Regulation 19 Rutland Local Plan
Adapting to Climate Change
This section acknowledges that climate change is happening and, even if the legal obligations set by the Paris Agreement and the Climate Change Act 2008 are met, there will be consequences that society will have to prepare for and learn to adapt to. It is important that new development enables society to respond to that change and adapt our built environment to accommodate those changes. One of the most notable indications of climate change has been the increase in the frequency and severity of flooding. This policy is part of an integrated water management approach to water management in Rutland.
What will the policy do?
Policy CC14 - Flood Risk Comment
To reduce the risk of flooding, all development proposals will be considered against the requirements of the NPPF, including application of the sequential test and, if necessary, the exception test.
Where appropriate development proposals should demonstrate:
- that the development does not place itself or other land or buildings at increased risk of flooding;
- through the application of the sequential and exception test, as well as the guidance set out in NPPF, development is located in areas of the lowest flood risk;
- that the development will be resilient to flood risk from all forms of flooding such that in the event of a flood the development could be quickly brought back into use without significant refurbishment;
- that the development does not affect the integrity of existing flood defences and any necessary flood mitigation measures have been agreed with the relevant bodies, where adoption, ongoing maintenance and management have been considered and any necessary agreements are in place;
- how proposals have taken a positive approach to reducing overall flood risk and have considered the potential to contribute towards solutions for the wider area;
- that they have incorporated Sustainable Drainage Systems (SuDS)/ Integrated Water Management into the proposals unless it is shown to be inappropriate for that specific proposal. The design of the SuDS/Integrated Water Management should demonstrate how the effects of climate change has been considered;
- that they have followed the surface water hierarchy for all proposals;
- surface water runoff is collected for use;
- discharge into the ground via infiltration;
- discharge to a watercourse or other surface water body;
- discharge to a surface water sewer, highway drain or other drainage system,
- discharge to a combined sewer;
- that surface water connections are acceptable to the relevant agency;
- that development contributes positively to the water environment and its ecology where possible and does not adversely affect surface and ground water quality in line with the requirements of the Water Framework Directive.
In order to allow access for the maintenance of watercourses, development proposals that include or abut a watercourse should ensure no building, structure or immovable landscaping feature is included that will impede access within 8m of a watercourse. Conditions may be included where relevant to ensure this access is maintained in perpetuity and may seek to ensure responsibility for maintenance of the watercourse including land ownership details up to and of the watercourse is clear and included in maintenance arrangements for future occupants.
Why is this policy needed?
Rutland's rivers and water resources are a valuable asset, supporting wildlife, recreation, and tourism, as well as providing water for businesses, households, and agriculture. Water resources require careful management to conserve their quality and value and to address drainage and flooding issues.
Flood Risk
In accordance with the NPPF and supporting technical guidance, Policy CC14 seeks to ensure that development does not place itself or others at increased risk of flooding. All development will be required to demonstrate that regard has been given to existing and future flood patterns from all flooding sources and that the need for effective protection and flood risk management measures, where appropriate, have been considered as early on in the development process as possible.
A sequential risk-based approach to the location of development, known as a 'sequential test,' will be applied to steer new development to areas with the lowest probability of flooding. If, following the application of the sequential test, it is not possible, consistent with wider sustainability objectives, for development to be located in areas with a lower probability of flooding, the exception test may be applied. The exception test, in line with NPPF, requires development to show that it will provide wider sustainability benefits to the community that outweigh flood risk, that it would be safe for its lifetime taking account of the vulnerability of its users, without increasing risk elsewhere and, where possible, will reduce flood risk overall.
Rutland contains areas of low-lying land for which a number of organisations are responsible for managing flood risk and drainage, including the Environment Agency (EA), Rutland County Council as Lead Local Flood Authority (LLFA), Anglian Water and Severn Trent Water Companies, the Canal and River Trust, and a number of Internal Drainage Boards (IDBs).
Many of Rutland's settlements were originally established adjacent to rivers or other water bodies. Over time these same settlements have grown and now represent, in terms of wider sustainability criteria, the most sustainable locations for future development. A careful balance therefore needs to be struck between further growth in these areas to ensure their communities continue to thrive and the risk of flooding.
With the increased likelihood of more intense rainfall combined with further development in Rutland, there will be an increase in the incidence of surface water runoff, placing greater pressure on existing drainage infrastructure. The discharge of surface water to combined sewer systems should be on an exceptional basis only. This will ensure that capacity constraints of existing systems are not put under severe pressure by placing unnecessary demands on existing sewage works and sewage systems which in turn could compromise the requirements of the Water Framework Directive. The discharge of surface water to combined sewer systems can also contribute to surface water flooding elsewhere.
Sustainable Drainage Systems (SuDS) are used to replicate, as closely as possible, the natural drainage from a site before development takes place without transferring pollution to groundwater. Developers should ensure that good SuDS principles consistent with national standards are considered and incorporated into schemes as early in the development process as possible. A multi-functional approach to SuDS is encouraged that should take every opportunity to incorporate features that enhance and maintain biodiversity as part of a coherent green and blue infrastructure approach. Completed SuDS schemes should be accompanied by a maintenance schedule detailing maintenance boundaries, responsible parties and arrangements to ensure the SuDS are managed in perpetuity. The use of Integrated Water Management is encouraged for larger scale developments.
Protecting the Water Environment
The Council works closely with water companies, the Environment Agency, and other relevant bodies to ensure that infrastructure improvements to manage increased wastewater and sewage effluent produced by new development are delivered in a timely manner, and to ensure that, as required by the Water Framework Directive, there is no deterioration to water quality and the environment.
All relevant development proposals, where appropriate, should be discussed with the Local Planning Authority in liaison with the EA, Water Services Provider, IDBs and the LLFA at the earliest opportunity, preferably at pre-application stage. This should ensure flood risk and drainage solutions, particularly where required on site, can be factored into the development process as early as possible.
Supporting Evidence
Water Cycle Strategy update (July 2023)
Strategic Flood Risk Assessment update 2023
