Agenda item

[During discussion of this Item, Councillor Greenway declared a Personal Interest as a Member of West Sussex County Council]

 

[During discussion of this Item, Councillor Elkins declared a Personal Interest as a Member of West Sussex County Council]

 

 

The Chair confirmed that there was one urgent item for the Committee to consider, which would be discussed under Item 4 of the meeting. She explained that following Wednesday night’s Full Council meeting where the urgent item entitled ‘Storm Ciaran and Flooding Impacts’ was considered and approved, an urgent report had been circulated to Members of the Environment Committee entitled ‘Arun Flood Forum Following Storm Ciaran’. This Item was business of such urgency as to require immediate attention by the Committee in accordance with Committee Procedure Rule 3.1(vii).

 

Upon the invitation of the Chair, the Group Head of Environment and Climate Change introduced the report to Committee. He explained a report had been taken to Full Council on 08 November 2023 following Storm Ciaran which followed unprecedented rainfall in October 2023 and resulted in flooding impacts across the District.  Full Council recognised the impacts on residents and business and recommended the Environment Committee establish a Forum to review the incident, to investigate and consider the contributing factors, impacts and possible solutions. The Forum would be made up of various partners responsible for flood preparation, planning and response, including the Environment Agency, Southern Water, West Sussex County Council and others. The Forum was to be Chaired by a suitably qualified independent person, and authority was delegated to the Environment Committee. In accordance with the Civil Contingencies Act (CCA) 2004 the District Council took the lead role in coordinating the recovery from an incident. He then took Members through the recommended Terms of Reference for the Forum, which were set out in Appendix 1, and explained this had been based on the model of other flood forums across the nation that were already operating.

 

          The Chair then invited questions, and Councillor Greenway proposed and amendment to the Terms of Reference as shown in italics below. This was shared to the screen for Members to see.

 

 

Terms of Reference - Arun Flood Forum

 

1. Purpose of the Forum

 

The main purpose of the Forum is to:

·       Understand the issues behind the main flooding events which occurred within the District following Storm Ciaran in October 2023.

·       Understand other recent flooding events which have occurred within the District where homes and businesses have been affected.

·       To understand the impact new development and climate change have both has had on these flooding events.

·       To make recommendations on practical and deliverable measures to reduce the impact of flooding on the District’s residents, businesses and the environment, and to promote the implementation of permanent and sustainable solutions to mitigate or alleviate flooding.

·       The Forum will also seek to improve communication between the flood risk management authorities and representatives from flood affected communities.

·       To highlight and signpost to residents funding opportunities, and help educate residents about what more they can do to protect their own properties.

 

 

2.  Scope

 

The Forum will focus on areas of flood risk resulting from the Storm Ciaran event but will cover other areas of flood risk as determined by the Forum.

 

43. Objectives

 

The Forum will work to:

·                   Clearly establish the impact of flooding following the events following Storm Ciaran

·                   Clearly identify the highest risk areas to flooding resulting from the above review – which communities and businesses are at highest risk.

·                   Hear from communities and businesses affected by the flooding events.

·                   Understand the relationship between new developments and the functional flood plan, how they are drained and the impact on existing built up areas.

·                   Understand the various agencies roles and responsibilities in dealing flooding both in terms of prevention and solutions.

·                   Set out measures to mitigate these risks, from those already established and identify additional measures to assist in future flooding events.

·                   Consider the key agencies’ responsibilities and their working relationships with the Council and each other.

·                   Establish what arrangements there are for involving and consulting local communities in determining flood prevention plans and in flood response and recovery arrangements.

·                   Ensure that partners’ own organisations are aware of and can respond to flood related issues within their assigned duties and resources.

·                   Review procedures for flood prevention, response and recovery.

·                   Arrange periodic and appropriate training or information exchange for relevant personnel, including partners’ own workforces, emergency services, volunteers and other stakeholders on the operational aspects of flood risk management.

·                   Make recommendations for appropriate action by the Council and partner agencies.

·                   Actively address funding opportunities to support projects / proposals resulting from the Forum.

·                   Ensure that the Council’s interests are represented at regional and national level in respect of flood policy development and funding.

 

4. Chairing

 

·                   The Forum will be chaired by an independent professional, with experience of chairing meetings, creating action plans, and understanding technical issues.

·                   The Chair will be chosen by the Chief Executive’s Recruitment and Selection Panel.

·                   The Chair will be responsible for communicating and engaging with other bodies, partners, landowners and other stakeholders to facilitate their engagement with the forum.

 

5. MembershipAttendees

 

·                   The Forum will be chaired by an independent professional.

·                   Up to 4 District Councillors from flood affected wards (with not more than one representative from each ward).  All other Members are able to attend to observe and ask questions.

·                   Up to 4 Parish Council representatives, who should be the Chair or Vice Chair of their Parish Council, (with not more than one representative from each parish)

·                   Any Arun District councillor, West Sussex County councillor and town/parish councillor within the Arun District can attend all meetings of the Forum.

·                   Appropriate officer representation from Southern Water

·                   Appropriate officer representation from the Environment Agency

·                   Appropriate officer representation from West Sussex County Council as the Lead Local Flood Authority

·                   Relevant officer representation from Arun District Council

·                   The group may co-opt representatives of other organisations to sit on the group as appropriate.

·                   Any affected business, resident, landowner or interested party within the District.

 

6. Meetings and frequency

 

·       The group will meet 4 times per year or as determined by the Forum.

·       All meetings to be held in person.

 

7. Leadership and Governance 

 

·               The Forum would not be a committee, sub-committee or working party of the authority. Instead, it would be a body established by the Environment Committee and the appropriate statutory power for its establishment would be the Council’s general power of competence under Section 1 of the Localism Act 2011.

·               Agendas and minutes of the Forum meetings will be reported to Environment Committee.

·               Forum member representatives attendees will determine for themselves how they wish to report back to their own organisations and communities on the work of the group.

·               Attendance at Membership of the Forum meetings provides no undertaking or commitment by any member organisation to make available funding for any scheme or proposal, but representatives will use their best endeavours to secure funding from appropriate sources.

·                    ADC will provide secretariat services for the Forum.

 

98. Decision-Making Process

 

·             The Forum will make recommendations to Environment Committee where they relate to ADC decisions.  It will have no decision-making authority.

 

109. Communication

 

·               Communication resulting from the Forum meetings will be shared through ADC Communications team.

 

Proposed Forum topics / meetings – one subject per meeting

 

·                   To hear from affected communities and business representatives

·                   National Flood Forum experience, role and responsibilities

·                   Environment Agency (EA) responsibilities and actions

·                   Southern Water (SW) responsibilities and actions

·                   ADC responsibilities and actions

·                   WSCC (Lead Local Flood Authority (LLFA)) responsibilities and actions and ADC’s role

·                   Impact of planning and development

·                   Landowners responsibilities and actions

 

 

Councillor Greenway explained that during the debate at Full Council, Members had commented that it did not just relate to storm Ciaran, so he had tried to remove reference to this in the amendment. He was disappointed that Climate Change had not been mentioned in the Terms of Reference, so the amendment reflected this under Purpose. He had also included ways that members of the public may be able to help themselves right now, such as highlighting and signposting funding opportunities, and helping to educate residents about what more they could do to protect their own properties. He felt there was also little mention of responsibilities of landowners and riparian owners, so he amended the attendees to include them. He felt the Membership contradicted itself as although only allowed 4 District Councillors, it mentioned other Members could attend and observe, and he questioned what the role of the designated District Councillors would be on the Forum. He wanted to open this up to include West Sussex County Councillors and Parish Councillors. Under the possible Forum topics he had added ‘Arun District Council’s Responsibilities and Actions’, and had crossed out one subject per meeting as he felt this may not take up a whole meeting. He had added in a section for Chairing the meeting to include how the Chair would be chosen and what their responsibilities would be.

 

The amendment was seconded by Councillor Madely.

 

The Interim Chief Executive Officer and Director of Environment and Communities  explained to Members that the Chief Executive’s Recruitment and Selection Panel would not be able to select the Chair of the Forum, as the purpose of the Panel was solely to select the Chief Executive.

 

With the agreement of the Committee the Chair announced a short adjournment to allow Members the opportunity to study the amendment.

 

Upon resuming the meeting, the proposer of the amendment, Councillor Greenway, with the agreement of the seconder, Councillor Madeley, altered his amendment as shown below in italics, which was shared to the screen for all Members to see. He explained that he had removed Paragraph 4 which related to the Chair, which he had done due to the advice of the Interim Chief Executive Officer and Director of Environment and Communities that the Chief Executive’s Recruitment and Selection Panel would not be able to select the Chair of the Forum. He explained he would like Paragraph 5 to return to the Substantive, with the small amendment of allowing District and County Councillors to be able to attend the forum to observe and ask questions.

 

 

Terms of Reference - Arun Flood Forum 

 

1. Purpose of the Forum  

 

The main purpose of the Forum is to: 

·            Understand the issues behind the main flooding events which occurred within the District following Storm Ciaran in October 2023. 

·            Understand other recent flooding events which have occurred within the District where homes and businesses have been affected. 

·            To understand the impact new development and climate change have both has had on these flooding events. 

·            To make recommendations on practical and deliverable measures to reduce the impact of flooding on the District’s residents, businesses and the environment, and to promote the implementation of permanent and sustainable solutions to mitigate or alleviate flooding.  

·            The Forum will also seek to improve communication between the flood risk management authorities and representatives from flood affected communities.  

·            To highlight and signpost to residents funding opportunities, and help educate residents about what more they can do to protect their own properties. 

 

2.  Scope 

 

The Forum will focus on areas of flood risk resulting from the Storm Ciaran event but will cover other areas of flood risk as determined by the Forum. 

 

3. Objectives  

 

The Forum will work to:  

·            Clearly establish the impact of flooding following the events following Storm Ciaran  

·            Clearly identify the highest risk areas to flooding resulting from the above review – which communities and businesses are at highest risk. 

·            Hear from communities and businesses affected by the flooding events. 

·            Understand the relationship between new developments and the functional flood plan, how they are drained and the impact on existing built up areas. 

·            Understand the various agencies roles and responsibilities in dealing flooding both in terms of prevention and solutions. 

·            Set out measures to mitigate these risks, from those already established and identify additional measures to assist in future flooding events.  

·            Consider the key agencies’ responsibilities and their working relationships with the Council and each other.  

·            Establish what arrangements there are for involving and consulting local communities in determining flood prevention plans and in flood response and recovery arrangements.  

·            Ensure that partners’ own organisations are aware of and can respond to flood related issues within their assigned duties and resources.  

·            Review procedures for flood prevention, response and recovery.  

·            Arrange periodic and appropriate training or information exchange for relevant personnel, including partners’ own workforces, emergency services, volunteers and other stakeholders on the operational aspects of flood risk management. 

·            Make recommendations for appropriate action by the Council and partner agencies.  

·            Actively address funding opportunities to support projects / proposals resulting from the Forum. 

·            Ensure that the Council’s interests are represented at regional and national level in respect of flood policy development and funding.  

 

4. Membership 

  

·            The Forum will be chaired by an independent professional. 

·            Up to 4 District Councillors from flood affected wards (with not more than one representative from each ward).  All other District and County Councillors are able to attend to observe and ask questions. 

·            Up to 4 Parish Council representatives, who should be the Chair or Vice Chair of their Parish Council, (with not more than one representative from each parish)  

·            Appropriate officer representation from Southern Water  

·            Appropriate officer representation from the Environment Agency  

·            Appropriate officer representation from West Sussex County Council as the Lead Local Flood Authority  

·            Relevant officer representation from Arun District Council 

·         The group may co-opt representatives of other organisations to sit on the group as appropriate.  

 

5. Meetings and frequency  

 

·             The group will meet 4 times per year or as determined by the Forum. 

·             All meetings to be held in person. 

 

6. Leadership and Governance   

  

·            The Forum would not be a committee, sub-committee or working party of the authority. Instead, it would be a body established by the Environment Committee and the appropriate statutory power for its establishment would be the Council’s general power of competence under Section 1 of the Localism Act 2011.  

·            Agendas and minutes of the Forum meetings will be reported to Environment Committee. 

·            Forum member representatives attendees will determine for themselves how they wish to report back to their own organisations and communities on the work of the group.  

·            Attendanceat Membership of the Forum meetings provides no undertaking or commitment by any member organisation to make available funding for any scheme or proposal, but representatives will use their best endeavours to secure funding from appropriate sources.  

·            ADC will provide secretariat services for the Forum. 

 

7. Decision-Making Process 

 

·            The Forum will make recommendations to Environment Committee where they relate to ADC decisions.  It will have no decision-making authority. 

 

 8. Communication 

 

·            Communication resulting from the Forum meetings will be shared through ADC Communications team. 

 

Proposed Forum topics / meetings – one subject per meeting 

 

·       To hear from affected communities and business representatives 

·       National Flood Forum experience, role and responsibilities 

·       Environment Agency (EA) responsibilities and actions 

·       Southern Water (SW) responsibilities and actions 

·       ADC responsibilities and actions 

·       WSCC (Lead Local Flood Authority (LLFA)) responsibilities and actions and ADC’s role 

·       Impact of planning and development 

·       Landowners responsibilities and actions 

 

 

Members were then given additional time to read the altered amendments to the Terms of Reference, as above. Members confirmed they understood these amendments, and the Chair invited debate as follows:-

·       This forum was important to residents as all areas were affected by flooding.

·       It was felt important that Climate Change was included as there had been a dramatic increase to rainfall which had an impact, particularly where ditches were overflowing. It was asked whether this process would address the duties under the Flood and Water Management Act of all the parties involved. The Group Head of Environment and Climate Change confirmed it would.

·       It was asked how it would be decided which District Councillors would sit on the Forum, as it was felt that all wards were flood-affected. The Interim Chief Executive Officer and Director of Environment and Communities explained this would be decided by Members, but it would be a collaborative forum and would report back to the Environment Committee. It was an opportunity to examine the issues behind the main flooding events which had occurred within the District.

 

The amendment was put to the vote and was declared CARRIED.

 

 

Turning to the substantive, the amended recommendations were proposed by Councillor Blanchard-Cooper and seconded by Councillor Greenway.

 

         

          The Committee

 

RESOLVED that

 

The Terms of Reference, as amended by Committee, be approved.