Decision Maker: Transport, Regeneration and Climate Policy Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: March 26, 2025

Purpose:

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.