Local Government Spending (Floods)

Julian Smith Excerpts

Tuesday 20th November 2012 Westminster Hall

[Julian Smith (Skipton and Ripon) (Con)]

Can my hon. Friend explain to the Chamber just how rural that part of Britain is? The area is among the most sparsely populated in England, and as a result the challenge for it was much greater.

[Miss McIntosh]

I shall first set the scene and make a little progress.

North Yorkshire county council had to pay for specialist drivers to carry out safety checks, for example, and a temporary bridge had to be installed on the B1263, near Scorton in Richmondshire. While the bridge in Tadcaster was out of action, a free bus service was provided to shuttle people across the town because, owing to its geography, the town was split in two. North Yorkshire county council is currently carrying out extensive inspections, assessments and repair works, as the severe weather affected more than half the county.

It will be a number of months before the full extent and cost of the damage incurred are known, but the latest estimate is approximately £1.8 million. That is made up of the initial clear-up, the jetting, sweeping, additional bus services, call-outs and so on, of some £250,000; repairs to infrastructure, including surveys and bridge inspections, of £405,000; temporary carriageway repairs of £5,000; temporary bridge repairs of £35,000; and staff time and design partners, costing £170,000. In addition, a capital spend of about £900,000 is expected, split between carriageway construction and bridge replacement.

I have lived in North Yorkshire more or less since my early years, having been to school there, and I represented the county through the Vale of York constituency and, currently, Thirsk, Malton and Filey. We have, I believe, the longest stretch of rural roads in the country. As was seen in our statistics last week, we have the highest figure for fatalities among young drivers, and the largest number of transit drivers through a county. I also understand that we have something in the region of 168 bridges, a far higher figure than most because of the number of rivers and waterways that we have to cross, which lend themselves to the most beautiful and stunning scenery and geography but also to some extremely testing situations with regard to flood damage.

On the Bellwin scheme, I understand that, specifically, North Yorkshire county council is required to pay the first £1.4 million and 15p out of every £1 thereafter. There is a three-month deadline to make the claim, but bridge inspections, quite apart from road inspections, are of necessity extensive, to test their current safety and to assess the level of damage.

I wrote on behalf of North Yorkshire county council and my constituents to the Department for Communities and Local Government at the end of September or in early October. We are now approaching late November. In that time, I expected the courtesy of a reply from that Department—or from the Department of Transport if my letter had been passed on, as I understand that it was—to share with the council and my constituents. Such a late response gives the House of Commons a bad name. All of us aim to take up constituency concerns at the earliest possible opportunity.

Given that it is almost two months since I wrote my letter, that the initial deadline within which an application must be made is three months, and that there has been extensive damage, I hope that the Minister can comment on a number of factors in his reply. Given the 79 bridges affected and the huge mileage of roads to be assessed, and that many of the roads suffered extensive frost damage during the two hard winters of 2010 and 2011, is the deadline moveable? My main concern is that the county council has been told that we do not qualify under the Bellwin formula for capital expenditure on roads and bridges, but I know that that is not true. The Official Report of 21 July 2008, column 770W, and of 10 June 2008, column 768W, shows that the previous Government made substantive payments to Hull in particular, and to other parts of the country for damage to roads and other capital expenditure under the emergency highways capital maintenance scheme. I understand that that came from the Department for Transport, but the clock is ticking, and time marches on. First, is the three-month deadline completely immoveable? Secondly, why has North Yorkshire county council been told that it cannot claim for capital expenditure, when clearly there is a history under the Bellwin formula of just such expenditure?

Emergency planning is directly within the responsibility of the Department for Communities and Local Government, and I pay tribute to the Emergency Planning College at Hawkhills near Easingwold in Thirsk, Malton and Filey, which looks at emergency planning measures for flooding. Has the Minister had the opportunity to visit the college, and to consider whether more could be done to bring all the emergency services together in such a scenario, which is becoming increasingly common, to ensure that we are in the best state of preparedness should future flooding occur?

I want briefly to touch on insurance claims and to ask what discussions the Minister has had with his colleagues in DEFRA particularly about replacing the statement of principles, which is due to expire in June 2013. What are the implications for local authorities such as North Yorkshire county council in making insurance claims for otherwise non-recoverable costs? Again, the deadline is tight, because the statement of principles will expire in some eight months.

There is great concern about planning applications on floodplains. An application was made for 300 houses to be built on Muston road in Filey, which Scarborough borough council sensibly turned down, but was overruled by the Planning Inspectorate. Planning inspectors tend to be out of town and out of the immediate vicinity where the decision is made. There seems to be a conflict at the heart of Government policy. We are told that the Localism Act 2011 enables local people to decide planning applications—in this case the local authority turned down the planning application—but the Government now want to limit the terms in which judicial review may be brought.

My argument is that there will be serious implications for Government spending on local authority flood defences from the 300 houses being built in Filey. They will affect Filey town council, which has a limited amount of money, and especially North Yorkshire county council. The field on which the 300 houses are being built acted as an area to retain excess water in times of flooding. In 2007, I witnessed how that water had spilled over into Filey school, causing extensive damage, and into another new development on the other side of the field. Where will that water go, and how will the county and the Environment Agency put in any flood defence to keep the school and the other development safe from future flooding? How can a planning decision be overruled by an out-of-town planning inspector when it will have enormous implications for flooding in Filey in the years ahead? That is just one isolated argument.

On flood resilience measures, who has the last word when a kitemarked product is used? In Pickering, a home owner spent £20,000 on installing a flood resilient product—a membrane—only to see in 2007 the water enter just as quickly as if they had not made that investment. Who has the last word in determining whether a product meets the kitemark standard and is indeed flood resilient? If such a product fails, will the Minister’s Department step in, or should the local authority or DEFRA step in when someone has, in good faith, purchased and installed such a product, only to see the water enter just as quickly as before?

I understand that the Minister’s Department also has responsibility for climate change and sustainable development. It was clear during the floods in September that no development should be built close to a watercourse that is liable to flood and could have enormous implications for existing residents. Future developments such as those I referred to in Filey should be carefully monitored. Will the Minister confirm that under the Localism Act 2011 the local planning authority should have the last say in that regard? What work has his Department done on building regulations to ensure that any houses in areas such as Muston road in Filey meet the most stringent criteria, and will he respond to my concern about the planning conflict at the heart of Government policy?

On the Bellwin scheme, will the Minister set out his specific role, and that of his Department in allocating the scheme? May I have a swift reply to enable the county council to prepare to meet a three-month deadline, or might that deadline be removed? Will he confirm that local authorities such as North Yorkshire county council, the police, the fire service, and the national park authorities are eligible for Bellwin reimbursement in the circumstances I set out?

In a written statement, the then Secretary of State for Environment, Food and Rural Affairs said that the Government would

“reimburse local authorities for 100% of their eligible costs above threshold.”— [Official Report, 9 July 2012; Vol. 548, c. 5WS.]

Will the Minister confirm that capital expenditure on roads and bridges and the general clear-up, will qualify as eligible expenditure? How stringently are the eligibility criteria to be interpreted? Hull, Gloucestershire and other authorities have received capital funding under the Bellwin formula in the past, so will he confirm that North Yorkshire county council will also qualify? His ministerial predecessor, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), said that the Bellwin scheme would help councils to clear up streets by removing debris from roads and footpaths, shore up buildings and remove dangerous trees. Has there been a policy change since that statement to the House? Will the Minister confirm that the claims that North Yorkshire country council will make in good faith will be honoured?

This debate is timely. A number of issues remain outstanding from the 2000, 2001 and 2007 floods. With climate change, a massive amount of water can fall in one place over 36 hours, causing extensive damage. My hon. Friend the Member for Skipton and Ripon (Julian Smith) referred to the area we represent and live in, which we like to believe is God’s own county. We have the most extensive road network, and probably more bridges than anywhere else. We owe it to those living in North Yorkshire to make our roads and bridges safe from future floods. The Department for Communities and Local Government has a role to play in increasing flood resilience, ensuring that building regulations are in place, and ensuring that the Bellwin formula serves the purpose for which it was intended.