With flooding being a frequent news item, the planning system has an important role in addressing flood risk.
NPF4 policy 22
NPF4 policy 22 is about flood risk and water management. The intent is to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding.
SEPA guidance
In July SEPA issued guidance, updated to align with NPF4: flood risk standing advice; flood risk and land use vulnerability guidance; and position statement on development protected by formal flood protection schemes .
Murrayfield Sports Bar
The recent refusal of planning permission for a student accommodation development in Edinburgh shows the difficulties addressing the planning implications of flood risk.
The site is around 250m from the Water of Leith. The area between the site and the river has a range of buildings and uses. The wider area has a mix of tenements and flats, small and large scale retail, commercial units and student accommodation.
The site is within the 1 in 200 year flood risk area. Under NPF4 policy 22, redevelopment of the site would only be supported if the proposal was for an equal or less vulnerable use. The existing bar use falls into the least vulnerable use category, whereas student accommodation is within the highly vulnerable use category.
The Report to Committee recommended approval, as the flood risk did not outweigh the benefits of the proposal and its broad compliance with the objectives of the development plan. It noted the development included mitigation measures to manage flood water in extreme events without accommodation quarters flooding.
The committee disagreed, and refused permission on the grounds of flood risk.
On appeal, permission was refused. The scale and nature of the proposal and the lack of demonstrable design solution to achieve safe exit from the building led the reporter to conclude the proposal was not in overall accordance with the development plan.
Notification to Scottish Ministers
The importance of the flood risk issue is emphasised by the requirement for planning authorities to notify the Scottish Ministers if they intend to grant planning permission contrary to a flood risk objection by SEPA.
The notification procedure provides an opportunity for the Ministers to call-in the application for their determination. However, the Ministers often decide not to call-in the application, clearing it back to the planning authority to grant permission – a recent example is a housing development in Perth.
Training
The Town and Country Planning Association has online learning resources on planning for flood risk. Those are based on the English PPG, but are of general use.
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