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.