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	Torbay Council
	Town Hall Castle Circus Torquay TQ1 3DS
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Policy Statement on Flood & Coastal Defence

1. Introduction

Purpose

1.1 This policy statement has been prepared by Torbay Council to provide a public statement of the Council's approach to flood and coastal defence in its area.

Background

1.2 The Department of Environment Food & Rural Affairs (DEFRA) has policy responsibility for flood and coastal defence in England. However, delivery is the responsibility of a number of flood and coastal defence "operating authorities" i.e. the Environment Agency, local authorities and internal drainage boards. Responsibilities differ according to the type of operating authority and Torbay Council's responsibilities are set out in paragraphs 3.1 and 3.2 below.

1.3 The Government has published a policy aim and three objectives for flood and coastal defence. To ensure a more certain delivery of the aim and objectives by the individual operating authorities the Government has published a series of high level targets. The first target requires each operating authority to publish a policy statement setting out their plans for delivering the Government's policy aim and objectives in their area. This will include their assessment of flooding and coastal erosion risk in their area, and the plans for reducing or managing that risk.

1.4 This policy statement fulfils that requirement. Copies are also available from Torbay Council's offices at the Civic Offices, Torquay, TQ1 3DR. We are also providing a copy to:

DEFRA and the Environment Agency.

2. How the Council will deliver the Government's Policy aim and objectives:

2.1 Torbay Council acknowledges and supports the Government's aim and objectives for flood and coastal defence (as set out below). Our policy and approach will be consistent with them, as follows:

Government's policy aim:

To reduce the risk to people and the developed and natural environment from flooding and coastal erosion by encouraging the provision of technically, environmentally and economically sound and sustainable defence measures. Section 3 below sets out our plans for reducing or managing the risk of flooding and coastal erosion risk in the Council's area.

Objective (a):

To encourage the provision of adequate and cost effective flood warning systems.

Provision of flood warning systems is the responsibility of the Environment Agency. However, Torbay Council recognises its related and important role in emergency planning and response. We will therefore:

ensure that our emergency response plans include appropriate arrangements for flooding emergencies and that such plans are reviewed, in consultation with the Environment Agency, at least every two years;
maintain an awareness of the Environment Agency's flood warning dissemination plan for our area and contribute to its implementation as necessary; and
plan an agreed role in any flood warning emergency exercises organised by the Environment Agency covering our area.

Objective (b):

To encourage the provision of adequate, economically, technically and environmentally sound and sustainable flood and coastal defence measures.

Torbay Council will provide an adequate, economically, technically and environmentally sound approach to providing the flood and coastal defence service. We will:

adopt a strategic approach to provision of flood and coastal defences, particularly by assessing any potentially wider effects of proposed defences. To this end we will continue to play a full role in Shoreline Management Plans and Local Environmental Agency Plans, for our area;
aim to provide sustainable flood and coastal defences which provide social and/or economic benefits to people whilst taking account of natural processes and which avoid committing future generations to inappropriate defence options;
ensure work is carried out in accordance with best practice and to deliver best value for money including (a) keeping up-to-date with policy and technical developments in flood and coastal defence, in particular by reference to DEFRA guidance, other Government publications and relevant technical manuals; (b) consulting the Environment Agency on flood defence options to ensure that best practice is adopted and shared; and (c) using appropriately qualified experts to advise on analysis and design of works or programmes of management;
consider alternative approaches to funding, such as Public Private Partnerships;
where appropriate seek contributions from developers or other direct beneficiaries of works, in accordance with Planning Policy Guidance Note 25;
ensure that appropriate maintenance regimes are in place for flood and coastal defences for which the Council takes responsibility;
inform landowners of what responsibilities for maintenance rest with them (see paragraph 3.1 below);
make publicly available the Council's expenditure for flood and coastal defence maintenance and capital works.
play a positive role in fulfilling our statutory and other responsibilities for furthering nature conservation, including achievement of the Government's environmental obligations and targets. In particular we will:
fulfil our responsibilities in relation to nationally and internationally important conservation areas, under the Wildlife and Countryside Act 1981 and as a competent authority under the terms of the Conservation (National Habitats &c.) Regulations 1994.
co-operate with English Nature and the Environment Agency in completing and implementing Coastal Habitat Management Plans (ChaMPs) covering our area, drawing on English Nature/Environment Agency guidance for plan production;
when carrying out flood and coastal defence works, seek opportunities for environmental enhancement, and aim to avoid damage to environmental interest and to ensure no net loss to habitats covered by Biodiversity Action Plans. We will monitor all losses and gains of such habitats as a result of these operations and report on them annually to the Environment Agency; and
ensure that, for those Water Level Management Plans where we are the lead operating authority, we work in partnership with English Nature to complete, implement and review Plans in accordance with DEFRA guidance on plan completion and the timetables set out in DEFRA High Level Targets.

Objective (c):

To discourage inappropriate development in areas at risk from flooding and coastal erosion.

As a local planning authority for our area, Torbay Council will take account of flooding and coastal erosion risks in all matters relating to development control, including development plans and individual planning applications, in accordance with Planning Policy Guidance Notes 20 and 25.

3. Our Assessment of the risk of flooding and coastal erosion in our area and what we will do to reduce or manage that risk:

Flood and coastal defence responsibilities:

3.1 Apart from certain obligations to protect internationally important habitats under the EU Habitats Directive, all flood and coastal defence works are undertaken under permissive powers. This means that operating authorities, such as Torbay Council, are not obliged to carry out flood and coastal defence works. It is also important to note that the Council does not normally accept responsibility for maintenance of flood defences on private land; this is the responsibility of the landowner.

3.2 Torbay Council is the relevant operating authority for:

flood defences on ordinary watercourses which are not within the area of an internal drainage board; and
coast protection (i.e. measures against coastal erosion) on frontages in the authority's ownership.

3.3 The flood and coastal defences that are owned or managed by the Council are detailed in our return for the database which is maintained by the Environment Agency.

3.4 The Environment Agency is the relevant operating authority for flood defences on designated main rivers of which there is one in Torbay. Culverts under roads are generally the responsibility of Torbay Council.

Assessment of flood risk:

3.5 There are 42 km of ordinary watercourses for which Torbay Council is the relevant operating authority. These are all of the watercourses in the Council's area except Galmpton Watercourse (1.5 km) which is classified as a main river and hence the responsibility of the Environment Agency. There is no internal drainage board operating in the Council's area.

3.6 We have agreed with the Environment Agency that within the Council's area there are 19.2 km of "critical ordinary watercourses" (i.e. watercourses which are not classified as "main river" but which the Council has agreed with the Environment Agency to be critical because they have the potential to put at risk from flooding large numbers of people and property).

3.7 Based on historical flooding information, coupled with the Environment Agency's indicative flood plain maps, the Council has carried out an assessment of the risk of flooding from the ordinary watercourses in our area. The main areas at risk of flooding are Victoria Stream, Churston, Occombe Valley, Clennon Valley, Higher Brixham and Yalberton watercourses. The Council is satisfied that there are minimal risks to human life created by these flood risks from ordinary watercourses, but emphasises the need for the Environment Agency's flood warnings to be heeded, where these are provided (see below).

Action to reduce or manage flood risks:

3.8 The main means by which flood risks will be managed is through the Environment Agency's flood warning dissemination plan. This makes arrangements for warnings to be provided within this Council's area. Torbay Council has included plans for responding to both major and minor flooding in its emergency planning procedures and has arrangements for cascading warnings received from the Environment Agency to relevant Council services.

3.9 The Council has a programme in place to inspect the state of:

flood defences (whether or not owned by the Council) on all ordinary watercourses; and
all critical ordinary watercourses and related culverts.

3.10 The Council will ensure that regular maintenance is carried out on the flood defences and channels which we own, or for which we accept responsibility, so that they operate at optimum efficiency. Where the responsibility for maintenance rests with a landowner, we will aim to secure co-operating in ensuring appropriate maintenance takes place, drawing on enforcement powers if necessary.

3.11 The Council's major capital work plan is to carry out flood alleviation works at Higher Brixham Watercourse during 2004/05 (DEFRA funding received) and subject to DEFRA funding being received flood alleviation works will be carried out on the Victoria Stream (Paignton town centre) during 2005/06. In addition to these flood alleviation schemes we are also proposing to carry out remedial works to Goodrington North seawall during 2006/07 subject to DEFRA funding.

3.12 By following Government guidance in Planning Policy Guidance Note 25 on development in flood risk areas, the Council, acting as a local planning authority, will ensure that risks are further minimised. This includes measures for ensuring sustainable urban drainage systems to control surface water run off.

Assessment of coastal erosion risks:

3.13 As identified in the 1998 Shoreline Management Plan, of the 36km of shoreline in the Council's area, 9km is defended against erosion. The remaining 27km frontage consists of natural undefended cliff.

3.14 Risks of erosion of the defended frontages are low. Elsewhere on the undefended coast, erosion rates average 0.2 metres per year (see 1998 SMP for details).

Action to reduce or manage coastal erosion risks:

3.15 The Council operates a programme of routine inspection and maintenance works to the protected frontage. On the undefended length warning notices are maintained in areas of potential danger on both cliff top and beach. Our management regime takes into account the most recent predictions of the impact of climate change as set out in the 1998 SMP.

4. Partnerships & Review of this Policy Statement

4.1 The Council has set out its policy and approach to flood and coastal defence. We recognise the need to work in partnership with central Government and other operating authorities. Our local population also has an important part to play, in recognising the vital importance of watercourses in controlling flood risk and the need to avoid blockages, whether by dumping rubbish or obstructing flows in other ways. We ask members of the public to let us know of any problems which might increase the risk of flooding or coastal erosion.

4.2 Torbay Council intend to review this policy statement in three years' time, when it will be revised and reissued as necessary. Meanwhile, the Council welcomes any comments on the approach and policies set out in this statement.

References

1 Strategy for Flood and Coastal Defence in England and Wales MAFF and Welsh Office September 1993

2 High Level Targets for Flood and Coastal Defence Operating Authorities and Elaboration of the Environment Agency's Flood Defence Supervisory Duty MAFF, November 1999

3 Lyme Bay and South Devon Shoreline Management Plan. June 1998