Content

13.1

To inform committee of the
current position regarding flood alleviation proposals for the
River Don and to seek endorsement from this committee that, in
principle and should it be necessary, it would be appropriate for
the Environment Agency to make a CPO in respect of land at
Wharncliffe Side for use as a flood storage area.

 

 

13.2

RESOLVED
UNANIMOUSLY: That the Transport,
Regeneration and Climate Policy Committee, in principle, endorses
the use of the Compulsory Purchase Order (CPO) process by the
Environment Agency on the basis that there is a compelling case in
the public interest for the acquisition of land at Wharncliffe Side
for use as a flood storage area.

 

 

13.3

Reasons for Decision

 

 

13.3.1

The creation of a flood storage
area upstream of the proposed new flood defences is essential for
the delivery of this project – without one, the Environment
Agency would not permit the construction of the required flood
defences in the city centre, as this would result in increased
flood risk downstream of those defences.

 

 

 

There isn’t an
alternative location for a flood storage area that satisfies the
requirements (in terms of capacity, environmental suitability and
proximity to the downstream areas which it will be designed to
protect).

 

 

 

Whilst efforts will continue to
reach a negotiated agreement with the owner of the land where the
flood storage area is proposed to be sited, endorsement in
principle for the Environment Agency to pursue a CPO, should it
prove necessary, is being sought now because:
 

§ 
the duration of the CPO process is extensive and if
preparations are not commenced imminently there will be
insufficient time to achieve the CPO (should it prove to be
necessary) by the required timescales.

§ 
it is generally considered best practice for an
acquiring authority to initially warn those that may be affected by
the making of a CPO that the order is a real possibility if the
parties cannot agree via a negotiated settlement. While the Council
is not the acquiring authority here, the endorsement of this
report’s recommendation would enable the Council to refer to
that step being taken within its negotiations, as well as warning
the relevant parties of the subsequent potential initialisation of
the CPO process by the Environment Agency.

 

 

13.4

Alternatives Considered and Rejected

 

 

13.4.1

A total of 10 potential sites
for flood storage areas were originally identified for this project
and each site was evaluated on a range of criteria (technical,
environmental, geotechnical, cost and through public
consultation).

 

 

13.4.2

Of these potential sites, 3
were found to provide insufficient capacity, 4 were found to incur
risks to Ancient Woodland, whilst there was significant opposition
to the remaining 2.