A report by the Interim Director of Technical Services informed that the Flood and Water Management Act 2010 (“the Act”) and the Flood Risk Regulations 2009 established the Council as a Lead Local Flood Authority (“LLFA”).  LFFAs were required to lead the strategic management of local flood risk arising from surface water, ground water and ordinary watercourses.

The Interim Director informed that the statutory responsibilities attached to the LLFA role, placed substantial new duties on the Council in managing flood risk and from 6 April 2012 this had included Ordinary Watercourse Consenting and Enforcement which had been formerly and Environment Agency (“EA”) function.

The report covered the transfer of these regulatory powers of consenting and enforcement from the EA to the LLFA.  Together, ordinary watercourse consenting and enforcement were referred to as “regulation”.  The Cabinet was informed that the purpose of ordinary watercourse regulation was to control certain activities that might have an adverse flooding effect. 

In order to manage this new duty efficiently, the Cabinet was informed that it would be necessary to establish administration processes and ensure appropriate and necessary delegated authority had been granted to relevant Council Officers.

Councillor Harry Smith informed that appropriate training for enforcement would be provided internally following some external liaison.

RESOLVED: That the Cabinet:

(1)  notes the content of the report;

(2)  authorises the Director of Technical Services to establish and implement the necessary auditable process to ensure compliance with the legislative framework and other requirements detailed within the report; and

(3)  recommends to Council that the Scheme of Delegation to Officers be amended to include as follows:

(a)  the Director of Technical Services to undertake all requisite and necessary consent and enforcement measures/action under the Flood & Water Management Act 2010, Land Drainage Act 1991 and associated secondary legislation as deemed necessary to ensure the Council (as Lead Local Flood Authority) discharged its enforcement/regulation obligations, duties and responsibilities and.

(b)  the Director of Law, HR and Asset Management (in consultation with the Director of Technical Services as necessary) to undertake any necessary formal litigation action in connection with the Council’s (as Lead Local Flood Authority) enforcement/regulation obligation, duties and responsibilities under the Flood & Water Management Act 2010, Land Drainage Act 1991 and associated secondary legislation.