THE BLACK COUNTRY LOCAL FLOOD RISK MANAGEMENT STRATEGY

50600596 THE BLACK COUNTRY LOCAL FLOOD RISK MANAGEMENT STRATEGY STRATEGIC ENVIRONMENTAL ASSESSMENT OCTOBER, 2015

THE BLACK COUNTRY LOCAL FLOOD RISK MANAGEMENT STRATEGY THE BLACK COUNTRY LOCAL FLOOD RISK MANAGEMENT STRATEGY The Black Country Local Authorities Project no: 50600596 Date: October, 2015 WSP Parsons Brinckerhoff Three White Rose Office Park, Millshaw Park Lane Leeds LS11 0DL Tel: +0 (0) 113 395 6200 Fax: +0 (0) 113 395 6201 www.wspgroup.com www.pbworld.com

QUALITY MANAGEMENT ISSUE/REVISION FIRST ISSUE REVISION 1 REVISION 2 REVISION 3 Remarks Draft for Consultation Date 28/10/2015 Prepared by Kim Bossingham Signature Checked by Nic Macmillan Signature Authorised by Nic Macmillan Signature Project number 50600596 Report number File reference V1 \aaenvironmentalp LANNING\04projects\50 600596 Black Country SEA\3.SEA

ii TABLE OF CONTENTS ABBREVIATIONS...3 1 INTRODUCTION...4 2 STRATEGIC ENVIRONMENTAL ASSESSMENT...8 3 APPRAISAL OF LFRMS...25 4 NEXT STEPS...33 APPENDICES APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E REVIEW OF PLANS, PROGRAMMES AND SUSTAINABILITY OBJECTIVES BASELINE DATA SCOPING COMMENTS LFRMS MEASURES AND ACTIONS ASSESSMENT OF THE LFRMS The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

3 ABBREVIATIONS AMR Annual Monitoring Report AONB BAP CRoW csac DCLG DMBC EA EIA FMfSW FCERM HAPs HLC HRA LAs LFRMS LLFAs LNR LSOA NNR NPPF NTS NVZs ONS PFRA pspa RBMP RSDF SA SAC SAPs SEA SFRA SHLAA SINCs SMBC SPA SSSIs SuDS WC WCC WFD Area of Outstanding Natural Beauty Biodiversity Action Plan Countryside and Rights of Way Act candidate Special Areas of Conservation Department for Communities and Local Government Dudley Metropolitan Borough Council Environment Agency Environmental Impact Assessment Flood Map for Surface Water Flood and Coastal Erosion Risk Management Habitat Action Plans Historic Landscape Characterisation Habitats Regulations Assessment Local Authorities Local Flood Risk Management Strategy Local Flood Risk Authorities Local Nature Reserves Lower Super Output Areas National Nature Reserves National Planning Policy Framework Non Technical Summary Nitrate Vulnerable Zones Office of Neighbourhood Statistics Preliminary Flood Risk Assessment potential Special Protection Areas River Basin Management Plan Regional Sustainable Development Framework Sustainability Appraisal Special Areas of Conservation Species Actions Plan Strategic Environmental Assessment Strategic Flood Risk Assessment The Strategic Housing Land Availability Assessment Sites of Importance for Nature Conservation Solihull Metropolitan Borough Council Special Protection Areas Sites of Special Scientific Interest Sustainable Drainage Systems Walsall Council Wolverhampton City Council Water Framework Directive The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

4 1 INTRODUCTION 1.1 BACKGROUND TO AND PURPOSE OF THIS REPORT 1.1.1 A Local Flood Risk Management Strategy (LFRMS) has been prepared for the Black Country Local Authorities (LA s). The Black Country LA s comprise Sandwell Metropolitan Borough Council (SMBC), Dudley Metropolitan Borough Council (DMBC), Walsall Council (WC) and Wolverhampton City Council (WCC). 1.1.2 As part of the production of the Black Country LFRMS, a Strategic Environmental Assessment (SEA) was undertaken. This report provides a summary of the SEA process so far and presents the findings and recommendations of the assessment of the Black Country LFRMS. 1.1.3 This SEA Report provides a summary of the SEA process so far and presents the findings and recommendations of the assessment of the LFRMS. The key aims of this SEA Report are to: Provide information on the LFRMS and the SEA process; Present the key existing social, economic and environmental conditions within the Black Country, in the context of existing plans, programmes and sustainability objectives, together with relevant baseline information; Identify, describe and evaluate the likely significant effects of the LFRMS; Recommend measures to avoid, reduce or offset any potentially significant adverse effects; and Propose an approach to monitoring that can be used to monitor the identified significant effects. 1.2 BACKGROUND TO AND PURPOSE OF THE BLACK COUNTRY LFRMS 1.2.1 Under the Flood and Water Management Act 2010, the Black Country LA s have a key role in the management of flood risk and this includes a duty to develop and maintain a local strategy for flood risk management. The purpose of this strategy is to explain how they will manage flood risk from surface water, groundwater and ordinary watercourses, now and in the future. It will provide details of other organisations that are responsible for managing flood risk and what those responsibilities are. 1.2.2 The Act requires LFRMS s to specify: The risk management authorities within the authority s area (in the Black Country, these are the Environment Agency, SMBC, DMBC, WC and WCC (as the Lead Local Flood Authorities (LLFAs) and the Highway Authorities) and Severn Trent Water; The flood and coastal erosion risk management functions that may be exercised by those authorities in relation to the area; The assessment of local flood risk for the purpose of strategy; The objectives for managing the local flood risk (including any objectives included in the authority s flood risk management plan prepared in accordance with the Flood Risk Regulations 2009); The measures proposed to achieve those objectives; How and when the measures are expected to be implemented; The costs and benefits of those measures, and how they are to be paid for; The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

5 How and when the strategy is to be reviewed; and How the strategy contributes to the achievement of wider environmental objectives. 1.2.3 LLFA s must consult risk management authorities that may be affected by the strategy as well as the general public about its LFRMS. 1.2.4 The Strategy provides a set of flood risk management objectives and actions that will ensure that these objectives are achieved within the Black Country. It will also help individuals, communities and businesses and understand flood risk and what action they can take to reduce the effects of flooding. 1.2.5 The Objectives for managing flood risk within the Black Country reflect the Government s strategic objectives (set out in the National Flood and Coastal Erosion Risk Management Strategy for England, Environment Agency and Defra, 2011) at a local level and are detailed in Section 2.4.9 1.3 BACKGROUND TO AND PURPOSE OF THE SEA 1.3.1 SEA is a systemic process for evaluating the sustainability effects of plans and programmes to ensure that sustainability issues are integrated and assessed at the earliest opportunity in the decision-making process, and that sustainable development is at the heart of the plan-making process. Article 1 of the SEA Directive states that the aim is to: provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development 1.3.2 SEA became a requirement when the European Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (known as the SEA Directive ) was implemented in Member States in July 2004. The Directive was transposed in England through the Environmental Assessment of Plans and Programmes Regulations, 2004, under which SEA is a mandatory requirement for certain plans and programmes which are likely to give rise to significant environmental impacts. Flood Risk Management Strategies do not clearly fall within the requirements of these regulations. 1.3.3 However, under the Flood and Water Management Act (2010) ( the Act ), local authorities were given a new role to manage local flood risk in their area. The Act requires the LLFAs, which includes the Black Country LA s, to produce an LFRMS. These strategies must be consistent with the National Flood and Coastal Erosion Risk Management Strategy. They will set out a vision for the management of flood risk and, although the Act specifies some of the key elements that must be included in the LFRMS, it is intended that they will be locally specific, reflecting key local issues and enabling communities to be more involved in decision-making regarding flood risk management. Guidance on the production of LFRMSs 1 refers to the need for them to be subject to SEA, stating that the local FRM Strategy is likely to require statutory SEA, but this requirement is something the LLFA must consider. 1.3.4 Given the uncertainty around the need for SEA and the likely delays and costs associated with screening, the Black Country LA s have decided to take a pragmatic approach and subject their emerging LFRMS to SEA. It is also noted that the guidance recognises that: LLFAs should take a proportionate approach to applying SEA to local strategies particularly when environmental effects are not evident in the early stages of plan development. As the detail of plans develops, SEA should be reviewed. 1 Framework to assist the development of the Local Strategy for Flood Risk Management A Living Document 2nd Edition, November 2011 The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

6 1.3.5 The SEA has been undertaken in accordance with the Department for Communities and Local Government (DCLG) National Planning Practice Guidance (March 2014) on SEA and Sustainability Appraisal (SA). In addition, published Government guidance on SEA (referred to as the Practical Guide) has also been followed 2. 1.3.6 The preparation of the LFRMS has been developed iteratively with the SEA process. An overall SEA Scoping Report was prepared in August 2015, which was consulted upon with statutory consultees (Natural England, English Heritage, Historic England and Environment Agency). Following confirmation of the scope of the SEA, an appraisal was undertaken of the LFRMS Objectives, Measures and Actions. This report presents details of the process and the assessment results. It is essential that the LFRMS is read in conjunction with this SEA Report. 1.4 HABITATS REGULATIONS ASSESSMENT 1.4.1 European Council Directive 92/43/EEC on the Conservation of natural habitats and of wild flora and fauna (the Habitats Directive ) requires that any plan or programme likely to have a significant impact upon Natura 2000 site: Special Area of Conservation (SAC), candidate Special Areas of Conservation (csac), Sites of Community Importance (SCI), Special Protection Area (SPA), potential Special Protection Area (pspa) and Ramsar site, which is not directly concerned with the management of the site for nature conservation, must be subject to Appropriate Assessment. The overarching process is referred to as Habitats Regulations Assessment (HRA). 1.4.2 A HRA screening exercise has been undertaken in parallel to the preparation of this SEA to determine whether the Black Country LFRMS (either in isolation and / or in combination with other plans or projects) would generate adverse impacts upon the integrity of Natura 2000 sites, in terms of its conservation objectives and qualifying interests. This process has been documented in a HRA Screening Report that has been submitted to Natural England. 1.4.3 The purpose of the HRA Screening report is it: Confirm the study area and the European sites that need to be considered; Consider the policy contest within which the work will be undertaken; Confirm the overall methodology; Identify the issues to be considered; and Contribute to an audit trail for HRA related work. 1.5 STRUCTURE OF THIS REPORT 1.5.1 Table 1.1 provides an outline of the contents and structure of this SEA. Table 1.1 Contents and Structure of this SEA Report SECTION OF THE SEA REPORT Non-Technical Summary (separate document) Abbreviations OUTLINE CONTENT Summary of the SEA process and SEA Report in plain English (a legislative requirement). Abbreviations used in this report. 2 Office of the Deputy Prime Minister (ODPM) et al. (2005) A Practical Guide to the Strategic Environmental Assessment Directive The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

7 SECTION OF THE SEA REPORT OUTLINE CONTENT 1: Introduction Provides the background to, purpose of, and structure of the LFRMS and the SEA Report. 2: Strategic Environmental Assessment 3: Appraisal of the LFRMS This section outlines the legal requirements for the SEA. It outlines the key elements of the SEA process and the approach adopted for appraising the effects of the LFRMS (including the SEA Framework), together with an overview of the consultation requirements. It identifies the links to other strategies, plans and programmes and sustainability objectives, and describes the baseline characteristics and the predicted future baseline for the topics identified in the SEA Directive. It also presents the main sustainability issues and problems identified. The difficulties in collecting baseline data and limitations of the data are identified. Outlines the alternative options to the LFRMS that were considered, and presents the appraisal of the alternatives. Presents the full appraisal of the LFRMS against the SEA Framework including cumulative effects, including details of recommendations / mitigation measures that could be implemented to improve the performance of the LFRMS. 4: Next Steps and Identifies the next steps in the SEA process, following consultation on the SEA Monitoring Framework Report. Details of how to comment upon the SEA Report are also provided. Appendix A Presents the full analysis of relevant Plans, Programmes and Sustainability Objectives and their relationship / conflicts with the LFRMS. Appendix B Contains the baseline data, a summary of which is presented in Section 2. Appendix C Appendix D Appendix E Presents the Scoping Report Consultation outcomes. Presents the LFRMS Measures and Actions. Assessment of the SEA against the LFRMS Objectives, Measures and Actions. The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

8 2 STRATEGIC ENVIRONMENTAL ASSESSMENT 2.1 INTRODUCTION 2.1.1 SEA is an essential tool for ensuring that the principles of sustainable development are inherent throughout the preparation of the LFRMS and that it complies with the relevant planning guidance. The overarching aim of the process is to contribute to better decision-making and planning. SEA is an iterative process and follows a series of prescribed stages (refer to Table 2.1) in which the elements of the LFRMS have been appraised against Sustainability Objectives (SEA Objectives), to encourage the selection of the most sustainable options and to ultimately improve the sustainability of the development that is brought forward. 2.2 STAGES IN THE SEA PROCESS 2.2.1 The Practical Guide subdivides the SEA process into a series of prescribed stages, through which the elements of the LFRMS have been appraised using a set of Sustainability Objectives. While each stage consists of specific tasks, the intention should be that the process is iterative. Table 2.1 presents the key stages in the SEA process, together with the SEA Directive requirements for each stage. Reference is given to where the requirements and specific tasks have been addressed within this SEA Report. The table also demonstrates how each of the SEA stages is linked to the preparation and development of the LFRMS. Table 2.1 Stages in the SEA Process and SEA Directive Requirements SEA STAGE KEY SEA DIRECTIVE REQUIREMENTS RELEVANT SECTION OF THE SEA REPORT APPLICATION TO THE LFRMS Stage A: Setting the context and objectives, establishing the baseline and decided on the scope A1: Identifying other relevant policies, plans and programmes and sustainability objectives The environment report should provide information on: the relationship (of the plan or programme) with other relevant plans and programmes (Annex 1 (a)) the environmental protection objectives, established at international (European) Community or Member State level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation (Annex 1(e)) Section 2 and Appendix A. Stage A corresponds to the scoping stage of the SEA and the findings of this stage are presented in the Scoping Report that was consulted upon in 2015. During this stage the scope of the SEA for the LFRMS was defined. A2: Collecting baseline information The environment report should provide information on: relevant aspects of the current state of the Section 2 and Appendix B The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

9 SEA STAGE KEY SEA DIRECTIVE REQUIREMENTS RELEVANT SECTION OF THE SEA REPORT APPLICATION TO THE LFRMS A3: Identifying sustainability issues and problems environment and the likely evolution thereof without its implementation of the plan or programme and, the environmental characteristics of the areas likely to be significantly affected (Annex 1(b), (c)) any existing environmental problems which are relevant to the plan or programme including, in particular, those relating to any areas of a particular environmental importance, such as areas designated pursuant to Directives 79/409/EEC and 92/43/EEC (Annex 1(c)) Section 2 A4: Developing the SEA Framework N/A Section 2 A5: Consulting The authorities referred to in Article 6(3) on the scope of shall be consulted when deciding on the the SEA scope and level of detail of the information which must be included in the environmental report. (Article 5.4) The scope of the appraisal is presented in Section 2. A Scoping Report was produced and consulted upon. Stage B: Developing and Refining Options and Assessing Affects B1: Testing the LFRMS objectives against the SEA Framework B2: Developing the LFRMS Options B3: Predicting the effects of the LFRMS B4: Evaluating the effects of the LFRMS The environment report should consider reasonable alternatives taking into account the objectives and the geographical scope of the plan or programme and give an outline of the reasons for selecting the alternatives dealt with (Article 5.1 and Annex I(h)) In the environmental report, the likely significant effects on the environment of implementing the plan or programme and reasonable alternatives are [to be] identified, described and evaluated (Article 5.1) Section 3 and Appendix E. Stage B of the SEA process is linked to the overall production of the LFRMS which includes the development of plan options. There has been a considerable degree of interaction between the plan-making and SEA teams during this stage in the process. This has enabled potential adverse effects of the LFRMS to be avoided / minimised and potential sustainability benefits maximised. Stage B is the primary assessment stage of the The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

10 SEA STAGE KEY SEA DIRECTIVE REQUIREMENTS RELEVANT SECTION OF THE SEA REPORT APPLICATION TO THE LFRMS B5: Annex I (g) states that it should also Considering include measures envisaged to prevent, ways of reduce and as fully as possible offset any mitigating significant adverse effects on the adverse effects environment of implementing the plan or and programme maximising beneficial effects SEA process and is the main output of this report. B6: Proposing measures to monitor the significant effects of implementing the LFRMS s The Environmental Report should provide information on a description of the measures envisaged concerning monitoring (Annex I (i)) Stage C: Preparing the Strategic Environmental Assessment C1: Preparing the SEA Report Article 5.1 contains the requirement for an This SEA Report environmental report to be produces where represents the an assessment is required. The required Stage C environmental report shall include the output. information that may reasonably be required taking into account current knowledge and methods of assessment, the contents and level of detail in the plan or programme, its stage in the decisionmaking process and the extent to which certain matters are more appropriately assessed at different levels in that process in order to avoid duplication (Article 5.2). Details of the information to be given in the Environmental Report are provided in Annex 1. This SEA Report has been produced in line with the requirements of the SEA Directive for producing an SEA Report. A Non-Technical Summary is also provided. Stage D: Consultation on the Proposed Submission Documents and the SEA Report D1: Public participation on the proposed submission documents Article 6 contains the requirements for the draft plan or programme and the environmental report to be made available to statutory authorities and the public. They should be given an early and effective opportunity within time frames to express their opinions (Article 6.2). Arrangements for consultation are indicated in Section 4. The SEA Report and the LFRMS will be consulted upon in accordance with Regulation 27 of the Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008. D2: Appraising significant N/A N/A Following the receipt of representations, the SEA The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

11 SEA STAGE KEY SEA DIRECTIVE REQUIREMENTS RELEVANT SECTION OF THE SEA REPORT APPLICATION TO THE LFRMS changes resulting from representations D3: Making decisions and providing information Report may need to be updated to reflect comments received. The SEA Report will need to be updated to accompany the Publication (Regulation 30) version of the LFRMS. It will be essential for the SEA Report and the LFRMS to remain consistent. Stage E: Monitoring the significant effects of implementing the LFRMS E1: Finalising aims and methods for monitoring E2: Responding to adverse effects Member States shall monitor the significant environmental effects of the implementation of plans and programmes. in order, inter alia, to identify at an early stage unforeseen adverse effects, and to be able to undertake appropriate remedial action (Article 10.1) Monitoring will Monitoring will commence once the commence once the LFRMS has been LFRMS has been adopted. A draft approved and published. monitoring framework is included within Section 5 of this SEA Report. 2.2.2 The following sections detail the activities that have been, and are proposed to be, undertaken at each stage of the SEA process. This provides context and background to the SEA to date including its agreed scope, the methodology for the appraisal of the LFRMS, and the technical limitations to the appraisal. 2.3 STAGE A: SETTING THE CONTEXT, ESTABLISHING THE BASELINE AND DECIDING ON THE SCOPE REVIEW OF PLANS, POLICIES AND SUSTAINABILITY OBJECTIVES 2.3.1 A review of other plans and programmes that may affect the preparation of the LFRMS was undertaken to identify the relationship between them. 2.3.2 This included: Identification of any external social, environmental or economic objectives, indicators or targets that should be reflected in the SEA process; Identification of any baseline data relevant to the SEA; Identification of any external factors that might influence the preparation of the plan, for example sustainability issues; Identification of any external objectives or aims that would contribute positively to the development of the LFRMS; and Determining whether there are clear potential conflicts or challenges between other identified plans, programmes or sustainability objectives and the emerging LFRMS. The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

12 2.3.3 The review included documents prepared at international, national, regional (sub-regional) and local scale. These documents cover a broad range of issues, not all of which apply directly to the LFRMS. The key principles of relevant plans, programmes and sustainability objectives were taken forward to positively influence the direction of the LFRMS. The initial review was undertaken during the preparation of the SEA Scoping Report. This has since been updated in accordance with consultee feedback on the Scoping Report and checked to ensure it includes any subsequent changes to the plan policy context. The full review is presented in Appendix A. NATIONAL PLANS AND PROGRAMMES 2.3.4 A review was undertaken of relevant legislation, plans and strategies. The Government establishes the broad guidelines and policies for a variety of different topics in the National Planning Policy Framework (NPPF), which streamlines national planning policy into a consolidated set of priorities to consider when planning for and deciding on new development. The principle of sustainable development is at the heart of the NPPF. REGIONAL, SUB-REGIONAL AND LOCAL LEVEL PLANS 2.3.5 A suite of plans and strategies have been produced at the regional, sub-regional and local level covering a variety of topics including: biodiversity; population; human health; soil and land quality; minerals and waste; transportation; cultural heritage; landscape and townscape; climate change and flood risk. All of the objectives of these plans as well as some of the challenges they raise need to be taken on board and driven forward as appropriate. However, it must be noted that the overarching goals of these plans and strategies may be outside the remit of the LFRMS which forms only an individual part of a number of different vehicles trying to deliver the regional and county level targets. KEY RESULTS FROM THE REVIEW 2.3.6 There are many common themes emerging through the review of plans, programmes and sustainability objectives and the list below provides a summary of the main themes and issues identified: The need to reduce greenhouse gas emissions and increase energy efficiency; The need to promote the use of renewable energy and renewable technologies in appropriate locations; The need for the protection and enhancement of the quality and character of urban and more rural areas; Recognising the need for development to be appropriate to the landscape and townscape setting and context; The need to conserve and enhance biodiversity as an integral part of economic, social and environmental development; The need to protect and enhance the historic environment; Recognising the importance of open spaces, sport and recreation and the contribution that they make to enhancing quality of life; The prudent use of natural resources; The need to promote and protect the water environment including issues such as quality and resource use; The need to adapt to the threat posed by climate change; The need for long-term sustainable patterns of development that provide for the economic and social needs of all populations; Raising levels of health and well-being and promoting greater levels of physical activity; and The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

13 Promoting higher levels of design quality including improvements to energy efficiency. ESTABLISHING THE BASELINE 2.3.7 Characterising the environmental and sustainability baseline, issues and context helps to define the SEA Framework. It involves the following key elements: Characterising the current state of the environment within the Black Country (including social and economic aspects as well as the natural environment); and Using this information to identify existing problems and opportunities which could be considered in the LFRMS where relevant. 2.3.8 The baseline was characterised through the following methods: Review of relevant local, sub-regional, national and international plans, policies and sustainability objectives; Data gathering using a series of baseline indicators developed from the SEA Directive topics, and the data available for the Black Country; and Consideration of the scope and contents of the LFRMS. 2.3.9 A detailed description of the baseline characteristics of the Black Country is provided in Appendix B. Obtaining these datasets would help to further increase the knowledge of the areas and therefore the potential impacts of the LFRMS. 2.3.10 The baseline data has been used to identify the key sustainability issues and opportunities within the Black Country, a summary of which is presented in Table 2.2. Although these have been grouped by broad sustainability theme, many are indirectly or directly linked and are therefore closely related. As with the plan policy context, the baseline data has been reviewed and updated following consultation on the SEA Scoping Report. Table 2.2 Summary of Key Sustainability Issues and Opportunities within the Black Country SEA TOPIC KEY SUSTAINABILITY ISSUES KEY SUSTAINABILITY OPPORTUNITIES Biodiversity, Flora and Fauna There are a number of designated sites for nature conservation in the Black Country, included Sites of Special Scientific Interest (SSSI s), SAC and National Nature Reserves (NNR), together with numerous Local Nature Reserves (LNRs) and locally designated nonstatutory sites. Any increase in flood risk may pose a threat to the integrity of habitats and the distribution of species and habitats. Management of the water environment should ensure benefits upon biodiversity, notably the area s protecting species and habitats. The LFRMS has a role in ensuring measures that have regard to potential impacts on biodiversity flora and fauna. The management of flooding should be designed for the benefit of wildlife. There is a need to understand how flood risk areas correlate with designated areas. There is an opportunity to improve water quality through control of surface water runoff and point discharges, from both existing and proposed development. Good habitat and riverine structure benefits biodiversity and water quality. Use of Sustainable Drainage Systems (SuDS) in new development and on integrated green corridors would benefit The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

14 SEA TOPIC KEY SUSTAINABILITY ISSUES KEY SUSTAINABILITY OPPORTUNITIES biodiversity. Population and Human Health In 2001, Wolverhampton had a population of 249,470 which grew by 5.17% in 2011. Walsall grew by 5.88% to a population of 269,323 in 2011. Sandwell had a population of 308,063 in 2001 and grew by 8.17%. Dudley had a population of 312,925 and grew by 2% by 2011. Population growth is likely to place increasing pressure on water resources in terms of water supply. Inappropriate development within flood plains must be avoided. Without a change in practices, higher levels of development are likely to increase surface water runoff from urbanised areas and potentially contribute further to flood risk, irrespective of the impacts of climate change. The LFRMS will have a role in reducing flood risk. It should help to ensure that the Black Country is able to accommodate planned new development without increasing local flood risk. There may be opportunities to improve the quality of river corridors as green links, enhancing local environmental quality and helping to improve quality of life, especially in the most deprived neighbourhoods. SuDS should be incorporated into all new developments wherever feasible to reduce flood risk. Flooding can have a great impact on people s psychosocial needs and mental health. Soil and Land Quality Flooding can lead to soil erosion, and in relevant locations soil erosion can contribute to higher phosphate levels in waterbodies. Any adverse impacts on its stability or fertility as a result of the LFRMS must be avoided. The LFRMS will have a role in helping to avoid damage to soils, for example as a result of rapid surface run-off causing soil erosion. Water Parts of the Black Country are susceptible to flood risk. Such areas are likely to increase over time as a consequence of climate change. The LFRMS could have a role in achieving Water Framework Directive targets and reflect the catchment approach to planning. There are a range of water features within the Black Country. It should be ensured that inappropriate development (any development constructed against EA advice on flooding or which, by virtue of its location or operation, would increase the risk of flooding to people or property) is prevented. Water resources are likely to be susceptible to increased pressure in the future. Where possible, SuDS should be used to manage and reduce surface run-off rates and further reduce flood risk. The LFRMS should promote the amenity value of surface watercourses for developing local environmental quality and creating a sense of place. It should also promote working with natural processes and the avoidance of opening up culverts. Water quality can be improved across the area. Control of surface water run off can reduce The Water Framework Directive target of good flood risk as well as improve water quality. surface water status requires both the ecological status and the chemical status of a surface water body need to be at least good. Climatic Factors Many areas lie within floodplain associated with the main rivers, e.g. the River Stour and River Tame. Climate change is anticipated to increase the The LFRMS should seek to reduce the risk of flooding to help to ensure that development is directed outside of identified floodplains and flood paths. It will need to take account of projected long term The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

15 SEA TOPIC KEY SUSTAINABILITY ISSUES KEY SUSTAINABILITY OPPORTUNITIES risk of flooding, especially during the winter. More frequent and more sever summer droughts will place a greater strain on water resources. changes in weather patterns and the potential for more frequent and severe flooding. The LFRMS should promote more efficient and sustainable use of water. For example, it should promote more sustainable methods of surface drainage in order to adapt to more intense rainfall events and higher absolute precipitation totals. Cultural Heritage The Black Country has a range of heritage assets, some of which may be at risk of flooding. Heritage assets and their settings should be protected and enhanced. Development puts increasing pressure on cultural heritage assets, and it is therefore important that any new infrastructure development considers heritage issues and ensures the protection of assets and the wider historic landscape / townscape. New development / infrastructure has the potential to damage unknown buried archaeological remains. Opportunities should be sought to reduce flood risk to specific heritage assets. Consideration should be given to the impacts of flood alleviation measures on the historic environment and heritage assets should be protected and conserved. Emphasis on preservation in situ should be ensured. Archaeological preservation in situ should be undertaken if it is beneficial to the archaeology rather than as a matter of convenience. Landscape and Townscape Management of surface water can have a It is essential that landscape and townscape significant impact upon landscape and character and quality is protected and townscape, particularly in relation to flood enhanced where possible. defences. Careful consideration must be given to the protection of the existing quality and character. SCOPE OF THE APPRAISAL 2.3.11 The SEA process commenced in 2015 with the preparation of an SEA Scoping Report for the LFRMS. The Scoping Report contained: Characterisation of the environmental, social and economic baseline within the Black Country; A review of relevant plans, programmes and sustainability objectives that could influence the SEA and the development of the LFRMS; Identification of key sustainability issues and opportunities, together with recommendations for mitigation where required; and The development of the SEA Framework against which the elements of the LFRMS have been assessed. GEOGRAPHICAL SCOPE OF THE APPRAISAL 2.3.12 The Scoping Report set out the scope and approach to the assessment of the LFRMS. Geographically the scope of this SEA comprises the whole of the Black Country local authority The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

16 areas. However, transboundary effects and cumulative effects of other plans may result in impacts occurring over a wider area, which have also been considered in the SEA. TOPICS COVERED IN THE APPRAISAL 2.3.13 The SEA comprises the consideration of the environmental, social and economic effects of the LFRMS. The baseline characterisation has therefore reflected the topics set out in the SEA Directive, but also considers relevant additional social and economic topics as recommended in the SEA guidance. Table 2.3 identifies the topics covered, together with their relationship topics listed in Annex 1 of the SEA Directive. Table 2.3 Topics Covered in the SEA and Relevant SEA Directive Topics TOPICS COVERED IN THE SEA RELEVANT TOPICS LISTED IN ANNEX I OF THE SEA DIRECTIVE Biodiversity, Flora and Fauna Biodiversity, Flora and Fauna Material Assets Population and Human Health Population and Human Health Material Assets Soil and Land Quality Soil Material Assets Water Water Soil Climatic Factors Climatic Factors Water Soil Material Assets Cultural Heritage Cultural Heritage Material Assets Landscape and Townscape Cultural Heritage Landscape and Townscape Material Assets The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

17 2.3.14 Annex I of the SEA Directive also requires an assessment of secondary, cumulative and synergistic effects, the results of which are provided in Section 3. Transboundary effects on neighbouring authorities are considered inherently throughout the assessment. THE SCOPING CONSULTATION 2.3.15 The Scoping Report was issued for public consultation in August 2015, for a five week consultation period. The aim of this was to obtain comment and feedback upon the scope and level of detail of the SEA. 2.3.16 It was issued to the statutory consultees (the Environment Agency, English Heritage, Historic England and Natural England). Comments are detailed in Appendix C. THE SEA FRAMEWORK 2.3.17 The SEA Framework was developed at the scoping stage. It underpins the assessment methodology and comprises a series of 7 aspirational objectives (SEA Objectives) against which the LFRMS has been assessed. The SEA Objectives are intended to be overarching and focussed on the key aspects of the LFRMS. 2.3.18 The SEA Objectives have been developed using the review of other relevant plans, programmes and environmental objectives, the baseline data and the key issue and opportunities identified. Each of the SEA Objectives is supported by a series of sub-objectives to add further clarity and to assist the assessment process. These sub-objectives have been considered by the assessors when undertaking the appraisal in order to inform their decision. 2.3.19 The SEA Objectives and associated sub-objectives are presented in Table 2.4. Table 2.4 The SEA Framework SEA OBJECTIVE SEA SUB-OBJECTIVE 1 To protect and enhance human health, safety and wellbeing To reduce flood risk to people and property To ensure recreation opportunities are maintained and enhanced To ensure surface water quality is maintained within statutory standards 2 To protect and enhance biodiversity, key habitats and species To protect and enhance designated sites of nature conservation To protect and enhance wildlife particularly protected and notable species To protect and enhance habitats and wildlife corridors To provide opportunities for people to come into contact with flourishing wildlife places and open green spaces, whilst encouraging respect for and raising awareness of the sensitivity of these sites To ensure that new infrastructure incorporates ecological enhancements 3 To protect and enhance the historic environment and To protect and enhance heritage assets and their settings, and also The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

18 SEA OBJECTIVE heritage assets SEA SUB-OBJECTIVE historic landscape / townscape value 4 To protect and enhance landscape character and townscape character and quality To protect and enhance the distinctive character and quality of the landscape / townscape To promote sensitive design in new infrastructure 5 To maintain and improve the quality and quantity of the Borough s surface water environment and groundwater resource To improve the quality of groundwater and surface water To encourage sustainable use of water resources To protect foul drainage, sewage treatment facilities and surface water drainage 6 To limit and adapt to climate change To contribute positively to adaptation to climate change To reduce or manage flooding To ensure new infrastructure is able to withstand extreme weather events To encourage the inclusion of flood mitigation measures such as SuDS To encourage infrastructure that is energy efficient in design and construction 7 To ensure the sustainable use of natural resources To encourage development of brownfield land and outside of sensitive sites where possible To promote the prudent use of land resources To protect and enhance soil resources To ensure that contaminated land will be guarded against To protect and enhance geodiversity SEA OBJECTIVE COMPATIBILITY 2.3.20 The seven SEA Objectives have been tested against each other to identify any potential areas of internal compatibility. The results are presented in Table 2.5 and summarised below. The numbers refer to the SEA Objectives detailed in Table 2.4. 2.3.21 The internal compatibility of the SEA Objectives was generally assessed as positive as all the SEA Objectives seek to improve the quality of the environment and human health. 2.3.22 No areas of potential conflict and no areas of uncertainty were identified. The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

19 Table 2.5 Internal Compatibility of the SEA Objectives 1 2 3 4 5 6 7 1 2 3 4 5 6 7 Key - Objectives are compatible; - - Mutually incompatible; 0 No clear impact on each other; and? Compatibility unknown. 2.4 STAGE B: DEVELOPING AND REFINING OPTIONS AND ASSESSING EFFECTS ALTERNATIVE OPTIONS ASSESSMENT 2.4.1 Following consultation on the Scoping Report, the alternative options for the Black Country LFRMS were assessed. These options comprise: Option 1: Do nothing; Option 2: Do minimum legally required tasks; and Option 3: Do something enhanced LFRMS including measures over and above the legal requirements. 2.4.2 A high-level review of the options against the SEA Objectives was undertaken in the form of a simple matrix. 2.4.3 One table was produced for all three alternative options which compared the option against the seven SEA Objectives. Positive elements, negative elements and potential mitigation / enhancement of the options were identified and recorded. The notations used in the assessment are presented in Table 2.6. Table 2.6 Notations used in the SEA of the Options IMPACT DESCRIPTION SYMBOL Major Positive Impact The Option contributes to the achievement of the SEA Objective and is likely to deliver enhancements. ++ The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

20 IMPACT DESCRIPTION SYMBOL Positive Impact The Option contributes partially to the achievement of the SEA Objective but not completely. + No Impact / Neutral There is no clear relationship between the Option and / or the achievement of the SEA Objective or the relationship is negligible. 0 Negative Impact The Option partially detracts from the achievement of some elements of the SEA Objective - Major Negative Impact The Option detracts from the achievement of all elements of the SEA Objective. - - Uncertain impact More information is required? 2.4.4 The results of this exercise are presented in Chapter 3 along with an overall conclusion and identification of a preferred option. 2.4.5 The consideration of alternatives in SEA typically considers the hierarchy of alternatives: 2.4.6 This approach is most suited to plans that either have policies that will lead to specific development project, or allocate land for development. The LFRMS is a legislative requirement that acts borough-wide and doesn t address the detailed implementation of measures on the ground. Rather it addresses strategic priorities. As such, the particular mode or process, or the how it should be done? is where there are potential options. As assessment of all the options that were considered during the preparation of the LFRMS and the do nothing option is presented in Section 4. ASSESSING THE LFRMS OBJECTIVES, MEASURES AND ACTIONS 2.4.7 Good practice guidance recommends that the goals of a plan should be assessed against the SEA Objectives, in order to determine whether they accord with broad sustainability principles. 2.4.8 The Black Country LFRMS contains six overarching Local Objectives which reflect the Government s strategic objectives locally. The Black Country s Flood Management Authorities developed the following objectives for managing flood risk: Objective 1: Understanding and communicating flood risk in the Black Country; Objective 2: Managing the likelihood and impacts of flooding; The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

21 Objective 3: Helping the Black Country s citizens to manage their own risk; Objective 4: Ensuring appropriate development in the Black Country; Objective 5: Improving flood prediction, warning and post flood recovery; and Objective 6: Work in partnership with others to deliver the Local Strategy. 2.4.9 In addition to these objectives there are 30 Measures, supported by a series of actions, listed under each of the Local Objectives. For the purpose of the assessment, the Actions within the Black Country LFRMS have been assessed by the overarching Local Objective heading they fall under within the strategy. Table 2.7. Appendix D present the Measures and Actions associated with the objectives assessed. 2.4.10 Table 2.7 below presents the Objectives and their associated Measures. Table 2.7 LFRMS Objectives and Measures OBJECTIVE MEASURE Objective 1 Understanding and communicating flood risk in the Black Country 1A Develop a Flood Risk Management Plan for the West Midlands Cluster; 1B Investigate locally significant incidents of flooding identifying sources and remedial actions with partners; 1C Review and update the Preliminary Flood Risk Assessments for the Black Country; 1D Develop and continue to maintain a register of flood risk management assets; 1E Engage with local communities to gain information of flood risk issues; 1F Share knowledge and information on local flood risk with the residents of the Black Country; and 1G Ensure latest information is used in assessing local flood risk. Objective 2 Managing the likelihood and impacts of flooding 2A Work with partners to reduce the impacts of flooding by targeting and prioritising maintenance at high risk locations and assets, enabling an efficient response to, and recovery from, flooding incidents; 2B Develop flood risk management schemes led by the Black Country authorities, seeking to make best use of available funding; 2C Work with partners to develop flood risk management schemes led by third parties, riparian landowners and stakeholders; 2D Work to ensure ongoing management of existing flood risk and drainage assets; and 2E Work to ensure compliance of all Local Authority owned assets with the Reservoirs Act. Objective 3 Helping the Black Country s citizens to manage their own risk 3A Continue to work with community flood groups and other local stakeholders; 3B Work with residents to communicate the risks of flooding; 3C Work with residents and landowners to educate them with regards to their responsibilities for watercourse management; 3D Encourage local involvement in the development of flood risk management schemes; 3E Encourage residents to share information on flooding incidents; and 3F Share knowledge and information with communities and residents. Objective 4 4A Develop a planning process to create clear advice and direction to developers The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015

22 OBJECTIVE MEASURE Ensuring appropriate development in the Black Country on flood risk, drainage and SuDS; 4B Undertake consenting activities for ordinary watercourses; 4C Promote the use of Sustainable Drainage Systems in new development; and 4D Ensure compliance with Black Country Core Strategy (ENV5 Flood Risk) principals and objectives. Objective 5 Improving flood prediction, warning and post flood recovery Objective 6 Work in partnership with others to deliver the local strategy 5A Work with partners to minimise the recovery time for residents and businesses from flooding events; 5B Establish a co-ordinated approach to the provision of temporary flood risk management measures; 5C Work with partners to improve communications and advice given during flooding events; and 5D Work with partners to understand trigger levels for flooding events and develop local flood warning systems. 6A Engage in regional networks for sharing of knowledge and best practice; 6B Improve the mechanisms of sharing of data and information between partners; 6C Engage with neighbouring LLFAs to facilitate a catchment based approach; and 6D Continue to engage with flood action groups in the delivery of local flood risk management. 2.4.11 The assessment of the Local Objectives, measures and actions against the SEA Objectives has been undertaken using a matrix based approach. Positive elements, negative elements and potential mitigation / enhancement of the objectives were identified and recorded. 2.4.12 The notation used for the appraisal of alternative options was also used for the appraisal of the preferred option for the LFRMS (refer to Table 2.8 below). When undertaking the assessment, the symbols assigned in the matrix were justified in the commentary box along with any uncertainties. All effects are considered to be long term, indirect and reversible unless stated otherwise. This is due to the nature of the LFRMS, which does not include site specific proposals, rather it sets out a series of actions that could ultimately be withdrawn or amended. Table 2.8 Notations used in the SEA Assessment IMPACT DESCRIPTION SYMBOL Major Positive Impact The Action contributes to the achievement of the SEA Objective and is likely to deliver enhancements. ++ Positive Impact The Action contributes partially to the achievement of the SEA Objective but not completely. + No Impact / Neutral There is no clear relationship between the Action and / or the achievement of the SEA Objective or the relationship is negligible. 0 The Black Country Local Flood Risk Management Strategy WSP Parsons Brinckerhoff The Black Country Local Authorities Project No 50600596 October, 2015