Industry Intel

What will the impact of Schedule 3 be on the Flood and Water Management Act?

Nathaniel Childs

Consultant | Highways Assets and Maintenance

Jul 24, 2023

Recently, changes have been made to Schedule 3 which have significant implications for local authority resources. In this article, I will explore the impact of these changes and what it means for local authorities.

History on Schedule 3

Before we dive into the changes, let’s take a moment to understand what Schedule 3 of the Flood and Water Management Act entails. It sets out the requirements for local authorities in relation to surface water management, including the development of surface water management plans, the designation of lead local flood authorities (LLFAs), and the provision of information to the public about flood risk.

The LLFAs are responsible for developing and implementing flood risk management strategies, working with other stakeholders such as the Environment Agency and water companies. They are also responsible for investigating and reporting on flooding incidents and maintaining records of flood risk.

What is changing?

The changes to Schedule 3 were introduced by the Flood and Water Management Act 2019. They focus on three main areas:

  • New responsibilities for LLFAs

The LLFAs are now required to develop and maintain drainage and sewerage maps, and to provide this information to the public on request. They are also required to report on their progress in implementing their flood risk management strategies, and to publish information about their performance.

  • New powers for LLFAs

The LLFAs now have the power to carry out works on private land to reduce flood risk, with the permission of the landowner. They can also enter into agreements with other organisations to help manage flood risk, such as agreements with water companies to use their assets for flood storage.

  • New requirements for developers

Developers are now required to provide information about surface water drainage to the LLFAs, and to consider the flood risk when designing new developments. They are also required to take steps to reduce the impact of surface water runoff, such as using permeable surfaces and installing sustainable drainage systems (SuDS).

What are the implications for local authority resources?

The changes to Schedule 3 represent a significant increase in responsibilities and powers for the LLFAs. They will need to invest resources in developing and maintaining drainage and sewerage maps, and in providing information to the public about flood risk.

They will also need to be proactive in engaging with developers to ensure that new developments are designed with flood risk in mind, and that they are incorporating SuDS wherever possible. This will require additional staff and resources to carry out the necessary assessments and inspections.

Furthermore, the new powers for LLFAs to carry out works on private land to reduce flood risk will require additional resources for negotiation and implementation.

So, What’s Next?

The changes to Schedule 3 of the Flood and Water Management Act represent a significant increase in responsibilities and powers for local authorities. While these changes are undoubtedly positive in terms of improving flood risk management and water resources planning, they will also require significant investment in resources and staff.

Local authorities will need to ensure that they have the necessary funding and resources in place to meet these new requirements, and that they are working effectively with other stakeholders to manage flood risk in their areas. Only then can we ensure that we are better prepared for the challenges of climate change and increasing flood risk in the years ahead.

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Consultant | Highways Assets and Maintenance

Nathaniel Childs

Nathaniel joined the Engineering team in 2021, in his first recruitment role, specialising in Highways Assets and Maintenance. He always takes accountability for doing what he says he will do and getting it done, and his clients and candidates know they can trust him to do a good job.

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