Implementation of the Flood Risk Management (Scotland) Act 2009

The Minister for Environment, Climate Change and Land Reform, Dr Aileen McLeod MSP (centre) at the opening of the Forres (River Findhorn and Pilmuir) Flood Protection Scheme – March 2015

Annual Report to the Scottish Parliament 2014/15

Contents

A. Ministerial Foreword ............................................................................................ 2

B. Introduction and Background ............................................................................... 3

C. Flood Risk Management (“FRM”) ........................................................................ 3

1. Funding ............................................................................................................ 3

2. Understanding flood risk ................................................................................... 3

3. Flood Risk Management Planning .................................................................... 4

4. Consulting the public ........................................................................................ 4

5. Flood maps ....................................................................................................... 5

6. Flood forecasting and warning ......................................................................... 5

7. Natural Flood Management .............................................................................. 5

8. Flooding and Planning ...................................................................................... 6

9. Research .......................................................................................................... 7

D. Working together to make it work ........................................................................ 7

1. The Scottish Advisory Implementation Forum for Flooding .............................. 7

a) Policy Management Group (“PMG”) .............................................................. 7

b) Appraisal Task and Finish Group .................................................................. 7

c) Quality and Standards Task and Finish Group.............................................. 8

d) Land Management Task and Finish Group ................................................... 8

e) SAIFF Planning Group .................................................................................. 8

f) SAIFF Local Authority Implementation Group ............................................... 8

g) SAIFF Communications Task and Finish Group ........................................... 9

2. Flooding Policy Stakeholders Group (“FPSG”) ................................................. 9

E. Dealing with the Effects of Flood Events ............................................................. 9

1. Flood Insurance ................................................................................................ 9

2. Property Level Protection ................................................................................. 9

3. The Scottish Flood Forum (“SFF”) .................................................................. 10

4. SNIFFER Annual Flood Risk Management Conference ................................. 10

A. Ministerial Foreword

I had the pleasure of opening the Forres (River Findhorn and Pilmuir) Flood

Protection Scheme on 26 March 2015 while my predecessor, Paul Wheelhouse,

opened the Galashiels Flood Protection Scheme on 7 November 2014. The

completion of these schemes along with the on-going work on other schemes

already under way, and the development of new schemes, all serve to reduce the

level of flood risk faced by a number of communities across Scotland. Advances in

property level protection (PLP) mean that communities not protected by formal flood

protection schemes can still gain a measure of protection from the effects of flooding.

Progress has also been made in other areas, in particular with the publication of

SEPA’s new Flood Maps as well as the public consultation on the draft new Flood

Risk Management Strategies and Local Flood Risk Management Plans which, when

finalised, will set out a new plan-led, risk-based approach to flood risk management

and will clearly communicate the long term vision for managing flooding in Scotland.

DR AILEEN MCLEOD Minister for the Environment, Climate Change and Land Reform

This annual report to Parliament outlines the

progress made during the 2014/15 financial

year in implementing the Flood Risk

Management (Scotland) Act 2009 and in

particular the progress made in delivering

the first ever cycle of flood risk management

plans in Scotland. Significant progress is

being made against the objectives of

delivering the sustainable management of

flood risk in Scotland, while providing for the

functions of both local authorities and the

Scottish Environment Protection Agency in a

rapidly evolving area of policy.

B. Introduction and Background

Flooding is a natural occurrence which can have devastating consequences on

individuals, businesses and communities across Scotland. While flooding cannot be

prevented, steps can be taken to reduce the likelihood of a flood event occurring, to

minimise its impact and to help those affected by flood events. This report outlines

the progress of work being carried out by a number of partnership organisations

throughout Scotland through the implementation of the Flood Risk Management

(Scotland) Act 2009 (“the Act”).

The Act was passed by the Scottish Parliament on 13 May 2009, and creates a more

sustainable approach to evaluating and managing flood risk across Scotland. For the

first time, clarity was provided with regard to the roles and responsibilities of the key

agencies involved in flood risk management, notably the Scottish Environment

Protection Agency (SEPA) and responsible authorities such as local authorities and

Scottish Water.

C. Flood Risk Management (“FRM”)

1. Funding

The Scottish Government is providing capital funding to local authorities through the

Local Government settlement until 2015/16. This allows local authorities to continue

to invest in major new flood protection schemes. Local authorities applied for this

funding throughout 2014/15 on the basis of published criteria agreed by the Scottish

Government and the Confederation of Scottish Local Authorities (COSLA). After the

last round of applications which were received in January 2014, all of the available

funding until 2015/16 was allocated to projects from Angus Council (Brechin),

Scottish Borders Council (Selkirk), Inverclyde Council (Greenock), and Perth and

Kinross Council (Almondbank). Local authorities can also allocate additional

resources to flooding from within the overall funding provided to them by the Scottish

Government and from within their own resources.

Discussions with COSLA are ongoing about how the funding for flood protection

should be distributed from 2016 onwards, when the Scottish Government would

expect the funding to remain as part of the local authority settlement, and to take

account of the development of Local Flood Risk Management Plans (FRM Plans).

This will support the statutory requirement for responsible authorities to agree

funding of measures in the Local FRM Plans which are due to be published in 2016.

2. Understanding flood risk

The understanding of flood risk in Scotland was significantly advanced during 2014.

This was due to considerable focus being placed on improving SEPA’s strategic

level mapping and modelling. In addition, SEPA, local authorities and other

stakeholders worked closely to enhance this nationally-produced information with the

inclusion of more detailed local knowledge and understanding. The strong

partnerships and willingness of organisations to work together, and co-ordinate their

efforts, represents a major step towards developing an integrated approach to flood

risk management.

This improved and shared evidence base allows the impacts of future flooding to be

better understood and anticipated. During 2014 the knowledge of the risk of river,

coastal and surface water flooding was also improved. This allowed SEPA to

describe and compare each with regard to the damage they cause to both the built

and natural environment. For example, the main impacts of flooding are now

summarised for all priority areas, with information available on the number of homes

and businesses at risk, as well as the risk to community facilities, agricultural land,

infrastructure assets (such as roads, rail and utilities), and important environmental

sites. Working together, organisations have been able to supplement this

assessment of flood risk by describing and cross checking the information with the

local history of flooding.

Some of this is new information while some of it is existing information which has

been communicated and presented in a better way. All of this information is

enhanced by having been brought together online and in one place. As a result we

now collectively have the most advanced understanding of flooding at the national

and local level ever held in Scotland.

3. Flood Risk Management Planning

In 2011 SEPA undertook the National Flood Risk Assessment (NFRA) which was the

first step in developing FRM Strategies and Plans. The NFRA identified Potentially

Vulnerable Areas (PVAs) which are those areas at most risk from the impacts of

flooding and where further studies, investment and actions may be required.

The new understanding of the causes and impacts of flooding has informed the

setting of draft objectives for PVAs. These objectives determine how flooding will be

managed in the future by linking the source of flooding directly to its impacts and by

establishing indicators to measure how risk is to be managed or reduced over time.

Actions that can be taken between 2016 and 2022 to deliver the objectives were

discussed between SEPA, local authorities and other stakeholders in 2014, and

have been drafted for wider consultation and feedback.

4. Consulting the public

In December 2014 SEPA and the lead local authorities launched a co-ordinated six

month consultation on the information to be published in the Flood Risk Management

Strategies (“FRM Strategies”) and Local FRM Plans which are due for publication in

December 2015 and June 2016 respectively.

These Strategies and Plans are a key part of the Act’s approach to managing flood

risk. Together they will communicate the strategic vision for managing flood risk in

Scotland. They aim to raise awareness of and enhance the understanding of flood

risk in Scotland. They will be used to aid the delivery of co-ordinated action and

decision making to reduce flood risk. The first cycle of plans will run from 2016 to

2021 and will be reviewed and updated every six years thereafter.

5. Flood maps

New Flood Maps for Scotland were published in January 2014. Following

development work supported by local authority partners, SEPA released its first

update (Version 1.1) of the Maps on 3 March 2015. This was the first of a planned

annual cycle of updates intended to ensure that the Flood Maps remain the most

comprehensive national source of information on flood hazard and risk available in

Scotland.

Version 1.1 of the maps has been made publicly available on the SEPA website

along with the underlying data. They are also supported by guidance documentation

and have been shared with strategic flood risk management partners.

SEPA seeks to continually develop the maps with new strategic flood modelling

studies being planned.

6. Flood forecasting and warning

SEPA continues to implement the outcomes of the Flood Warning Strategy which

covers the period 2012-2016. In October 2014 the largest coastal flood forecasting

system introduced in Scotland was launched on the Moray Firth. Work continues on

the development of further new schemes including the Solway Firth coastal warning

scheme which is planned to start operating in the autumn of 2015.

The Scottish Flood Forecasting Service continues to work across both the Met Office

and SEPA in making the most of new developments in science and research for the

benefit of improved forecasting of flood hazards and impacts. Recent scientific

developments include the application of wave ensemble forecasts and forecasts of

countrywide snowmelt across a 1 km grid.

The systems that provide the support to the Floodline service continue to provide a

vital role. Since 2011, the flood warning dissemination system (Horizon) has

successfully issued over 1.3 million flood messages and the flood forecasting and

early warning system has routinely run over half a million flood forecasts. All of this

supports the service Floodline provides to its 20,000 customers.

7. Natural Flood Management

Natural Flood Management (NFM) is the use of natural features to store and slow

down the flow of flood water.

SEPA has been working on the production of an NFM Handbook which it expects to

publish in September 2015. The purpose of the Handbook is to provide those

responsible for delivering NFM measures with the necessary information to achieve

their targeted delivery objectives, from the selection of measures through to

assessment, funding and implementation. SEPA has also been working closely with

the Scottish Government to help facilitate delivery of NFM. This has included the

commissioning of research on the attitudes of land managers to NFM, the potential

compensation payment mechanisms and the integration of NFM into the Scottish

Rural Development Programme. SEPA continues to manage the Pilot Catchment

Project, which seeks to deliver river restoration that benefits both the physical

condition of rivers and flood risk management.

In continuing to seek improved knowledge and understanding of flood hazard and

risk, SEPA is drafting Flood Modelling Guidance to support Responsible Authorities

in delivering flood modelling studies to inform the implementation of flood risk

management actions. The Guidance will provide advice to enable the quality of flood

models to be improved and ensure a better understanding of modelling and mapping

needs. This will lead to increased consistency across organisations that carry out

flood modelling and mapping. The Guidance will complement the NFM Handbook as

it includes guidance on hydrological and hydraulic modelling approaches to scope

the potential benefit to be gained from NFM measures.

8. Flooding and Planning

During 2014, SEPA developed a suite of strategic land use planning actions for

inclusion within FRM Strategies. This will ensure effective links are maintained

between the Land Use Planning System and the FRM Strategies and assist in the

delivery of national and local planning policy through the development of a sound

knowledge base for planning decisions, engagement with key stakeholders and

supporting the delivery of integrated actions across catchments.

The Scottish Centre of Expertise for Waters (CREW) sponsored research project,

entitled “Assessing the Effectiveness of SEPA’s Flood Risk Advice in Planning

Decisions” reported in 2014. The aim of this research was to document the

outcomes of SEPA’s advice on flood risk to local planning authorities in Scotland, for

both development management and development planning. The general aim of the

research was to gather evidence on the extent to which the flood risk advice is

adopted in the planning process. In addition, the project developed a reporting

framework which will allow SEPA to repeat the analysis in the future. The provision

of reporting mechanisms by SEPA should demonstrate progress in flood avoidance,

flood reduction and reducing vulnerability of existing and future development to

flooding in line with the Act.

SEPA continue to work with the Scottish Government to support planning advice in

relation to flood risk, and seek to ensure stakeholder engagement in SEPA’s flood

risk policy work via the Flood Risk and Land Use Planning Working Group.

9. Research

Supported by CREW, SEPA delivered a research project on surface water flood

forecasting for urban communities. This research addressed the challenge of

surface water flood forecasting, producing the UK’s first operational surface water

flood risk forecast with a 24-hour lead time. It delivered a novel method for

forecasting the impacts of flooding in real-time and increased knowledge on

communicating uncertainties in flood risk. This research was successfully piloted in

Glasgow at the Commonwealth Games.

D. Working together to make it work

1. The Scottish Advisory Implementation Forum for Flooding

When the Act came in to force, Scottish Ministers recognised that successful

implementation relied upon the designated responsible authorities along with other

relevant stakeholders working together to co-ordinate their actions. As a result the

Scottish Advisory Implementation Forum for Flooding (SAIFF) was established to

support organisations and stakeholders with an interest in flood risk management.

SAIFF comprises a series of working groups which are known as Task and Finish

Groups, each with a specific remit. These groups are convened to help develop

specific guidance or to undertake further analysis of important technical issues. The

membership of these groups is made up of representatives from the areas of policy

and implementation as well as technical experts. The work of these groups is

managed by the SAIFF Policy Management Group (SAIFF PMG).

The work of the SAIFF Groups has entered a new phase with the focus shifting from

the implementation of the Act towards an ongoing advisory role which is co-ordinated

by the SAIFF Policy Management Group.

The groups are:

a) Policy Management Group (“PMG”)

The PMG consists of representatives from the Scottish Government, Scottish Water,

the Society of Chief Officers of Transportation in Scotland, Heads of Planning,

COSLA and SEPA. The PMG meets on a quarterly basis and its principal purpose is

to give strategic oversight and to provide a co-ordination role in relation to the other

SAIFF groups. This involves establishing Task and Finish Groups, monitoring their

progress against their objectives, signing off completed work such as guidance

documents and disbanding them once their objectives have been met.

b) Appraisal Task and Finish Group

The Appraisal Group was created to provide support and advice to SEPA on the

development of the appraisal method for FRM Strategies and local FRM Plans and

their subsequent delivery. The Group was also commissioned to support the

development of SEPA’s appraisal guidance.

In early 2015 the work of the Group was completed and the Group has now been

disbanded.

c) Quality and Standards Task and Finish Group

This Group was established to make recommendations to the Scottish Government on objectives for the Quality and Standards Ministerial Directions in the specified investment period to ensure Scottish Water’s duties under the Act are met.

In December 2014 the Group published an updated cost benefit analysis chapter of the Surface Water Management Planning Guidance. This amended the full guidance document which was produced by the Group in 2013.

d) Land Management Task and Finish Group

The Group was established to assist SEPA in taking forward a number of specific tasks related to assessment of the potential for natural flood management (NFM) as required under the Act. The group provides advice to SEPA and actively contributes to the development of tasks.

During the year the Group provided input into the reform of the Scottish Rural Development Programme (SRDP) and has been involved with the drafting of new flooding options and new targeting maps and guidance (e.g. removal of river embankments) which are now complete. The group also assisted in the development of a new co-operative action fund under SRDP which will contribute £10 million towards the facilitation of collaborative applications between land managers.

The Group has an oversight role in relation to the Scottish Government project on mechanisms to compensate land managers for NFM.

The Group has also continued to support NFM demonstration projects such as the Eddleston Water project, Bowmont project and the Allan Water project.

e) SAIFF Planning Group

This group brings together SEPA, Scottish Water and local authorities to support the FRM Planning process. The Group has focused on producing templates for the FRM Strategies and the Local FRM Plans. This work was completed and the group has since been tasked with an advisory function in relation to the production of the Local FRM Plans.

f) SAIFF Local Authority Implementation Group

This group was established to help local authorities plan for the implementation of

the Act, particularly in relation to their responsibilities under Part 4 of the Act which

outlines local authority functions in relation to flood risk management. During the

year the Group focused on producing guidance for local authorities developing flood

protection schemes. This was published in July 2014 and can be found at this link

http://www.gov.scot/Publications/2015/07/7909. In the latter part of the year the

Group began work on producing guidance on the responsibilities that local

authorities have for carrying out clearance and repair works on watercourses within

their area.

g) SAIFF Communications Task and Finish Group

The SAIFF Communications Task and Finish group was created to take forward a

co-ordinated communications strategy under the Act. The group has developed tools

and protocols to improve the co-ordination between the respective communications

functions of bodies involved in implementing the Act.

The Group was effectively relaunched during the year and given new terms of

reference intended to clarify its role and improve co-operation with other SAIFF

groups and partner organisations. The major focus of work undertaken by the Group

during the year was the publicity associated with the public consultation on draft

FRM Strategies and Plans.

2. Flooding Policy Stakeholders Group (“FPSG”)

The Scottish Government’s FPSG promotes awareness of developments in flood risk

policy. It meets twice a year and brings together a wide range of stakeholder

organisations with an interest in flood risk management.

E. Dealing with the Effects of Flood Events

1. Flood Insurance

Access to affordable flood insurance is critically important to help households

recover from the severe financial impacts and damage from flooding.

However, insurance is a reserved matter, so the Scottish Government is working in

co-operation with the UK Government and the other Devolved Administrations to

ensure flood insurance remains widely available and affordable. The UK Water Act

2014 contains powers allowing for the introduction of a flood reinsurance scheme,

known as “Flood Re”, which should ensure that flood insurance remains affordable to

those who need it. The draft regulations to establish Flood Re were laid before

Parliament on 24 March 2015. The intention is that Flood Re will begin operating on

1 April 2016, and will provide transitional support to households at flood risk over a

25 year period as part of a gradual transition towards more risk-reflective prices.

In the meantime, we are working to reduce flood risk across the whole of Scotland

through the implementation of the Act and the continued funding of large scale flood

protection schemes.

2. Property Level Protection

Property level protection (PLP) encompasses a wide range of measures that

individual property owners can take to protect their property from flooding, or which

can help reduce the impact and damage caused should a flood occur.

Advances in innovative PLP products (i.e. flood guards and doors, non-return valves,

automatic airbrick covers) over the last 10 years means that PLP now provides a

new flood management action that local authorities, Scottish Water and individuals

can take to protect property and limit the impact and consequences of flooding. This

can bring greater peace of mind as well as economic gains and the prospect of a

reduction in insurance claim costs.

In December 2014 the Scottish Government published research to assess the flood

risk management benefits of PLP in Scotland, specifically, to help raise awareness

and promote the wider use of PLP as a valuable flood risk management action.

Guidance has also been provided for local authorities to ensure that when PLP is

used there is appropriate management and procurement. This reduces the risks of

failure of the products and maximises the economic return.

The research estimated that 43,000 properties in Scotland could potentially benefit

from PLP. Analysis of climate change to 2035 suggests that the total number of

properties that could benefit from PLP in Scotland is set to increase by 30% to

56,000. This suggests that, with relatively small increases in sea level, river flow and

rainfall, the number of properties at risk of flooding could increase substantially,

particularly for those properties at risk from the more frequent flood events. This

suggests that PLP and other mitigation measures that focus on the more frequent

flood events may have a much bigger role to play in flood risk management in

Scotland.

3. The Scottish Flood Forum (“SFF”)

The SFF is a charitable organisation that provides help and support to communities

and individuals in Scotland that have been affected by flooding or who are at risk of

flooding. Their work covers two important areas of flood risk management. It

provides support to communities recovering from a flood event as well as helping

communities build resilience to flooding. This is achieved through providing practical

help and assistance to communities in the aftermath of a flood event, helping to

establish community flood groups and produce community flood plans, carrying out

property surveys and recommending PLP products to protect individual households

or businesses as well as whole communities.

The Scottish Government recognises the important work that the SFF currently

provides and can provide in the future in helping to deliver the objectives of the Local

FRM Plans. The Scottish Government continues to support communities through the

work of the SFF by awarding it grant funding of £140,000 in 2014/15 and by

extending this level of funding to 2015/16.

4. Annual Flood Risk Management Conference

The 10th Annual Flood Risk Management Conference organised by SNIFFER was held in February 2015. This two day event provided an opportunity for networking across Scotland’s FRM community. The opening address at the conference was given by Dr Aileen McLeod MSP, Minister for Environment, Climate Change and

Land Reform. Presentations from the conference can be found at: http://www.sniffer.org.uk/knowledge-hubs/resilient-catchments/flood-risk-management/flood-risk-management-conference-2015/

SNIFFER is a registered charity which delivers knowledge based solutions to resilience and sustainability issues.