§ Mr. GardinerTo ask the Deputy Prime Minister if he will make it a requirement that when local authorities draw up section 106 agreements with developers(a) consideration is given to any increased flooding risks caused by the developments and (b) developers should be obliged to meet the financial burdens caused by this flooding risk. [101341]
§ Mr. McNultyPlanning policy guidance note (PPG) 25 "Development and flood risk" already advises that Section 106 agreements, entered into before permission is granted, may be an appropriate means of ensuring that the provision and future maintenance of any necessary flood defence or flood alleviation works required because of a development are fully funded by the developer as part of the development. It also advises that similar arrangements may be needed in respect of the maintenance and renewal of culverts or of sustainable drainage systems.
The primary responsibility for dealing with flooding issues lies with the landowner under common law. In particular, individual property owners are responsible
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Table 1 1998 1999 2000 2001 2002 Barking and Dagenham 0 0 0 0 0 Barnet 2 2 2 0 0 Bexley 0 0 0 0 0 Brent 29 19 16 7 4 Bromley 1 1 1 0 0 Camden 59 66 54 38 28 City of London 41 36 40 30 41 for managing the drainage of their land to prevent nuisance to neighbouring property. Where a person's actions, such as acts of development of land, cause flooding that would not have occurred otherwise then that person may be liable in negligence for damages caused. However, proving the causal link may not be straightforward and that is a matter for the courts to determine. It is, therefore, very much in the interests of developers to ensure that the sites they build on are not vulnerable to flooding and do not add to flood risk at other properties.