Flooding: Planning and Developer Responsibilities

Debate between George Freeman and Terry Jermy

Tuesday 13th May 2025 Westminster Hall

[George Freeman]

That is a very good point, and I do agree—in fact, I will go a lot further than that, if Members will allow me to get to the radical, central elements of my Bill. However, I do agree that that is absolutely something we need to do.

Across Mid Norfolk, the 23 villages—I will not list them all—go from Old Buckenham in the deep south east, through Wretham, Hockham, Rocklands, Thompson, Watton, Saham Toney, Cranworth, a cluster of co-adjacent villages, north Elmham, Billingford, Lyng, Elsing, Yaxham, Mattishall and right up to Weasenham in my north-west frontier, which should not be flooding. That tells us that this flooding is not just geomorphological. It is the result of housing and the lack of investment in the drainage infrastructure.

The truth is that the patient people in Mid Norfolk—they are pretty patient, given that they have had me as an MP for 14 years—are getting really impatient with this. There is a contract between the state and the citizen whereby if they pay their taxes and buy a house, while they do not expect that much these days, they do expect that their house will not flood because of systemic and structural failures of national infrastructure. When it does flood, and they call, hoping that someone will come and pump it out, they expect the water companies, to whom they are paying very high bills, to be there and to help. However, the service and the responsiveness has not been there—at least until they are able to sit on the answering machine and ring enough times that eventually a tanker arrives. People are fed up with that and with the fact that this has been coming for quite a long time, so they are very excited by the fact that the Minister is gripping this issue.

Let me spin through the problems, as I have experienced them in Norfolk. It is, of course, climate change; let us not undermine the importance of that. Last year we had the eight wettest months on record, one after another. That is not happening for any weird, strange, unexplained reason; it is happening because of climate change. The issue is also that in my part of the world we are building a lot of houses—but the country has to build them, so I do not think that not building houses is the answer. The devil is in the detail.

Another problem is that our agricultural practices have changed. In my part of the world, a proud farming county, we now have a lot of contract farming. The big landowners are often things like pension funds and are remote. The farming is not done by a local landowner, but by contract farmers on a very tight, low-margin contract, with huge bits of kit, roaring around trying to get the job done and scratch a living. In the old days, on the farm I grew up on, in a rainy month we would go and mend the fences and clear the ditches, but that work does not tend to be in the farming contracts. Our county councils have also seen their budgets hammered by the rising cost of social care and through some of austerity 1.0. There is a basic maintenance problem.

We also have a big planning problem. The point made by the hon. Member for West Dorset (Edward Morello) was a good one, but the real problem in my patch has been that because of the five-year land supply, good planners have said, “Well, we don’t want to build here, and we shouldn’t build there,” as well as holding statutory consultations. Many of the big developers have then land banked—they have taken their permissions where they know they are going to get them and have not built them out—and then invoked the five-year land supply.

The five-year land supply was a sensible coalition policy designed to ensure that a 20-year plan could not be ignored, but it has been used to blow the whistle and say, “You are not building out at your five-year land supply, so we will now invoke the freedom to dump where we want.” It is a win-win. They then dump 100 houses outside Yaxham and 200 outside Mattishall—they want to go near Norwich, dump on the outskirts of a village near a road, move on and not invest. That is what has driven a lot of the problem.

Statutory consultation is fine, but this is also a planning issue. Part of what my Bill addresses is that we must somehow ensure that when developers are building like that, it should not just be that they are statutorily consulted and go through the tick boxes. The only way to make them take this seriously is to say, “Look, if you build, and within five or 10 years of your building there is significant flooding that never used to happen in that area, you’re going to be on the hook for upgrading the drains. You’re going to be on the hook for doing the repair work.” We have to create a fiduciary financial liability that makes the directors of those companies say, “I think we’d better upgrade; we’d better do the investment up front, rather than relying on consultations.”

In the end, somebody has to pay. To be fair, the water companies have got to pay more, but we are also asking them to pay billions to improve pipes, build reservoirs and stop leaks. Somewhere in the system we have to find a bit more money to do the upgrade of the traditional drains and improve the infrastructure. It behoves us all to give the Minister some solutions. Where will the money come from? Nobody in Mid Norfolk wants to pay more council tax; it is already very high and it is going on social care. One answer is from the developers.

There is another problem, however. When someone in Mid Norfolk picks up the phone and asks who is in charge, there are 36 organisations in Norfolk with responsibility for flooding prevention. In Whitehall that probably seems like a low number, but in Norfolk people only want one. We do have one: it is called the local flood authority. It is great, but it has no money and no power.

The good news is that in addition to the LFA we have the internal drainage boards, which have been looking after flooding since about 1550; they really know their ditches and dykes. Colleagues with agricultural constituencies—I can see them nodding—will know that these are the very local experts who know about hydrology and water and how it all works. The problem is that their budgets have either been cut or not maintained to keep pace with demand.

There are quite a small number of areas—I think15 to 20 districts—particularly in the east of England, such as the fens, Cambridgeshire, Norfolk and other areas, that have a very high incidence of flooding. The other problem is that where they are being hit, the IDBs have to be propped up by the district councils, which means the residents in those areas are then penalised as funding is—quite properly—diverted into flooding. That is funding that they are not getting into their public services. There is a huge problem with the allocation of funding.

[Terry Jermy (South West Norfolk) (Lab)]

I am pleased that the hon. Member, my county colleague, mentioned internal drainage boards. For every pound that King’s Lynn and West Norfolk borough council in my constituency collects in council tax, 43p now goes to internal drainage board levies, which is completely unsustainable. Does his draft Bill address IDB levies and call for a permanent, full-time solution to the funding issue?

[George Freeman]

I am grateful to the hon. Gentleman, who is my constituency neighbour and good friend. Yes, my Bill absolutely does address that issue; I will take his steer and get to the guts of it. He is absolutely right; IDBs are crucial in our part of the world. When I first looked into this issue, I thought, “How come Norfolk is top of the league table for flooding?” I soon discovered—even more shockingly—that we are not; I think we are county No. 6 or 7 out of 10, which is why many hon. Members from other counties are here.

The problem is fourfold, and there are four provisions in my draft Bill—I am keen to use this debate as an opportunity to polish it. First, we need a much clearer and sharper set of responsibilities. At the top, the Environment Agency obviously has overall responsibility for flooding in the country, but this is a local problem, so we have to properly empower the strategic flood authorities locally and re-empower the IDBs. At the moment, many of them find that in dealing with flooding they come up against all sorts of environmental green tape produced by the very agencies that are there to stop flooding—as though the Environment Agency is more interested in filling our ditches and drains with mud and wild flowers than encouraging them to drain the water. People feel frustrated by well-intended green bureaucracy that is getting in the way of local solutions, so responsibilities should be put back locally.

Secondly, on funding, I strongly believe that we should be top-slicing and ringfencing some of the Environment Agency’s funding and giving it to IDBs and strategic flood authorities. It would be a rounding error for the Environment Agency—