Surface water management planning: guidance (2013)

Appendix 2 - Roles and responsibilities in relation to surface water flooding

Further information on the main roles and responsibilities in relation to drainage and surface water flooding are given below. Please note that this list is not exhaustive, and is provided for information purposes.

Local authorities

Flood Risk Management (Scotland) Act 2009

• Section 56 gives local authorities general powers to manage flood risk (from all sources including surface water flooding) in their area, including implementation of measures described in the local flood risk management plans, carry out flood protection schemes or any other flood protection work. It should be noted the definition of flooding under the FRM Act does not include flooding solely from a sewerage system. Flooding solely from a sewerage system includes flooding from the sewerage system under usual rainfall events, under which circumstances Scottish Water have duties to manage. It should be noted that in reality surface water flooding is often a complex interaction of flooding from many different sources and requires close partnership working to address. Many of the measures identified through the SWMP process can help manage surface water flooding and flooding solely from a sewerage system.
• Section 17 and 18 require local authorities to map bodies of water and SUDS, assess bodies of water and prepare a schedule of clearance and repair works.
• Section 59 requires local authorities to carry out the clearance and repair works described in the schedule in specific circumstances.
• Section 1 requires all responsible authorities (including local authorities) when exercising their flood risk related functions to manage flood risk in a sustainable way and to cooperate with all responsible authorities.
• Section 41 requires all public bodies and office-holder to have regard to flood risk management plans and local flood risk management plans, which will include consideration of surface water flooding, when exercising functions that affect a flood risk district.

Roads (Scotland) Act 1984

• The Roads Authority (including local authorities) has a duty in terms of the Roads (Scotland) Act 1984 to provide drainage of public roads (for normal circumstances) and for road safety which may only involve signing and diversion of traffic in the event of flooding.
• Section 31 provides powers to the roads authority to drain a public road or proposed public road or of otherwise prevent surface water from flowing onto it.
• Section 99 allows roads authorities to carry out works to prevent flows of water onto roads, where the owner or occupier of any land has failed to prevent the flow of water or of filth, dirt or other offensive matter from, or any percolation of water through, the land onto the road.
• Section 21 refers to the requirement of consent for new roads built other than by roads authority. Where a developer is seeking to submit a new road to be adopted by the Roads Authority it is necessary for the layout and construction of roads, including road and surface water drainage to satisfy the current design standards.

Sewerage (Scotland) Act 1968

• Section 7 allows roads authorities (including local authorities) and Scottish Water to enter into agreements as to the provision, management, maintenance or use of their sewers or drains for the conveyance of water from the surface of a road or surface water from premises.

Town and Country Planning (Scotland) Act 1997

• Gives planning authorities (including local authorities) the powers to grant or refuse planning applications.

Planning etc. (Scotland) Act 2006

• Part 2 requires the planning authority to exercise the planning function with the objective of contributing to sustainable development.
• Part 2 states that, a strategic development plan should set out the infrastructure of that area (including communications, transport and drainage system and systems for the supply of water and energy).
• Part 2 states that where land is not within a strategic development plan area, a local development plan should set out the infrastructure of that area (including communications, transport and drainage system and systems for the supply of water and energy).

Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008

• Regulation 25 and Schedule 5 requires that planning authorities must consult with SEPA where the development is likely to result in a material increase in the number of buildings at risk of being damaged by flooding. Planning authorities must take SEPA's advice into account alongside the development plan and other material considerations in the determination of planning applications involving flood risk.
• Requires key agencies, including SEPA, to co-operate with strategic development plan authorities and planning authorities during the compilation of main issues reports, the preparation of proposed strategic development plans and local development plans, and the preparation of action programmes and proposed action programmes.

The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011

• These regulations came into force on 1 April 2011. They amend The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 to include reference to flood risk management plans and local flood risk management plans. Planning authorities, when preparing strategic development plans and local development plans, must have regard to any approved flood risk management plan or finalised local flood risk management plan relating to the strategic development plan and local development plan area.

The Town and Country Planning (Notification of Applications) (Scotland) Direction 2009

• Requires planning authorities to notify Scottish Ministers of any application where SEPA has advised against the granting of planning permission or has recommended conditions relating to flood risk which the planning authority do not propose to attach to the planning permission.

Coastal Protection Act 1949

• Section 4 allows the competent authority to carry out coastal protection works to protect land from coastal erosion and regulate works carried out by others within their authoritative boundary.

Civil Contingencies Act 2004

• Local authorities are a Category 1 responder under this Act.
• Part 3 places duties on Category 1 responders to assess risk of emergency occurring including surface water flooding
• Part 4 requires Category 1 responders to maintain plans, including a duty to maintain arrangements to warn, inform and advise the public in the event of an emergency under Section 14.
• Such assessments and plans are to provide a framework of contingency measures for the co-ordination and flexible response by the council and partner agencies to mitigate the effects of flooding emergencies, including surface water flooding

Water Environment and Water Services (Scotland) Act 2003

• Section 16 requires every public body and office-holder including the local authorities, in exercising any functions to have regard to the River Basin Management Plan.

Building (Scotland) Act 2003

• Section 8 refers to issuing of Building Warrants for construction work and Part 3 cover compliance and enforcement.
• Mandatory Building Standard 3.6, which is subject to review as part of local authorities issuing Building Warrants, requires every building , and hard surface within the curtilage of a building, to be designed and constructed with a surface water drainage system that will:
  • ensure the disposal of surface water without threatening the building and the health and safety of the people in and around the building; and
  • have facilities for the separation and removal of silt, grit and pollutants
• The approach to the disposal of surface water from buildings and hard surfaces clearly needs to be considered at the earliest stage in the design and development process

Lead local authority

In addition to the powers described above for local authorities, lead local authorities have additional responsibilities.

Flood Risk Management (Scotland) Act 2009

• Section 34 requires lead local authorities to prepare a local flood risk management plan
• Sections 37 & 38 require the lead local authority to review the plan and report on progress made towards implementing the measures identified.

Scottish Water

Flood Risk Management (Scotland) Act 2009

• Section 16 requires Scottish Water to assess flood risk from sewerage systems
• Section 1 requires all responsible authorities (including local authorities) when exercising their flood risk related functions to manage flood risk in a sustainable way and to cooperate with all responsible authorities.
• Section 41 requires The Scottish Ministers and every public body and office-holder to have regard to flood risk management plans and local flood risk management plans, which will include consideration of surface water flooding.

Sewerage (Scotland) Act 1968

• S1 - S8 Scottish Water must design and fully maintain public sewers to ensure they remain capable of effectively draining surface water.
• S12 Right for SW to refuse permission or impose conditions for a private owner to connect with and drain into public sewers
• S21 SW must vet building applications and should ensure that no building which could interfere with or obstruct a sewer is constructed over it.
• Other sections (as amended by Water Environment and Water Services Act 2003 and Schedule 3) provide SW with responsibility to maintain for SUDS, which are defined as facilities that attenuate, settle or treat surface water from 2 or more premises (whether or not together with road water), and where designed and completed to a required standard.
• Section 7 allows roads authorities and Scottish Water to enter into agreements as to the provision, management, maintenance or use of their sewers or drains for the conveyance of water from the surface of a road or surface water from premises.

Water Industry (Scotland) Act 2002

• S50 Scottish Water must, in exercising its functions, seek to ensure that its resources are used economically, efficiently and effectively
• S51 SW are compelled to act in a way that will contribute to the achievement of sustainable development
• S53 SW must have regard to protecting cultural heritage, natural beauty/flora/fauna and geological sites of special interest.
• S54 SW must consult SNH and NPAs when it will carry out works that could affect designated sites or NPA land.

Water Environment and Water Services (Scotland) Act 2003

• Section 16 requires every public body and office-holder including Scottish Water, in exercising any functions to have regard to the River Basin Management Plan.

SEPA

Flood Risk Management (Scotland) Act 2009

• Section 9 requires SEPA to produce the National Flood Risk assessment
• Section 13 requires SEPA to identify Potentially Vulnerable Areas
• Section 19 requires SEPA to map artificial structures and natural features
• Section 20 requires SEPA to assess the potential for Natural Flood Management
• Section 21 requires SEPA to prepare flood hazard and risk maps for PVAs
• Section 27 requires SEPA to prepare flood risk management strategies
• Section 72 requires SEPA provide advice on flood risk to the planning authority when requested
• Section 74 requires SEPA to make available flood warnings

Planning etc. (Scotland) Act 2006

• Gives SEPA (as a key agency) the duty to co-operate in the preparation of development plans.

Water Environment and Water Services (Scotland) Act 2003

• Section 10 requires SEPA to prepare River Basin Management Plans
• Section 9 requires SEPA to set objectives for the quality of the water environment and identify measures to achieve those objectives

Civil Contingencies Act 2004

• SEPA is a category 1 responder under this Act

Transport Scotland

Roads (Scotland) Act 1984

• Adequate drainage of all trunk roads

Sewerage (Scotland) Act 1968

• Section 7 allows roads authorities (including Transport Scotland) and Scottish Water to enter into agreements as to the provision, management, maintenance or use of their sewers or drains for the conveyance of water from the surface of a road or surface water from premises.

Police

Civil Contingencies Act 2004

• Are a Category 1 responder under this Act and provide emergency services co-ordination. Emergency services co-ordination in the event of flood.

The Fire and Rescue Service

Civil Contingencies Act 2004

• Are a Category 1 responder under this Act and have a duty to save lives in the event of serious flooding which is likely to cause one or more individuals to die, be seriously injured or become seriously ill.

Public and communities

• It should also be remembered that we are all responsible for protecting ourselves and our property from flooding. This means the public and communities taking action to help minimise flood damage to land or property. The public has an important role in sharing local knowledge and engaging in flood protection actions for their areas.