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Flooding – role of Environment Agency Print
In 2001 the government issued PPG 25 giving guidance to planning authorities on flood risks. PPG 25 encouraged LAs to seek the advice of the Environment Agency in respect of planning applications, but it gave the EA a very limited role as a statutory consultee. However, the government has recently published a draft PPS 25 (to replace PPG 25) which says that LAs ‘should’ consult the EA on issues of ‘flood risk management’. It is suggested that if an LA intends to approve a proposed development despite EA advice to the contrary, the LA ‘must’ refer the application to the government. In effect, PPS 25 would elevate the EA to the status of a statutory consultee in flood risk areas (about 10% of all land area). Needless to say, there are many who are lobbying against this proposed change. Source: DLA Piper Rudnick Gray Cary UK LLP. © Practical Lawyer

July 2006
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