Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, what steps his Department is taking to ensure public authorities are aware of and comply with Section 245 of the Levelling-up and Regeneration Act 2023.

Answered by Mary Creagh - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)

The Government has published guidance on the Protected Landscapes duty to ensure public bodies operating in these areas deliver better environmental outcomes working together with Protected Landscape organisations, and will consider what further support this Government can offer to ensure the duty is appropriately applied.

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, whether his Department has issued guidance to Lead Local Flood Authorities on the application of Section 245 of the Levelling-up and Regeneration Act 2023 when assessing Flood Risk Assessments accompanying planning applications.

Answered by Matthew Pennycook - Minister of State (Housing, Communities and Local Government)

The Levelling Up and Regeneration Act (LURA) 2023 amended Section 85 of the Countryside and Rights of Way Act to create a new duty for relevant authorities to ‘seek to further’ the statutory purposes of Protected Landscapes.

In December 2024, the government published guidance setting out broad principles to support relevant authorities in complying with this duty. This can be found on gov.uk here.

My Department has not issued guidance specifically for Lead Local Flood Authorities (LLFAs) on applying LURA Section 245 when evaluating Flood Risk Assessments (FRAs) in planning applications.

However, LLFAs can make use of other guidance, including planning practice guidance on flood risk and coastal change which can be found on gov.uk here and national flood risk standing advice for local planning authorities which can be found on gov.uk here. They can also utilise the FRA template on the Planning Portal here.

A particular focus of the guidance in question is supporting LLFAs with advice on sustainable drainage provision within major development proposals given that this can be an essential means of achieving the requirements of LURA Section 245, for example, through green and blue space provision or nature-based features that benefit the water quality of rivers and streams.

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