Agenda item

15.1     The Team Manager Flood Risk Management introduced the report which provided an overview of the Council’s flood risk management and climate adaption work. The Council’s Climate Emergency Board has agreed a three-step approach to climate adaptation, largely following that set out in the Local Partnerships Climate Adaptation Toolkit. The steps are:

• Step 1 – A county-wide assessment of vulnerability and climate risks.
• Step 2 – Application of county-wide climate risks to ESCC business planning.
• Step 3 – Integration of climate adaptation into ESCC service planning.

15.2     In terms of the Council’s role as Lead Local Flood Authority (LLFA) one of the main pieces of work is to review and replace the current Local Flood Risk Management Strategy for East Sussex which was adopted in 2016 and is due to be updated by the end of 2026. The other main part of the Team’s work is to respond to consultations on planning applications from the planning authorities and investigations or enquires for ordinary watercourse consent.

15.3     The Committee discussed the report and asked a number of questions. A summary of the discussion and comments made is given below.

Flooding and the Marine Management Organisation (MMO)

15.4     Members of the Committee outlined problems with flooding north of the coastal railway line that runs from Hastings and through Bexhill to Lewes. Problems have been identified with the outfalls, but the Marine Management Organisation (MMO) is seen to delay the work by not issuing licences/consent in a timely way.

15.5     The Team Manager Flood Risk Management acknowledged that there were a lot of issues with surface water problems. Southern Water have been working with the Team on these issues in good faith and there is a good working relationship with the Stormwater Task Force. There appears to be a particular issue with the MMO which does take a while to get permission issued to carry out work. The problem is not with Southern Water but more about getting permits in a timely way.

15.6     Councillor Hollidge commented that something needs to be done about the length of time the MMO takes to approve works and grant licences as the lack of progress on works may cause a pollution risk, especially where foul water and combined sewers are involved. The Team Manager Flood Risk Management commented that he was not aware that there were significant delays, but this is a matter for Southern Water who are organising the works. ESCC’s involvement with the MMO is mainly related to bridge works and outfalls. ESCC’s ability to influence the MMO may be minimal and lobbying through the County Councils Network (CCN) or the Local Government Association (LGA) might be more effective. The Committee discussed what action could be taken and agreed to write to the MMO expressing the Committee’s concerns regarding the delays in granting permits.

New developments and flood risk

15.7     Committee members observed that the risk of flooding seems to have increased in East Sussex, but ESCC rarely objects to planning applications due to flood risk. The Committee expressed concerns that new development may pose a flood risk to existing properties. The Team Manager Flood Risk Management responded that he was not aware of a planning application where the Team would not comment on the application. The Team spends a considerable amount of time to negotiate acceptable solutions with applicants. The Team can object to an application on the basis of not enough information. The Team’s approach is not to unjustifiably object to an application and always looks for the best outcome through negotiation. In the case of Eastbourne, there are different types of flood risk from local sources, main river and coastal flooding which is the responsibility of the Environment Agency.

Hastings flooding issues

15.8     Councillor Hilton commented that the progress on flooding issues in Hastings feels a bit slow despite monthly meetings with Southern Water. There does not appear to be a sense of urgency on how all the work is brought together. She asked how the Council is making sure all the organisations are working together.

15.9     The Team Manager Flood Risk Management outlined the work the Team is doing on natural flood management. The Team is working with all planning authorities on a site-specific basis. The Southern Water modelling will be completed shortly which aims to slow the flow of water based on hydraulic monitoring information. The Team is talking to everybody involved to ensure joined up working (e.g. Hastings monthly meetings) and have regular conversations on location and thematic based work. The Team can facilitate a better understanding about flood risk management and can look at opportunities to improve understanding. The Team is progressing work as quickly as possible with a small team of people and can add value through discussion and negotiations with interested parties. Most impact is through the planning system and work with Southern Water and the Environment Agency.

Land Drainage Act

15.10   The Committee asked about the work on Land Drainage Act contraventions and why out of 400 cases there had been no prosecutions. The Team Manager Flood Risk Management responded that enforcement action is very expensive. If the Team can discuss options and solutions with the landowner, often it is possible to resolve the issue more quickly through negotiation than through enforcement. All 400 cases will be resolved, and the Team will take enforcement action if necessary. ESCC can only recover prosecution costs once an appeal against prosecution has failed. Riparian responsibilities are the main issue where landowners do not understand their responsibilities. The Association of Directors of Environment, Economy, Planning and Transport (ADEPT) has been doing some work with the Law Society to try and get riparian responsibilities recorded in deeds to help with this situation.

Alfriston flood issues and Risk Management Authority (RMA)

15.11   Councillor Stephen Shing asked about the flooding issues in Alfriston and the work ESCC is doing as the LLFA with the Pevensey and Cuckmere Water Level Management Board who are the Risk Management Authority (RMA) responsible for that area. The Team Manager Flood Risk Management outlined that there are a number of RMAs including ESCC, but there is no legal way ESCC can compel other RMAs to undertake works. So, it is a matter of working together and trying to align investment plans. Alfriston is a complex problem, and a number of works are planned or are underway (e.g. dredging the water course channel and forming/reforming embankments).

Blue Heart project

15.12   The Committee asked about the level of awareness in Eastbourne of the Blue Heart Project. The Team Manager Flood Risk Management responded that engagement with the Blue Heart project is a significant strand of work for the Team. Awareness is improving and we are much further forward than we were. However, not all households are aware of the project and how to protect themselves from flooding.

Run-off from Roofs 

15.13   Committee members asked when considering planning applications, does the Team consider the run-off from roofs onto adjacent land and into drainage systems. The Team Manager Flood Risk Management outlined that the impact of run-off on receiving infrastructure and the existing conditions are considered by the Team, as well as any impact on the sub-catchment area. The Team requests discharge information at the outline planning stage on how the development will keep discharges at the same level as when the site was a greenfield site. This covers the capacity to slowly discharge run-off, including the scenario where there is a second storm event within 24 hours, and to understand the impact downstream.

15.14   The Committee RESOLVED to:

1) Note the update report on the Climate Change Adaptation and Flood Risk Management work being undertaken by CET; and

2) Note the intention to review the current Local Flood Risk Management Strategy for East Sussex and its delivery plan; and

3) Write to the Marine Management Organisation (MMO) to express concerns regarding the delays being experienced in granting permits.