Hisham NuhuFlood and disaster risk

Work · West Midlands and south London

Flood risk permits, planning advice and the Water Framework Directive

Flood risk activity permits in the West Midlands (2020–23) and statutory planning advice in south London (2023–25): decisions that stop new works and buildings adding to flood risk.

RolePermitting officer; planning advisor
Period2020–25
Advisory and regulatory casework, 2020–25

ContextWhy it mattered

About 6.3 million properties in England are in areas at risk of flooding. National planning policy steers development away from risk through the sequential and exception tests. The Environment Agency is a statutory consultee, and councils minded to approve major development in Flood Zones 2 or 3 against a sustained objection must refer it to the Secretary of State. Work within 8 m of a main river (16 m if tidal) needs a flood risk activity permit. The Water Framework Directive, retained in the 2017 Regulations, sets water-body objectives that schemes must respect.

Partners: Local planning authorities; Permit applicants

My roleWhat I did

Permitting officer, West Midlands (2020–23); planning advisor, London (2023–25)

  • Assessed flood risk activity permit applications in the West Midlands (2020–23): judged the flood risk and potential damage, and set conditions.
  • Gave planning advice on developments in and near Flood Zones in south London (2023–25), as part of the Environment Agency’s statutory consultee role.
  • Applied the national planning policy tests (sequential and exception) and climate change allowances when reviewing flood risk assessments.
  • Wrote technical reports to flood and coastal erosion risk management (FCERM) and Water Framework Directive standards.

Project cycleHow the project moved, stage by stage

Who led each stage, and what it produced. Filled steps were mine; outlined steps were led by others.

My role (5 of 6 stages) Context: led by the council, partners or the Environment Agency, not my actions

  1. 1Consultation receivedContext

    Local planning authorities consult the Environment Agency as statutory consultee on specified flood-risk development.

    Result A planning case to assess.

    ADB: Safeguards screening · World Bank: ESF screening

  2. 2Evidence reviewMy role

    Gave planning advice on developments in and near Flood Zones in south London (2023–25).

    Result A judgement on the flood risk of the proposal.

    ADB: Risk-informed planning tools · World Bank: Risk information for land-use decisions

  3. 3Policy testsMy role

    Applied the sequential and exception tests and climate change allowances when reviewing flood risk assessments.

    Result A policy-compliant assessment.

    ADB: Policy compliance review · World Bank: Regulatory compliance

  4. 4ResponseMy role

    Advised the planning authority (consultation response).

    Result Written advice to decision makers.

    ADB: Advisory note · World Bank: Technical advice to counterpart

  5. 5PermitsMy role

    Assessed flood risk activity permit applications for flood risk and damage, and set conditions (West Midlands, 2020–23).

    Result Permit decisions informed by flood risk.

    ADB: Environmental permitting (safeguards) · World Bank: Environmental permitting; environmental and social commitment plan (ESCP)

  6. 6Reporting standardsMy role

    Wrote technical reports to FCERM and Water Framework Directive standards.

    Result Defensible written evidence.

    ADB: Safeguard monitoring reports · World Bank: Environmental and social reporting

PeopleWho it affects, and how results were shared

Who it affects

  • Future residents and occupiers of new development
  • Neighbours who could be affected by increased flood risk elsewhere
  • Applicants and planning authorities

How people were involved

  • Through statutory consultation with local planning authorities. my role

What changes for them

  • The exception test requires development to be safe for its lifetime without increasing flood risk elsewhere, so new residents start with lower risk. policy
  • About 6.3 million properties in England are already at risk. Planning advice helps stop that number growing.

Public evidenceAbout 6.3 million properties in England are in areas at risk of flooding, possibly around 8 million by mid-century. Source: EA press release: national flood risk assessment (17 Dec 2024).

MethodsMethods and tools

  • National Planning Policy Framework and Planning Practice Guidance (flood risk)
  • Flood Map for Planning
  • Climate change allowances
  • Environmental permitting: flood risk activities
  • Water Environment (WFD) Regulations 2017

OutcomeWhat happened

Casework across two regions. Individual cases are not published.

In numbersHow the Environment Agency’s flood risk planning advice works

  1. Planning application in an area at flood risk
  2. Site-specific flood risk assessment (where policy requires)
  3. Environment Agency consulted as statutory consultee
  4. Sequential test: lower-risk site reasonably available?
  5. Exception test: wider benefits, and safe for lifetime without increasing risk elsewhere?
  6. Environment Agency response: no objection, conditions, or objection
  7. Major development in Flood Zone 2/3 approved against a sustained Environment Agency objection: refer to the Secretary of State (21 days)

Separate route from “Planning application in an area at flood risk”

Works within 8 m of a main river (16 m tidal): flood risk activity permit (exclusion, exemption, standard rules or bespoke)

Public figures. The decision path an Environment Agency planning advisor works within, plus the separate permit route for works near rivers.

Planning Practice Guidance: flood risk and coastal change; GOV.UK: flood risk activities, environmental permits.

SkillsSkills gained

  • Policy and regulationApplying planning policy, permits and the Water Framework Directive to real cases.
  • Flood risk assessmentSite-scale flood risk judgement on proposed developments and works.
  • Climate adaptationUsing climate change allowances in development control.
  • Technical reportingConcise, defensible written advice for decision makers.
  • Policy and regulation
  • Flood risk assessment
  • Climate adaptation

TransferHow this applies internationally

ADB DRM Action Plan. Risk-informed land-use planning advice. The “risk knowledge and planning tools” work stream needs people who can turn flood maps into planning decisions.

World Bank / GFDRR. Integrating hazard and risk information into urban planning. GFDRR helps countries “integrate disaster risk management and climate change adaptation into development strategies”. Statutory planning advice is that integration in practice.

UNDRR (risk-informed development). Governance tools that prevent new risk. Sendai para 30(f) calls for risk assessment in land-use policy, and para 27(d) for compliance mechanisms. Permits and planning consultation are both.

ADB / World Bank safeguards. Screening works in and near watercourses. Permitting and Water Framework Directive checks mirror environmental screening under ADB’s and the World Bank’s ESF.

SourcesSources

  1. EA press release: national flood risk assessment (17 Dec 2024)
  2. GOV.UK Planning Practice Guidance: Flood risk and coastal change
  3. GOV.UK: Flood risk activities, environmental permits
  4. Water Environment (Water Framework Directive) (England and Wales) Regulations 2017
  5. GOV.UK: Flood risk assessments, climate change allowances