Flood Plains: Housing Development

Baroness McIntosh of Pickering Excerpts

Thursday 24th June 2021 Grand Committee

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what assessment they have made of the impact of building major new housing developments on functional flood plains in the context of climate change; and whether they intend to amend planning law accordingly.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to have secured this debate, which is very timely given the Environment Bill currently before the House and the planning Bill due imminently. I look forward to all contributions from noble Lords, not least my noble friend the Minister who will respond from the Front Bench. I am very aware that these issues relate to dual responsibility, not just to the Ministry of Housing but to Defra. My noble friend will be as aware as I am of the impact that floods have had across North Yorkshire and the whole region on many occasions. I refer to my interests in the register and note that I am co-chair of the All-Party Parliamentary Water Group and vice-president of the Association of Drainage Authorities.

The Library prepared a note today setting out why this is such an issue. Some 5.2 million properties are at risk of flooding, and there is a fear that that may double. The definition of a functional flood plain is

“land which would naturally flood with an annual probability of 1 in 20 or greater, or land that is designed to flood in an extreme flood.”

The Environment Agency has stated that

“as of 31 March 2019, 121,000 residential properties were in areas at high-risk of flooding from rivers and the sea, and 458,000 were in medium-risk areas. 239,000 residential properties were in areas at risk of flooding from surface water, with a further 395,000 at medium-risk.”

I have been campaigning on these issues for a number of years. They include such issues as ending the automatic right to connect water supply to major new developments, building more appropriate housing, ending the practice of building on functional flood plains, using more natural flood defences such as the Slowing the Flow at Pickering pilot project—which is a brilliant example of land use management in the interests of protecting communities downstream from flooding—and using SUDS and other sustainable drainage to prevent sewage spills into existing developments. Implementing other conclusions from the Pitt review of 2007 and giving water companies the status of statutory consultees on planning applications for major new housing developments would also help. There is a role for building regulations to make houses more resilient to floods and ending the combined sewer overflows.

The floods of 2007 brought substantial damage to Pickering and other parts of North Yorkshire, and the new phenomenon of surface water flooding. It is not generally understood that it is impossible to obtain insurance for houses built after 2009. Developers are meant to build houses that are not subject to flooding; if the houses then flood, the householders are ineligible for insurance. I hope that my noble friend will commit to keeping this under review and holding the developers to account.

I hope that my noble friend can also explain the obsession with building executive-style housing of three, four and five-bedroom houses, when there is an obvious need for starter homes of one or two bedrooms, which are equally in demand for those starting a career or employment and those facing retirement. I am thinking in particular of the farmers who will be invited to take retirement through the environmental land management schemes in the Agriculture Act; there is nowhere for them to go. This is an acute problem for tenant farmers and the whole rental and owner-occupier market.

Will my noble friend undertake to liaise with the Minister at Defra as regards catchment management control as the best way of tackling flood management and identifying areas prone to flooding? There are many bodies with a role to play; I am looking at the drainage boards, local authorities, farmers, landowners, district councils and others. I pay tribute to the work of drainage boards in this regard in low-lying rural areas and welcome the fact that the Environment Bill looks to create new ones and permit possible future expansion of internal drainage boards where appropriate.

I would like to highlight the importance of regular maintenance and routine management of river systems across a catchment and the damage caused where none is done. I make a plea to my noble friend and his counterparts in Defra for increased revenue spending to bolster resources with the use of properly skilled, experienced engineers. This would keep rivers, surface water systems, gullies, SUDS, insulation flows, and so on, clear of debris and would reduce the flood risk.

The environmental land management schemes have a role to play under the provisions of the Agriculture Act in rewarding farmers for public good, of which flood prevention and flood alleviation will be crucial: for example, by storing water temporarily to prevent communities downstream from flooding. However, as my noble friend may be aware, there is a problem with the Reservoirs Act possibly thwarting this. In that vein, I welcome the recent report on reservoir safety, published by Defra in March and drafted by Professor Balmforth, which focuses on the need for a better system of risk assessment of reservoirs rather than simply categorising them by size.

I draw my noble friend’s attention to the conclusions of the Pitt review which to date, as of June 2021, have not been adopted. In particular, recommendation 10 calls for

“The automatic right to connect surface water drainage of new developments to the sewerage system”


to be removed, or at least to amend that right to connect to a public sewer, making it conditional on meeting requirements in design, construction and the guidance code for adoption. We should also oblige local authorities and other highway agencies to seek to prevent, in maintaining, upgrading or building new infrastructure, untreated run-off from roads and other open surfaces from being discharged into water courses, such as was used successfully in the US Clean Water Act, to ensure a more sustainable management of surface water. That is the most unacceptable form of combined sewer overflow, which could be prevented.

Recommendation 20 of the Pitt review asked that

“The Government should resolve the issue of which organisations should be responsible for the ownership and maintenance of sustainable drainage systems.”


That is a particular problem for retrofit. Going forward, I accept that SUDS have a crucial role to play, but the question of who is responsible for them and maintaining them after construction is key to their success. Recommendation 21 says:

“Defra should work with Ofwat and the water industry to explore how appropriate risk-based standards for public sewerage systems can be achieved”—


for example, through a greater use of SUDS and more natural flood defences such as “slow the flow” schemes.

I will end with some questions to my noble friend and recall some of the recommendations of the report that I was involved with, Bricks & Water. Basically, we called for extra funding to be provided to local planning authorities to ensure that new development is located in accordance with the National Planning Policy Framework and to pursue enforcement action against developers who do not comply with planning conditions.

Given the uptake of property flood resilience measures and continued development within the flood plain, will the Government either extend the Flood Re scheme to cover residential buildings constructed after 1 January 2009 or put an alternative scheme in place? Further to Defra’s recent consultation on the amendments to the Flood Re scheme, will the Government extend this remit to offer discounted insurance premiums to home owners who have installed property flood resilience measures and provide funds for home owners to build back better after a flood?

I have further questions in conclusion for my noble friend. Can he provide further detail on the process of planning policies and processes for managing flood risk, which may need to be strengthened, and how he intends that they will reduce flood risks? Will the Government commit to further strengthening planning policy to prevent new development in areas of high flood risk, such as functional flood plains? Will the Government commit to consultation on inclusion of property flood resilience measures within building regulations as part of the ongoing review?

It is not just North Yorkshire, Pickering and the Vale of York as well as the whole region of Yorkshire that has suffered these substantial floods; it is also the case with Gloucestershire, Lincolnshire and other parts of the country. Therefore, I end with a call to my noble friend and the Government that, based on the experience of floods that we have seen in successive years, we should build appropriate houses in appropriate places and end the practice of building inappropriate houses in inappropriate places. I am grateful for the opportunity to debate these issues, and I look forward to other comments in the course of the afternoon.