My Lords, I am pleased to introduce these regulations, which replace the existing flood defence consents scheme with a new scheme under the environmental permitting framework. This debate follows one in the other place and one in the Welsh Assembly earlier this month.
Certain activities in or near watercourses or sea defences can increase flood risk. The Water Resources Act 1991 requires people to seek prior consent before they start such activities on main rivers, to make sure that they are not undertaken in a way that increases flood risk. Main rivers are designated as such due to their higher flood risk, and about 20% of watercourses in England and Wales are designated as main rivers.
The devastating floods we saw this winter demonstrate how important it is that people do not unwittingly increase flood risk to themselves or to others. With no regulation, activities might block or restrict watercourses or the effective operation of the flood plain, leading to flooding of other property that might not have happened otherwise. Equally, flood defence structures might be damaged with the same effect.
Under the current scheme, everyone must submit an individual, detailed application for a bespoke consent whether their proposed activity on a main river has a high or low risk of increasing the risk of flooding. The new flood risk activity permitting scheme introduced by these regulations uses the framework of the environmental permitting regulations to reduce the administrative burdens of applying for a permit. A public consultation on these proposals was held from December 2014 to February 2015, and the proposals were broadly supported. We made a number of improvements as a result of comments made: for example, to include conditions to protect priority river habitats.
The new scheme uses a risk-based and proportionate approach to permitting activities. We will, of course, continue to ensure that flood risk is not increased. High-risk activities will continue to be closely controlled, but activities that cause no increased flood risk to others can be removed from superfluous close scrutiny. As a result, half of all permits that are issued under the current scheme will be eligible for a simpler permit or could be exempt from the need for an application. Under the new scheme the Environment Agency and Natural Resources Wales have used their experience under the current scheme to categorise activities on main rivers into four bands.
4 pm
Bespoke permits will be written specifically for activities which are unique or of higher risk. Half the current consents will need a bespoke permit under the new scheme. For example, building a new weir for a
hydropower scheme or changing the course of a river will require a bespoke permit. Activities needing bespoke permits will be subject to the same close assessment of potential impacts as under the current scheme.
Some 20% of applications will qualify for standard rules permits. These permits are for low-risk activities. Standard requirements and conditions are set out so that applicants can see in advance whether the permit is applicable to their proposals. Standard rules permits are quickly applied for and issued. They are available, for example, for repairing and protecting up to 20 metres of riverbank or for up to 20 metres of temporary scaffolding.
Lower-risk activities are exempt from needing a permit. For these activities the person needs only to register and then follow the conditions set out in these regulations. Some 27 activities have been defined for exemptions; including, for example, putting electric cables under the watercourse and dredging up to 1.5 kilometres. The dredging exemption allows land managers to remove silt from just under a mile of man-made ditches, land drains, agricultural drains and previously straightened watercourses in England. This exemption will make it easier for landowners and others to drain their land and to maintain the flow of water in low-lying areas—an important contribution to lowering local flood risk. We have been engaged with the National Farmers’ Union throughout this process, and have been alerting both national and local stakeholder groups to the new scheme.
The lowest-risk activities are identified as exclusions. So long as people are able to follow the conditions laid down in these regulations, they are able to undertake the activity without any permit or registration. An example of an exclusion is the laying of electrical cables under an existing structure, such as a bridge. Some 30% of current applications will be eligible for an exemption or exclusion. In many situations people will be able to change the way in which they do the work so that they will be able to move from needing a bespoke permit to a standard rules permit or even an exemption or exclusion.
Regulators will be able to issue a single permit for ongoing activities that could typically last up to five years: for example, maintenance of flood defences or other structures. Currently, a separate consent is required each time work is proposed or for a series of structures on a watercourse. People will also be able to apply for a single permit that covers multiple activities on one site, such as a farm.
Another key benefits of using the environmental permitting framework is that applicants will need to make only one application to cover a number of different schemes. They will save the time and cost of putting together the necessary information for an application.
The Government intend to review these regulations in 2019 as part of a more general review into the environmental permitting regulations. In the mean time, we will keep the activities permitted under exemptions, exclusions and standard rules permits under review to make sure that we have the right balance between removing red tape and protecting people and property from flooding.
These are proportionate and important regulations and I commend them to your Lordships.