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Cubbington Neighbourhood Development Plan - Regulation 16 Submission
ID sylw: 87853
Derbyniwyd: 12/12/2024
Ymatebydd: Environment Agency
We would not offer detailed bespoke advice on Policy but advise that you ensure conformity with the adopted Core Strategy and, in consideration of the Warwick District Local Plan, and refer to guidance within our local NDP proforma guidance (copy enclosed).
To assist us in the West Midlands Area 
in providing the most focused and accurate consultation responses through the Neighbourhood 
Planning process we have produced the below guidance and pro-forma for you to consider, 
complete and return to the Planning Policy Team at Warwick District Council.
Please see attached.
The Environment Agency aims to reduce and protect against flood risk, whilst protecting and 
enhancing the water environment, land, and biodiversity. To assist us in the West Midlands Area 
in providing the most focused and accurate consultation responses through the Neighbourhood 
Planning process we have produced the below guidance and pro-forma for you to consider, 
complete and return to the Planning Policy Team at Warwick District Council.
You may wish to also refer to the Neighbourhood planning - GOV.UK (www.gov.uk) guidance to 
assist you in the preparation of your Plan.
The Environment Agency, along with Natural England, Historic England, and the Forestry 
Commission (now known as Forestry England), has also produced some national guidance which
offers further environmentally specific information in the context of Neighbourhood Planning and 
gives ideas on incorporating the environment into Plans. The guidance is available at: How to 
consider the environment in Neighbourhood plans. 
In the context of Climate Change there is further information on writing a low-carbon 
Neighbourhood Plan available at: How to write a neighbourhood plan in a climate emergency.
To compliment the above we have produced the following guidance to assist you in the West 
Midlands Area specifically. This takes you through some of the relevant environmental issues your 
community should consider when producing a Neighbourhood Plan. We recommend completing 
the pro-forma to check the environmental constraints specific to your Plan area, which should help 
identify challenges, inform evidence and policy, and assist delivery of sustainable solutions. This 
approach will help ensure you have a robust Plan.
Flood Risk: Your Plan should conform to national and local policies on flood risk. National 
Planning Policy Framework (NPPF) – Paragraph 165 states that ‘Inappropriate development in 
areas at risk of flooding should be avoided by directing development away from areas at highest 
risk (whether existing or future). Where development is necessary in such areas, the development 
should be made safe for its lifetime without increasing flood risk elsewhere’.
With reference to the adopted Warwick District Local Plan (2011-2029) it is important that 
your Plan is in accordance with Policy FW1 – Reducing Flood Risk and the associated text.
New Local Plan - Download - Warwick District Council (warwickdc.gov.uk)
If your Plan is proposing sites for development you should check whether any of the proposed 
allocations are at risk of river or tidal flooding based on our Flood Map (of modelled flood risk). For 
example, are there any areas of Flood Zone 3 or 2 (High and Medium Risk). In line with National 
Planning Policy and, specifically, the Sequential Test, you should aim to locate built development 
within Flood Zone 1, the low-risk Zone. Our Flood Map can be accessed via the following link:
Check the long term flood risk for an area in England - GOV.UK (www.gov.uk)
In addition to the above you should also check with the Council’s Planning Policy Team with 
regards to other sources of flooding (such as surface water, groundwater, sewers, and historic 
flooding) as detailed in their Strategic Flood Risk Assessment (SFRA). Warwickshire County 
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Council as the Lead Local Flood Authority (LLFA), has responsibility for local flood risk 
management and may hold flooding information that is not identified on our Flood Map. 
Specifically, some watercourses have not been modelled on our Flood Maps (Our Flood Maps 
primarily show flooding from Main Rivers, not ordinary watercourses, or un-modelled rivers, with a 
catchment of less than 3km2
). The SFRA also gives information on the ‘functional floodplain’, also 
known as Flood Zone 3b. The National Planning Practice Guidance (NPPG) shows the different 
Flood Zones in Table 1 in the Flood Risk and Coastal Change Section: Flood risk and coastal 
change - GOV.UK (www.gov.uk) 
Any allocations in areas of flood risk should include a consideration of climate change (see 
below). In the absence of up-to-date modelled flood risk information, or a site-specific FRA, to 
confirm an appropriate allowance you may wish to utilise the current Flood Zone 2 extent (where 
available) to indicate the likely, nominal, Flood Zone 3 with climate change extent. Where no 
modelling or flood map outline is available you will need to consider an alternative approach.
Where an un-modelled watercourse is present, or adjacent to a site, then it may be prudent to 
incorporate a buffer zone, relative to topography, in consideration of flood risk not shown on the 
Flood Map. 
Some assessment is necessary in your Plan, to confirm that the site is developable. This includes 
safe occupation and that there will be no impact on third parties. You might seek opportunities to 
reduce flood risk.
All 'major development' sites with flood risk issues, especially those with ordinary watercourses or 
un-modelled rivers within/adjacent or near to sites, are likely to need detailed modelling at the 
planning application stage to verify the design flood extents, developable areas and that the 
development will be sustainable. 
Climate Change: Your Local Authority's SFRA should indicate the extent of flood zones with 
likely climate change. The NPPG refers to Environment Agency guidance on considering climate 
change in planning decisions which is available online: https://www.gov.uk/guidance/flood-riskassessments-climate-change-allowances .
Please refer to our separate ‘Area Climate Change Guidance’ (March 2023) for more information 
on how to consider and incorporate allowances in development proposals. This advises that an 
allowance should be added to ‘peak river flows’ to account for ‘climate change’ which should be 
specific to a river ‘management catchment’.
You may wish to use the following link in conjunction with our Area Specific Climate Change 
Guidance to ascertain the correct climate change peak flows allowances in your area: Climate 
change allowances for peak river flow in England (data.gov.uk).
Surface water (peak rainfall intensity) climate change allowances should be discussed with the 
LLFA.
Flood Defences: Areas of your Parish, or proposed sites, may be afforded protection by a flood 
defence/alleviation scheme. Where this is the case, your Plan should acknowledge this and 
identify the level of protection provided (including any climate change allowance). It should be 
noted that flood defences are intended to protect existing properties and are not to facilitate new 
development in areas that would otherwise be impacted by flooding. Any assessment of 
development behind flood defences should consider the impacts of a breach or overtopping. 
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Where it is determined that new development should be behind a flood defence financial 
contributions may be sought to maintain or improve the structure.
Waste Water Infrastructure: Waste water infrastructure is also of importance in your Plan. 
Where housing is proposed you should use the pro-forma to identify the receiving treatment works 
and whether the housing and/or any employment growth can be accommodated without impacting
the receiving treatment works. You should look at physical capacity issues (e.g. network pipes) 
and environmental capacity (quality of treated effluent) issues. In addition you should contact the 
Water Company for further advice. 
Where there is an identified constraint (amber or red) you should demonstrate that there is a 
solution (it may be already programmed or could be a possible future infrastructure upgrade) to 
help improve the capacity issue and enable the development to go ahead. This will require 
consultation with the Water Company, and we have developed some general questions to assist 
this process. The outcome of this may inform a ‘phasing’ policy within your plan where 
appropriate. It may also be necessary to produce an ‘Infrastructure Delivery Plan’ to set out any 
key milestones for wastewater infrastructure upgrades and improvements. The evidence you 
produce should give a reasonable degree of certainty to all parties, helping demonstrate 
development is deliverable, and importantly ensure that your plan is ‘sound’.
Note: Government Guidance states that sufficient detail should be provided to give clarity to all 
parties on when infrastructure upgrades will be provided, looking at the needs and costs (what 
and how much). The NPPG refers to “ensuring viability and deliverability – pursuing sustainable 
development requires careful attention to viability and costs in plan making and decision making”. 
Plans should be “deliverable”.
We would recommend discussions with the Utility Company to ascertain how you can progress 
with your Plan without impact on the works. To assist in these discussions, we would recommend 
the following:
• What solutions are programmed within Asset Management Plans (AMP)? When will these 
solutions be delivered? Are there any options for accelerating these schemes via developer 
contributions?
• In the absence of any improvement schemes what could alternative solutions be (type and 
location of) for short/medium/long term growth. Are these solutions cost prohibitive? 
• Are there any short-term options to facilitate growth? Some options to consider could be 
SUDS retrofitting or removing surface water from sewer systems. 
• Utility companies could be asked about what Water Framework Directive (WFD) work they 
already have programmed in to their AMP Schemes for Phosphate stripping or other 
sanitaries (e.g. ammonia/Biological Oxygen Demand).
• With reference to the Nutrient Management Plan (where this is relevant), and Phosphate 
specific issues, are there any stringent measures factored in to ensure no environmental 
deterioration? What improvement scheme is, or could be, in place to bring forward 
development?
Water Management and Groundwater Protection: In February 2011, the Government signalled 
its belief that more locally focussed decision making, and action should sit at the heart of 
improvements to the water environment. This is widely known as the catchment-based approach 
and has been adopted to deliver requirements under the Water Framework Directive (WFD). It 
seeks to:
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• deliver positive and sustained outcomes for the water environment by promoting a better 
understanding of the environment at a local level; and 
• encourage local collaboration and more transparent decision-making when both planning and 
delivering activities to improve the water environment. 
Neighbourhood Plans provide an opportunity to deliver multi-functional benefits through linking 
development with enhancements to the water environment. Local WFD catchment data can be 
obtained from: River Basin Catchment Data Explorer. 
Aquifers and Source Protection Zones (SPZs): Some of your local area, and specific potential 
site allocations, may be located upon or within aquifers and Source Protection Zones (link below). 
SPZ 1 is especially sensitive. You might consider these within your Plan and when allocating 
sites. The relevance of the designation and the potential implication upon development proposals 
should be seen with reference to our Groundwater Protection Position Statements:
https://www.gov.uk/government/publications/groundwater-protection-position-statements
Development and surface water drainage will need to be carefully located and designed to avoid 
pollution risks to waters and address potential environmental impact associated with low 
flows. For example SuDS may need to provide multiple levels of treatment. To address any 
quantitative issues with the waterbodies, SuDS should be designed so as to maximise recharge to 
the aquifer and support water levels in receiving rivers.
Water Efficiency at Neighbourhood Plan Level: Local Water Efficiency targets may be secured 
in a neighbourhood plan or higher-level local plan policy. The draft Technical Standards – Housing 
Standards Review (Paragraph 14) provided advice on more stringent ('optional') water efficiency 
targets/measures, which go beyond the minimum building regulations standard. Paragraph 14 
states that..."Neighbourhood Planning Bodies will only be able to apply the space standard and 
not optional requirements”. 
These standards have since been enshrined into the Building Regulations (part G) “The optional 
requirement only applies where a condition that the dwelling should meet the optional requirement 
is imposed as part of the process of granting planning permission. Where it applies, the estimated 
consumption of wholesome water calculated in accordance with the methodology in the water 
efficiency calculator, should not exceed 110 litres/person/day”. However, there is no direct 
responsibility for Neighbourhood Plans to incorporate these water efficiency measures.
Cemetery Allocations: Allocations for cemeteries brought forwards within Neighbourhood Plans 
must consider their location in relation to Flood Zones, Source Protection Zones (Any Borehole,
including private boreholes, for potable supply should be considered) and Type of Aquifer. We 
would offer comments primarily in relation to the protection of controlled waters (i.e. groundwater 
and surface water). Matters relating to human health should be directed to the Local Authority. If 
steps are not taken to reduce the risks, burials can present a risk to the water environment. The 
proposed burial ground will need to meet our minimum groundwater protection requirements as 
set out in the following document: Protecting groundwater from human burials - GOV.UK 
(www.gov.uk) .
Biodiversity Net Gain: Development of allocated sites offers the opportunity for Biodiversity Net 
Gain (BNG) as referenced in Paragraphs 180, 185 and 186 of the NPPF ‘Conserving and 
enhancing the natural environment’. Specifically, any ponds and flood storage areas if designed 
correctly could also provide opportunity for blue and green infrastructure, such as wetland habitat 
throughout the year as well as providing a recreation amenity.
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Whilst we would not necessarily expect to see specific BNG details for allocations within the Plan, 
there may be an opportunity to promote ‘Net Gains’ within your Policies. 
Please see Biodiversity net gain - GOV.UK (www.gov.uk) and Biodiversity Net Gain for local 
authorities | Local Government Association for further information. 
Neighbourhood Plan Environment Agency Pro-Forma
Site Allocation
Description
e.g. name, 
type and 
number of 
units.
Flood 
Zone 
(3/2/1) *
Unmodelled 
river or ordinary 
watercourse in 
or adjacent to 
site
Other 
sources of 
flooding 
(e.g. SW, 
GW, SF)
Flood 
Defence
Aquifer/Source 
Protection Zone 1
(Description)
Environmental 
Capacity at 
Treatment Works
(Red – potential 
showstopper, 
Amber – possible 
problem; or Green 
– likely to be no 
issues)
Example 2 Y SW N N Amber
Y/N Y/N Y/N 
Y/N Y/N Y/N
Y/N Y/N Y/N
Y/N Y/N Y/N
Y/N Y/N Y/N
Y/N Y/N Y/N
Y/N Y/N Y/N
*Note to above: Flood Zone 3 is the high-risk zone and is defined for mapping purposes by the Environment 
Agency's Flood Zone Map. Flood Zone 3 refers to land where the indicative annual probability of flooding is 1 in 100 
years or less from river sources (i.e. it has a 1% or greater chance of flooding in any given year). Flood Zone 2 is land 
where the indicative annual probability of flooding is between 1 in 100 and 1 in 1000 years. Flood Zone 1 is the lowrisk Zone with a flood risk in excess of 1 in 1000 years. 
When considering ‘other sources of flooding’ you should refer to the SFRA and contact Warwick District Council to 
ascertain whether the Parish, or specific allocated site, is impacted by surface water, groundwater, or sewer flooding 
etc. The team and/or the LLFA may also have historic flooding information to help inform your plan. More information 
on sewer flooding, or plans to remedy such, may be available from the Water Company.