of must consider the new the NPS NN states that if guidance. The UKCP18 transport infrastructure guidance has been used has safety-critical to inform the climate elements and the design change sea level rise life of the asset is 60 scenarios included in the years or greater, the FRA (Appendix 12B). It applicant should apply the should be noted that the UK Climate Projections UKCP18 climate change 2009 (UKCP09) high sea level rise estimates emissions scenario are recommended for use against the 2080’s over the UKCP09 projections at the 50% estimates but UKCP09 probability level. has not been wholly superseded by UKCP18 The NPS NN (paragraph yet and parts of UKCP09 5.95) states that the FRA are still valid. This is should be carried out with discussed further in reference to the guidance Section 12.5 of the from the NPPF and Chapter. accompanying PPG. 3 Great Yarmouth Third River Crossing Appendix 12A: Legislation, Policy and Guidance Document Reference: 6.2 Policy Summary Chapter Reference This FRA has been carried out in accordance with the NPPF and the accompanying PPG. National Policy Provides guidance for The FRA (Appendix 12B) Statement for Ports assessing flood risk has been carried out in (NPSP) (Ref 12A.10) associated with accordance with the developments in ports. NPPF and the accompanying PPG. The NPS for Ports acknowledges that whilst development within ports is ‘water-compatible’ and therefore is permitted in high flood risk areas (paragraph 5.2.3), it is still necessary to undertake a FRA in line with the NPPF (paragraph 5.2.4). National Planning The NPPF sets out the The majority of the Policy Framework Government’s planning Scheme site lies in Flood (NPPF) (Ref 12A.11) policies for England and Zone 3 (3a) (land having how these should be a 1 in 100 or greater applied. It provides a annual probability of river framework within which flooding; or land having a locally-prepared plans for 1 in 200 or greater annual developments can be probability of sea produced. flooding), therefore an FRA has been carried out Paragraphs 155 to 165 of in accordance with the the NPPF outline the requirements of the NPPF development and associated PPG. requirements in terms of flood risk and the impact The FRA (Appendix 12B) of climate change. has assessed the risk of flooding to the Scheme The NPPF requires over its lifetime and the developments to be ‘safe impact of the Scheme on for its lifetime, without flood risk elsewhere, increasing flood risk taking into account the elsewhere’ (NPPF, paragraph 155) and, 4 Great Yarmouth Third River Crossing Appendix 12A: Legislation, Policy and Guidance Document Reference: 6.2 Policy Summary Chapter Reference where possible to ‘reduce future implications of flood risk overall’ (NPPF, climate change. paragraph 160). Priority is given to the use of Sustainable Drainage Systems (SuDS) within the NPPF. The NPPF advises that FRAs are required for all developments in Flood Zones 2, 3a and 3b and for all development sites in Flood Zone 1 that are 1 hectare (ha) or greater. The definitions of these zones are provided in Section 4 of the FRA (Appendix 12B). Norfolk Local Flood The Norfolk LFRMS The Chapter considers all Risk Management identified that the most sources of flood risk to Strategy (LFRMS) (Ref significant flood risk in the the Scheme and the 12A.12) Great Yarmouth borough impact of the Scheme on is that of coastal flood risk elsewhere. inundation (approx. 24 km of coastline) and fluvial flooding. Although the frequency of