PPG 25: Development and flood risk, which was published in July 2001, gives guidance as to how flood risks should be considered at all stages of the planning process, in order to reduce damage to property and to prevent loss of life. It makes it clear that the potential for flooding is a material planning consideration, with the Environment Agency playing a leading role in providing advice, both at strategic level and in respect of planning applications. The guidance also requires development plan policies to outline the considerations to be given to flooding issues and obliges planning authorities to apply a precautionary principle to the issue of flood risk, including a risk-based search sequence.
Generally, the profile of flood-risk management has been raised in the planning process, but some developments are receiving planning permission against the agency’s advice.
The Government wishes to rectify this. It has announced that it will strengthen planning policy on flood risk by issuing a revised planning policy statement – PPS 25 – for consultation later this year. This is likely to include a provision requiring applications for major developments in flood-risk areas, which local authorities want to approve against the agency’s advice, to be referred to the secretary of state. In addition, the government is considering making the agency a statutory consultee in respect of planning applications in areas of flood risk and will require flood-risk assessments to be prepared at all levels of the planning process. Such assessments will have to address climate change and its potential effects. Planning policies relating to flood risk will also need to be included in regional spatial strategies and local development frameworks.
The government has extensive plans for new housing, many of which will depend upon the management of flood risks and the availability of property insurance.
Gill Castorina is an associate at Paul, Hastings, Janofsky & Walker (Europe) LLP
PPG 25: Development and flood risk, which was published in July 2001, gives guidance as to how flood risks should be considered at all stages of the planning process, in order to reduce damage to property and to prevent loss of life. It makes it clear that the potential for flooding is a material planning consideration, with the Environment Agency playing a leading role in providing advice, both at strategic level and in respect of planning applications. The guidance also requires development plan policies to outline the considerations to be given to flooding issues and obliges planning authorities to apply a precautionary principle to the issue of flood risk, including a risk-based search sequence.
Generally, the profile of flood-risk management has been raised in the planning process, but some developments are receiving planning permission against the agency’s advice.
The Government wishes to rectify this. It has announced that it will strengthen planning policy on flood risk by issuing a revised planning policy statement – PPS 25 – for consultation later this year. This is likely to include a provision requiring applications for major developments in flood-risk areas, which local authorities want to approve against the agency’s advice, to be referred to the secretary of state. In addition, the government is considering making the agency a statutory consultee in respect of planning applications in areas of flood risk and will require flood-risk assessments to be prepared at all levels of the planning process. Such assessments will have to address climate change and its potential effects. Planning policies relating to flood risk will also need to be included in regional spatial strategies and local development frameworks.
The government has extensive plans for new housing, many of which will depend upon the management of flood risks and the availability of property insurance.
Gill Castorina is an associate at Paul, Hastings, Janofsky & Walker (Europe) LLP
