Source · Select Committees · Public Accounts Committee
Recommendation 12
12
Accepted
Environment Agency lacks power to prevent building on flood plains without mitigation.
Conclusion
We have reported previously on the government’s current strategy not to build houses on flood plains unless there was no alternative and that any development on flood plains should not increase the risk of flooding.19 The Agency is a statutory consultee on planning applications that may increase flood risk.20 However, it does not have powers in the planning process to prevent building on flood plains without mitigation.21
Government Response Summary
The government acknowledges the committee's observation about building on floodplains, affirming that its policy avoids inappropriate development and noting the high compliance with Agency advice. It also highlights the DLUHC's role in enforcement, new measures from the Levelling Up and Regeneration Act 2023, and a commitment to review flood risk planning policy.
Government Response
Accepted
HM Government
Accepted
7.1 The government agrees with the Committee’s recommendation. Recommendation implemented 7.2 The Agency is a statutory consultee on flood risk matters. In the vast majority of cases, Agency flood risk advice is followed by Local Planning Authorities (LPAs) when determining planning applications. Between April 2022 and March 2023, 96.3% of all planning decisions were in line with Agency advice on flood risk. This increases further when considering planning applications for new homes where 99.3% of applications complied with advice on flood risk. 7.3 DLUHC has responsibility for setting national policy on planning, compliance and enforcement. DLUHC has given LPAs a wide range of enforcement powers with strong penalties for non-compliance. However, it is the role of LPAs and not the Agency to decide what, if any, action to take depending on the particular circumstances of each case. DLUHC has also introduced a new package of enforcement measures through the Levelling Up and Regeneration Act, which will be implemented in due course. This includes extending the time limits to take enforcement action, increasing maximum fines and reducing loopholes to appeal against enforcement action. 7.4 In July 2023, government launched the £29 million Planning Skills Delivery Fund to help LPAs clear planning backlogs and get the skills in place that they need to respond to changes in the planning system. The wider Planning Capacity and Capability programme is also providing around £3 million in funding to support the pipeline into the profession across England. 7.5 In December 2023, the government increased planning fees by 35% for major applications and 25% for other applications. The government made clear that it expected LPAs to invest the additional income received from the fee increase into their planning services. 7b. PAC recommendation: The Department should write to us within 12 months to inform the committee of progress on plans to reduce development in areas of flood risk without adequate mitigations. 7.6 The government agrees with the Committee’s recommendation. Target implementation date: January 2025 7.7 The government’s National Planning Policy Framework (NPPF) is clear that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, including floodplains. Where development needs to be in locations where there is a risk of flooding as alternative sites are not available, local planning authorities and developers should ensure development is appropriately flood resilient and resistant, safe for its users for the development’s lifetime, and will not increase flood risk elsewhere. 7.8 As a result of the Levelling Up and Regeneration Act 2023, work is also underway to elevate the legal status of national planning policies on flood risk through the introduction of National Development Management Policies. The government has committed to keep flood risk and planning policy under review to ensure it is sufficiently robust to keep future development safe from floods and to not increase risk elsewhere.