10/02/2006 - The Environment Agency, releasing the Development and Flood Risk Report for 2004/05 today, has urged local authorities to heed the government’s sustainable development policies on flood risk so the important development needs of the country can be met without placing people and property at risk. The annual monitoring report from the Environment Agency and Local Government Association on ‘Development and Flood Risk’ records the performance of all local authorities in England on developments where the Environment Agency has provided flood risk advice.

"Over 5 million people and 2 million homes and businesses are currently at risk from flooding in England and Wales. Recent floods, storms and drought have shown how vulnerable we are to the weather - illustrated by the floods last summer in Europe and the events in New Orleans", Barbara Young, Chief Executive of the Environment Agency, said today.

Major findings are:

Where local planning authorities have advised the Environment Agency of planning decisions where we have objected, the final outcome was in line with its advice in 92% of cases

However, 21 major developments were granted planning permission contrary to Environment Agency advice

Less than 4% of appeal decisions were determined contrary to Environment Agency advice.

"While we welcome findings that local planning authorities are increasingly not developing inappropriately in the flood plain, we are concerned that this improvement has not been repeated for major developments. There were 21 cases where our advice was ignored on major developments - the same as last year - and a large proportion of these were for residential development," Barbara Young said.

"We believe this reinforces the need for national government scrutiny of such cases. We fully support the government’s current planning policy review on development and flood risk, and acknowledgement that we should have an enhanced role in advising local government as a statutory consultee on flood risk.

"We particularly support the proposal that, in the future, where a local authority wishes to grant planning permission for a major development contrary to our advice, this should be referred to central government to consider calling in the case.

"Recent legal cases, such as the successful Judicial Review by the Environment Agency to a development determined by Tonbridge and Malling Borough Council, show we are very serious about protecting homes and people," Barbara Young said.

The Environment Agency objected to planning permission given by Tonbridge and Malling Borough Council for 63 apartments - for the purpose of sheltered accommodation - located on a flood zone.

"We need to make sure homes - particularly for those who are vulnerable - are built in a safe place. This will protect our environment, but also protect people," Barbara Young said.

The report’s good news:

All development plans adopted in the reporting period now contain flood risk policies and statements.

Less than 4% of appeal decisions were determined contrary to Environment Agency advice.

The number of objections made by the Environment Agency on flood risk grounds has reduced only slightly - from 5077 in 2003/04 to 4634 in 2004/05. However, where the Environment Agency knows the outcome of its objections to individual planning applications, the final outcome was in line with its advice in 92% of cases.

LPA performance in providing the Environment Agency with relevant decision notices continues to improve - in 2004/05, some 66% of the 4634 applications initially objected to, compared to 55% in 2003/04 and 43% in 2002/03 - but this needs further improvement.

The Environment Agency sustained an objection on flood risk grounds to a substantially increased number of ‘major’ development proposals - from 214 to 353 this year - of which 201 were for housing, compared to 119 in 2003/04.

The number of planning applications requiring detailed consideration on flood risk grounds has declined from 22,000 in 2003/04 to 14,000 in 2004/05 - a significant improvement considering the higher risk of applications considered following the new procedures which allow low risk applications to be dealt with by standard response.

However, it is not all good news:

The Environment Agency’s monitoring of development and flood risk, on behalf of the government, is still impeded by the fact that LPAs only inform it of their decisions on two-thirds of the cases where the Environment Agency has objected.

The requirement for flood risk assessments to accompany planning applications is still being ignored by some developers - the lack of these assessments account for more than half (53%) of all Environment Agency sustained objections.

Re-consultation by LPAs, when they are minded to override Environment Agency advice, is still happening in too few cases.

The number of planning appeals where flood risk was an issue has continued to rise - from 108 in 2003/04 to 133 in 2004/05 - although the proportion of appeal decisions against Environment Agency advice has fallen from 9.3% to 3.8%.

Despite the reduction in consultations the number of objections made by the Environment Agency has reduced only slightly from 5077 in 2003/04 to 4634 in 2004/05.