The Flood Risk Regulations 2009

Flood risk management plans E+W

27.—(1) A flood risk management plan is a plan for the management of a significant flood risk.

(2) The plan must include details of—

(a) objectives set by the person preparing the plan for the purpose of managing the flood risk, and

(b) the proposed measures for achieving those objectives (including measures required by any provision of an Act or subordinate legislation).

(3) In setting the objectives, the person preparing the plan must have regard to the desirability of—

(a) reducing the adverse consequences of flooding for—

(i) human health,

(ii) economic activity, or

(iii) the environment (including cultural heritage), and

(b) reducing the likelihood of flooding, whether by exercising powers to carry out structural work or otherwise.

(4) The measures must, in particular, include measures relating to—

(a) the prevention of flooding,

(b) the protection of individuals, communities and the environment against the consequences of flooding, and

(c) arrangements for forecasting and warning.

(5) In determining the proposed measures for achieving the objectives, the person preparing the plan must have regard to—

(a) the costs and benefits of different methods of managing the flood risk,

(b) the information included in the flood hazard map and the flood risk map,

(c) the river basin management plan for the area,

(d) the effect of floodplains that retain flood water,

(e) the environmental objectives, within the meaning of regulation 2 of the Water Environment Regulations, and

(f) the likely effect of a flood, and of different methods of managing a flood, on the local area and the environment.

(6) A flood risk management plan must include—

(a) a map showing the boundaries of the flood risk area,

(b) a summary of the conclusions drawn from the flood hazard maps and flood risk maps for the area,

(c) a description of the proposed timing and manner of implementing the measures mentioned in paragraph (2)(b), including details of the bodies responsible for implementation,

(d) a description of the way in which implementation of those measures will be monitored,

(e) a report of the consultation under paragraph (7), and

(f) where the person preparing the report thinks it appropriate, information about how the implementation of measures under the flood risk management plan and the river basin management plan for the area will be co-ordinated.

(7) The [F1 appropriate agency] and each lead local flood authority must consult the following about the proposed content of a flood risk management plan—

(a) authorities listed in regulation 36(3) that may be affected by the plan, and

(b) the public.

(8) A lead local flood authority must have regard to any guidance issued by the [F2 appropriate agency] about the form of flood risk management plans.

[F3 (9) In relation to an English cross border area—

(a) paragraph (7) applies as if the reference to the [F4 appropriate agency] is a reference to the Environment Agency and the Scottish Environment Protection Agency acting jointly, and

(b) paragraph (8) applies as if the reference to guidance issued by the [F5 appropriate agency] is a reference to guidance issued by the Environment Agency and the Scottish Environment Protection Agency acting jointly.]

Textual Amendments

F1 Words in reg. 27(7) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 348(2) (with Sch. 7)

F2 Words in reg. 27(8) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 348(2) (with Sch. 7)

F3 Reg. 27(9) substituted (30.4.2010) by The Flood Risk (Cross Border Areas) Regulations 2010 (S.I. 2010/1102), regs. 1(2), 19

F4 Words in reg. 27(9)(a) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 348(3) (with Sch. 7)

F5 Words in reg. 27(9)(b) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 348(3) (with Sch. 7)