Tewkesbury Borough Council

Gloucester Road

Tewkesbury Glos

GL20 8BP 

12/06/2008

For the attention of Mr C Shaw Strategic Director of Operations 

Dear Mr Shaw 

We believe the evidence that the Tewkesbury Borough Council planning department allowed building in the floodplain is overwhelming, we would imagine that even your own personal stance is based on worthless fluvial maps issued by the Environment Agency. It is now time that you should concede this point.

The immediate question is what is the way forward?  There is only one answer. A halt to all new development within and near the floodplain until all inquiries have been disclosed and new government guidelines are issued on the question of PLUVIAL flooding that must be included in all Environment Agency maps.  Once this question has been resolved, the 2003 hydrology map commissioned by the EA will come into focus and new floodplain maps will be the guidelines for the local plan.

In a letter to our group from the Environment Agency dated the 27^th  May, 2008 they state “The flooding problems experienced  in Tewkesbury largely stem from historic planning decisions and built developments that were constructed before modern regulation”.  Modern regulation or guidance came into being in November 2006 (PPS25) and the EA is agreeing with one of the main conclusions in our report.  You have allowed building in the floodplain.

The local plan does not comply with PPS 25 and therefore must be revisited; this can only be done once the SFRA level 2 has been completed.  This action has been confirmed in a letter to the Severn and Avon Valley Combined Flood Group on the 1^st May, 2008 by David Stritch of the Communities and Local Government.  The SFRA level one being done by Halcro is inaccurate because it is based on Government policy which is not to include PLUVIAL in flood maps, again the Environment Agency has stated that PLUVIAL is outside their present remit.

At the Gloucestershire County Council scrutiny inquiry on the 28^th May, 2008 the Environment Agency, in their evidence, stated that their floodplain maps were a starting point based on fluvial flooding and it is the Local Planning Authorities’ responsibility to include PLUVIAL flooding which should be incorporated into their own flood maps.  This has clearly not been done which misleads developers when doing their Flood Risk Assessments.  The consequence of this action is a failure in the Duty of Care to the residents of the Borough.

One of the members of the scrutiny inquiry stated that Gloucester County Council had asked the advice of the Tewkesbury Borough Council planning department on building a fire station at Cheltenham Road East (Elmbridge roundabout) Longlevens. The advice was that the area only suffered from PLUVIAL flooding and there was no objection to its construction.  Councillor Kathy Williams questioned the decision and Mr. Pike stated “fire-engines would be out if flooding occurred”, she then asked about the men at the base to which Mr Pike replied “it was only a small component and would not disrupt the overall picture”.  Councillor Williams stated that when she spoke to the fire inspector he said “we will require boats not engines if the station is built in this location”. We ask therefore, what about the fireman’s lives? 

It is the duty of local authority officer’s to bring to developers attention any concerns when doing their FRA e.g.  The Bredon Road development is only 100 metres from the river Avon and that PLUVIAL is not included in the flood map.  It was interesting to note that when Mr Pike was asked what type of flooding was shown in the Bredon Road development pictures he stated it was fluvial (river flooding) he also stated that PLUVIAL mapping was difficult and no detailed mapping has been completed. This is totally wrong. The EA, ABI and our report have detailed hydrological maps including PLUVIAL and historical data, the Environment Agency has informed us that they would be happy to assist you on this matter and we are sure that Professor Cluckie of Bristol University will make available their detailed modelling, based on our findings, when completed.

Mr Clempson was challenged about the evidence he gave in his PowerPoint® presentation in that building in the floodplain out weighed the danger to life and he repeated eight times the word “robust” when defending PPS 25.

In conclusion:

·         The Environment Agency are there to issue fluvial information only although on request they will give guidance on PLUVIAL.

·         The Government’s PPS 25 is a guide not a definitive legislation.

·         The developer is guided by the information you apply to any application.

·         The FRA assessments are read by your officers and are not issued to the planning committee.  The councillors are given guidance by you and your officers.

·         The Environment Agency states that flooding in Tewkesbury is caused by inappropriate building in the floodplain.

Mr Shaw, it is clear that from the evidence gathered from various committees, the local planning officers are the ones with final responsibility for sensible new development.  The final responsibility rests with you to ensure that only development away from the full floodplain (PLUVIAL, fluvial and historical) in the Tewksbury area is permitted. The uniqueness of the Tewkesbury floodplain cannot be covered by PPS 25 and Government guidelines. 

There is both a failure of Duty of Care and Health and Safety, as you are no doubt aware that health and safety rests with the responsible officer.

Please advise us of what action you are going to take to correct the situation immediately. We would appreciate an answer from you by the 25^th of June, 2008. 

Yours faithfully  

D A Witts

Secretary