The Department for Environment Food and Rural Affairs has today announced that the government will immediately accept 12 recommendations from an independent review into responsibilities around surface water flooding.

The review of the arrangements for determining responsibility for surface water and drainage assets was commissioned in October 2019 and was conducted by David Jenkins, Chair of the Wessex Regional Flood and Coastal Committee

While the review will now be considered in full by ministers, the government is immediately accepting 12 of the recommendations and taking immediate action to implement them.

Surface water flooding generally occurs after heavy thunderstorms or rainfall when the volume of rainwater is such that it does not drain away or soak into the ground - more than 3 million properties in England are at risk of surface water flooding which can cause devastation to communities. Due to the localised nature of such heavy rain, it can also be very difficult to predict.

The review has provided recommendations on how to make the arrangements for the management of surface water and drainage assets more efficient, straightforward and effective.

Rebecca Pow, Environment Minister, said:

“As our climate changes and we experience more frequent short bouts of heavy rainfall in future, it’s important that government, local authorities, other public bodies, private businesses and individuals can all work together effectively to tackle the threat of surface water flooding.

“The government is already taking action through our Surface Water Management Action Plan and aspects of our long-term flood policy statement, but David Jenkins’ review provides important recommendations on how we can make further improvements into the future.”

David Jenkins commented:

“This review has highlighted a number of ways in which the risks from surface water flooding may be more effectively managed, so that homes and businesses may be better prepared and protected.

“I am pleased to learn that the government is taking immediate action to address some of my recommendations, including making responsibilities clearer and ensuring a more joined up approach across the country, and that it is giving further consideration to the rest.

“As the review points out, clarity as to who is responsible for constructing and maintaining drainage systems is crucial in managing surface water flood risk. The review provides a range of recommendations to strengthen action across a range of areas to tackle surface water flood risk.”

This includes recommendations which aim to improve clarity over roles and responsibilities, ensure flood investigation reports take into account the views of residents and businesses and that lessons learned are shared widely. It also recommends that better advice is made available to homes and businesses at risk of surface water flooding to help them improve their own protection and resilience.

Following on from the review the government will:

• support Local Planning Authorities’ in receiving and understanding the appropriate expert advice on all sources of flood risk – including surface water - so that they can make the right decisions
• review statutory powers and responsibilities to ensure proper inspection and maintenance of privately owned flood assets
• ensure guidance is made available for local authorities investigating flooding, including better engagement with affected communities
• ensure a long-term approach to maintain the network of flood defences across the country, through a combination of investment and action by risk management authorities, government, riparian owners and wider beneficiaries
• assess whether updating the non-statutory technical standards for sustainable drainage systems could help provide for multi-functional benefit sustainable drainage systems and how the findings of research could inform future approaches to boost uptake of effective sustainable drainage systems and support the aims of the National Planning Policy Framework
• ensure guidance is made available for lead local flood authorities on maintaining a register of structures which have an effect on flood risk, helping to ensure a common and comprehensive approach to inspection and maintenance.

Case should be re-examined to set national standards for the implementation of sustainable drainage for managing rainwater

However, no reference has been made to whether the Government will implement Schedule 3 to the Flood and Water Management Act 2010 provides for the Minister to publish national standards for the implementation of sustainable drainage for managing rainwater.

David Jenkins has recommended that the case be re-examined for bringing into effect Schedule 3 of the Flood and Water Management Act of 2010, or some equivalent mandatory arrangements.

Commenting on the Schedule in the Review, which has not yet been brought into effect in England, David Jenkins said:

“I have found that it is not possible to go far into a conversation about surface water flooding before someone brings up the issue of Schedule 3 to the Flood and Water Management Act 2010. This Schedule… provides that construction work which has drainage implications may not be begun unless a drainage system for the work has been agreed by the “approving body” – the county or unitary authority for the area – which, once the system is properly constructed, will become responsible for its maintenance.

“Defra officials have told me that, after consultation on the implementation of the Schedule, the government have taken an alternative approach to the delivery and maintenance of effective sustainable drainage systems, through changes to the planning regime.

“ I have drawn attention in this report to a widely and strongly held view among flood risk management practitioners and many of the organisations who have made submissions to me that the present approach is not working.”

Click here to download Report of a review of the arrangements for determining responsibility for surface water and drainage assets