Building on the floodplain requires design teams with experience in dealing with statutory authorities. We have highlighted the key players and steps required to make sure your development gets planning approval.    

There are 3 main players in the planning decision on flood risk. The Developer, the local planning authority (LPA) and the Environment Agency.

The Developer

The role of the applicant or the developer is a provide the relevant flood risk documentation in accordance with the  National Planning Policy Framework (NPPF) through a Site Specific Flood Risk Assessment. Check out this blog if you need a Site Specific Flood Risk Assessment!.

The Local Planning Authority

The role of the LPA is to ensure that the development is compliant with the National Planning Policy Framework (NPPF). This is usually demonstrated through a Site Specific Flood Risk Assessment which clearly shows the application of the Sequential Test and if required the Exception Test.  In general, the Site Specific Flood Risk Assessment should demonstrate that (as defined in NPPF, para 103):

• within the site, the most vulnerable development is located in areas of lowest flood risk unless there are overriding reasons to prefer a different location; and

• development is flood resilient and resistant, including safe access and escape routes where required, and that any residual risk can be safely managed, including by emergency planning; and it gives priority to the use of sustainable drainage systems.

The NPPF makes clear when a site specific flood risk assessment is required. See our blog here for more details.

The planning decision of the LPA takes into account material considerations such the strategic flood risk assessment (in the region/area), the site specific Flood Risk Assessment before reaching any decision.

The local planning authorities also have statutory requirements to consult the following bodies before granting planning permission:

• The Environment Agency: The LPAs consult the EA in all planning applications. There are only exceptions when developments are less than 1Ha within zone 1 and outside of areas with critical drainage problems.

• The Lead Local Flood Authority: The LPAs consults the LLFA for advice on surface water drainage when considering major developments or if it is considered that it would be beneficial to get advice.

The Environment Agency

The Environment Agency plays a fundamental role in the assessment of development and their flood risk. The Local Planning Authorities have followed the Environment Agency advice, over 99 percent of proposed new homes had planning outcomes in line with Environment Agency advice.

The Environment Agency advice relates mostly to flood risk issues that have been refused by the LPA or found to be acceptable following submission of additional information such as a suitable Flood Risk Assessment or redesigns to make the development more flood resilient.

It is paramount that the Environment Agency is consulted in advance of a planning application. See our blog for more details on the role of the Environment Agency in your development.