Medway Developer Contributions and Obligations Guide

12.1 Background

12.1.1 A number of areas within Medway are at risk of flooding, including tidal, surface water, groundwater and flooding associated with ditches and streams. Comment

12.1.2 Flood risk in Medway is managed by a number of Flood Risk Management Authorities including the Environment Agency, Medway Council (as Lead Local Flood Authority and Highways Service), Internal Drainage Boards, and Southern Water. South East Water serves Halling. Comment

12.1.3 The National Planning Policy framework requires certain sizes and locations of development to submit a Flood Risk Assessment (FRA) as part of the planning application process. These assessments identify any flood risks and mitigation measures required to make a development viable. Comment

12.1.4 The consequences of flooding would be dependent on the nature, scale, and location of a development; therefore, it is not possible to provide standardised guidance on what mitigations would be required at a typical site although further information can be sought on the Medway Council’s website. Comment

Medway Council Local Flood Risk Management Strategy Comment

12.2 Policy Context

12.2.1 The NPPF emphasises the importance of meeting the challenge of climate change, flooding, and coastal change, and sets out the Governments approach within national Planning Policy Guidance (PPG). Local Plan policies set out the approach to sustainable drainage and flood risk mitigation. Comment

12.2.2 A number of documents are relevant to the planning process at a local level. The Medway Strategic Flood Risk Assessment (SFRA) which assesses the risk of all sources of flooding within Medway and supports the Local Plan to help make planning decisions. The Local Flood Risk Management Strategy is a key document which identifies objectives to manage sources of local flood risk such as surface water, groundwater and ditches/streams. Work on the new Local Plan has included updates to the SFRA and the Council is working with the Environment Agency to produce further details of flood defence infrastructure to be delivered to support planned development. Comment

12.2.3 The Environment Agency (EA) published the Medway Estuary and Swale Strategy (MEASS), a flood and coastal erosion risk management strategy which will determine the best economic, environmental and technically appropriate approach to managing flood and coastal erosion risk within the strategic area, and identify suitable schemes to deliver the policies set out within the Medway Estuary and Swale, and the Isle of Grain to South Foreland Shoreline Management Plans. MEASS is due to be published in summer 2018 and will contain plans for tidal frontages at risk of flooding through Medway for the next 100 years, setting out required capital funded defence works and identifying where third-party partnership funding will be required. Any potential development sites should make reference to MEASS and where sites would benefit from flood defence works, a contribution for the site and/or wider strategic area may be requested. Comment

12.3 Assessing the requirement

12.3.1 Flood mitigation works needed as a consequence of a development proposal are determined through completing a Flood Risk Assessment (FRA) (where required). FRA’s provide an assessment of the risk of flooding from all sources including groundwater, coastal, tidal, fluvial and pluvial. FRA’s identify flood mitigation measures and provide advice on actions to be taken before development commences, taking into account local policies and strategy. The FRA will be submitted with the application and reviewed by the relevant Risk Management Authorities. Comment

12.3.2 The risk of pluvial/surface water flooding is generally managed via the use of on-site Sustainable Drainage Systems (SuDs). SuDs designs can be integrated into the layout of a site and provide an opportunity to fulfil several planning objectives via the provision of amenity and biodiversity, and can contribute towards improvements to water quality. If considered early in the design phase of a development, then both the capital costs of drainage and amenity can be reduced along with maintenance costs. Above ground systems are more economical to construct and maintain, compared with underground systems over the lifetime of a development. Medway Council Lead Local Flood Authority promotes the use of above ground systems where possible and appropriate. Comment

12.4 Scope for contributions

12.4.1 Schedule 3 of the Flood and Water Management Act 2010 prescribed that major developments would need drainage approval from the Lead Local Flood Authority who would be expected to adopt and maintain approved sustainable drainage systems. However, a funding mechanism is yet to be realised for the ongoing maintenance and therefore this schedule has yet to be enacted. In the interim, the NPPF requires developers to design SuDs in accordance with the national SuDs guidance and any other local guidance where available. Under certain circumstances, the Council may consider adopting SuDs ahead of the implementation of the Act. In such circumstances, the cost of ongoing maintenance could be part of the Section 106 negotiation (or commuted sums if part of a Section 38 Highways Adoptions Agreement). Comment

12.5 Summary

12.5.1 In regeneration areas, flood mitigation may be best served through strategic flood solutions that serve the wider area/collective developments. Current work is ongoing with regards to the phasing of developments/flood mitigation works to ensure that risk is appropriately managed at a strategic scale. Comment

12.5.2 Flood risk mitigation, including the use of SuDs may in some instances be combined with other requirements and initiatives such as green infrastructure, open space provision, urban and landscape design. These wider issues should be discussed with the Council via the pre planning process to ensure that a proposal does not compromise either requirement or any other future infrastructure provision. Comment

12.5.3 The solutions described above will normally be secured through planning conditions; however, planning obligations may be required to secure elements such as the timing, adoption, maintenance and or financial contributions to offsite solutions. Comment