Mark Ollerenshaw
Staffordshire Moorlands District Council
Development Control
Moorlands House 
Stockwell Street
Leek
Staffordshire
ST13 6HQ

Our ref:	UT/2017/116306/01-L01
Your ref:	SMD/2017/0341

Date:		20 June 2017

Dear Sir

REPLACEMENT GARAGE (RE-SUBMISSION OF SMD/2016/0431) 

1 STATION HOUSE, PARK LANE, CHEDDLETON 

Thank you for referring the above application which was received on 08 June 2017.     

The Environment Agency OBJECTS to the proposed development, as submitted, on the following grounds:

FLOOD RISK

In the absence of an acceptable Flood Risk Assessment (FRA) we object to the grant of planning permission and recommend refusal until a satisfactory FRA has been submitted:

The application site lies within Flood Zone 3 of the Endon Brook defined by the Environment Agency Flood Map for Planning (Rivers and Sea) as having a high probability of flooding. Paragraph 103, footnote 20 of the National Planning Policy Framework (NPPF) requires applicants for planning permission to submit an FRA when development is proposed in such locations.

The FRA submitted with this application, unnamed and undated, does not comply with the requirements set out in paragraph 102 of the NPPF; to ensure the development will be safe for its lifetime, without increasing flood risk elsewhere and where possible reduce flood risk overall.  The submitted FRA does not therefore, provide a suitable basis for assessment to be made of the flood risks arising from the proposed development.
 
In particular, the submitted FRA fails to:
 
1.	Provide an assessment of the potential flood depth, extent and flood hazard on the site for a range of return periods up to the 1:100 year plus 20% for climate change. We recommend contacting us by emailing Enquiries_WestMids@environment-agency.gov.uk to obtain the most recent modelled flood levels for the Endon Brook.
2.	Provide a plan of existing and finished ground levels on the site, related to Ordnance Datum, showing that there has been no ground raising within flood zone 3 (1:100 year plus 20% climate change)
3.	Consider the impact of the development on third party land and whether floodplain compensation is required.
4.	Consider the requirement for flood emergency planning including flood warning and evacuation of vehicles, for a range of flood events up to and including the extreme event.  The plan needs to show that people and vehicles can safely leave the area if there is a flood and with enough time to vacate once a flood warning has been received.

Overcoming our objection
You can overcome our objection by submitting an FRA which covers the deficiencies highlighted above. Alternatively, you can manage the risk by relocating the proposed development into Flood Zone 2. This would negate the need for the above flood mitigation measures and our Flood Risk Standing Advice would apply: https://www.gov.uk/guidance/flood-risk-assessment-standing-advice.

We ask to be re-consulted with the results of the FRA. We will provide you with bespoke comments within 21 days of receiving formal reconsultation. Our objection will be maintained until an adequate FRA has been submitted.

It should not be assumed that the production of an acceptable FRA would in itself make a proposed development acceptable in flood risk terms. The FRA submitted must demonstrate to the Agency's satisfaction that the development can proceed without creating an unacceptable flood risk either to future occupants or elsewhere. If it cannot do this then the Agency will maintain its objection.  Where the FRA is acceptable the Agency will advise on flood risk conditions or make recommendations as appropriate.

ADVICE TO LPA
In accordance with the National Planning Policy Framework paragraph 101, development should not be permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower probability of flooding. It is for the local planning authority to determine if the Sequential Test has to be applied and whether or not there are other sites available at lower flood risk as required by the Sequential Test in the National Planning Policy Framework. Our Flood Risk Standing Advice reminds you of this and provides advice on how to do this.

Yours faithfully

Ms Anne-Marie McLaughlin
Planning Advisor

Direct dial 020 8474 9914
Direct fax 020 2868 7714
Direct e-mail anne-marie.mclaughlin@environment-agency.gov.uk