Local Authority Services and the Water Environment. Advice Note on the Water Framework Directive for Local Authorities across the Midlands

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1 Local Authority Services and the Water Environment Advice Note on the Water Framework Directive for Local Authorities across the Midlands June 2012

2 How can this Advice Note help Local Authorities? The European Water Framework Directive, major surface water flooding events (such as the summer of 2007), recent droughts, the impacts of climate change, and future development needs are all driving the growing importance of managing the water environment. This Advice Note provides information to local authorities on the important contribution they can make to local improvements in the water environment and to meeting the objectives of the Water Framework Directive. It has been prepared by the Environment Agency and Sustainability West Midlands, working in partnership with local authorities from across the Midlands. We are particularly grateful for the assistance provided by Nottingham City Council, Worcestershire County Council and Wyre Forest District Council during the preparation of the document. The Advice Note addresses the following: What is the European Water Framework Directive (WFD)? Why is the water environment and the WFD important to local economies and communities? What are the roles for local authorities under the Water Framework Directive? How can local authorities contribute to WFD objectives? What further advice, information and support is available to local authorities from the Environment Agency and others? Local Authority Services and the Water Environment

3 Contents 1 THE EUROPEAN WATER FRAMEWORK DIRECTIVE (WFD) What is the European Water Framework Directive? Why is the water environment important for local economies and communities? 6 2 HOW CAN LOCAL AUTHORITIES CONTRIBUTE TO WFD OBJECTIVES? Responsibilities of Local Authorities relating to the WFD Local Authority Functions which can Contribute to the WFD Local Authority Planning Policies Local Authority Development Management Functions Local Authority Drainage, Flood Risk Management and SuDS Functions Local Authority Highways Functions Local Authority Environmental Health and Pollution Control Functions Managing a Local Authority s own Buildings, Assets and Greenspace Local Authority Community Leadership, Advocacy and Partnership Roles 42 3 CO-ORDINATION AND GOOD PRACTICE CHECKLIST Co-ordination within a Local Authority on WFD Issues Checklist for Assessing Progress 49 4 SOURCES OF SUPPORT AND FURTHER INFORMATION 51 Advice Note on the Water Framework Directive for Local Authorities across the Midlands

4 Section One THE EUROPEAN WATER FRAMEWORK DIRECTIVE (WFD) 1.1 WHAT IS THE EUROPEAN WATER FRAMEWORK DIRECTIVE? The Water Framework Directive (WFD) came into effect in December 2000 and was enacted into UK law in December It established a legal framework for the protection, improvement and sustainable use of water bodies across Europe and applies to all surface water bodies, including rivers, streams, brooks, lakes, estuaries and canals, coastal waters out to one mile from low water, and groundwater bodies. It brings together and updates a raft of existing EU water legislation and sets challenging targets for the ecological quality for all water bodies 2. The Directive sets a target for all surface and groundwater water bodies to reach good status by However, it recognises that some water bodies are artificial or heavily modified because they have been created or modified to support uses such as water supply, flood protection, navigation or urban infrastructure, and sets lower targets accordingly. Artificial or heavily modified water bodies need to reach good ecological potential by Objectives of the WFD include: to achieve good status for all water bodies by 2015 (or later dates of 2021 or 2027 subject to criteria set out in the Directive); preventing deterioration in the status of water bodies; reducing pollution from priority polluting substances; preventing and/or limiting pollution input into groundwater; conserving aquatic ecosystems, habitats and species; mitigating the effects of floods and droughts on water bodies; and promoting sustainable use of water as a natural resource, and balancing abstraction and recharge. 1 Water Environment (Water Framework Directive) (England and Wales) Regulations A Water Body means a discrete and significant element of surface water such as a lake, reservoir, stream, river or canal, part of a stream, river or canal, or a stretch of coastal water; or a distinct volume of groundwater within an aquifer. Local Authority Services and the Water Environment 1

5 Water body status Water body status is assessed against over 30 different parameters grouped into: ecological status (including biological elements such as fish and insect life, hydromorphological and physio-chemical elements such as phosphorus, temperature, dissolved oxygen and ph); and chemical status (covering priority substances such as Mercury and Benzene). Ecological and chemical status are combined to provide the overall status of a water body. Ecological status is measured on the scale of high, good, moderate, poor and bad. Chemical status is measured as good or fail. The lowest scoring element determines a water body s overall status. Artificial and heavily modified waters For an artificial or heavily modified water body to achieve good ecological potential, its chemistry must be good. In addition, any modifications to the structural or physical nature of the water body that harm biology must only be those essential for its valid use. All other such modifications must have been altered or managed to reduce or remove their adverse impact, so that there is the potential for the biology to be as close as possible to that of a similar natural water body. Often though, the biology will still be impacted and biological status may be less than good. The WFD sets the requirement that nothing should be done to a water body which would cause its status to deteriorate. The WFD only allows this requirement to be set aside where certain conditions are met for example, where the social benefits of a project outweigh the environmental damage, and reasonable steps are taken to reduce any damage (as set out by Article 4.7 of WFD). Components of Water Body Status Overall Status Chemical status Ecological status Priority substances which present a significant risk to the water environment Physico-Chem e.g. nutrients, ph, dissolved oxygen, ammonia Biological Elements e.g. phytoplankton, macroalgae, fish, invertebrates Specific Pollutants e.g. metals and their compounds, organic compounds Hydromorphology e.g. Depth, width, flow, structure Advice Note on the Water Framework Directive for Local Authorities across the Midlands 2

6 River Basin Management Plans (RBMP) The WFD supports a catchment based approach to managing the water environment 3. The Environment Agency is the competent authority for the Directive in England and Wales, and is responsible for producing the River Basin Management Plans. These are prepared on a rolling six year programme, with the current plans published in The RBMPs are the key over-arching sources of information on the water environment and all public bodies, including local authorities are required to have regard to the River Basin Management Plan and any supplementary plans in exercising their functions 4. The RBMPs describe the river basin district, the quality of water bodies and pressures faced by the water environment. They also set out actions or measures required to meet the WFD s objective of water bodies reaching good ecological status or potential. Actions are set out for a wide range of organisations, such as water companies (who have invested heavily to reduce point source pollution from their assets in line with requirements in the RBMPs) and local authorities. Actions for local authorities are identified in Annex C and Annex J of the current RBMPs. It is likely that more specific and demanding actions for local authorities will be identified in the next round of RBMPs (2015) as we move closer to the deadline for meeting good ecological status or potential. There are 11 river basin districts in England and Wales. All RBMPs are available on the Environment Agency website. Local authority areas within the Environment Agency Midlands region are located in either the Severn River Basin or the Humber River Basin. Map of river basin districts in England and Wales 3 Use of the term water environment in this Advice Note covers a range of issues including water quality, aquatic ecosystems and habitat, mitigation of flood and drought effects, and water resources. 4 Regulation 17 of the Water Environment (Water Framework Directive) (England and Wales) Regulations Local Authority Services and the Water Environment 3

7 Quality of water bodies in the Midlands Across the East and West Midlands over the past 20 years we have seen major improvements in water quality in our rivers, brooks and lakes. However, in 2009, only 22% of water bodies in the EA Midlands region met the WFD standards of having good ecological status or potential (compared with 27% nationally) and 24% of watercourses were rated as poor or bad ecological status or potential see map. Ecological status or potential of surface waters in the Environment Agency Midlands region, 2011 A wide variety of pressures on our water environment are responsible for downgrading water bodies to less than good status. These pressures include point source pollution, diffuse source pollution (which arises from many different sources rather than an obvious discharge point), over-abstraction and low flows, invasive non-native species and physical changes such as straightening and impounding structures like culverts. With population growth, development needs and climate change, the pressures on the water environment will increase and a concerted approach is needed if we are to improve water bodies to meet standards required by the Water Framework Directive. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 4

8 Causes of poor water quality or poor ecological status of water bodies Point source water pollution, such as effluent discharging from industrial sites, wastewater treatment plants or mines, and combined sewer overflows. Over the last two decades, the extent of pollution from point sources has been reduced significantly through environmental regulations and permitting. Diffuse pollution arises from many sources, which may be minor individually, but their collective impact can be very significant. Diffuse pollution can be caused by current and past land use in agricultural and urban environments. Sources of urban diffuse pollution include: Runoff from impermeable urban surfaces, such as highways, which can carry a mix of polluting substances, such as oils, toxic metals, pesticides and sediments. The majority of surface water discharges receive no treatment before entering rivers or streams and this can lead to poor water quality and ecological impacts. Sediment runoff from land e.g. from land under construction. Drainage misconnections where foul wastewater from properties (e.g. from toilets and washing machines) is wrongly connected into surface water drainage systems which eventually discharge into local rivers and streams, rather than being connected to foul water sewers which discharge to wastewater treatment facilities. Spillages, poor storage or poor handling of potentially polluting materials, which enter surface water drains and then flow into watercourses. Polluting substances (e.g. paints and oils) being poured down surface water drains. Littering, dumping of waste and general neglect of watercourses. Contaminated land pollutants from contaminated land, including when disturbed during building work, as well as from old mine workings seeping into watercourses. Sources of agricultural or rural diffuse pollution include agricultural fertilisers, livestock grazing, silage storage, forestry and mining, sediment from farming and septic tanks from rural dwellings. Low flows, due to drought and water abstracted from rivers, reservoirs or groundwater. This can result in higher pollutant concentrations and less water to support fauna and flora. Flooding and poorly controlled surface water flows which can lead to pollution from sources such as combined sewer overflows and impacts on habitats and water body morphology. Physical man-made modifications to watercourses such as straightening and impounding structures, concrete channels and culverts which can result in removal of substrate that plants and animals live and breed in; loss of bankside vegetation, aquatic fauna and flora; separation of a river from its margins and flood plain; and barriers to fish migration. Habitat degradation, including man-made impacts and the effect of invasive non-native species, such as Himalayan Balsam, Japanese Knotweed, floating pennywort, giant hogweed, American mink or signal crayfish, which can dominate and damage habitats for native species. Local Authority Services and the Water Environment 5

9 1.2 WHY IS THE WATER ENVIRONMENT IMPORTANT FOR LOCAL ECONOMIES AND COMMUNITIES? A high quality water environment is an integral part of the natural environment, providing a good habitat for plants, animals and quality of life benefits for local people. As highlighted in the Government s White Paper for Water: Water for Life (December 2011 see extracts in the box overleaf), water resources and a high quality water environment underpin economic development, by providing water for households, industries, agriculture, recreation and tourism. Development is central to the national and many local approaches to stimulating economic growth, and Government states that more houses and commercial properties are needed to meet the needs of growing population, changing lifestyles and to enable economic growth. Getting access to water and sewerage infrastructure is essential for development to proceed. 5 A high quality water environment makes attractive places in which we live and work, and it is widely accepted that local investment in environmental improvements can help to attract economic activity. It also provides valuable local amenity and related physical and mental health benefits. Economic benefits of water and Ecosystem Services: As well as attracting investment to an area, a good quality water environment also provides valuable ecosystem services. Government policy supports the approach of ecosystem services which recognises the economic value and benefits that people obtain from ecosystems 7. For water based ecosystems, these valuable services include: drinking water supply; water for agriculture, food production, fish, industry, recreation, tourism and transport; water to accept and dilute treated sewage effluent; water for wildlife; water for environmental setting, aesthetic value, health benefits and inspiration; flood risk reduction; climate adaptation. The water environment also supports our resilience to predicted climate change by providing watercourses, flood plains and green space to help reduce flood risks, and by providing shade and urban cooling during periods of high summer temperatures. Proximity to waterways increases property values As identified in the CABE Space report The Value of Public Space 6, studies in a number of cities have shown that high-quality public spaces, including the water environment, aids regeneration and increases property values. For example, research shows that a garden bordering water can increase the price of a house by 11%, while a view of water or having a lake nearby can boost the price by 10% and 7% respectively. This compares with a view of an apartment block, which can reduce the price by 7%. 5 Government s Water White Paper, December CABE Space report available at 7 Defra et al UK National Ecosystem Assessment Understanding Nature s Value to Society, Advice Note on the Water Framework Directive for Local Authorities across the Midlands 6

10 Government Water White Paper Water for Life (December 2011) The importance of water to the natural environment, people and economic growth A healthy natural environment is the essential foundation if we are to enjoy sustained economic growth, prospering communities and personal wellbeing. Water is not only essential for life; it is critical to the Government s commitment to drive economic growth. We must manage our water resources in a way that supports growth and the wider needs of society. Pressure on water resources would threaten growth. This is why protecting the health of our rivers and lakes, maintaining our water infrastructure and managing our water resources... is amongst the most critical challenges we face. Pressures on water bodies Our water bodies are already under stress in some parts of the country. Because of pollution and over-abstraction only a quarter of our rivers and lakes are fully functioning ecosystems. In the coming years the combined effects of climate change and a growing population are likely to put increasing pressure on our rivers. If we do not act the security of our water supplies could be compromised. We have been damaging rivers and other water bodies in two ways. We have been polluting them; and we have been taking too much water out of them (over-abstraction). Over-abstraction compounds the problem of water pollution, because the less water there is the more concentrated the pollution will be. Diffuse pollution from a range of sources such as runoff from roads and farmland, and detergents and other toxic material which people put down drains, is still a problem. Taken individually, the impact of each source would be relatively low. But taken together, their impact can be dramatic, poisoning water and damaging wildlife and plants. Actions needed We must halt and reverse the damage we have done to water ecosystems and ensure that they can continue to provide essential services to us and the natural environment. We need to use water more efficiently and raise awareness of the connection between our water use and the quality of our rivers and the ecosystems they support. We need to think more carefully about drainage and wastewater, increase the use of sustainable drainage systems (SuDS) and address problems of misconnected drains. We all have an interest and, therefore a role, in protecting our water bodies. Given the diversity of the sources of pollution, neither Government regulation nor public money alone can solve the problem. Instead we need a new approach which mobilises local groups. Actions by partners Organisations, individuals and companies all have important roles to play in helping to improve the water environment and deliver the objectives of the Water Framework Directive. Action is needed by a wide range of public and private sector bodies and individuals to improve the water environment. These actions are set out in the River Basin Management Plans 8 and local authorities need to take account of Directive and the RBMPs if nationally we are to meet WFD targets. Information on the responsibilities of local authorities and ways in which they can help achieve objectives of the Water Framework Directive are described in Section 2. 8 Actions are included Annex C and Annex J of the RBMPs. Local Authority Services and the Water Environment 7

11 Section Two HOW CAN LOCAL AUTHORITIES CONTRIBUTE TO WFD OBJECTIVES? 2.1 RESPONSIBILITIES OF LOCAL AUTHORITIES RELATING TO THE WFD Local authorities have the following responsibilities relating to the WFD: Like other public bodies, they must have regard to the River Basin Management Plan and any supplementary plans in exercising their functions 9. This means, for example, that they need to reflect RBMP information on water body improvement priorities in local planning policies, Infrastructure Delivery Plans and in the determination of individual planning applications. They must consider what actions or measures contained in the RBMP relate to them and implement the necessary actions accordingly. Local authorities and other public bodies are required to provide information and such assistance as the Environment Agency may reasonably seek in connection with its WFD functions 10. Local authorities, along with other public bodies, have a general responsibility not to compromise the achievement of UK compliance with EU Directives, including the WFD. Non-compliance with EU Directives could potentially lead to the European Commission bringing legal proceedings and fines against the UK. The Localism Act includes a new power for UK Government to potentially require public authorities (including local authorities) to make payments in respect of EU financial sanctions for infraction of EU law if the authority has caused or contributed to that infraction. In theory, this power applies to infractions of WFD requirements, including deterioration of water body status, though in practice, Government and the Environment Agency would seek to work with a local authority to resolve the situation and avoid levying penalty payments. The Localism Act also sets out the duty to cooperate, which requires local planning authorities to co-operate on cross-boundary planning issues, including, as stated in the National Planning Policy Framework 12, the provision of infrastructure for water supply and water quality, as well as climate change adaptation and conservation and enhancement of the natural environment. 9 Regulation 17 of the Water Environment (Water Framework Directive) (England and Wales) Regulations Regulation 19 of the Water Environment (Water Framework Directive) (England and Wales) Regulations Localism Act 2011 sections 48-57: EU Financial Sanctions. 12 National Planning Policy Framework Paragraph 156 relating to the Duty to Co-operate. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 8

12 2.2 LOCAL AUTHORITY FUNCTIONS WHICH CAN CONTRIBUTE TO THE WFD Key local authority functions which can contribute to WFD objectives include: 1. Strategic planning and local planning policies which protect and enhance the water environment, including incorporating WFD priorities into Local Plans and Infrastructure Delivery Plans, plus local authority engagement in the preparation of River Basin Management Plans. 2. Development management and building regulation functions determining planning applications to secure benefits for the water environment, avoid deterioration of water bodies, provide greenspace and sustainable drainage, and delivering building regulation functions such as the avoidance of drainage misconnections Integrating water environment and WFD issues into drainage and flood risk management functions including promoting the use of Sustainable Drainage Systems (SuDS) and delivering forthcoming local authority SuDS Approval Body (SAB) roles. 4. Environmental health and pollution control functions, such as engaging with businesses to avoid water pollution, stimulating behaviour change to reduce risks of pollution, raising public awareness of drainage misconnections and involvement in actions to avoid illegal fly tipping and littering of watercourses. 5. Managing a local authority s own buildings and assets, and greenspace functions including council owned housing, industrial estates, green space, farms and rural enterprises and work in developing and managing green infrastructure for water environment benefits. 6. Local authority highways functions highways design, use of SuDS, highways maintenance and street cleansing to manage flood risk and levels of pollution in highways runoff. 7. Local authority community leadership, advocacy and partnership roles, encouraging and working with others (including residents, community groups, voluntary sector organisations, businesses, land owners, Local Enterprise Partnerships, Local Nature Partnerships and public partners) to protect and enhance the water environment. Advice and good practice in each of these areas is provided in the following pages. Table 1 summarises how these local authority functions can affect different causes of poor water body status. 13 Drainage misconnections occur when foul wastewater (e.g. from toilets, washing machines etc.) is wrongly connected into surface water drains which eventually discharge into local rivers and brooks, rather than being connected to foul water sewers which discharge to wastewater treatment facilities. Local Authority Services and the Water Environment 9

13 Table 1: Key Local Authority Functions which can affect causes of poor water body status Local authority functions and services: Point source pollution Polluted runoff from impermeable urban surfaces Drainage/sewerage e.g. misconnections, surface water connections to combined sewers etc. Urban diffuse pollution Rural diffuse pollution Sediment runoff from land, e.g. during construction Spillages, poor storage or handling, pollution down surface water drains Littering, dumping and general neglect of watercourses Pollution from contaminated land, including disturbance during development e.g. from agriculture, septic tanks etc. Physical man-made modifications to water bodies Low flows in water bodies Habitat degradation e.g. Invasive non-native species Local planning policies l. l l.. l l Determination of planning applications and Building Control inspections l... l. l. l l Local authority drainage and flood risk management functions, and future SuDS Approval Body role l... l l. l l Environmental health and l... l l pollution control functions Managing local authority l... l l l buildings and assets Openspace and green infrastructure, ecology and recreation... l l. Highways design, maintenance and cleansing operations. l l l l l Local authority community leadership & advocacy roles, including education.. l.. l l l l. = significant potential effect on causes of poor water body status l = less significant potential effect on causes of poor water body status Note: The influence of local authority functions on water bodies will also vary depending on whether it is a unitary, district or county council, and the type and nature of the issues affecting local water bodies. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 10

14 Figure 1 Illustration of Local Authority activities which can contribute to WFD objectives Planning policies in the Local Plan to protect and enhance watercourses, promote water efficiency and SuDS Considering water environment issues in determining planning applications Management of Council owned greenspace to enhance the water environment Schools projects relating to local watercourses and water quality Working with the EA and partners in implementing physical improvement projects on watercourses Incorporating water quality issues into Minerals and Waste planning policies Designing Council buildings (schools, housing, offices etc.) to include SuDS and water quality benefits Working with businesses to reduce water pollution Preventing polluting activities e.g. illegal car wash operations with no planning permission Encouraging the use of SuDS in new developments and retrofit. Promoting water quality benefits through SuDS Crown Copyright on base diagram. Highways design and street cleansing to reduce pollutants entering watercourses and promote sustainable drainage Integrating water issues (e.g. water quality, water treatment, greenspace, SuDS) into infrastructure delivery plans Working with the Environment Agency and water companies to reduce domestic drainage misconnections Encouraging reinstatement of natural watercourses e.g. de-culverting watercourses in new redevelopments Working with local communities to raise awareness of the water environment Local Authority Services and the Water Environment 11

15 2.3 LOCAL AUTHORITY PLANNING POLICIES The importance of strategic planning and local planning policies Development proposals have the potential to bring positive and negative impacts on the water environment and status of water bodies. It is therefore essential that local planning policies provide a framework which maximises the positive impacts and minimises potentially negative impacts. Furthermore, local authorities, like other public bodies, must have regard to the River Basin Management Plan and any supplementary plans in exercising their functions 14, including in the preparation of local planning policies and Infrastructure Delivery Plans. Potential NEGATIVE impacts of development proposals on the water environment include Impact on water quality by introducing sources of pollution from surface water runoff if sustainable drainage is not effectively implemented or controlled. Polluted runoff from impermeable urban surface or highways can contribute to pollution problems. There is also a risk of surface water pollution during the construction phase if appropriate management measures are not put in place. Physical modification of water bodies and the habitat they provide, for example, culverting of watercourses for access or through delivering hard flood defences to mitigate flood risk, can potentially affect the natural flow and habitats of a river. Even something as simple as new outfalls for surface drainage for a development can change the morphology of the river locally if not carefully implemented. Building on flood plains and loss of green space in river corridors which can reduce the ability of watercourses to cope with diffuse pollution and respond to flood events. Some development may have indirect effects on water bodies by, for example, increasing pressure on water supplies to support new developments. Development therefore needs to be effectively phased with infrastructure provisions so that water supplies and sewage treatment capacity is provided without deterioration of water bodies. Potential POSITIVE impacts of development proposals on the water environment include Integrating sustainable drainage (SuDS) into new developments, which helps to reduce flood risk, improve water quality by reducing levels of pollutants reaching watercourses (e.g. via filter strips) and provides biodiversity and amenity benefits. Physically changing the morphology of watercourses to recreate more natural conditions and new habitat, for example, through deculverting, restoring or re-profiling rivers to promote ecological habitat improvements. Adopting water efficiency measures as part of sustainable construction approaches in designing and constructing buildings, reducing demands on local water resources. Any local requirement to exceed national Building Regulation standards on water efficiency will need to be justified by local evidence. Integrating multi-functional green infrastructure into new developments, improving water bodies as well as providing habitat, flood risk management, ecological, recreational, amenity and climate change adaptation benefits. Cleaning up contaminated land from which pollutants previously seeped into groundwater and surface waters. As well as providing water quality, ecological, flood risk and amenity benefits, these improvements can enhance the attractiveness of an area and market values, as well as contributing to local area and community regeneration. 14 Regulation 17 of the Water Environment (Water Framework Directive) (England and Wales) Regulations Advice Note on the Water Framework Directive for Local Authorities across the Midlands 12

16 Case Study Longbridge, Birmingham Water course improvements and green infrastructure measures which provide WFD benefits have been integrated into the Masterplan for the 468 acres Longbridge redevelopment scheme alongside the River Rea on the south western fringe of Birmingham. The scheme includes opening up of the previously culverted River Rea and reinstating an open channel, remediation of contaminated land and creation of a green corridor. The Environment Agency has worked in partnership with Birmingham City Council and St Modwen, the developer, to design a significant flood storage area on the River Rea and watercourse improvements. This will attenuate flows and reduce flood risk downstream in the Northfield area, help improve water quality and ecology and reduce potential future impacts of climate change. The masterplan also provides amenity, leisure and health benefits and is central to the financial attractiveness of the scheme to investors. Longbridge town centre will be delivered in three phases, with an 85,000 sq ft Sainsbury s store, car park, two acre urban park and elements of the new high street delivered in the first phase. Phases two and three will comprise an 80-bed hotel, 40 apartments, further retail space and car parking, with a total of 80,000 sq ft of retail space and restaurants being provided in addition to the Sainsbury s store. In the new two acre Austin Park the River Rea will be opened up for the first time in 100 years. Local Authority Services and the Water Environment 13

17 2.3.2 National planning policy context The National Planning Policy Framework (NPPF) 15 emphasises the important role of local planning policies in contributing to WFD objectives and the water environment. Relevant extracts from the NPPF are shown in the box below. Because the NPPF and localism places the Local Plan at the heart of development planning, effective integration of WFD objectives into local planning policies is essential to maximise the contribution of development proposals to local WFD objectives. Extracts from the National Planning Policy Framework relevant to the WFD and water environment In preparing Local Plans Planning policies and decisions should be based on up-to-date information about the natural environment and other characteristics of the area including drawing, for example, from River Basin Management Plans (para 165). Local planning authorities should set out the strategic priorities for the area in the Local Plan which should include strategic policies to deliver, amongst other things, the provision of infrastructure for water supply and wastewater, as well as climate change adaptation and conservation and enhancement of the natural environment (para 156). The planning system should contribute to and enhance the natural and local environment by... recognising the wider benefits of ecosystem services; minimising impacts on biodiversity and providing net gains in biodiversity where possible...; preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution (para 109). A sustainability appraisal which meets the requirements of the European Directive on strategic environmental assessment should be an integral part of the plan preparation process, and should consider all the likely significant effects on the environment, economic and social factors (para 165). Planning strategically across local boundaries: Public bodies have a duty to cooperate on planning issues that cross administrative boundaries, particularly those which relate to the strategic priorities set out in paragraph 156 [i.e. including infrastructure for water supply, as well as climate change adaptation and conservation and enhancement of the natural environment] (para 178). Local planning authorities should work collaboratively on strategic planning priorities to enable delivery of sustainable development in consultation with Local Enterprise Partnerships and Local Nature Partnerships. (para 180). Any additional development plan documents should only be used where clearly justified. Supplementary planning documents should be used where they can help applicants make successful applications or aid infrastructure delivery, and should not be used to add unnecessarily to the financial burdens on development (para 153). The NPPF therefore specifically states that Local Plan policies and planning decisions should draw upon sources of information such as River Basin Management Plans. This requirement fits closely with Regulation 17 of the Water Environment (WFD) Regulations 2003 which places a duty on all public bodies including local planning authorities to have regard to RBMPs, which identify actions that local authorities and others need to take to address pressures on water bodies (e.g. actions identified in Annex C and Annex J of the current RBMPs). Local Plans should consider the need to achieve good status in water bodies and also ensure the risk of deterioration or failure to improve a water body is considered when determining planning applications. The NPPF also states that local authorities should develop Local Plans in consultation with partners (e.g. the Environment Agency, water companies, Natural England and Local Nature Partnerships); work collaboratively with other local authorities on cross-boundary issues; and use sustainability appraisal as an integral part of the Local Plan preparation process. 15 National Planning Policy Framework (NPPF) published by Government in March 2012 Advice Note on the Water Framework Directive for Local Authorities across the Midlands 14

18 2.3.3 Duty to Co-operate Section 110 of the Localism Act sets out the duty to co-operate, which applies to all local planning authorities, National Park Authorities and county councils in England and to a number of other public bodies. The duty requires public bodies to cooperate on planning issues that cross local authority boundaries, including strategic priorities identified in the NPPF (Paragraph 156) such as: the provision of infrastructure for water supply and water quality; the provision for new housing across a major conurbation or wider housing market area; measures needed to address the causes and consequences of climate change; and protection and enhancement of the natural and historic environment, including townscape. Councils and public bodies are required to set out planning policies to address such issues; engage constructively, actively and on an ongoing basis to develop strategic policies; and consider joint approaches to plan making. They need to demonstrate that in preparing Local Plans they have worked with other relevant bodies, including neighbouring local planning authorities and the Environment Agency. Councils must be able to show a planning inspector evidence that they have considered strategic/cross-boundary issues in relation to the Local Plan. A shared or joint evidence base is an excellent way of demonstrating this. Example of the duty to co-operate in relation to water environment issues River catchments often span many different local authority areas, e.g. the River Avon in Warwickshire and the West Midlands. New development in areas upstream can affect issues such as flood risk and water quality downstream. For example, if new development is permitted on flood plains in one local authority area, this could increase the risk of flooding in areas downstream. Similarly, new housing development in areas such as Rugby and Coventry could affect water quality and the requirements for wastewater treatment infrastructure downstream in areas such as Warwick, Stratford and Evesham. It is therefore important for neighbouring local authorities to work together, as well as with the Environment The River Avon flows from north east to south west. Agency and water companies, in developing planning policies, Infrastructure Delivery Plans and phasing of development to ensure that potential cross-boundary impacts on water quality and flood risk are addressed. Local Authority Services and the Water Environment 15

19 2.3.4 Integrating WFD issues into Local Plan preparation The NPPF refers to aspects of the plan preparation process which are important for integrating water issues and WFD objectives into Local Plan policies as illustrated in the diagram below. Integrating WFD and water environment issues into the Local Plan preparation process National Planning Policy Framework Evidence base including for example: River Basin Management Plans; EA data on local water body status, causes of poor status and local improvement priorities; Strategic Flood Risk Assessments; Water Cycle Studies; Infrastructure Delivery Plans. Joint working and discussions with partners E.g. Environment Agency, water companies, Natural England, Local Nature Partnerships and other Local Authorities. Local Plan Policies Area-wide policies and site specific policies for strategic development sites Plus potential use of Supplementary Planning Documents where they can help applicants make successful applications or aid infrastructure delivery Collaborative working on cross-boundary issues E.g. water supply, wastewater, flood risk, climate resilience, conservation and enhancement of natural environment. Sustainability Appraisal, Strategic Environmental Assessment (SEA), Habitat Regulation Assessments Advice Note on the Water Framework Directive for Local Authorities across the Midlands 16

20 Important steps in preparing a Local Plan include: Discussions with the Environment Agency and water companies to identify local water environment issues which need to be reflected in the plan. Review of sources of evidence, such as the River Basin Management Plans and the latest data available from the Environment Agency, which identify local water body status, likely causes of poor status, water supply and wastewater infrastructure issues and provide an understanding of how development might worsen or improve local water body status. Use of water cycle studies, whilst not a statutory requirement, can be valuable in identifying local water issues to reflect in Local Plans and also supports the duty to co-operate if undertaken in partnership with other local authorities in a subregion. Co-operative working with other local authorities, the Environment Agency and water companies on cross-boundary water issues such as water supply, wastewater treatment, water quality, flood risk, green infrastructure and climate change resilience. Reflecting water issues in Infrastructure Delivery Plans, including wastewater treatment infrastructure, water supply, flood risk management and green infrastructure. These are all important parts of demonstrating that the planned development (e.g. 20,000 new homes) can be delivered. Integrating water environment issues into sustainability appraisal, strategic environmental assessment (SEA) and habitat regulation assessments. A Water Cycle Study is an investigation into whether the local water environment has the capacity to support planned development, considering issues such as water resources and supply, wastewater collection and sewerage infrastructure, wastewater treatment infrastructure, water quality and flood risk. They consider options for mitigation in line with RBMP requirements and may recommend infrastructure improvements that need to be included in the local Infrastructure Delivery Plan together with a timetable for infrastructure development. The Wyre Forest District Water Cycle Strategy (2010), for example, assessed constraints and requirements that will arise from the scale of proposed growth on the water infrastructure of the district. Potential strategic development sites across the district were assessed in terms of flood risk, water resources, supply, wastewater collection/sewerage infrastructure, wastewater treatment, water quality and potential for water efficiency and SuDS, using a traffic light system as shown below. The findings have been used in identifying potential sites most suitable for development as illustrated in the extract below: Area Brownfield/ Greenfield Location Flood Risk Water Supply Sewerage Infrastructure Wastewater Treatment 0.8 Brownfield New Road Carters Site R G G G Y 1.0 Brownfield R&D Aggregates Site Y G G G R 0.1 Brownfield Park Lane Y G G G R 0.8 Brownfield Bed City Complex R G G G R 0.5 Brownfield Elgar House Green Street R G G G Y 15.3 Greenfield Former British Sugar Setting Ponds Y Y Y G G 0.1 Brownfield Mill Bank Garage R G G G R SUDS Key: Flood risk: G=low flood risk; Y=medium flood risk; R=significant flood risk. Water supply, Sewerage infrastructure and Wastewater treatment : G=little or no infrastructure upgrade needed; Y=minor infrastructure upgrade needed; R=major infrastructure upgrade needed. SuDS suitability: G=little or no restrictions for use of SuDS; Y=some restrictions identified for use of SuDS; R=major infrastructure upgrade required. The Environment Agency has prepared Water Cycle Study guidance (2009) available at Local Authority Services and the Water Environment 17

21 Infrastructure Delivery Plans (IDP) IDPs are prepared by local authorities, often at the sub-regional level, working with partners such as the Environment Agency, water companies, Highways Agency et al. They aim to identify the key infrastructure issues and requirements to support future development, housing and employment growth brought about by Local Plan policies, and represent a component of the evidence base to inform the preparation of local planning policy. Types of infrastructure covered in an IDP include physical, social and green infrastructure. IDPs take into account the investment plans of external partners such as water companies and also provides a mechanism to influence priorities of both internal (i.e. within the council) and external infrastructure providers. To help future development contribute to WFD objectives, it is important that water related infrastructure is covered in IDPs including: water supply, sewerage and wastewater treatment, drainage, sustainable drainage (SuDS), flood defences and green infrastructure (including river corridors and flood plains). The Environment Agency is able to work with local authorities and partners, such as water companies, in preparing the IDPs. Getting the right local evidence At a strategic level, effective local planning for water and WFD issues requires a strong evidence base to understand the current status of water bodies, risks to their future status, opportunities for enhancement, water supply and wastewater treatment infrastructure, green infrastructure and flood risk issues. In addition, more detailed evidence can be required to inform site specific planning policies. This evidence gathering should be informed by local knowledge, expertise and local needs. It can incorporate sub-regional analysis, reflecting the duty to co-operate and the fact that water issues often span local boundaries. Gathering evidence can also be cost-effectively embedded in the requirements of sustainability appraisal, strategic environmental assessment (SEA) and habitats regulation assessment. For example, the SEA should include a review of external policy objectives, including WFD priorities identified in River Basin Management Plans, and provide an assessment of the environmental impacts of planning policies, including impacts on the water environment. Sources of information to inform Local Plan policies relating to water bodies and the WFD The Environment Agency is keen to support the data needs of local authorities. There is a system called DataShare, which authorities can sign up to for free to access data. Details can be found at the Geostore where local authorities can register and then see what datasets are available. If datasets that local authorities require are not available on DataShare, they can contact the Environment Agency national customer contact centre (enquiries@environment-agency.gov. uk) or a local Environment Agency office. The Environment Agency website has detailed information for each River Basin Management Plan, including information on the WFD status of different water bodies and local priorities for meeting WFD objectives: Humber River Basin gov.uk/research/planning/ aspx Severn River Basin uk/research/planning/ aspx Further detailed information on a particular stretch of watercourse can be found using the In my backyard section of the Environment Agency website. Data can be found based on postcode information. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 18

22 2.3.5 Examples of Local Plan policies which contribute to WFD Objectives Local planning policies which can contribute to WFD objectives include those which: require that development proposals do not lead to deterioration of WFD water body status, and which help to conserve and enhance watercourses and riverside habitats; encourage development proposals to improve the water environment, e.g. restoring natural watercourses through the removal of culverts and hard engineered structures, physical improvements to riverbanks and habitats, development of green infrastructure, overcoming barriers to fish movement, urban regeneration or conservation projects, especially in relation to water bodies rated as having poor ecological status; protect sensitive locations, for example wetland habitat and local abstraction points that may be protected areas in the RBMP; require upgrades to local water infrastructure (water supply, wastewater sewerage and treatment, flood risk management, sustainable drainage and green infrastructure), for example, for strategic development sites in site specific/site allocation policies and Infrastructure Delivery Plans; require planning applications that result in wastewater or surface water to be drained to be accompanied by a water management statement which identifies water cycle issues relevant to the development proposal and the means of addressing these; require developments which adjoin a watercourse to be set back to enable access and enhancement of bankside habitats; require efficient use of water in new buildings and refurbishments, and if justified by local evidence, higher levels of water efficiency beyond those set out in Building Regulations Part G; encourage the incorporation of sustainable drainage systems into new developments and retrofit of SuDS to reduce the risks of flooding and enhance water quality and ecology; require the use of environmental assessments for any proposed schemes where the local evidence shows that development might have significant impacts on water bodies. Local Authority Services and the Water Environment 19

23 Examples of local planning policies relating to WFD issues are provided below. Peterborough City Council - Planning Policies Development Planning Document (Submission Version, April 2012) Policy PP14 - The Landscaping and Biodiversity Implications of Development Planning permission for the development will only be granted if the proposal makes provision for: (d) the protection and, where necessary and feasible, the enhancement of water quality and habitat of any aquatic environment in or adjoining the site. For riverside development, this includes the need to consider options for riverbank naturalisation (see Flood and Water Management SPD for further guidance). (para ) Most development near a river or watercourse will have the potential to impact on water quality and, in turn, the biodiversity of the water body. The Water Framework Directive (WFD), requires achievement of good ecological status in all surface freshwater bodies by 2015, and no deterioration in water body status. The council is keen to embed the actions to meet the WFD into local policy to ensure that development does not compromise achievement of WFD requirements. Water quality is not the only contributor to ecological status; the landscaping of the river is also crucial. Naturalisation of river banks, where hard surfaces currently exist, can make a significant contribution to biodiversity, creating and improving habitats for native species. Further guidance on implementation of policy PP14 is provided in Peterborough s Flood and Water Management Supplementary Planning Document (Consultation Draft, Feb 2012). This provides guidance on topics such as sustainable drainage Systems (SuDS), surface water connections to sewerage systems, water quality, aquatic habitats and river naturalisation. The Flood and Water Management SPD includes requirements for development applications, such as: SuDS techniques must be considered for all sites and new development must include permeable areas. All SuDS schemes must protect and enhance water quality by reducing the risk of diffuse pollution. If the site is brownfield and in an area of combined sewers, it is expected through regeneration that surface water will be removed from the combined system. No new surface water connections to the combined or foul systems. The applicant is required to show that where practicable, the SuDS scheme has been designed to benefit biodiversity, wildlife and ecology. Where possible, schemes should consider how the site and the incorporated green infrastructure can connect to the Peterborough Green Grid. If a site adjoins a watercourse, development must be set back to allow for access and the development will be expected to drain to this watercourse. Where applicable, culverted watercourses should be opened up to create more natural drainage. In addition, the SPD states that: Ground conditions on brownfield land potentially affected by contamination should be investigated prior to decisions being made about design of drainage systems. Riverside development must be set back from the water s edge, allowing a corridor between the two environments to allow access for maintenance and for habitat and ecological benefits. Riverside development is likely to want to use the river to enhance aesthetics of the location. Landscaping measures should be co-ordinated with the Environment Agency to provide ecological benefits. Naturalisation and improvement of river banks and the surrounding water environments has the most direct and measurable impact on water bodies and their status. Hard surfaces or bank edges can be softening and planted to contribute to biodiversity; creating and improving habitats for native species. Assessment of Impacts guidance from the Environment Agency on assessing the WFD impacts of developments may be included in the SPD when this guidance develops. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 20

24 South Staffordshire District Council Core Strategy Development Planning Document Publication Document (Feb 2011): Policy EQ7 Water Quality Development will be permitted where proposals do not have a negative impact on water quality, either directly through pollution of surface or groundwater or indirectly through overloading of Wastewater Treatment Works. Consultation must be held with Severn Trent Water ahead of the progression of any potential development to ensure appropriate wastewater infrastructure is in place in sufficient time, particularly where potential development will depend on Codsall, Penkridge and Wombourne Wastewater Treatment Works where there is a known capacity restriction. Further site specific analysis of any development proposals located in proximity or upstream of environmentally significant sites, including Sites of Special Scientific Interest (SSSIs), and European Sites including Mottey Meadows Special Area of Conservation (SAC) will be required before development commences to demonstrate that the development will have no adverse effect on environmentally significant sites. Non mains drainage will not be permitted where it is likely to cause adverse effects at sensitive ecological sites. Development proposals within the River Sow, River Stour, River Worfe and Wom Brook watercourse catchments must not adversely affect the water quality and where possible take measures to improve it. All planning applications must include a suitable Sustainable Drainage (SuDS) scheme, scheme, and greater detail will be considered in a Sustainable Development Supplementary Planning Document. Lichfield District Council Water Quality NR7 (Draft Core Strategy) Development will be permitted where proposals do not have a negative impact on water quality, either directly through pollution of surface or ground water or indirectly through overloading of Wastewater Treatment Works. Development proposals within the following watercourse catchments may be impacted by water abstraction and wastewater treatment limitations: Low Water Quality Poor Ecological Status Moderate Ecological Status Ford Brook Burntwood Brook Black Brook Footherley Brook River Tame River Trent Burntwood Brook Ford Brook Moreton Brook River Blithe River Mease In line with the objectives of the Water Framework Directive, development must not result in any waterbody failing to meet the class limits for the status class declared in the final River Severn and Humber River Basin Management Plans. Local Authority Services and the Water Environment 21

25 Good practice by local authorities in promoting WFD objectives through local planning policies Get advice from the Environment Agency during Local Plan development (particularly at the early stages), including on the latest data on local WFD issues, status of water bodies and local WFD improvement priorities (e.g. information contained in RBMPs), to feed into the evidence base. Consult water companies about future development, infrastructure plans and water company investment plans, including discussion on timescales for new developments and water company investments in water supply and wastewater treatment infrastructure. Draw upon evidence and information such as River Basin Management Plans, Water Cycle Studies, surface water management plans, strategic flood risk assessments and Environment Agency investigation data on causes of local water quality problems. Area action plans consider WFD issues in relation to specific strategic development sites and the measures required to protect and enhance water bodies e.g. use of SuDS. Early engagement with the Environment Agency will again be beneficial. Duty to co-operate work with neighbouring local planning authorities and other bodies such as the Environment Agency and water companies in considering strategic/crossboundary water issues, such as provision of infrastructure for wastewater treatment and water supply; measures to address the causes and consequences of climate change, including managing flood risk; green infrastructure development; and protection and enhancement of the natural water environment. A shared evidence base on water related issues (e.g. within a Water Cycle Study) is an excellent way of demonstrating that a co-operative approach has been adopted. Develop local planning policies which reflect local WFD priorities, e.g. the need to reduce urban diffuse pollution, improve the ecology of river corridors or re-naturalise water course channels. Water management statements require planning applications that result in wastewater or surface water to be drained, to be accompanied by a water management statement which identifies water cycle issues relevant to the development proposal and the means of addressing these. Supplementary Planning Documents (SPD) if a local area has significant water issues (e.g. quality or resources), potentially use Supplementary Planning Documents to provide additional information to help applicants make successful applications (whilst not adding unnecessarily to the financial burdens on development ). Good examples of SPDs include Peterborough City Council s Flood and Water Management Supplementary Planning Document (Consultation Draft, Feb 2012); Wychavon s Water Management SPD; and West Wiltshire s SPD, the River Biss Public Realm Design Guide. Infrastructure delivery plans integrate water issues and green infrastructure into Infrastructure Delivery Plans, covering issues such as water resources, wastewater treatment infrastructure, water quality and green infrastructure to generate WFD benefits. Use sustainability appraisal, strategic environmental assessment and (where required) habitats regional assessments to help develop planning policies which contribute to WFD priorities identified in the River Basin Management Plans and the wider evidence base. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 22

26 2.4 LOCAL AUTHORITY DEVELOPMENT MANAGEMENT FUNCTIONS The National Planning Policy Framework stresses the importance of the development management process in the delivery of sustainable development. The process is also central to shaping the way that developments affect the water environment and contribute to meeting WFD objectives. Development management processes should ensure that individual developments meet local planning policies relating to the water environment for example, policies (see Section above) to: protect Stage in the development management/ planning application process: Applicant encouraged to have pre-- application advice from LA and enhance the water environment; prevent pollution to groundwater and surface waters; address flood risk; enhance riverside access and habitat; promote water efficiency and water quality improvements through the use of SuDS and green infrastructure. The flow diagram below shows typical stages in the development management process and indicates how consideration of WFD issues can be integrated into the process. Possible ways of integrating WFD issues into the process: LA may advise applicant about need to consider relevant water issues e.g. water efficiency, drainage/suds, pollution control, naturalisation, deculverting etc. Where relevant, applicants can be referred to a SPD relating to water issues. LA or applicant may seek advice from the Environment Agency on potential water issues Applicant completes planning application Application is checked by LA to ensure all required details are included LA issues site notices, notification of adjoining owners and statutory consultees LA planning officer evaluates information received, visits site LA assesses application against Local Plan policies and other relevant considerations LA officer makes recommendation or passes application to Development Management committee to consider Applications may need to include information on how water issues are addressed e.g. in a Water Management Statement, drainage strategy and environmental impact assessment covering WFD issues (drainage, water quality, habitats, flood risk etc). LA checks could include ensuring that information on potential water related issues, impacts and mitigation is included. LA passes application to EA, water companies et al if application has potential water related issues. EA responds to LA on these issues and mitigation. LA could discuss points raised by EA and identify possible mitigation and conditions to address potential impacts. LA may seek advice and discuss points with EA, water companies et al on potential water issues and mitigation. Recommendations may include planning conditions relating to water issues. Permission granted or refused. Conditions may be added. Applicant s right of appeal. Construction phase Building Control checks compliance with Building Regula@ons, including drainage. Local Authority Services and the Water Environment 23

27 The table below summarises ways in which new developments can be designed to contribute to WFD objectives and mitigate potentially negative impacts on water bodies. Mitigating potential impacts of developments on water bodies Potential impacts of developments on water bodies: Diffuse pollution in surface water runoff from development sites Drainage misconnections Sediment runoff from land, including during construction phase Pollutants from contaminated land entering surface water and groundwater Increased water demand and risk of over-abstraction Physical man-made modifications to water bodies Impacts on water body ecology and habitats Potential measures for mitigating impacts: Use SuDS to reduce volumes and improve water quality of surface runoff, e.g. permeable surfaces and reed beds see Section 2.5 for further information. Incorporate permeable areas into new developments. No new surface water connections to combined sewer 17 or foul systems. If the site is brownfield and in an area of combined sewers, remove surface water from the combined system. Potential use of wastewater treatment systems if required after other measures. Request drainage plan from applicant. Check for correct drainage connections during building control site inspections. SuDS schemes to reduce sediment runoff. Require environmental management practices during construction phase to control surface runoff. Require contaminated land to be remediated or contained to avoid pollution seeping from land into rivers or groundwater. Investigate ground conditions on brownfield land potentially affected by contamination prior to decisions about design of drainage systems. Require that contaminated land if disturbed during construction will not have negative impacts on water bodies. Water efficiency measures (e.g. water efficient bathroom fittings, greywater systems and water butts for garden use) in new and refurbished developments. Include design features that promote more natural watercourses. Existing hard surfaces or banks can be softened or planted. Investigate opportunities for opening up previously culverted watercourses to create more natural drainage. Do not permit developments if they significantly modify natural watercourses that leads to deterioration in WFD status 18. SuDS scheme should be designed to benefit biodiversity, wildlife and ecology. Developments adjoining watercourses should be set back to allow for access and habitat improvement. Connect the site and its green infrastructure to wider green infrastructure networks in a local area. Require appropriate form and landscaping of riverbanks to enhance habitats, e.g. re-profiling of banks, creation of reed beds and wetland habitat. Landscaping measures to enhance aesthetics of riverside developments should be designed to provide ecological benefits. Note: Issues of water supply, abstraction and wastewater discharge are dealt with by the Environment Agency and water companies. 17 Combined sewers carry foul wastewater and rainfall in the same pipes to a local wastewater treatment works for treatment prior to discharge to a suitable local watercourse or the sea. Houses built since the mid-1960s generally have separate systems, while those built before tend to have combined systems. 18 Where impacts from development would cause deterioration solely because of physical modification, a local planning authority may be able to use WFD Article 4.7 to approve a scheme if certain conditions are satisfied, for example, where the social benefits of a project outweigh the environmental damage, and reasonable steps are taken to reduce the damage. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 24

28 The Environment Agency has prepared further information on potential measures for mitigating possible impacts of development and human activities on water bodies (such as physical modifications to watercourses). This is contained in the Water Framework Directive Mitigation Measures Manual, available on the Environment Agency s website 19. Case Study River and wetland restoration at Asda development in Andover The Asda development in Andover in Hampshire provides a good example of how planning and design processes have helped to deliver benefits relating to the WFD. The brownfield site of the new Asda store next to the River Anton in Andover had poor access to the river, was forgotten, silted up and generally in poor environmental condition with a heavily modified and poor ecological habitat. The new Asda development incorporated habitat creation, such as new wetland areas 10 metres wide along 250 metres of the River Anton, a rock ramp fish pass and otter holt and re-profiling of the river bed all greatly improving habitat continuity. It also brought water quality improvements through SuDS aspects of the surface drainage arrangements, maintained and improved flood risk management; and greatly improved access to the river with new riverside access to Bridge Street. Pre-existing brownfield site River habitat improvements, including creation of pools in river morphology New riverside habitat incorporated into the design scheme including creation of new wetland habitat 19 Water Framework Directive Mitigation Measures Manual Environment Agency website: Local Authority Services and the Water Environment 25

29 Building control inspections After planning permission has been granted and building work commenced, local authority building control or building regulation site visits are also important in protecting water bodies. For example, building regulation inspections of new buildings and extensions or refurbishments should include checks on drainage connections (under Part G of the Building Regulations) to identify any misconnection problems (e.g. foul water wrongly connected to surface water drains; or surface water wrongly connected to combined sewers where local planning policies do not permit this). Good practice in promoting WFD and water environment benefits through development management and building control functions In-house training and awareness raising (with support from Environment Agency) for local authority development management officers and elected members on the planning committee, on the water environment, water quality and WFD issues, including on SuDS, water efficiency and drainage misconnections. Also, training for drainage engineers, building control officers and highways engineers. Local authority actions to raise awareness amongst planning applicants/developers about local planning policies relating to the water environment, the evidence base which underpins the policies and practical ways in which policies can be reflected in development applications; plus guidance on information on water issues that needs to be included in planning applications (e.g. in water management statements). Possible use of supplementary planning documents. Identify proposed developments that may affect water bodies as early as possible, drawing on advice from the Environment Agency and information on local WFD priorities. Use of early pre-application discussions with developers including on WFD issues such as sustainable drainage and re-naturalisation of watercourses, where relevant. Consulting the Environment Agency on planning applications which have potential impacts on the water environment, priority local watercourses requiring improvement or opportunities for enhancing water quality and environment. Incorporating water quality/wfd issues into validation checklists or requiring the use of water management statements to accompany planning applications, covering drainage, SuDS, water efficiency etc. see Peterborough s SPD on Flood and Water Management for an example. Use of site specific environmental impact assessments, incorporating water environment issues, to identify potential impacts on the water environment and means of mitigating impacts. Local authority building control officers checking for issues such as drainage misconnections during site visits to sign off building work, in line with building regulations. Monitoring having appropriate indicators to monitor the effectiveness of implementation of Local Plan policies relating to the water quality, flood risk, drainage, SuDS etc., for example: number of planning permissions granted that are contrary to SuDS guidance issued by the local authority; the number of planning permissions granted that are contrary to the advice of the Environment Agency on water quality or flood risk grounds; the number of brownfield development planning permissions granted which reduce surface water flows into sewers. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 26

30 2.5 LOCAL AUTHORITY DRAINAGE, FLOOD RISK MANAGEMENT AND SUDS FUNCTIONS Legislation in the form of Flood Risk Regulations (2009) and the Flood and Water Management Act (2010) gives local authorities significantly enhanced roles in drainage, flood risk management and sustainable drainage systems (SuDS): County councils and unitary authorities are now designated as lead local flood authorities (LLFA) to manage local flood risk from surface water runoff, groundwater and ordinary watercourses, i.e. not main rivers 20. The Environment Agency is responsible for managing flood risk from main rivers, the sea and reservoirs. LLFAs must develop, maintain, apply and monitor a strategy for local flood risk management in their area. Local flood risk management strategies must be informed by strategic studies and initiatives such as River Basin Management Plans, catchment flood management plans, strategic flood risk assessments and surface water management plans. All interested parties will need to be consulted including those involved with River Basin Management Plans under the Water Framework Directive. This highlights the important and close links between these complementary areas of flood and water management regulation. LLFAs also have a regulatory (and enforcement) role on ordinary watercourses. Anyone constructing or altering structures and culverts on these watercourses must obtain the consent of the LLFA. In determining applications for consent, the LLFA must take account of the WFD. District councils and LLFAs have powers to carry out works on ordinary watercourses. They may implement and maintain flood defences on ordinary watercourses; and also take enforcement action against any persons (known as riparian owners ) failing to maintain a watercourse for which they are responsible. LLFAs, district councils and highways authorities have a duty to contribute to sustainable development in discharging their flood risk management functions which fits well with the ecological, environmental and water quality objectives of the WFD. Forthcoming SuDS Approving Body (SAB) roles: The Flood and Water Management Act also establishes a SuDS Approving Body (SAB) at county or unitary local authority levels. The SAB will have responsibility for the approval of proposed drainage systems in new developments and redevelopments, subject to exemptions and thresholds. In order to be approved, the proposed drainage system would have to meet new national standards for sustainable drainage. All developments with significant drainage implications (to be defined by national government in due course) will be required to install SuDS. Drainage strategies for such sites will be submitted for review by the SAB. If the drainage strategy is approved, the SAB will then vet the construction of the SuDS as they are built. If approval is not given for the drainage strategy then development is not allowed to start on site, regardless of whether or not the site has planning permission. The SAB will be responsible for adopting and maintaining SuDS which serve more than one property, where they have been approved. Highways authorities will be responsible for maintaining SuDS in public roads, to national standards. Defra has consulted on SuDS standards, and these include standards relating to water quality e.g. the number of SuDS treatment stages needed to reflect the sensitivity of the receiving surface water bodies and the level of pollution risk from different types of site e.g. roof drainage (low risk); residential, commercial and industrial sites (medium risk); and high risk areas such as areas used for handling and storage of chemicals and fuels. To accompany the new SuDS Approving Body (SAB) roles, Defra will be producing detailed guidance on SuDS. As a result, this Advice Note does not seek to duplicate any forthcoming guidance, and instead briefly describes various SuDS techniques and outlines how SuDS can generate WFD and water quality benefits. 20 Ordinary watercourses are a statutory type of watercourse in England and Wales which include a river, stream, ditch, drain, cut, dyke, sluice, sewer (other than a public sewer) and passage through which water flows and which does not form part of a main river. A main river is another statutory type of watercourse, usually larger streams and rivers. Local Authority Services and the Water Environment 27

31 Sustainable Drainage Systems (SuDS) SuDS perform one or more of four key functions infiltration; storage and attenuation; flow control; and treatment of water. They can be installed in new developments or retrofitted into existing sites. They cover the whole range of techniques including those outlined in the table below. SuDS bring multiple benefits. As described in the following tables, as well as helping to reduce flood risk, they can also help to improve the quality of water entering the watercourse, provide ecological benefits, help areas adapt to climate change and can significantly contribute to the quality of a development through their amenity, biodiversity and social benefits helping to create attractive places, which can increase the value of properties and encourage people to use the outside space. SuDS will become increasingly important because of the expected increase in intense rainfall events due to climate change, which will increase the likelihood of surface water flooding. Examples of SuDS technique Basins, ponds and wetlands Filter drains Description and benefits These receive and store surface runoff from other SuDS schemes within the surrounding area. They offer the benefits of attenuating the flow of surface water, providing a storage function, and improving water quality through filtration, sedimentation and biodegradation (for example, through the use of reed beds). Often linear drains filled with permeable material, these are a form of source control that can be used to improve the quality of water directed into them. They also help to attenuate flow of runoff before it reaches a sewer or watercourse. Filter strips These are generally sloping areas of land, planted with grass and / or shrubs, and usually lie between a hard surface and a water body such as a stream or lake. Surface runoff is directed through the filter strip, thereby attenuating the flow, allowing for infiltration and the removal of pollutants. Green roofs Infiltration trenches and soakaways Permeable surfaces Rainwater harvesting Swales Roofs covered by turf can intercept rainwater at source, thus reducing runoff rates. They can also provide a treatment function by absorbing pollutants. Green roofs also encourage biodiversity. Infiltration devices such as trenches or soakaways in urban parks increase absorption of runoff generated across a development site; thereby improving water quality via filtration and by encouraging breakdown of organic matter. Permeable surfaces can be used in urban car parks and pavements. They allow infiltration, help filter out pollutants and aid biodegradation of organic matter. Rainwater harvesting, e.g. collecting runoff from roofs in water butts, provides water for non-potable uses such as flushing toilets and watering vegetated areas. Swales are a form of source control. They consist of grass verges or channels designed to convey rainwater runoff allowing for infiltration, attenuation of flow and a reduction in sediment load and pollution levels. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 28

32 SuDS techniques for generating water quality, environmental and water quantity benefits SuDS techniques: Water quality improvements Environmental benefits Water quantity benefits Aesthetics Amenity Ecology Conveyance Detention Infiltration Water harvesting Water butts, site layout & management l l l l l l. l Permeable pavements. l l l.. l Filter drain... Filter strips. l l l l l l Swales. l l l.. l Ponds..... l. Wetlands.... l.. Detention basin. l l l. Soakaways.. Infiltration trenches. l.. Infiltration basins. l l l.. Green roofs.. l.. Bio-retention areas Sand filters.. l Silt removal devices. Pipes, subsurface storage l.. Key:. Significant potential benefits l Some potential benefits subject to design (Source: adapted from the CIRIA SuDS Manual, Table 1.7 and the Peterborough City Council draft Flood and Water Management SPD). Costs of SuDS The Government s SuDS consultation (December 2011) stated that SuDS should not be more expensive than an equivalent conventional drainage design. The consultation included an annex containing details and case studies on SuDS costs, including in comparison with traditional drainage schemes it is noted however, that SuDS costs can be highly variable depending on the characteristics of specific sites. The new SuDS Approval Bodies (SABs) will involve affordability discussions with developers and it is expected that Defra will develop further detailed guidance on SuDS costs during Other sources of information on SuDS include: the Environment Agency s publication Sustainable Drainage Systems (SuDS) A Guide for Developers CIRIA The SuDS Manual (2007) and SuDS training courses CIRIA publication Retrofitting to manage surface water (CIRIA ref. C713) (March 2012). Further information on SuDS in relation to highways is provided in Section 2.6. Local Authority Services and the Water Environment 29

33 Case Study SuDS water quality benefits Lamb Drove, Cambourne, Cambridgeshire Lamb Drove is located in Cambourne, a new settlement 13km west of Cambridge. It is part of a large residential development and comprises 35 affordable homes (built by Cambridge Housing Society) on a one hectare site. The aim of this SuDS project was to showcase practical sustainable water management techniques in residential developments. Monitoring has demonstrated water quality benefits, as well as flood risk, ecological and economic benefits. The project demonstrated that SuDS are a viable and attractive alternative to more traditional forms of drainage. A range of SuDS measures were used to demonstrate different techniques and the use of a management train from prevention to site control and regional control techniques. The measures include: water butts to collect rainwater for use in gardens; permeable paving in roads and car parking areas; a green roof; swales; detention and wetland basins; and a retention pond. being released to a local drainage ditch outside the development site. When the capacity of source control measures are exceeded the excess water is safely stored and treated in larger SuDS features integrated within public open space until the flood risk has passed. Such measures also contribute to the provision of green space, green infrastructure, visual amenity and promoting wildlife. Swales most of the excess water from the site is fed into a series of shallow open channels, further slowing the flow of water and continuing the water treatment process As shown in the plan on the next page, the scheme uses drainage techniques in series to improve water quality and controls quantity of runoff, flow rates and volumes. It mimics as far as possible the natural pattern of drainage prior to development and uses techniques to manage runoff as close as possible to source. At Lamb Drove measures have been kept simple, natural and visible. The aim is to control runoff starting as close as possible to its source. Rain falling on roads or paths will pass through the permeable block paving, where it is filtered and stored in the permeable layer of crushed rock below, or flows into under-drained swales where water is treated and conveyed. Water then travels downstream through a series of swales, detention basins and wetlands until it reaches a final retention pond, where it is stored before Detention Basin Permeable Paving Advice Note on the Water Framework Directive for Local Authorities across the Midlands 30

34 Case Study SuDS water quality benefits Lamb Drove, Cambourne, Cambridgeshire (continued) Benefits in reducing urban diffuse pollution and improving water quality A controlled experiment has been carried out which compares water quality and attenuation of water after rainfall at two sites Lamb Drove (SuDS) and Friar Way (traditional drainage). Results from the first year s monitoring are as follows: In comparison with the control site the SuDS scheme is acting to improve water quality; illustrated through reductions in concentrations of a variety of pollutants and other indicators. Suspended solids are generally below expected levels. Quantitative evidence of a benefit in relation to phosphorus, nitrogen, chemical oxygen demand (COD), biochemical oxygen demand (BOD) and ammonia. The SuDS site shows significant attenuation in discharge following rainfall events. SuDS features act to delay discharge of water from the site. Source and further information available at Good practice by local authorities in promoting WFD and water environment benefits through their flood risk management, drainage and SuDS roles Establishing planning policies in Local Plans which support the use of SuDS and encourage SuDS schemes to generate water quality and ecological benefits. Establishing planning policies which promote the use of green infrastructure to reduce the risk of floods, improve water quality, ecological status of water bodies and contribute to WFD objectives. Raising awareness amongst local developers and planning applicants of SuDS techniques which promote water quality and ecological benefits, as well as the requirements of local planning policies on SuDS and information that needs to be included with planning applications. Inclusion of questions relating to SuDS and water quality benefits in development management validation checklists or water management statements used in planning applications. Local authority drainage and flood management officers reviewing planning applications to flag up any applications with potential drainage and flood risks and opportunities for integrating SuDS. In-house training (with support from the Environment Agency and Defra) for local authority officers (e.g. planners, development management staff, drainage officers) and elected members on planning committees to raise awareness of SuDS techniques, including those which bring water quality benefits. Local Authority Services and the Water Environment 31

35 2.6 LOCAL AUTHORITY HIGHWAYS FUNCTIONS Local authority functions relating to highways differ between unitary and upper tier (county) authorities, and district level authorities. The Highways Agency is responsible for motorways and trunk roads. Unitary and upper tier authorities are the local highway authorities with statutory responsibility for the nontrunk road network, including determining planning applications relating to highways, highways design, managing highway drainage, maintenance activities for drains and gulleys, resurfacing and repairing of highways, salting and gritting, managing streetworks by others such as utility companies. District council responsibilities relating to highways include public car parks and street cleansing. Some district councils also deliver highway maintenance services contracted-out by county councils. Highways and WFD objectives Roads are a major source of diffuse pollution and a key target area for the WFD, both in terms of controlling the volume and the water quality of highways runoff. Runoff can carry a mix of polluting substances, such as oils, toxic metals, pesticides, salts and sediments which can seriously affect surface and groundwater bodies, as well as increasing local flood risk. Highways design can also affect the morphology of watercourses, including through the use of artificial channels and culverts. Controlling impacts on water bodies There is a growing appreciation of how good practice in highways design, use of SuDS, highways maintenance and cleansing regimes can provide cost effective solutions for controlling volume and quality of highways runoff. These practices are supported by standards and guidance such as: the Highways Agency s Design Manual for Roads and Bridges 21, which includes volumes on topics such as drainage (Volume 4), environmental design (Volume 10) and environmental assessment (Volume 11); the Memorandum of Understanding between the Environment Agency and Highways Agency 22 (including Annex 1 Water Environment and Annex 3 Incident Management); the Scottish Environmental Protection Agency (SEPA) publication SuDS for Roads 23 (2010) which includes information on SuDS for new roads, retrofitting of SuDS and whole life costs of SuDS; and information on the Highways Agency s website 24 on Dealing with Water Quality and Flood Risk within the Highways Agency. 21 Highways Agency s Design Manual for Roads and Bridges SuDS for Roads Advice Note on the Water Framework Directive for Local Authorities across the Midlands 32

36 Examples of good practice in local authority highways functions to protect the water environment and provide WFD benefits Assessment of pollution and flood risk from new and existing road networks: Use of environmental assessment tools (incorporating consideration of the water environment) for ensuring that new road projects minimise water pollution and flood risk. Where a potential pollution or flood risk is identified as part of an environmental impact assessment, decisions and drainage design should be used to mitigate these risks. Working with the Environment Agency in identifying water pollution and flood risk potential from existing road networks, identifying any high risk areas. Working with the Environment Agency in identifying permitting requirements for discharges from highways into watercourses. Developing a programme of works to install treatment or containment measures at existing highways drainage outfall sites that have been identified as posing a potential pollution risk. Road design: Design of road drainage for new roads including appropriate SuDS to channel and attenuate excess water from roads to prevent flooding and improve water quality, as well as using engineered solutions using infiltration, storage and attenuation, flow control and water treatment. Potential techniques include the use of: porous surfaces, such as porous asphalt and block paving; kerbs and gullies, incorporating gulley pots, sediment traps, silt traps and oil separators; swales shallow vegetated channels designed to convey road runoff and treat pollutants; roadside filter drains, sand filters, infiltration trenches and vegetated filter strips alongside roads; engineered stormwater filtration and treatment systems; bioretention shallow landscaped depressed areas that are under drained and rely on enhanced vegetation and filtration to reduce runoff volumes and remove pollutants; storage and overland flow using ponds, wetlands, basins, balancing ponds, soakaways and detention/infiltration basins. Where roads are constructed through brownfield contaminated sites, measures will be required and SuDS schemes will need to be designed carefully to prevent pollutants seeping out of contaminated soils into surface or groundwater. Highways design to reduce impacts on water body morphology. Retrofitting of SuDS into an existing road scheme for example during road reconstruction and resurfacing work, new development or residential expansion. SuDS techniques which can be suitable for retrofit include: installation of sediment traps, silt traps and oil separators, roadside filter strips, basins, ponds, filter drains, swales and porous road and pavement surfaces. Highways/street maintenance: Highways maintenance to ensure blockages are prevented and drainage systems perform effectively. Cleaning of gulley pots and silt traps/ catchpits, more frequently in known pollution trouble spots. Cleaning and vacuum sweeping to prevent clogging and ponding on permeable surfaces. Frequent street and gulley cleansing regimes to reduce the risk of pollution from highways runoff, including avoiding spikes in pollutant levels arising during heavy rain after periods of dry weather. Clearing litter and blockages from highways drains. Management of winter salt and gritting operations to minimise polluting runoff and impacts on the water environment. Management of pesticide and herbicide use alongside roads to avoid impacts on water quality and water body ecology, including training of spray operators. Accidental spillages and incident response: Close working by local authorities with partners such as the Environment Agency and fire and rescue service to control pollution risk from accidental spillages of fuels, chemicals or other polluting materials on highways or incidents. Staff trained in the use of spill containment kits, on highways and highways depots. Storage of materials at local authority highways depots to avoid pollutants entering surface water drains. Local Authority Services and the Water Environment 33

37 Examples of SuDS techniques for highways Ponds Porous paving Filter strips and silt traps Bioretention Swales/vegetated channels Bioretention (section) Porous asphalt and impermeable geomembrane Source: SuDS for Roads SEPA (2010) Advice Note on the Water Framework Directive for Local Authorities across the Midlands 34

38 Case Study Islington Borough Council Skinner Street An evaluation by Islington Council of the road layout at Skinner Street identified a number of possibilities for integrating SuDS into the redesigned road junction: Permeable surfaces resurfaced with permeable block paving or porous asphalt. Kerb extension where a reduction in on-street parking or carriageway width is acceptable, the resulting space can be used as bio-retention features. Use of planted areas for SuDS. Using space within road intersections for SuDS planters to collect highways runoff. Nearby public parks offer SuDS retrofit opportunities by collecting shallow runoff, and provide SuDS amenity within the park before release of remaining water to the sewer using bioretention basins. These SuDS features have the potential to reduce the amount of water entering local sewers, improve the water quality of highways runoff and provide amenity opportunities for the local community. Source: Islington Council Promoting Sustainable Drainage Systems Design Guidance for Islington Local Authority Services and the Water Environment 35

39 2.7 LOCAL AUTHORITY ENVIRONMENTAL HEALTH AND POLLUTION CONTROL FUNCTIONS Good practice by local authorities in promoting water framework directive (WFD) and water environment benefits through environmental health and pollution control functions Misconnections: Working with the Environment Agency and water companies in raising awareness amongst households, businesses, building and plumbing companies about the problem of misconnections and potentially using Building Act (Section 59) powers to require misconnections to be rectified. Environmental management: Working with the Environment Agency on campaigns to raise awareness amongst businesses and industrial estates of surface water pollution and practical steps for reducing pollution risk, especially on local authority owned industrial estates. Discouraging, removing and, if appropriate, issuing penalties for litter and waste dumped into watercourses. Pollution control: Local authority permitting of installations categorised within A2 and Part B of the Pollution Prevention and Control (England and Wales) Regulations 2000, regulated by local authorities under local authority integrated pollution prevention and control (LA-IPPC). Statutory nuisance and planning consents: Using planning consents and statutory nuisance duties to prevent water pollution from unauthorised operations, such as unauthorised car washing operations which lack planning permission. Addressing misconnections Misconnections occur when foul wastewater (e.g. from toilets, washing machines etc.) is wrongly connected into surface water drainage systems which eventually discharge into local rivers and brooks, rather than being connected to foul water sewers which discharge to wastewater treatment facilities. They can also occur when surface water drains are wrongly connected to foul sewers, increasing the risk of sewer flooding and overflows into watercourses. Working with the Environment Agency and water companies, local authorities can play a key role, linked to powers established by Section 59 of the Building Act 1984 relating to the satisfactory provision of drainage for existing buildings. Where the private drainage is unsatisfactory or is a hazard to health or a nuisance, the local authority can serve notice requiring the owner to make satisfactory provision for the drainage of the building. If the person on whom the notice is served fails to execute the works then the local authority has powers to enter buildings (Section 95 of the Act) to carry out works and recover its costs from the householder, in doing so under Section 99 of the Act. Local authority building control teams also have an important role to play during building regulation inspections of building work, by checking that foul drainage connects to a public foul sewer or combined sewer, as required by Part G of the Building Regulations. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 36

40 Case Study Rectifying misconnections in Torbay to achieve water quality improvements From March 2010 to December 2011, Torbay Council worked with the Environment Agency and South West Water to reduce pollution entering local watercourses caused by drainage misconnections. The work has involved: Monitoring and investigation: The Environment Agency and South West Water undertook visual inspection and water quality monitoring to identify watercourses affected by misconnections. Dye testing and visits was then used to identify properties with misconnections, including households, businesses and hotels. Correcting misconnections: Once identified, the EA, Torbay Council or South West Water notified the property owner or householder that they have a misconnection problem and that they needed to correct it to avoid pollution and a potential fine. In 95% of cases the householder or property owner then undertook work to rectify the misconnection. In the remaining 5% of cases, Torbay Council served enforcement notices under section 59 of the Building Act which gives the Council the power to correct he misconnection and recharge the cost to the owner. Training is also being provided to Torbay Council s Building Control officers and Environmental Health officers by South West Water and the Environment Agency to raise awareness of misconnections and help them to identify problems, including via building control inspection visits. Awareness raising: The council has also worked with the Environment Agency and South West Water in raising public and business awareness of misconnections and the importance of not pouring polluting substances down surface water drains, via local events, press and media campaigns and simple information leaflets included within council tax notices and building control literature (see overleaf). Testing water quality Improvements Achieved: Between March 2010 and December 2011, approximately 130 misconnections in the Torbay area were rectified, including households, car washes and industrial buildings. This stopped approximately 5,000 cubic metres of dirty water entering local watercourses. These reductions resulted in immediate water quality improvements, including to Torbay s bathing waters. The work has significantly reduced the risk of water bodies failing to meet WFD quality standards. Local Authority Services and the Water Environment 37

41 Case Study Washwood Heath Brook Birmingham City Council, the Environment Agency and partners Washwood Heath Brook rises in the Little Bromwich area to the east of Birmingham and is part of the River Tame catchment. It has suffered for years with pollution as a result of its urban location, but in recent years the pollution caused by fly-tipping and misconnections spurred the local community, the City Council, Environment Agency and partners into action. Misconnections caused foul water to discharge untreated directly into the brook which in turn caused odour problems and pollution killing water plants and fish and creating a grey mat of sewage fungus which coated the bottom of the brook. Local partners came together to tackle the problem: Birmingham City Council removed the piles of fly-tipped rubbish which was clogging the brook and cleaned and re-profiled a length of the brook in the park. Severn Trent Water surveyed the catchment and identified properties with misconnections. They alerted the owners to the problem as the householder is responsible for putting the situation right. The Environment Agency led on a publicity campaign to raise awareness of the problem of misconnections and fly-tipping and also sampled the water to monitor progress and improvements. Community service volunteers (CSV Environment) used their network of street Champions to help the local community to engage in the improvements. Before After Clearing the brook of debris and reducing pollution from misconnections has allowed the water to flow freely and created cleaner, clearer conditions helping to improve water quality, attract wildlife and improve the local environment for people. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 38

42 2.8 MANAGING A LOCAL AUTHORITY S OWN BUILDINGS, ASSETS AND GREENSPACE Good practice in local authority management of buildings, assets and greenspace to protect the water environment and provide WFD benefits include Greenspace management practices such as mowing regimes and buffer zones to reduce rates of runoff and potential pollutants entering local watercourses, management of pesticide use, control of invasive plant species and design of planting schemes to reduce demand for water. Design of local authority owned buildings and grounds, such as schools, offices, council owned housing, to incorporate sustainable drainage features, green infrastructure and water efficiency measures in buildings. Maintenance of sustainable drainage systems (SuDS) on local authority owned premises. Management of buildings and housekeeping to avoid pollution arising from drainage misconnections, spillages, chemical storage, preventing polluting substances going down surface water drains, vehicle washing etc. Raising awareness of water pollution and water efficiency issues amongst local authority tenants (domestic and business tenants). Work to conserve and enhance green infrastructure, including that linked to watercourses, including development of green infrastructure (GI) strategies and action plans. Local authority management of buildings, assets and greenspace activities can provide water environment benefits in a variety of ways: Mowing regimes: By reducing the frequency of mowing, the rates of surface water runoff can be reduced, thereby reducing sediment loading and risks of polluting substances entering watercourses. Longer grass areas have a greater capacity for water retention and infiltration, and buffer zones alongside watercourses also help to filter out potential pollutants and provide bankside habitat benefits. Invasive plant species such as Himalayan Balsam, Japanese Knotweed, Floating Pennywort and Giant Hogweed can have significant impacts on watercourse ecology, suppressing the growth of native flora, damaging habitat for insects and fish, impeding water flow and increasing flood risk. Responsibility for dealing with invasive weeds rests with individual landowners, including local authorities. Control efforts by individuals can help reduce the spread of invasive non-native species and are most successful if carried out as a catchment wide co-ordinated strategy with collaboration of all relevant parties. Information on management and control techniques are contained in documents such as the Environment Agency publication Managing invasive, nonnative in or near freshwater 25. SuDS design and maintenance: Effectively designed and maintained SuDS schemes on local authority sites and land can provide valuable flood management, water quality, ecological and amenity benefits. Examples of good practice approaches are available on the CIRIA website 26 and in guidance such as Operation and Maintenance of Sustainable Drainage Infrastructure 27. Use of pesticides/herbicides: Poor management of pesticide and herbicides can have serious effects on water quality and water body ecology. Training of spray operators and adoption of good practice such as in the Amenity Forum s briefing note on Pesticides and water protection for sprayer operators helps to minimise potential impacts on the water environment. 25 Environment Agency publication Managing invasive, non-native in or near freshwater (2010) Operation and Maintenance of Sustainable Drainage Infrastructure prepared for the DTI, available at Local Authority Services and the Water Environment 39

43 Water use in greenspace management: Good practice includes design of planting schemes to reduce demand for water through appropriate plant selection, grouping plants according to their watering needs, planting slopes with plants that will retain water and help reduce runoff, mulching around trees and plants to slow evaporation and introducing microclimatic changes such as wind barriers, shade cover and vegetative soil cover. Water efficiency measures: Recent droughts covering much of England have highlighted the need to increase levels of water efficiency. Section 83 of the Water Act 2003 imposes a duty on public authorities (including local authorities) to conserve water. Councils can save water in their own operations (e.g. buildings and greenspace management) and also encourage water efficiency practices amongst local residents, businesses and partners. Sources of advice that local authorities can signpost to include: Waterwise and water companies for domestic users; and WRAP, Waterwise, Business Link and the Environment Agency for business users. In addition, the Environment Agency provides advice and information to water abstractors. The box below shows examples of actions taken by Worcestershire County Council in response to drought conditions in Drainage and misconnections: Wrongly connected foul and surface water drains are a widespread cause of diffuse pollution. Local authorities can help to reduce these problems by ensuring that their buildings and assets (e.g. vehicle yards) have correct drainage connections; procedures for storage of chemicals and potentially polluting substances; labelling or colour coding surface water drains to avoid polluted substances being poured down them; ensuring that staff are aware and trained in use of drains and spill response measures; ensuring that spill response kits are available on sites with potential water pollution risks; and raising awareness amongst tenants (domestic and business) about water pollution. Actions to conserve and enhance green and blue infrastructure, such as the development of green infrastructure strategies and action plans including that needed to support of new development, population and housing growth. Examples of good practice include work by Worcestershire County Council With partners such as the Environment Agency, Natural England, Forestry Commission and Wildlife Trust to develop a strategic green infrastructure framework for the county which includes plans for integrating green infrastructure into strategic development sites. Case Study Worcestershire County Council local authority buildings Worcestershire County Council is committed to ensuring that the council s buildings are designed and managed in ways which minimise impacts on the water environment including through use of water efficiency measures, sustainable drainage and design for climate change resilience. Buildings also incorporate techniques to enhance energy efficiency, use renewable energy and reduce carbon emissions. features have been carefully designed to provide educational, water cost reduction, aesthetic and ecological benefits. Redhill Primary School in Worcester provides an excellent example of a building adapted to deal with future flood risk and climate change, incorporating sustainable urban drainage, swales, ponds, porous asphalt and hard surfaces, rainwater harvesting, water efficiency, green roofs, large roof canopies and overhangs, and enlarged guttering. These sustainable drainage Advice Note on the Water Framework Directive for Local Authorities across the Midlands 40

44 Examples of actions by Worcestershire County Council in response to drought conditions in 2012 Emergency response: Ensuring emergency water supply for properties reliant on private water supplies. Drought risk assessment. Water conservation (own buildings and activity): Identifying existing water consumption in council buildings and activities and identification of large water users for use in monitoring future use and progress with water efficiency. Working across Worcestershire County Council (WCC) services on activity to save water, via the resilience action plan. Discussions with Severn Trent Water on fitting water meters to individual pitches at County owned gypsy and traveller sites and recycling of surface water. Water use study at highways depot sites. Communications (internal staff and Councillors): Water butt promotion in County Hall reception. Water conservation messages to schools. E-learning module for Worcestershire County Council staff on water efficiency. Communications (external): Public messages about the current drought situation. Promoting behaviour changes to enhance water efficiency and conserve water. Including: a water butt promotion to the public and promotion of information about water conservation suppliers. Liaising with Severn Trent Water, the Environment Agency and district council to provide complementary communication messages on drought and water efficiency. Promoting schools water quality project where appropriate. Developing winter water storage guidance for agricultural land, with district councils, the Environment Agency and the National Farmers Union. Prepared briefing note on potential drought impacts on wildlife in Worcestershire watercourses, to inform discussions with the Environment Agency. Planning for future drought: Analysis of data from national climate projections (UKCP09) to obtain an indication for Worcestershire of how precipitation is likely to change over time. Each Worcestershire County Council Directorate is updating the Corporate Climate Resilience Action Plan to include planning for drought. Working with district councils to update their climate resilience plans to include drought and for coordinating water conservation messages. The WCC Strategic Planning and Development Management teams are working with partners to develop a Planning Advice Note on Winter Water Storage Reservoirs for agricultural businesses. Local Authority Services and the Water Environment 41

45 2.9 LOCAL AUTHORITY COMMUNITY LEADERSHIP, ADVOCACY AND PARTNERSHIP ROLES Behaviour change and awareness raising is needed to address many of the causes of poor water quality and diffuse pollution arising from, for example, polluting substances being poured down surface water drains, drainage misconnections, littering and dumping of waste in watercourses and inadequate control of spillages or housekeeping in businesses. Local authorities can play important community leadership, advocacy and partnership roles to help raise awareness and change behaviour in support of WFD objectives. Activities include working with communities and partners to deliver improvements to local watercourses, raising public and business awareness of water quality issues, encouraging change in behaviour to reduce diffuse pollution and increasing the use of water efficiency and SuDS measures. Examples are shown opposite. Good practice by local authorities in community leadership, advocacy and partnership for WFD benefits Local authority involvement in community led improvements of local watercourses, including access improvements, habitat improvements, litter clean ups, recreation and education activities; working with partners such as the Environment Agency, water companies, voluntary sector organisations and community groups. Good practice examples include the Sowe Valley project in Coventry, improvements to brooks in Birmingham, the WatersideCare programme in the Midlands region, OnTrent, Thames21 and RiverCare in the Anglian region. Funding for these types of community led improvement projects in recent years has come from a range of sources such as Defra, Heritage Lottery Fund and water companies. Current funding opportunities include the Defra Catchment Restoration Fund (see box overleaf) and the Environment Agency s Midlands Urban Rivers Community Initiative (MURCI Waters). Tackling misconnections Local authorities working with the Environment Agency, water companies, community groups, plumbing and building businesses to raise awareness of and tackle drainage misconnections where foul water from washing machines, bathrooms etc. is wrongly connected to surface water drains. Good examples include misconnection work undertaken by Torbay Council and partners (see case study in Section 2.7 above). Working with businesses to reduce risk of water pollution arising from poor control of spillages and storage of oils and chemicals, pouring detergents and oils down surface water drains, dirty water from vehicle washing going down the drain etc. Local authority involvement in public awareness campaigns, such as Yellow Fish, to raise public awareness of pollution entering surface water drains which ends up in local streams and rivers and to change public behaviour; and public awareness raising on water efficiency. Schools projects, with partners such as the Environment Agency to raise awareness of water quality in local rivers and drive actions in the community to achieve improvements. Working in partnership with other public sector bodies, such as NHS trusts, Fire and Rescue Services, Highways Agency, to help integrate water environment issues their work. Integrating water environment issues into local authority services delivered by third parties, such as management of green space delivered by voluntary and private sector contractors. Working with stakeholders such as Local Enterprise Partnerships and Local Nature Partnerships to raise awareness of the local economic value of a good quality water environment, water resources and the importance of blue-green infrastructure in underpinning economic growth. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 42

46 The Catchment Restoration Fund The Department for Environment, Food and Rural Affairs (Defra) has created the Catchment Restoration Fund to support projects which improve watercourses and reduce diffuse pollution. A 28m fund, providing up to 10m each year, has been allocated for projects to be delivered in 2012/13, 2013/14 and 2014/15. The Environment Agency administers the fund which supports work that aims to: Restore more natural features in and around waters; Reduce the impact of man-made structures on wildlife in waters; or Reduce the impact of small, spread-out (diffuse) sources of pollution that arise from rural and urban land use. The lead applicant for funding must be a charity or an organisation with charitable, benevolent or philanthropic purposes under the Charities Act Other organisations, such as local authorities or private sector companies, can still be involved in delivering a project as a partner. The minimum amount that can be applied for is 50,000, with no formal upper limit. Smaller organisations are encouraged to join together with a lead applicant as part of an umbrella bid as this will promote an integrated approach to catchment management. Project bids are assessed against their ability to deliver multiple benefits to society and the environment, but at their core they must help waters in England achieve the objectives of the Water Framework Directive. Further information is available at planning/ aspx Local Authority Services and the Water Environment 43

47 Case Study Yellow Fish at Witton Lakes, Birmingham In June 2010, the Yellow Fish scheme was launched at Witton Lakes, Birmingham. Yellow Fish aims to raise public awareness about how pouring polluting substances such as oils, paints, solvents, chemicals or dirty water down surface water drains can pollute local watercourses. In the Midlands, Yellow Fish has worked with schools to raise awareness amongst school children, who then take the message home to parents, thereby spreading public awareness. Following a fish kill event in Witton Lakes in June 2009 resulting from urban diffuse pollution and an oil pollution event in January 2010, the Junior Wardens of Witton Lakes decided to adopt Yellow Fish to help prevent pollution. Barratt Homes had been working with the group and backed the project with the support of Birmingham City Council, the Friends of Witton Lakes and Urban Devotion Birmingham. Diffuse pollution caused by substances entering drains and also from misconnections can devastate local streams and wildlife The Yellow Fish scheme is about encouraging communities to engage with their local environment to make a difference and achieve sustainable improvements. Marking a drain with a yellow fish demonstrates that it is linked to a local stream or pool. In doing this it is hoped that communities and developers can help prevent pollution entering these watercourses Matthew Ashworth Environment Officer and Project Manager at the Environment Agency I am fully supportive of the scheme and believe that it is projects such as Yellow Fish that will help protect our watercourses, which are the home for a myriad of wildlife, so they can be enjoyed by future generations Sally Potter Birmingham City Council Constituency Director for Erdington We are delighted to be able to support the Yellow Fish campaign, which will not only create pollution awareness, but will also help to enhance the Perry Common area for everyone who lives here Andy Cohu Barratt Homes Yellow Fish aims to encourage communities to help reduce water pollution and fits perfectly with the aims of Connect Right. We are pleased to give Yellow Fish our full support Guy Wood Connect Right and Severn Trent Water Ltd I fully support this project as I have unfortunately witnessed firsthand the massive implications of harmful substances entering the storm drains, whether by accident or malicious intent. Linda Hines Friends of Witton Lakes and Junior Wardens scheme Advice Note on the Water Framework Directive for Local Authorities across the Midlands 44

48 Case Study The Sowe Valley Project in Coventry The Sowe Valley Project in Coventry, coordinated by Warwickshire Wildlife Trust, works with a number of Coventry City Council departments including the Parks Service, Youth Service, Neighbourhood Management, Street Pride and the Council s Healthy Walks Team to help deliver its objective to improve the River Sowe for both people and wildlife. In 2009, the project receivedfunding from Natural England s Access to Nature Programme, funded by 25m from the Big Lottery Fund s Changing Space programme, as well as contributions from partners including the Environment Agency. The Sowe Valley Project works with local community groups and volunteers to improve the River Sowe and smaller tributaries in the east of Coventry. The project has led to the establishment of a local community group called the Sowe Valley Volunteers whose work involves clean ups of the River Sowe, including removing bikes, fridges, sofas, carpets, petrol and oil cans, tyres and numerous other large items which represent both pollution and flood risks for the river. In total, over 1,500 volunteer hours have been contributed to the project and over 300 bags of plastic bottles, plastic bags and other small household waste items have been removed from the channel. The volunteers have been helping to tackle invasive non-native species along the river, removing large areas of Himalayan balsam and re-planting sections with native wetland plants, and also alert the Sowe Valley Project staff and Environment Agency staff to any pollution incidents. The volunteers passion for their river has been significantly increased through the opportunity to directly impact on its quality. As the group are so keen to continue their hard work, they have formed the Friends of Sowe Valley who will be seeking their own funding once the Access To Nature funded Sowe Valley Project ends. Volunteering with the Sowe Valley Project is wonderful and the best thing I ve ever done! It s great looking back and seeing the improvements we re making. Sylvia Jackson, Sowe Valley Volunteer Sowe Valley Volunteers The Sowe Valley Project, with the support of Coventry City Council and other local partners, has successfully engaged local people in waterways, building pride in their local rivers and providing ecological benefits, water quality, flood risk reduction, as well as community, health and educational benefits. Local Authority Services and the Water Environment 45

49 Case Study OnTrent, working with local authorities OnTrent is a community based organisation seeking to enhance the wildlife, heritage and management of rivers and floodplains of the River Trent and its tributaries. The OnTrent partnership has been established for over ten years; its membership represents a wide range of statutory, commercial and voluntary organisations with an interest in the Trent catchment. It works with a wide range of individuals and organisations to deliver projects and raise awareness, specialising in promoting policy and delivering projects that integrate the many wider benefits of rivers and floodplains to secure a water environment that is of benefit to all. OnTrent works with local authorities to deliver projects that cut across county boundaries within water catchment areas. Local authorities working with OnTrent include Staffordshire, Derbyshire, Leicestershire, Nottinghamshire, Lincolnshire and North Lincolnshire Councils. For example the Trent Valley Way project involves liaison with planners, access and tourism departments to ensure a continuous route linking the many features of the Trent Valley with a distinctive identity. The OnTrent Farming and Water for the Future Upper Soar Project works closely with Leicestershire County Council to create additional flood storage in rural areas upstream of properties at risk in specific villages in Leicestershire. These storage areas will improve water quality as well as create access, biodiversity and landscape benefits. OnTrent identified the most cost effective catchments for carrying out this approach and then found partners and funding for delivery. Leicestershire County Council employs the project officer using technical support facilitated by OnTrent. OnTrent is currently working as part of the Trent Rivers Trust seeking to form a new rivers trust operating across the Trent catchment in Trent Valley Way A major access and interpretation project led by OnTrent that brings communities and opportunities together along the Trent Valley. Volunteers creating wetlands in the Trent Vale, a landscape partnership project initiated by OnTrent. OnTrent project: Farming and Water for the Future Upper Soar project officer monitoring water levels Advice Note on the Water Framework Directive for Local Authorities across the Midlands 46

50 Section Three CO-ORDINATION AND GOOD PRACTICE CHECKLIST 3.1 CO-ORDINATION WITHIN A LOCAL AUTHORITY ON WFD ISSUES As well as good practice in integrating WFD issues into the different local authority functions, a number of local authorities are also developing approaches for coordinating work on WFD and water environment issues across their different functions. As illustrated in diagram opposite, potential features of this approach include: Having a lead Cabinet member or senior manager (e.g. from drainage, planning policy or environmental strategy teams) with overarching responsibility for ensuring that water environment and WFD issues are effectively integrated into different local authority functions and monitoring progress. A small officers group within the local authority, with representatives from relevant functions. This group comes together periodically to identify key actions to complete and promote cross-functional working on WFD and water environment issues. Use of a simple checklist for assessing and monitoring how WFD issues are being integrated into the work of the authority (see Section 3.2). Links to and close working with external partners, such as the Environment Agency, water companies, Defra, voluntary sector organisations, including organising training sessions for officers on topics such as the WFD and new SuDS roles and in delivering actions. Links to neighbouring local authorities to promote co-operative working on cross-boundary WFD issues, such as development of the Local Plan, Infrastructure Delivery Plan, green infrastructure and joint work on sub-regional evidence bases such as Water Cycle Studies. Local Authority Services and the Water Environment 47

51 Local Authority approach for co-ordinating work on the WFD and water environment issues Working with external partners e.g. Environment Agency, water companies, other Local Authorities, Natural England, Local Enterprise Partnerships, developers, communities et al. Overarching co-ordination on WFD and water environment issues Senior Manager or Cabinet Member with lead role on water environment/wfd issues. Officers group with representatives from different LA functions. Leads the LA s engagement with Envrionment Agency and water companies e.g. in preparation of River Basin Management Plans. Planning policy functions Local Plan preparation; Evidence base on water issues for planning policy, including Water Cycle Studies; Sustainability appraisal/strategic Environmental Assessment (SEA); Supplementary Planning Documents (SPDs); Site Allocations and Area Actions Plans; Infrastructure Delivery Plans; Green infrastructure; Cross boundary/ duty to co-operate on water issues; LA engagement in RBMP preparation. Development Management functions Consideration of water environment issues in development proposals; Reducing potential negative impacts and maximising positive benefits. Building Control functions Building Regulations inspections; Building Acts 59 powers on drainage misconnections. Greenspace/openspace management Strategic work on green infrastructure; Developing ecological networks; Land maintenance practices. Joint working across Local Authority functions on water environment issues Drainage, flood risk management, and sustainable drainage (SuDS) functions Environmental health and pollution control Engaging with businesses; Engaging with households; Building Acts 59 powers on drainage misconnections. Highways Design, cleansing and maintenance SuDS, pollution control, cleansing etc. Co-ordination to ensure WFD and water environment issues are integrated into relevant Local Authority functions. Community leadership and advocacy roles Raising public and business awareness and involvement on local water environment and encouraging behaviour change to enhance water bodies; Working with partners on water issues: SuDS, water efficiency etc. Managing the Local Authority s own buildings and assets Buildings, council housing, business premises; Engaging with tenants to reduce water pollution risks. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 48

52 3.2 CHECKLIST FOR ASSESSING PROGRESS How do you know how your local authority is doing in contributing to WFD objectives? Questions to help plan and measure progress are shown in the following checklist. Checklist for assessing progress: 1. Overall local authority approach Do you have a lead Cabinet member or senior manager responsible for coordinated, cross-departmental work to integrate WFD objectives into the council s work? Has the council identified priority actions for improving the local water environment and contributing to WFD objectives? Has the council had discussions with the Environment Agency on how they can assist with the council s work to promote WFD benefits? 2. Planning policy In preparing local planning policies, has the council identified local WFD issues and improvement priorities and reviewed data on the status of local water bodies, including information in River Basin Management Plans? Does the Local Plan contain planning policies relating to the water environment which contribute to WFD objectives? e.g. SuDS for water quality, drainage connections, water efficiency, habitat creation, naturalisation of modified water bodies. Has the sustainability appraisal and strategic environmental assessment process for the Local Plan included coverage of local WFD priorities? Have water environment and WFD issues been incorporated into the preparation of Infrastructure Delivery Plans? (e.g. SuDS, green infrastructure, flooding, wastewater treatment, water quality issues.) Has the council worked with neighbouring local planning authorities and other bodies such as the Environment Agency on cross-boundary issues relating to the water environment? 3. Development management determining planning applications Have development management staff and planning committee members had training on the water environment/wfd and on what they can do to promote WFD objectives through development management? If there are significant local WFD issues, has the council prepared guidance for developers (e.g. a Supplementary Planning Document) on how Local Plan policies can be implemented through development proposals? (e.g. Peterborough s Flood and Water Management Supplementary Planning Document.) Does the council s development management team have a process to identify planning applications that may have WFD impacts or opportunities? For planning applications with potential impacts on the water environment, are environmental impact assessments used to identify and mitigate the impacts and are WFD issues included in validation checklists? Does the council have indicators to monitor the implementation of Local Plan policies relating to WFD issues? 4. Building control Have building control officers had training on drainage misconnection issues and do they check for correct connections during site visits? 5. Drainage, flood risk management and SuDS Do relevant officers (e.g. planning policy, development management, drainage officers) and planning committee members receive training on SuDS techniques? Yes, No or Not Applicable Action Local Authority Services and the Water Environment 49

53 Checklist for assessing progress: Has the council provided information to developers and planning applicants on SuDS techniques to promote water quality and ecological benefits? Do the council s drainage and flood management officers review planning applications to flag up applications with potential flood risks and opportunities for integrating SuDS and other water environment benefits? Where councils are lead local flood authorities, do they ensure that anyone planning to construct or alter structures and culverts on ordinary watercourses obtains their consent? In determining these applications, does the council take account of the WFD? 6. Environmental health and pollution control Does the council work with the Environment Agency and water companies in raising public and business awareness of water pollution and practical actions to reduce pollution? Does the council make use of Building Act (section 59) powers to require misconnections to be rectified? Does the council use planning consent and statutory nuisance powers to stop water pollution from unauthorised operations, e.g. unauthorised car wash operations? 7. Managing buildings, assets, greenspace Does the design of local authority owned buildings and grounds (e.g. schools, offices, council housing) incorporate SuDS, green infrastructure and water efficiency measures? Do the council s greenspace management practices promote WFD benefits? (e.g. mowing regimes, buffer zones, management of pesticide use, control of invasive plant species, design of planting schemes.) Do the council s buildings management and housekeeping practices control water pollution risk? (e.g. spillage control, chemical storage, preventing polluting substances going down surface water drains, vehicle washing etc.) Has the council undertaken actions to raise awareness of water pollution issues amongst its tenants domestic and business tenants? 8. Highways Do the council s highways cleansing regimes and highways design reduce risk of diffuse pollution and spillages affecting local watercourses? 9. Community leadership, advocacy and partnership roles Has the council delivered community leadership, advocacy and partnership roles which support WFD objectives? e.g. raising public awareness of local water quality issues and behaviour change to reduce diffuse pollution and improve water quality. Has the council been involved with community clean ups of local watercourses? Has the council engaged with local public sector partners on water issues e.g. infrastructure planning with NHS, police, fire and rescue services et al? Has the council worked with other stakeholders such as Local Enterprise Partnerships and Local Nature Partnerships to raise awareness of the economic value to the local economy of water environment issues? 10. Status of local water bodies Has the WFD status of local water bodies improved or deteriorated over recent years? (Information is available from the Environment Agency.) Has the council examined with the Environment Agency whether there are any additional actions that the council could take to help improve poor quality water bodies? Yes, No or Not Applicable Action Advice Note on the Water Framework Directive for Local Authorities across the Midlands 50

54 Section Four SOURCES OF SUPPORT AND FURTHER INFORMATION This project has been developed through a partnership between the Environment Agency and Sustainability West Midlands. For further information and advice please contact: Environment Agency National Customer Contact Centre: Tel enquiries@ environment-agency.gov.uk Sustainability West Midlands: Tel enquiries@swm.org.uk Other useful sources of information include: Severn Trent Water Ltd, for issues such as water supply, sewerage and wastewater treatment infrastructure contact: growth.development@ severntrent.co.uk River Basin Management Plans (RBMP), available on the Environment Agency website Humber RBMP uk/research/planning/ aspx Severn RBMP uk/research/planning/ aspx all RBMPs research/planning/33106.aspx Environment Agency, Royal Town Planning Institute, Local Government Association document on spatial planning and the Water Framework Directive entitled: The WFD and Planning Initial Advice to Local Authorities in England and Wales (2006) Environment Agency Water Framework Directive Mitigation Measures Online Manual, on the EA s website Environment Agency guidance on Water Cycle Studies (2009) available at publications.environment-agency.gov.uk/pdf/ GEHO0109BPFF-E-E.pdf Environmental datasets from the Environment Agency, Natural England and partners is available online at the Geostore in a system called DataShare, which Local Authorities can sign up to for free. CIRIA The SuDS Manual (2007) and SuDS training courses Local Government Association the Local Government Association s website includes useful information on SuDS, flood risk management, drought, climate change and planning relevant to the WFD Local Authority Services and the Water Environment 51

55 We are the Environment Agency. We protect and improve the environment and make it a better place for people and wildlife. We operate at the place where environmental change has its greatest impact on people s lives. We reduce the risks to people and properties from flooding; make sure there is enough water for people and wildlife; protect and improve air, land and water quality and apply the environmental standards within which industry can operate. Acting to reduce climate change and helping people and wildlife adapt to its consequences are at the heart of all that we do. We cannot do this alone. We work closely with a wide range of partners including government, business, local authorities, other agencies, civil society groups and the communities we serve. We are an independent sustainability adviser for the leaders of the West Midlands. We are a not-for-profit company that works with our members in the business, public and voluntary sectors. Our vision is that by 2020 businesses and communities are thriving in a West Midlands that is environmentally sustainable and socially just. By 2012 our leaders are clear on what this looks like, have set milestones, and their organisations are making strong progress. Our role is to act as a catalyst for change through our advice to leaders, to develop practical solutions with our members and share success through our communications. For further information and advice: Environment Agency - National Customer Contact Centre: Tel enquiries@environment-agency.gov.uk Sustainability West Midlands: Tel enquiries@swm.org.uk This publication was produced as part of a partnership project between the Environment Agency and Sustainability West Midlands. We are grateful to Nottingham City Council, Worcestershire County Council, Wyre Forest District Council, the OnTrent Partnership and Severn Trent Water Ltd for their time, commitment and valuable input to the project. This report is the copyright of the Environment Agency. Quoting, copying and reproduction for business purposes is permitted given that full acknowledgement is given. Advice Note on the Water Framework Directive for Local Authorities across the Midlands 52

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