Agenda item

Design of drainage for new development sites

Decision:

That the presentations be noted.

Minutes:

The Project Engineer from the Council’s Flood & Coastal Erosion Risk Management team gave a detailed presentation on the management of surface water for new developments and assessment of flood risk mitigation measures.  The presentation comprised the following information:

 

·         Risks to and from new developments

·         The roles of Risk Management Authorities: the Council, Welsh Water and Natural Resources Wales (NRW)

·         The planning process

·         Supplementary Planning Guidance Note 29

·         Challenges

·         The future of surface water management

 

The Project Engineer spoke about the responsibility of private landowners and management companies outside that of the Risk Management Authorities.  He went on to refer to the potential cost implications if early consideration was not given to drainage schemes as part of planning new developments and to the Supplementary Planning Guidance which had been produced with colleagues from Welsh Water and NRW.  In terms of future challenges, there was ongoing uncertainty due to a delay in the enforcement of Schedule 3 of the Flood Water Management Act 2010 relating to Sustainable Drainage Systems (SuDS).  As part of this, the additional powers to be granted to local authorities as SuDS approval bodies could create opportunities for efficiencies.

 

The Chair then invited Miriam Wasik-Evans and Henry Jones-Hughes of D?r Cymru Welsh Water to give their presentation which covered the following points:

 

·         Welsh Water - who are we

·         Developer Services

·         Planning function

·         Types of sewer network

·         Key considerations through the planning process

·         Design and build

·         Approach to surface water

·         Relationship with Flintshire County Council

 

Members were advised that Welsh Water was now a statutory consultee on major planning application: previously this was at the discretion of the planning authority.  The importance of consultation on surface water drainage for certain types of applications at the planning stage was highlighted, along with the availability of a pre-application advice service to customers.  Whilst explaining the approach to surface water, it was clarified that Welsh Water did not have powers to stop developers connecting surface water into the system and therefore there was a reliance on the planning process to impose conditions to allow some controls.  It was also stated that Welsh Water was unable to instruct developers to fix problems on its network and could only request them to fund reinforcement to ensure no detriment occurred to current service levels experienced by their customers.

 

Councillor Hilary Isherwood called for the Council to lobby the government for a change in policy and legislation on drainage schemes and planning enforcement to avoid the need for residents to pursue civil action.  She spoke about the need for accountability to improve road surfaces damaged by underlying water and the expectation for developers to comply with their responsibilities.

 

Mr. Jones-Hughes said that run-off rates on the highway would be the responsibility of the Highway Agency whereas the requirement for management of surface water on planning development sites involved developers submitting details to the local authority.  Ms. Wasik-Evans spoke about the role of the local authority in undertaking monitoring site visits.  Mr. Julian Hill referred to the Pitt Review in 2007 leading to proposals in the Flood & Water Management Act 2010 some of which had stalled.  He said that a joined-up approach was needed on surface water drainage and that there were misconceptions on SuDS with concerns around funding.  He pointed out that fees associated with preparing surface water design could generate income for local authorities and urged authorities to make representations to the Welsh Government to recommend statutory enforcement of Schedule 3 of the legislation.

 

The Chief Officer (Planning & Environment) said that the Supplementary Planning Guidance already clarified requirements for the management of surface water.  In respect of Councillor Isherwood’s comment, he pointed out that generic issues on planning enforcement had been scheduled for the May meeting of the Committee and that specific issues raised with officers, including breaches of conditions, had been followed up.

 

Councillor Paul Shotton remarked on increased levels of flash flooding.  He asked whether there had been a similar increase in reported problems with sewer systems, perhaps due to collapsed or blocked drains, which could be avoided by more education on household waste.  Welsh Water representatives said that there had been an increase in calls due to ageing assets transferred through the Private Sewer Transfer of 2011 and that a public campaign ‘Stop the Block’ had highlighted the problem of sewer blockages amongst communities and schools.  Sewer networks on new development sites were monitored throughout the construction stage and for 12 months after.  Welsh Water worked with developers on solutions to issues identified at the planning stage and raised with local authorities.

 

When asked about levels of resources, the Welsh Water representatives said that the company’s business plan had been subject to thorough scrutiny, however there was a balance between reducing bills for customers and investing in the business.

 

Following comments from Councillor Cindy Hinds on an issue with a development in Penyffordd, Ms. Wasik-Evans said that this had been identified at an early stage and that she would provide a separate response on plans for the area as part of the investment plan for North Wales.  In relation to the outcome of the proposed development at Rhos Road, the Chief Officer said that the Council had consulted with Welsh Water on the capacity of the network, prior to it becoming a statutory consultee.  He went on to stress the importance of Welsh Water as part of the Council’s key stakeholder group for Local Development Plan proposals.

 

Councillor David Evans asked about the requisition of new connections where developers struggled to connect to Welsh Water assets and was informed that such cases in North Wales were rare and that the initial approach was always to encourage negotiations with the landowner.  In relation to concerns about saturation points on certain fields in Saltney and in Balderton, the Project Engineer explained that these were mostly ground water issues on low-lying land and that local flooding was mainly due to surface water and ground water.  Officers noted the suggestion made by Councillor Evans for the Project Engineer to be invited to a future training session for the Planning Committee.

 

Councillor Chris Dolphin questioned the role of local authorities as the local flood authority and felt that ongoing surface water problems on roads should be a major factor in refusing planning applications in those areas.  The Project Engineer explained that more responsibility on flood water management had been given to local authorities following the Pitt Review.  On the latter comment, he said that developers could improve the situation if they were able to put forward a scheme to match Green-field run-off rates without contributing to the existing problem.

 

Councillor Colin Legg expressed his gratitude to Welsh Water for their prompt assistance in responding to a particular drainage issue.

 

In response to comments from Councillor Haydn Bateman, Ms. Wasik-Evans provided explanation on the Build Over Sewer ‘BOS’ agreements between Welsh Water and developers to assess and protect assets underneath proposed extensions.

 

Following the item, Councillor Dolphin made a suggestion on limiting the number and length of presentations given at future meetings.

 

RESOLVED:

 

That the presentations be noted.

Supporting documents: