Agenda item

(Environment Portfolio Holder) To consider the attached report (C-025-2014/15).

(1)        That an agreement with Essex County Council be entered into to accept delegation of the powers and duties under sections 23, 24, 25 of the Land Drainage Act 1991, as amended by the Flood and Water Management Act 2010, for the consenting of works to and the enforcement of ordinary watercourses; and

(2)        That the agreement be based on the terms of a revised Letter of Understanding, due to Essex County Council’s proposal to change the payment structure to the Council for carrying out the work.

The Environment Portfolio Holder presented a report regarding the delegation of powers from Essex County Council under the Flood and Water Management Act 2010.

The Portfolio Holder stated that the Council had been exercising certain powers of the Land Drainage Act 1991 (as amended), on behalf of Essex County Council since April 2012 through a Letter of Understanding. The Cabinet had agreed on 22 July 2013 (report C-016-2013/14 refers) to enter into an agreement on the basis that the County Council supplemented the cost to the District Council for carrying out aspects of the work set out in the Letter of Understanding. However, the agreement was never finalised by the County Council and in April 2014, the County Council notified the Council that it wished to change the terms of the original Letter of Understanding by withdrawing the payment of all supplementary costs.

The Portfolio Holder reported that discussions had been held with the County Council subsequently and a revised level of supplement had been proposed, based upon a flat proportion of an Engineer’s salary as opposed to payment for the actual number of cases dealt with by the Council. Based on data from the last two years, this would result in slightly less income being generated for the Council. It was highlighted that the Council was the only District authority within Essex which had its own Land Drainage byelaws, so there was a synergy in accepting this agreement from the County Council. Previously, the Council had performed this work through an informal arrangement with the Environment Agency, which did not generate any income for the Council.

The Portfolio Holder advised the Cabinet that a more streamlined service would be delivered to residents through carrying out these works on behalf of the County Council, and would allow the Council to reduce the flood risk throughout the District by retaining control over the flood risk assets. It was accepted that the working arrangements with the County Council would need to be regularly reviewed, but it was thought that the work could be carried out within existing staff resources. Therefore, approval was sought from the Cabinet to accept the delegation of powers based on these revised terms, with the aim of concluding an agreement with the County Council within six months.

The Cabinet had concerns about the proposed level of fees from Essex County Council for performing this work but supported the principle of the District Council having the powers to solve its own flood risk problems as this would be valued by residents. The Portfolio Holder acknowledged the risk of liability from the Council accepting these new powers, and shared the Cabinet’s disappointment about the level of the proposed fees. The Assistant Director of Neighbourhoods (Technical Services) reassured the Cabinet that the Council was already performing the majority of these works under the existing bye-laws and the level of fees from the County Council would be regularly reviewed. Ultimately, this amounted to additional income to perform the works without having to obtain additional consent from the County Council.

Decision:

(1)        That an agreement with Essex County Council be entered into to accept delegation of the powers and duties under sections 23, 24, 25 of the Land Drainage Act 1991, as amended by the Flood and Water Management Act 2010, for the consenting of works to and the enforcement of ordinary watercourses; and

(2)        That the agreement be based on the terms of a revised Letter of Understanding, due to Essex County Council’s proposal to change the payment structure to the Council for carrying out the work.

Reasons for Decision:

To ensure that the Council retained the necessary powers to optimise the control of works to ordinary watercourses within the District in order to minimise flood risk.

Other Options Considered and Rejected:

To not accept the delegated powers and let the County Council exercise the relevant powers.