Policy Flashcards
(36 cards)
What imminent changes to your sector has the potential to change your work?
1) Implementation of Schedule 3 of the FWMA in England.
2) Release of NaFRA 2.
The project includes substantial national-scale flood modelling, spanning scenarios for different flood defence states, breach modelling, blockage and climate change. This will also provide more credible local data and will help the EA to produce a more comprehensive picture of risk.
Potential for this to improve the Flood Map for Planning and the EA’s long term flood risk maps (RoFSW).
Looking to be ready with national data products in Spring 2024.
What is Schedule 3?
In January 2023 the UK Government announced that Schedule 3 of the FWMA will be enacted in England as written.
This would result in LLFAs becoming SABs, who would be responsible for approving and adopting drainage systems on new developments, subject to the application of national standards. The process would be seperate to the planning process and SAB approval would be required prior to development commencing onsite.
Removes the automatic right to connect.
What are the pros and cons of the enactment of Schedule 3?
+ introduction of national drainage designs statutory standards: runoff destination, everyday rainfall, extreme rainfall, water quality, amenity, biodiversity.
+ sites as little as 100m2 in size will need to be considered
- LLFAs feel they are currently not well placed to take on this additional role (training and capacity)
How does the NPPF and PPG relate to your work?
SFRA:
- The NPPF and PPG set out the active role LPAs should take to ensure that flood risk is understood and managed effectively and sustainably throughout all stages of the planning process.
- NPPF outlines that Local Plans should be supported by a SFRA and LPAs should use the findings to inform strategic land use planning.
FRA:
- Advises how to take account of an address the risks associated with flooding and coastal change in the planning process.
Provides guidance on:
- how flood risk should be assessed on a site scale
- the application of the Sequential and Exception Tests
- Sequential approach to development
- Required flood risk mitigation and flood response procedures
What is the FWMA?
Provides an improved and effective method of managing flood risk across England and Wales.
Defines roles and responsibilities of RMAs in England and Wales, the bodies who manage flood risk from different sources: EA, LLFAs, District Councils, IDBs, Water Companies, Highways Authorities).
What is the Habitat Regulations?
Establish protections for sites in England that are important for nature or for protecting threatened habitats and species. The Regs require public bodies, including LPAs, to assess the environmental impact of plans and projects on these sites.
LPAs should only consent to developments that will not adversely effect a protected site, to ensure any adverse effects are mitigated. They must seek advice from NE, the governmental body which is responsible for protecting England’s natural environment.
What is water neutrality?
In Sept 2021, NE issued a Position Statement to Council’s as they has collected information that indicated that water abstraction in the Sussex North Supply Zone was having a negative impact on protected wildlife sites in the Arun Valley.
They have advised that any new development that takes place must not add to this negative impact. One way of preventing impact is to ensure that all new development is water neutral.
What have been the recent nutrient neutrality developments?
Nutrient neutrality requires new housing developments in certain areas should not add more nutrient pollution to the catchment. It applies only to new housing developments in areas with protected habitats sites that are already in unfavourable condition.
In Aug 2023, the Government announced it would make changes to the Habitats Regulations, which underpin nutrient neutrality rules. The Government tabled an amendment to the Levelling Up & Regeneration Bull which would have required LPAs to assume that nutrients in wastewater from new developments would not adversely affect protected habitats sites.
The amendment was defeated in the HoL and not added to the Bill. However, newspapers have since reported that the Government is drawing up plans for a new bill to do the same.
What is the upcoming news relating to the Flood Risk Regulations?
The Flood Risk Regulations will be revoked at the end of the year
- Not too surprising as its EU driven legislation that is superseded by the FWMA. Overall a positive change and should cut down on the amount of redundant policy documents e.g. PFRAs, FRMPs.
- Regulations mean that designations of high risk (sw) areas - although these areas didn’t mean much for planning. These will no longer be a thing, unless they’ve been transposed or captured within a SWMP
What is BNG?
Biodiversity net gain (BNG) is a strategy to develop land and contribute to the recovery of nature. It is a way of making sure the habitat for wildlife is in a better state than it was before development.
The requirement is enforced by the Environment Act, which introduced an automatic new condition to every planning permission granted: a biodiversity net gain (BNG) of 10%. This will become mandatory in January 2024.
What are the challenges of BNG implementation?
- Availability of land to deliver BNG
- Availability of third party BNG credits
- BNG requirements may impact the overall viability of the site
- Long-term management
What is the Environment Act?
The Environment Act (2021) acts as the UK’s new framework of environmental protection. Once the UK left the EU, rules on nature protection, water quality, clean air and other environmental protections that originally came from Brussels were at risk. This Act is intended to fill the gap.
The Act also established a new environmental watchdog, the Office for Environmental Protection (OEP), which will hold the Government and other public bodies to account, and ensure that environmental laws are complied with.
The Act sets clear statutory targets for four priority areas: water, air quality, waste, biodiversity.
What did the Environment Act (2021) say on water?
- Each sewerage undertaker must prepare, publish and maintain a drainage and sewerage management plan (DWMP). A plan for how the sewerage undertaker will manage and develop its drainage system and sewerage system so as to be able, and continue to be able, to meet its obligations
- The Secretary of State must prepare a Storm overflow discharge reduction plan to reduce discharges from storm overflows and reduce the adverse impacts of those discharges. Increased reporting on storm overflow discharges must also be made.
- Statutory Water Management Plans - WMPs are not new but set out a company’s resource management for at least the next 25 years – the last iteration was completed in 2019, with the next in 2024. They consider essential balances between supply and demand and other influencing factors such as population growth, infrastructure resilience or climate change.
- The Act gives the EA powers to revoke licences without liability for compensation from 1 January 2028. This is because some date back to the 1960s where no consideration was made for environmental protection or water availability. Between now and that date, there is still compensation available, should a licence be revoked.
How does the Construction (Design and Management) (CDM) Regulations 2015 effect my work?
- Under CDM Regs, “designer” means any person who… a) prepares or modifies a design; or b) arranges for, or instructs, any person under their control to do so relating to a structure or mechanical or electrical system intended for a particular structure.
- Design must consider the full lifecycle of the asset: construction, operation, maintenance, refurbishment or modification and demolition.
- The client has a legal duty under the CDM Regs to provide the designer with information about the site (known as pre-construction information).
- ERIC system for management of risk: For all projects, when preparing or modifying designs, designers should try to Eliminate or Reduce by mitigation, foreseeable risks. Consider hazards that may arise during the full asset lifecycle. Provide information to Inform other members of the project team to help them Control these residual risks and fulfil their duties.
JBA’s ‘Management of Construction and Design’ Standard Operating Procedure outlines the obligations imposed on JBA and our clients by the CDM Regulations.
JBA’s Design Risk Assessment document acts to identify the key hazards and their potential consequences; design measures to eliminate or reduce the hazard; identify residual hazards/risks and how they are to be communicated; and finally recommend measures to be taken by the risk owner to minimise and control residual risks.
What is the Design and Construction Guidance (DCG) document?
In October 2019, Ofwat approved the Sewerage Sector Guidance documentation (SSG). The SSG came into force on 1 April 2020, standardising process and procedure across the country. As part of the SSG, ‘Sewers for Adoption’ has been replaced by the mandatory ‘Design & Construction Guidance’ (DCG) which gives provision for Sewerage Undertakers to adopt SUDs facilities.
The DCG contains updated information on pipes, manholes and pumping stations, and, for the first time, includes information of sustainable drainage systems (SuDS). Those SuDS features included in the DCG can now be adopted by water companies under s104 of the Water Industry Act 1991, meaning they can be adopted at through the same mechanism as pipes, manholes and pumping stations.
What is CIWEMs Code of Ethics and Professional Conduct?
The Professional Ethics and Code of Conduct lays down the rules of professional conduct that all professional members need to abide by.
The Code of Ethics is a set of fifteen principles with which members are expected to comply. The first seven relate to environmental behaviour and the following eight to professional behaviour.
What are the first seven principles that relate to environmental behaviour as set out in CIWEM’s Code of Ethics?
- promote enhancement of the environment
- understand that ecosystem services provide an essential contribution to well-being
- promote the use of integrated solutions to the management of the environment
- avoid causing or allowing environmental degradation
- avoid knowingly over-exploiting natural resources
- consider the needs of the community
- encourage equality and diversity
What are the eight principles that relate to professional behaviour as set out in CIWEM’s Code of Ethics?
- act honestly, objectively and impartially and maintain confidentiality when required to do so
- accept responsibility for their personal decisions and actions
- assess relevant liability, and where appropriate hold professional indemnity insurance
- never act illegally, fraudulently, deceitfully or dishonestly
- avoid conflicts of interest and disclose any which may arise as soon as reasonably practicable
- advance their learning and competence, supporting and encourage others to do the same; recognise the limits of their competence
- notify the Institution immediately if they have:
-received a criminal conviction, or an adverse civil court judgement, related to any aspect of the Institution’s Code of Professional Conduct (whether in UK or overseas);
-been declared bankrupt or disqualified as a Company Director or Charity Trustee;
-had membership of another professional body terminated as the result of a disciplinary procedure;
- had employment terminated for gross misconduct. - uphold the reputation of the Institution
What are the four principles that relate to professional conduct as set out in CIWEM’s Code of Conduct?
Members shall:
(a) order their conduct pursuant to the Code of Ethics and so as to uphold and enhance the dignity, standing and reputation of the Institution and profession; and
(b) exercise their professional skills and judgement to the best of their ability and discharge their professional responsibilities with integrity; and
(c) have due regard to the public interest and protection and enhancement of the environment in the discharge of their duties; and
(d) shall not maliciously or recklessly injure or attempt to injure whether directly or indirectly the professional reputation of another member.
What International Organization for Standardization (ISO) standard recognises quality management?
ISO 9001
What International Organization for Standardization (ISO) standard recognises environmental management?
ISO 14001
What International Organization for Standardization (ISO) standard recognises occupational health and safety management?
ISO 45001
What International Organization for Standardization (ISO) standard recognises information security management?
ISO 27001
What is a Section 104 agreement?
Section 104 of the Water Industry Act 1991 allows a landowner and water company/sewerage undertaker to agree that after construction of a private drainage system, that will connect with the public sewer, then that drainage system will vest in the undertaker.
