Issue - meetings

To formally adopt policies and protocols for Land Drainage maintenance and enforcement in response to the Government’s Pitt Review and the Draft Flood and Water Management Bill following the July 2007 flooding.

(Report attached)

RECOMMENDED that

1)         subject to the Council’s subsequent approval of the financial implications, the land drainage and flooding policies and protocols attached at Appendices 1 to 5 to the report,as recommended by the Overview & Scrutiny Committee on 17 June 2009, be approved; and

2)         the Deputy Chief Executive, in consultation with the relevant Portfolio Holder, be authorised to amend the Council’s land drainage and flooding policies and protocols as appropriate to take account of subsequent changes to the draft legislation.

(It was agreed that a letter be sent on behalf of the Committee to Worcestershire County Council outlining Members’ concern that the cleansing of highways gullies be treated as a matter of urgency given the potential impact on flood prevention on a failure to maintain these assets).

The Committee considered a presentation and report outlining policies and protocols for land drainage maintenance and enforcement. This was in response to the Pitt Review and the Draft Flood and Water Management Bill following the July 2007 flooding.

The policies and protocols had previously been considered both through the county-wide Joint Scrutiny exercise and the Council’s own Overview and Scrutiny Committee. Officers took the view that there was some merit in the Council retaining an interest in water management at a District level. There was the possibility that the Council’s duty regarding ordinary watercourses may alter and there was a need to minimise any likely financial impact on the Council of legislative changes.

Officers confirmed that the Council’s current annual budget for cyclical maintenance was £100K and it was noted that waterways in Redditch had been quite well maintained on that budget, hence the comparative lack of flooding in 2007. At the present time the Council also inspected and cleansed a number of County Council assets and received suitable financial recompense from the County for the provision of that service. It was noted that it was ensured a suitable level of maintenance from other riparian owners in the Borough if the Council was to adequately maintain its own assets.

In view of the fact that the current Bill was only at the draft stage, it was proposed by the Committee that Officers be given delegated authority to make any necessary changes that might come about following the enactment of the legislation. The Committee also wished to ensure that the County Council fulfilled its obligations in respect of the cleansing of road gullies as a failure to do so could have a major negative impact on this Council’s ability to prevent local instances of flooding.

RECOMMENDED that

1)         subject to the Council’s subsequent approval of the financial implications, the land drainage and flooding policies and protocols attached at Appendices 1 to 5 to the report,as recommended by the Overview & Scrutiny Committee on 17 June 2009, be approved; and

2)         the Deputy Chief Executive, in consultation with the relevant Portfolio Holder, be authorised to amend the Council’s land drainage and flooding policies and protocols as appropriate to take account of subsequent changes to the draft legislation.