Introduction
As the majority of Hull lies below the high tide mark it faces flooding threats from all sides: direct rainfall and surface water flows from the surrounding area, flooding from the River Hull, and tidal surges from the Humber Estuary. The following is a summary of my work locally and in Parliament to get the protections we need locally and nationally.
More details can be found following the links on the left, along with downloads of useful documents.
Locally
In 2007, incredibly heavy rainfall saw over 10,000 properties damaged in Hull and the local area, with 6,300 people forced into temporary accommodation. In 2013 a tidal storm surge over-topped flood defences in parts of the city centre damaging 250 properties. These events have made us acutely aware of what two of the consequences of climate change – more intense periods of rainfall and rising sea levels – will mean for the city.
As a result I have:
- Liaised regularly with the Living with Water Partnership (LWP)
- Liaised regularly with the Humber 2100+ partnership, whose task is to develop a long-term solution for the entire estuary and the lower reaches of the Trent and Ouse catchments.
- Organised in-person and online meetings for constituents to discuss flooding issues direct with representatives of Yorkshire Water, Environment Agency, Hull City Council and East Riding of Yorkshire Council
- Successfully brought to the attention areas of Derringham ward which will now benefit from Sustainable Drainage Systems through the LWP.
- Organised a 2023 roundtable meeting of planners and top-level representatives of organisations involved in regional flooding issues to discuss the best way forward for the region.
- Supported the University of Hull and Humberside Fire and Rescue Service’s bid for a National Flood Resilience Centre
Nationally
However, climate change will affect all of us, and in all, 2.6 million homes in the UK are at risk of flooding. It is vital that action is taken to deal with the threats we face.
So it is vital that action is taken to deal with the changes on their way. Although a scheme called Flood Re was introduced to ensure flood-affected homes can access affordable insurance, this scheme is due to end in 2034. The lack of progress in the planning system and building regulations means that homes are still being built without the protections they need, storing up problems for the future.
As a result I have:
- Introduced a 10 Minute Rule Bill to tackle the lack of statutory planning regulations, mandatory Sustainable Drainage Systems (SuDS) and deficiencies in the insurance industry.
- Tabled Amendments to the Levelling Up and Communities Bill. These were designed to address the same issues as my 10 Minute Rule Bill.
- Following the above, the government has agreed to make SuDS mandatory in new developments, but has yet to enact the necessary legislation.
- Submitted at least 17 Written Parliamentary Questions to government departments on the matter
- Raised the issues directly on at least 27 occasions with Ministers in the Chamber
- Raised the issue directly with representatives of the finance industry through my seat of the Treasury Select Committee
- Liaised regularly with representatives of Flood Re
- Attended Parliamentary roundtable events
- Presented a Private Member’s Bill to give powers to the EA to make the necessary progress on the Humber 2100+ project
I continue to receive regular briefings and hold meetings with a range of interested parties due to my high profile as a campaigner for better flooding protections.
I have collected a range of useful documents relating to flooding, from property protection and insurance to analysis and reports. I have made these available in the Documents & Downloads section.
10-Minute Rule Bill
Flooding (Prevention and Insurance) Bill
A Bill to set national minimum requirements for flood mitigation and protection measures in new build public and private properties enforced by local planning authorities; to place reporting requirements on local and national government in relation to flood prevention measures; to establish a certification scheme for improvements to domestic and commercial properties for flood prevention and mitigation purposes and an accreditation scheme for installers of such improvements; to require insurers to take account of such improvements and any existing flood prevention and mitigation measures that were planning permission requirements when determining premiums; to extend eligibility to the Flood Reinsurance scheme under section 64 of the Water Act 2014 to small and medium-sized enterprises and homes built after 2009; and for connected purposes.
Aims of the Bill
- Currently local authority (LA) planning can choose what property flood resilience (PFR) measures are required in new build through pre-commencement conditions. This results in situations where adjacent LAs have different requirements for PFR and flood mitigation and water management for developments in the same rated flood zones. Apart from the obvious lack of consistency, this can lead to the exporting of problems when increased run-off ends up in neighbouring LA areas. The Bill will create a level playing field by setting minimum PFR standards nationwide. This is supported by the Association of British Insurers (ABI)
- Insurers currently purchase flood mapping data to aid in setting premiums – the Bill stipulates that all relevant LA and government data should be made publicly available in order to aid this process and improve its accuracy in reflecting risk. It would also aid individual property owners when seeking information regarding what PFR they might need.
- Following their 2021 quinquennial review, Flood Re is proposing to offer lower premiums on policies where PFR measures have been installed. However, the insurance industry asserts there is a lack of standards and proven efficacy which presents difficulties in assessing premiums. The ABI says effort is being put into establishing a certification scheme. This puts both a certification scheme and the need for insurers to recognise PFR measures on a statutory footing.
- Certification should only be a requirement for PFR improvements to existing buildings. Where buildings have previously been constructed to incorporate Environment Agency and LA mandated PFR measures under pre-commencement conditions, or subsequently those requirements established by the Bill, these should be automatically accepted as effective.
- Any certification scheme should be established quickly. We believe that a good amount of research has already been done and data is available. Many PFR measures such as raising all electric cabling and powerpoints well above ground level are self-evidently effective.
- Small and medium-sized enterprises (SMEs) are unable to access Flood Re with problems over calculating loss of stock and loss of trading cited. Extending Flood Re to SMEs to cover buildings only would allow businesses to get back on their feet quicker. We are aware of the questions raised over how this might be calculated and the claims of difficulties over cross-subsidy. However, we believe that SMEs require support and that a way forward can be found.
- Houses built after 2009 are not eligible for Flood Re scheme to discourage building in flood zones. However, some areas have no choice. We believe extending Flood Re to those with PFR built and/or where landscape and infrastructure flood mitigation measures are in place is equitable.
Notes
- Not included in the scope of the Bill, but which I support, are changes to the Flood Re Scheme also proposed in its 2021 quinquennial review to permit the payment of claims to include an additional amount for resilient or resistant repair beyond the original damage under the title “Build Back Better.” They hope to see this in place for April 2022. As it currently stands, any additional PFR would not have to be taken into account by insurers. The Bill addresses this.
- Flood Re is a joint initiative between the government and insurance providers that protects insurers against losses due to flooding. It allows the insurer to pass the flood risk element of the policy to Flood Re for a fixed price based on the home’s council tax band.
Humber 2100+
Over the rest of this century and beyond, unless action is taken, rising sea levels will directly affect the homes of half a million people in the Humber and lower Ouse and Trent region, along with 14,000 businesses, major chemical and manufacturing industries, large areas of productive farmland and the UK’s largest port complex. As you can see from the map, action is needed.
The Humber 2100+ partnership (link) is being lead by the Environment Agency with 12 Local Authorities from the affected areas. In a meeting in November 2020, I was told that by 2023, the aim was to have had two rounds of public consultations on alternative plans, partnership approval of a final plan and the plan submitted to the Large Projects Review Group.
However, just over a year later the partnership announced it was taking a “stepped approach … in response to feedback” and “revisiting its data”. In other words, someone had thrown a spanner in the works and because the EA has no power to compel, this vital project it will always move at the pace of the slowest member.
Comparing progress of the Humber 2100+ partnership with the Thames Estuary project (link), it is years behind. A costed timetable for the Thames to 2100 is in place, with an estimate of £9.3 – £11.3 billion, which has been assessed and approved as “economically viable”, even after this estimate increased from the original.
Large-scale projects like the Humber Bridge or CrossRail have needed enabling legislation to give the relevant authority statutory powers to get things done, and it is inevitable that Humber 2100+ will need an overseeing body in place with these powers.
To draw attention to the worrying lack of progress I introduced a Private Member’s Bill: A Bill to give the Environment Agency certain powers and duties in respect of the Humber2100+ project; and for connected purposes in March 2023.
Private Member’s Bill
Living With Water Project
Following the disastrous 2007 floods part of the response involved the creation of the Living with Water partnership involving Hull City Council, East Riding of Yorkshire Council, the Environment Agency and Yorkshire Water. It is a unique partnership and has been behind the city adopting stricter planning regulations around flood prevention and resilience than the rest of the country and undertaking works and measures to ensure that 2007 is not repeated.
The partnership continues to innovate and introduce new ways to deal effectively with surface water in the area, most recently beginning work consulting residents in Derringham over their preferences for the creation of a large aquagreen and series of SuDS (link).
It has been my pleasure to both work with and support the partnership. Their website is here – https://livingwithwater.co.uk/
Flood RE
Flood Re is a joint initiative between the government and insurance providers that protects insurers against losses due to flooding. It allows the insurer to pass the flood risk element of the policy to FloodRe for a fixed price based on the home’s council tax band. It is funded by a small premium on house insurance across the board.
My Ten Minute Rule Bill contained a clause which would have made Flood Re’s Build Back Better scheme compulsory for all insurer’s. This scheme offers an additional payment of up to £10,000 on top of any claim for flood damage if it is spent on making the property more flood resilient. This is common sense and I want to see it offered by all insurers.
I have been happy to meet with them to discuss the current situation and where we can work together.
Our next collaboration will see me hosting a Parliamentary event for them over the possibility of the proposed new National Development Management Policies containing national minimum standards for flood protection and resilience. We are still allowing houses to be built which are not ready for the increased threats of flooding over the coming years and government continues to drag its feet on putting a minimum standards in place.
Their website is here (link) and contains useful information on getting the right insurance for your home, as well as improving its flood resilience.
Amendments to the LUHC Bill
Clause 88, page 95, line 9, after “contribute” insert “to the mitigation of flooding and”
Member’s explanatory statement
This amendment would require neighbourhood development plans to be designed to secure that the development and use of land in the neighbourhood area contribute to flood mitigation.
To move the following Clause—
“FloodRe Build Back Better scheme participation
(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies participate in the FloodRe Build Back Better scheme to reimburse flood victims for costs of domestic flood resilience and prevention measures.
(2) In making those rules the Financial Conduct Authority must have regard to its operation objectives to—
(a) protect consumers, and
(b) promote competition.”
Member’s explanatory statement
This amendment would require the Financial Conduct Authority to make rules requiring insurance companies to participate in the currently voluntary Build Back Better scheme, which was launched by FloodRe in April 2022.
To move the following Clause—
“Minimum requirements for flood mitigation and protection
(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed, use the power under section 1 of 5 the Building Act 1984 to make building regulations for the purpose in subsection (2).
(2) That purpose is to set minimum standards for new build public and private properties in England for—
(a) property flood resilience,
(b) flood mitigation, and
(c) waste management in connection with flooding.”
Member’s explanatory statement
This amendment would require the Government to set minimum standards for flood resilience, flood mitigation and flood waste management in building regulations.
To move the following Clause—
“Duty to make flooding data available
(1) The Secretary of State and local authorities in England must take all reasonable steps to make data about flood prevention and risk publicly available.
(2) The duty under subsection (1) extends to seeking to facilitate use of the data by—
(a) insurers for the purpose of accurately assessing risk, and
(b) individual property owners for the purpose of assessing the need for property flood resilience measures.”
Member’s explanatory statement
This amendment would place a duty on the Government and local authorities to make data about flood prevention and risk available for the purpose of assisting insurers and property owners.
To move the following Clause—
“Flood prevention and mitigation certification and accreditation schemes
(1) The Secretary of State must by regulations establish—
(a) a certification scheme for improvements to domestic and commercial properties in England made in full or in part for flood prevention or flood mitigation purposes, and
(b) an accreditation scheme for installers of such improvements.
(2) The scheme under subsection (1)(a) must—
(a) set minimum standards for the improvements, including that they are made by a person accredited under subsection (1)(b), and
(b) provide for the issuance of certificates stating that improvements to properties have met those standards.
(3) The scheme under subsection (1)(a) may make provision for the certification of improvements that were made before the establishment of the scheme provided those improvements meet the minimum standards in subsection (2)(a).
(4) Regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) A draft statutory instrument containing regulations under this section must be laid before Parliament before the end of the period of six months beginning with the day on which this Act comes into force.”
Member’s explanatory statement
This amendment would require the Government to establish a certification scheme for improvements to domestic and commercial properties in England made for flood prevention or flood mitigation purposes and an accreditation scheme for installers of such improvements.
To move the following Clause—
“Insurance premiums
(1) The Financial Conduct Authority must, before the end of the period of six months beginning on the day this Act is passed, make rules under the Financial Services and Markets Act 2000 requiring insurance companies to take into account the matters in subsection (2) when calculating insurance premiums relating to residential and commercial properties.
(2) Those matters are—
(a) that certified improvements have been made to a property under section [flood prevention and mitigation certification and accreditation schemes], or
(b) that measures that were in full or in part for the purposes of flood prevention or mitigation have been taken in relation to the property that were requirements of the local planning authority for planning permission purposes.”
Member’s explanatory statement
This amendment would require the Financial Conduct Authority to make rules requiring insurance companies to take into account flood prevention or mitigation improvements that are either certified or planning permission requirements in setting insurance premiums.
To move the following Clause—
“Flood Reinsurance scheme eligibility
(1) The Secretary of State must, before the end of the period of six months beginning on the day this Act is passed—
(a) establish a new Flood Reinsurance scheme under section 64 of the Water Act 2014 which is in accordance with subsection (2), and
(b) lay before Parliament a draft statutory instrument containing regulations under that section to designate that scheme.
(2) A new Flood Reinsurance scheme is in accordance with this section if it extends eligibility to—
(a) premises built on or after 1 January 2009 which have property flood resilience measures that meet the standard under section [minimum requirements for flood mitigation and protection](2)(a), and
(b) buildings insurance for small and medium-sized enterprise premises.
(3) The Secretary of State may by regulations require public bodies to share business rates information with the scheme established under subsection (1)(a) for purposes connected with the scheme.
(4) The Water Act 2014 is amended in accordance with subsections (5) to (9).
(5) In section 64 (the Flood Reinsurance scheme), after “household premises”, in each place it occurs, insert “and small and medium-sized enterprise premises”.
(6) In section 67 (scheme administration), after “household premises”, in each place it occurs, insert “and small and medium-sized enterprise premises”.
(7) After section 69 (disclosure of HMRC council tax information) insert—
“69A Disclosure of business rates information
(1) The Secretary of State may by regulations require public bodies to disclose information relating to business rates to any person who requires that information for either of the following descriptions of purposes—
(a) purposes connected with such scheme as may be established and designated in accordance with section 64 (in any case arising before any scheme is so designated);
(b) purposes connected with the FR Scheme (in any case arising after the designation of a scheme in accordance with section 64).
(2) A person to whom information is disclosed under regulations made under subsection (1)(a) or (b)—
(a) may use the information only for the purposes mentioned in subsection (1)(a) or (b), as the case may be;
(b) may not further disclose the information except in accordance with those regulations.”
(8) In section 82(5) (interpretation)—
(a) for “69” substitute “69A”;
(b) after “household premises” insert “small and medium-sized enterprise premises”.
(9) In section 84(6) (regulations and orders), after paragraph (e) insert—
“(ea) regulations under section 69A (disclosure of business rates information),”.”
Member’s explanatory statement
This amendment would require the Government to extend the FloodRe scheme to premises built since 2009 that have property flood resilience measures that meet minimum standards and buildings insurance for small and medium-sized enterprise premises.