NORTH LANARKSHIRE COUNCIL REPORT PLANNING AND ENVIRONMENT COMMITTEE I Subject: FLOOD PREVENTION (SCOTLAND) ACT 1961 AS AMENDED BY THE FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997 From: DIRECTOR OF PLANNING AND ENVIRONMENT 1 Date: 7 December 2005 1 Ref: PEAD00097 I 1.0 Purpose of Report This report fulfils the Council’s statutory duties under the above Act to report on measures taken and to be taken to prevent or mitigate flooding on non-agricultural land in North Lanarkshire. A copy of the full report as submitted to the Scottish Executive is held in the Members Library for information. An abbreviated report in the form of a brochure has also been prepared. 2.0 Background This report is the fifth document published by the Department in respect of the Flooding and Land Drainage (Scotland) Act 1997. The purpose of the report is to publicise the Council’s activities since November 2003 with regard to - 0 Measures considered necessary to prevent or mitigate flooding of non-agricultural land; 0 Measures taken to prevent or mitigate flooding of non-agricultural land; and 0 A record of all instances of flooding reported to the Planning & Environment Department occurring since November 2003. The Scottish Executive makes it clear that the primary responsibility for the protection of property lies with the owner. The statutory duties imposed on the Council to assess, where relevant maintain and report on watercourse flooding do not relieve individual riparian owners of their primary responsibility for the prevention of flooding to their property. Even where a watercourse is being maintained in an efficient hydraulic condition this does not preclude the possibility that flooding could still occur. The duty to maintain watercourses does not extend to a duty to prevent flooding by the construction of flood defences. Any works of improvement including alteration to culverts, revetments, barriers are clearly not routine maintenance works. The promotion of schemes of improvement remain permissive and flood prevention schemes promoted under Section 4 of the Flood Prevention (Scotland) Act 1961 are subject to confirmation by the Scottish Ministers. The associated public consultation procedures are defined by statute and where objections are received schemes are open to public inquiry. The Council’s planning policy in respect of flooding is stated in local plans. In accordance with Scottish Planning Policy (SPP) 7 there is a presumption against development where development would create or intensify the risk of flooding 3.0 Sustainability Implications The report on measures taken, and to be taken to prevent or mitigate flooding performs well against the relevant criteria in the sustainability checklist. The main benefits arise H.Wlooding Report to Committee 25 Nov 2005.doc through actions to prevent water pollution and enhance community safety by reducing the risk of flooding. No checklist criteria are adversely affected. 4.0 Specific Comments Assessment of Watercourses There are approximately 89 rivers and burns in North Lanarkshire, two main canals and 35 lochs and reservoirs. Despite the presence of so many inland water bodies, the majority flow freely and do not give rise to flooding problems. Experience in North Lanarkshire has identified the following main reasons for flood risk arising:- 0 Increased rates and volume of run off to burns and streams with restricted capacity; 0 Building of structures (e.g. embankments) which restrict flows and reduce capacity on historic flood plains creating additional flood risk; 0 Progressive development in catchments with an insufficient number and diameter of drainage pipes to cope with peak run off flows; 0 Poor maintenance of culverts, grills, screens and road gullies leading to restriction of capacity during peak flows; and 0 Watercourses and gullies becoming obstructed by flytipping and overgrown vegetation impeding channel efficiency during peak flows. 0 Discharges from overflows in the public sewer system maintained and managed by Scottish Water and subsequent interaction with receiving watercourses. Since the last report a further 43 flood reports have been added to the register. Analysis of these reports indicates that only 30% are related to watercourses and private culverts. Of the remaining 70% many of these are related to problems with land drainage or absence of land drainage and are highly localised not involving large volumes of flood water. It should also be noted that there is no primary legislation covering the nuisance associated with surface water runoff from non-paved surfaces and it is therefore questionable that all of the instances of flooding being reported fall within the remit of the flood prevention legislation. 5. Conclusions The publication of this report fulfils the Council’s statutory obligation in respect of reporting the measures being taken to mitigate the risk of flooding as required by the Flood Prevention (Scotland) Act 1961 as amended by the Flood Prevention and Land Drainage (Scotland) Act 1997. 6. Recommendations It is recommended that Committee notes the contents of this report and the details contained in the full report to the Scottish Executive as held in the Members Library; David M. Porch DIRECTOR OF PLANNING AND ENVIRONMENT (25 November 2005) For further information please contact David Miller on 01236 6181 12. H:Flooding Report to Committee 25 Nov 2005.doc FLOOD PREVENTION HOW TO ASSIST US PREVENT STRATEGY FLOODING As part of the overall flood prevention strategy If you see any large items in a watercourse that the Council promotes the use of sustainable may cause a blockage, such as trees or masonry drainage for all new development through the please report them to Northline (01698 403110.) planning process. Council policy in respect of new development reflects the advice of Scottish Similarly blocked road gulhes or blocked Planning Policy 7 Plannmg and Floodmg. culverts below roads should be reported as a road repair to Northline (01698 403110). The Council also regularly inspects and cleans piped watercourses and associated screens. ADDITIONAL INFORMATION From the information collected to date, it For more detailed information or to report a appears the majority of North Lanarkshire’s flood event write to: reports of floodmg are related to sewer flooding or drainage systems being overwhelmed, rather Director of Planning & Environment than fluvial floodmg from rivers and burns. Fleming House 2 Tryst Road In addition to the above the Council carties out Cumbernauld regular maintenance on its drarnage systems. G67 1Jw Over L1.1M was spent on roads related drainage for example in 2004/05. A fill copy of the two-yearly report on flood prevention may be requested by Writing to the FLOODING OTHER THAN address above. Fifth Public Report on FLUVIAL FLOODING ~ Sewer floodmg can cause significant problems ROIX OF SEPA ~ ~~ Flood Prevention in built up areas. This can arise from the The Scottish Environment Protection Agency intensity and volume of rain hom storms (SEPA) operate a public information service exceedmg the design capacity of sewers. The providing information on flooding from rivers primary responsibility for sewer flooding rests together with advice on how to prepare for and with Scottish Water. deal with floods. This is provided by a 24hour telephone help-line 0845 988 1188 called Overland floodmg is caused by the build up of Floodline. Calls are charged at a local rate. It is water on land following heavy rainfall causing also available from the SEPA website pondmg of standmg water in low lying areas. wwwsepa.0rg.uk. Such floodmg is not directly related to flow in A free information pack giving advice on how to watercourses and is the responsibility of the be prepared for floodng can be obtained by landowner concerned. (Source: Scottish phoning Floodhe or requesting it online. Executive). FLOOD PREVENTION other authorities. Less than 0.5% of properties WORKS UNDERTXKEN SINCE lie within indicative inland floodplain (Source: NOVEMBER 2003 The Flood Prevention (Scotland) Act 1961 Foresight, Future Flooding - Scotland, A sample of works carried out since (as amended) requires the Council : Werrity and Chatterton). November 2003 follows: To assess watercourses within in their area FLOOD PREVENTION Removal of fden trees in the LUggie Water, from time to time to discover whether they are SCHEMES Condorrat likely to cause floodmg of non-agricultural In Scotland primary responsibility for land. protecting land from flooding lies with the Camera survey of a culverted watercourse landowner. Owners are also responsible for south of Stirling Road, Kilsyth To carry out works to maintain watercourses the private sewers and drains within the in a due state of efficiency provided this would boundary of their property. Camera survey and cleansing of a culvert substantially reduce the risk of flooding of section of the North Bum, whinhall non-agricultural land If the Council is considering work other than maintenance and repair of watercourses, the Camera survey and cleansing of a culvert To publish every two years a report on flood work must be carried out in accordance with a section of the South Burn, Airdie miugation measures taken since the previous formal Flood Prevention Scheme. This repoq proposed future measures and a record discretionary power is subject to statutory Removal of debris and fden branches from of d instances of flooding over that period. procedure. the She1Bum, Hattonrig These duties relate to floodmg associated with The Council must advertise the scheme in the Maintenance works to attenuation and watercourses, fluvial floodmg. This does not locality. Any person may object in writing to treatment lagoons, Allanton include floodmg from sewers or watermains. the Scottish Ministers within a three month Scottish Water is responsible for public sewers period from the date of the advertisement. If Camera survey, cleansing and repair of a and watermains. an objection from any person whose land may culverted watercourse, Plains be adversely affected by the scheme is not Camera survey and cleansing of culverts, FLOODING SINCE withdrawn, it will be considered at a Public Overtown NOVEMBER 2003 Local Inquiry.