Some of the elements of the Flood and Water Management Act (FWMA) 2010 have already been implemented and these include:
- Establishing and maintaining a register of flood risk management assets with a record of each structure, together with details of ownership and state of repair, which may affect a flood risk. The map can be viewed at the bottom of this page.
- Undertaking a Preliminary Flood Risk Assessment for local sources of flood risk, primarily from surface run off, groundwater and ordinary watercourses.
All flood risk management organisations have a duty to co-operate and will need to work in partnership with us on flood risk management.
The Environment Agency has a strategic overview role for all flood risk.
Under common law, a riparian owner is someone who has a watercourse within or adjacent to any boundary of their property. Where a watercourse is sited between two or more property boundaries, each owner may be equally responsible. Under the new Act, riparian owners retain all the duties and responsibilities for watercourses in their land set out in the Land Drainage Act.
Water companies will continue to be responsible for public sewers, and will have a more formal role in the management of surface water.
Local Flood Risk Management Strategy
A key new duty of the Floods and Water Management Act 2010 is for Lead Local Flood Authorities (LLFA) to develop a local strategy for managing local flood risk. It must set objectives for managing local flood risk, in the context of a local strategy. Objectives for local strategies should be consistent with the strategic objectives and guiding principles set out in the National Strategy.
Surface Water Management Plan
The Surface Water Management Plan will:
- assess the risk of surface water flooding
- help identify options to manage risk to acceptable level
- assist in making the right investment decisions
- aid planning the delivery of actions to manage flood risk
- focus on reducing flood risk of existing development
- influences the management of surface water for future development
Each Lead Local Flood Authority (LLFA) will become a statutory consultee to the planning authority responsible for approving all surface water drainage systems for new developments, in line with a set of national standards set out by government, as well as specific local standards which the council have developed.
The Lead Local Flood Authority is the regulatory body for ordinary watercourses. These powers were transferred from the Environment Agency.
Regulation is the management of all proposed activities affecting ordinary watercourses, and is made up of two aspects, consenting and enforcement.