F1 DEVELOPMENT IN AREAS AT RISK FROM TIDAL FLOODING AND COASTAL
EROSION
Planning permissions for development where there are
risks of storm damage, coastal erosion or flooding from the sea
will be granted only exceptionally and be confined to minor
alterations and small extensions or developments for which such
location is essential for their operation.
In determining development proposals, (including
changes of use), the Planning Authority will have regard to the
degree of risk both now and over the expected lifetime of the
development and to the effect of the proposed development on
coastal processes and the maintenance of coastal
defences.
Planning permission for development in areas of risk
from storm damage, coastal erosion or flooding from the sea will be
granted only where satisfactory risk mitigation measures and
designs form part of the planning application or where they will be
undertaken as a result of planning conditions or the developer
entering an agreement under Section 106 of the Town and Country
Planning Act 1990.
464.
PPG
20 Coastal Planning highlights the issue of safety and indicates
that further development along the coast should not be put at risk
from flooding or from erosion by the sea or from landslips and that
some uses are not appropriate for coastal locations.
Responsibilities for managing coastal risk are complex and involve
local authorities as Maritime District Councils and Coast
Protection Authorities and the Environment Agency. Shoreline
Management Plans set out strategic guidance for the management of
the shoreline and the East Solent Management Plan provides the
shoreline management strategy relevant to Havant Borough. Policy F1
seeks to restrict new development in areas at risk from coastal
processes so as to minimise risk to people and property, avoid
increasing costs to the emergency services and retain the ability
to implement shoreline management options.
465. The Proposals Map defines an Erosion Risk Area, which is
derived from coastal studies, including information contained in
the East Solent Shoreline Management Plan. Responsibility for
safeguarding people and property from coastal risk in such areas
rests with the landowner, who should seek the advice of the
Council's coastal engineers regarding development proposals in this
area. When submitting a planning proposal in the Erosion Risk Area,
the developer will be required to demonstrate how these coastal
risks have been addressed. The Planning Authority will seek the
advice of the Borough Council as Coast Protection Authority and
will refuse development that would undermine the implementation of
the shoreline management options in the East Solent Shoreline
Management Plan.
466. National guidance specifically on planning for tidal and
fluvial (river) flood risk is contained in
PPG25 Development and Flood
Risk which states that precautionary principles should be followed
in the determination of any planning application by the use of a
sequential test founded on risk based criteria. The Proposals Map
identifies a Flood Plain Area derived from the Environment Agency's
indicative flood plain map (2005). This indicates the flood risk
areas by defining the flood plains associated with the coast and
also with watercourses designated as 'main rivers'. Information
contained on the Environment Agency’s Indicative Flood Plain Maps
is constantly being updated and refined by them. The Planning
Authority will seek the advice of the Environment Agency on
planning applications in areas at risk from coastal flooding as
indicated by the coastal element of the Flood Plain Area (including
in the Harbours). Their advice may mean that planning permission is
refused. Developers should thus seek the advice of the Environment
Agency for planning proposals, which appear to be at risk of tidal
inundation as shown on the Proposals Map. When submitting an
application in such an area, the developer should demonstrate how
flood issues have been addressed. This will require the developer
to undertake a Flood Risk Assessment in accordance with
PPG25. Where
additional coastal defences are required, the cost of these shall
be met fully by the developer.
467. The Council accepts that some redevelopment and changes
of use in the coastal area can be justified, particularly as some
sites within and outside the built- up area are already developed,
for example, the holiday camps on Hayling Island, and that
applications may come forward during the Plan period. Redevelopment
for appropriate uses may be allowed subject to the level of risk,
the other policies in the Plan (especially those in the
Countryside, Nature Conservation and Landscape chapters), and the
shoreline management strategy. Permanent and temporary residential
developments including caravan and camping sites will not be
permitted where lives could be put at risk.
PPG25 identifies classes of
development, which may be acceptable in areas at risk of flooding,
but developers should seek the Environment Agency's advice at an
early stage. The Agency's advice may mean that proposals are not
feasible because of the extra construction and flood defence costs,
which will have to be borne in full by the developer.
F2 DEVELOPMENT IN FLUVIAL (RIVER AND
WATERCOURSE) FLOOD PLAINS OR AT OTHER RISK FROM FLOODING
Planning permission for
development or change of use will be permitted provided all the
following criteria are met:
(i) it would not itself be at
risk from flooding, which would result in a danger to life or
damage to property;
(ii) it will not result in
additional flood risk elsewhere or prejudice the maintenance of
existing flood defences;
(iii) in already developed
floodplains, an adequate level of flood defence already exists
along with suitable warning and evacuation procedures in place, and
buildings are designed to resist flooding e.g. to specific slab
levels, and
(iv) appropriate measures are
taken to ensure that runoff from the site will not result in any
increase in flood risk or environmental damage.
Development which will
materially increase the discharge of surface water into a
watercourse will be refused unless adequate storage capacity exists
within the existing flood plains or additional storage can be
provided to ensure the safety of properties
downstream.
Planning permission for
development in areas of risk from fluvial flooding will be granted
only where satisfactory risk mitigation measures and design form
part of the planning application or where they will be undertaken
as a result of planning conditions or the developer entering an
agreement under Section 106 of the Town and Country Planning Act
1990.
468.
PPG25 Development and Flood
Risk indicates that precautionary principles should be followed in
the determination of any planning application by the use of a
sequential test founded on risk based criteria. It contains a
presumption against certain types of development within the
indicative flood plains, while identifying other classes of
development that may be acceptable in areas of higher risk of
flooding and generally precluding built development in functional
flood plains. Policy F2 seeks to restrict development which would
be at risk from, or increase the risk of river flooding so as to
minimise hazards to life and property, minimise the cost of
protection by the emergency services and ensure that major new
flood defence infrastructure is not required.
469. The Proposal Map indicates the
areas of flood risk as the Flood Plain Area. This was derived from
the Environment Agency's Indicative Flood Plain Map of 2005, which
depicts the area of the flood plains associated with the coast and
with watercourses designated as "main rivers". The extent of these
'main rivers', parts of the River Ems, Lavant, Hermitage,
Wallington and the Lymbourne Stream is stated in the Council's
Policy Statement on Flood and Coastal. Information contained on the
Environment Agency's Indicative Flood Plain maps is constantly
being updated and refined by them. The Council will seek the advice
of the Agency on planning applications located within or adjacent
to the Flood Plain Area and/or areas where the Environment Agency
knows previous flooding has occurred. The Agency's advice may mean
that planning permission is refused.
470. The Borough Council, as the
competent land drainage authority for non-main (i.e. 'ordinary')
rivers, under the Land Drainage Acts 1991 & 1994, is aware that
there are other watercourses, besides the 'main rivers', for which
records of flooding exist. These are defined and identified as
'critical ordinary watercourses' in the Council's Policy Statement
on Flood and Coastal Defence. Areas adjacent to these which flood
are shown on the Proposals Map as Non-main River Flood Plain Area.
Policy F2 will also apply in these areas. In the submission of a
planning application affecting any of these watercourses, the
developer would be required to define the extent of the flood plain
by means of both catchment and topographic studies. The Planning
Authority will seek the advice of the Borough's Land Drainage
Section on such planning applications. Their advice may mean that
planning permission is refused.
471. Responsibility for safeguarding
people and property from flood hazard is the responsibility of the
owner. Hence, developers should seek the advice of the Council
and/or Environment Agency for any development proposal that appears
to be located within the Flood Plain Areas indicated on the
Proposals Map. Applications for development proposals in such an
area should be accompanied by a Flood Risk Assessment (see
PPG25),
demonstrating how flood issues have been addressed. In some
circumstances, developers may be required to contribute to, or
fully fund, the costs of a catchment study to determine the effect
of the proposal on the hydrology of the catchment area.
472. Development of greenfield sites
will normally result in increased areas of impervious material
being provided. When storms occur, this may result in a sudden
discharge of rainwater into the watercourse. If the watercourse
does not have sufficient storage capacity, serious flooding can
result. If adequate capacity to store rainwater does not exist, or
does exist but cannot be protected in future, the development must
include on-site storage to allow the gradual discharge of the storm
water to the river system. All new developments should reflect best
practice in current drainage standards and it would be expected to
incorporate an appropriately designed Sustainable Drainage System
(
SuDS).
473. Proposals to culvert rivers,
streams and ditches will not usually be acceptable because they
increase the likelihood of flooding. Where a crossing of a
watercourse is required, this should be achieved by means of a
clear span structure. Where a development proposal affects a
currently culverted watercourse, the developer will be expected to
investigate and, wherever possible, achieve a solution whereby the
watercourse is removed from its culvert and reinstated to open
channel.
F3 FLOOD DEFENCE AND COAST PROTECTION WORKS
New and replacement flood defence and coast protection
works will be permitted only if all the following criteria
apply:
(i) they are not obtrusive or damaging to the coast
landscape;
(ii) features of nature conservation and
archaeological significance are protected;
(iii) they do not disrupt coastal and river processes
so that people and property or land designated for its wildlife
quality or archaeology is put at risk from flooding and erosion;
and
(iv) they are consistent with the Shoreline Management
Plan and associated Strategy Plans.
Where these requirements cannot be met as part of the
planning proposal or as a planning condition it will be necessary
to seek from the developer an agreement under Section 106 of the
Town and Country Planning Act 1990.
474. Flood defences and coast protection works safeguard
property from damage from the sea and from fluvial (watercourse)
flooding. Chichester Harbour is an Area of Outstanding Natural
Beauty (
AONB) and other
areas of the Borough have been identified as having particular
landscape character. The landscape quality of these areas is to be
protected. For these reasons, flood defences and coast protection
works should not be alien to their surroundings and the siting,
design and materials should be appropriate to the locality. Both of
the Harbours are protected because of their international nature
conservation importance. Nature conservation Policy NC3 and the
Habitat Regulations apply to flood and coast protection works, as
to other developments. Other areas of the Borough have been
identified as having national or local nature conservation quality.
Flood defences and coast protection works should not adversely
affect this quality.
475. Flood defences and coast protection works, by their
nature, alter the natural river and coastal processes. Their
disruption is not considered appropriate unless people or
properties are at risk from flooding or erosion. Adverse effects
may be felt at some considerable distance from the works undertaken
and may impact on the natural or the built environment or both.
Developers should take these impacts into account when considering
proposals for flood defence and coast protection schemes. The East
Solent Shoreline Management Plan sets out the policy for managing
the shoreline including that for Havant Borough. Strategy Plans
indicate how these policies will be implemented. The Council will
not permit flood and coast protection works that conflict with
these policies or reduce the future options of operating
authorities managing the shoreline.
476. The Government has directed that each operating authority
publish a policy statement setting out how Government policy aims
and objectives on Flood and Coastal Defence (sea defence and coast
protection) are to be implemented in their area. The Borough has
published a policy statement that fulfils this aim: Policy
Statement on Flood and Coastal Defence.