Agenda item

(To receive a report by Ryan Davies which invites the Committee to discuss steps taken to date to develop the Council's approach to the network of riparian watercourses across Lincolnshire and strength engagement with riparian landowners)

The Committee agreed that the next item for consideration would be the Lincolnshire Riparian Project Update, as is was closely link to the earlier item on the agenda.

The Chairman invited Matthew Harrison, Senior Commissioning Officer and Ryan Davies, Assistant Flood Risk Officer to present the report to the Committee, which advised of the steps taken to date to develop the Council's approach to the network of riparian watercourses across Lincolnshire and strengthened engagement with riparian landowners.

It was reported that from latest significant flooding events in Lincolnshire caused by severe weather and high rainfall in the latter part of 2019 and early 2020; it had been identified that the role of riparian (privately owned) watercourses in surcharging under high rainfall conditions were contributing to localised flooding and that this was apparent in a number of locations. 

Information was provided in the report as to what owners of land were classified as being riparian landowners; and their common law rights and responsibilities.

It was reported that within Lincolnshire, Lincolnshire County Council led on ordinary watercourses consenting and enforcement unless it was an internal drainage district then Internal Drainage Boards led on ordinary watercourse regulations.  Details of the permissive powers of the Council were shown in Table 1 on page 48 of the report.  It was noted that under a Memorandum of Understanding the Council had delegated its land drainage powers to the Internal Drainage Boards, who exercised them consistently on behalf of the Council across the County to manage consenting and enforcement of activities affecting ordinary watercourses.

It was highlighted that the Council had commenced a project with partners in the Lincolnshire.  The Flood and Water Management Partnership comprised of interested stakeholders from North and North East Lincolnshire Councils, and that its purpose was to gain a better understanding of the nature and extent of potential flooding from riparian watercourses across the Greater Lincolnshire area. 

The Committee was asked to consider the potential options to be taken forward as detailed on page 49 of the report and to help guide officers with the development of the Lincolnshire Riparian Project. Some of the points raised during discussion included the following:

·       Some members felt that riparian ownership was an important issue, which was becoming more and more of a problem;

·       Some members welcomed the report and agreed that it was a vast piece of work, and that going forward it was going to be interesting to see how the responsibility of ownership was dealt with. Some concern was raised regarding the issue of enforcement and whether there was the budget and resources available for the this to be carried out.  The Committee noted that a working group had been set up with IDB's, district councils and the Environment Agency to consider the options and to identify the resources required.  It was then hoped the short list of options would be finalised in late October 2021, with the commencement of options as soon as practicable, following approval by the Council and partners, with the aim of implementation for April 2023.  Officers advised that they were happy to report back to the Committee on the progress being made with the project;

·       The need to make private landowners/businesses aware of riparian rights.  A suggestion was made for an article to be published in an edition of County News.  The Committee was advised that communication was a key point and that the suggestion made would be considered.  A further suggestion made was for something to be included in the monthly email to town and parish councils to ensure that the message was being distributed across the County.  It was also highlighted that there was a need for some training for parish councils on what was required;  and

·       It was agreed that a link to the to the Government website concerning guidance on owning a watercourse would be forwarded on to all members of the Committee following the meeting.

RESOLVED

That the report be received and that the comments raised by the Committee be taken in to consideration through the development of the project.