Planning matters blog | Lichfields

Planning matters

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What can we learn from the past about flood resilience?
Flooding has become one of the biggest dangers to heritage assets in the UK and as more rain is predicted to fall in intense downpours the impacts to the historic environment will be significant. This will undoubtedly have implications for the sustainability of significant heritage assets along with their contribution to local communities and tourism. With the effects of climate change being felt across the country the Government consulted this year on proposals to change England’s planning policies to better respond to flood risks. It was announced planning guidance will be amended to make it clear that all planning applications opposed by the Environment Agency on flood grounds should be referred to the Secretary of State to make the decision. This means that developers who want to build on flood-prone areas will have to demonstrate that their proposals are climate resilient. Owners of listed buildings, who want to make alterations to their properties, should also manage flood risk and establish protective measures while retaining and respecting the existing structure and materials. In 2018, the Environment Agency identified that flooding posed a significant harmful consequence to cultural heritage. Working with local communities and carrying out a thorough flood risk assessment are therefore important exercises that help developers to understand the potential complexity of delivering their proposals within flood prone areas. Increased protection for heritage assets was spurred by the introduction of The Climate Change Act 2008 and the Flood and Water Management Act 2010 requiring Local Planning Authorities to address flood risk by delegating to them responsibility for flooding from local water courses, with the Environment Agency retaining responsibility for main rivers. This threat isn’t new however. Historically, our ancestors had a good eye on the landscape locating a number of settlements and structures on topographic highs or by using materials that can tolerate a degree of saturation. Building design from the past includes features such as pitched roofs, which ensure water is shed quickly, preventing it from sitting long enough to penetrate the roof material, whilst wide eaves and cornices keep falling water away from the walls. A study of historic properties at Hebden Bridge in 2017 showed that there were virtually no post-flood problems on buildings that retained most of the historic features and fabric, and the ones that made remedial works such a removing plaster with modern materials experience problems with months of repairs followed by damp issues. The important lesson from the flooding was that the traditionally constructed buildings, maintained and repaired with traditional materials, were far more resilient. Alterations to listed buildings with these components therefore should respect the original function not only for outwardly aesthetic purposes but for their continued use and flood protection elements they offer. Climate change is not an entirely new issue and our ancestors have been altering the landscape to deal with the effects of flooding since at least the medieval period. Between c. 950–c. 1250 there was the Medieval Warm Period, a time associated with an unusual temperature rise that created unusually wet conditions. The flood defence at Botolph's Bridge, for example, was probably constructed to protect the fertile agricultural land behind it from flood water. Other responses to flooding can also be seen in urbanised environments such as London. Tottenham Court Road for example is a medieval rerouting of the Roman Ermine Street due to its flood prone location. The modern construction of permanent infrastructure and other tools such as habitat creation, however, can also have negative effects on the historic places. For example, in 2015, the construction of a bund (an embankment to contain flood water) affected the setting of the Grade I listed St Michael’s Church in Mytholmroyd. Unfortunately, despite this defence, the church was inundated during the December floods of 2015. During that flooding event, which was a consequence of the river bursting its banks and increasing groundwater levels, the bund was overtopped, and water rose through the floor of the church. Unfortunately, the bund was very efficient at retaining the flood water in the building, so the church took longer to recover than would have been the case in the absence of that flood defence. Later in 2020, the village experienced further flooding caused by Storm Ciara affecting the church yet again. The church was flooded to a depth of four feet and has been undergoing extensive restoration ever since. All the pews were removed to safe storage and the wooden floor was replaced before the pews were re-installed. The church installed glass panels next to and opposite the church and the river channel has been widened (up to 8m). Rewilding is another example of natural flood management response, such as expanding woodland, reintroducing species that have been absent for a millennia, they usually have an adverse effect on the setting and character of heritage assets. As demonstrated historic buildings, structures and spaces are vulnerable not only to climate change, but the infrastructure created to protect them. Therefore, consideration should be given to whether its immediate area and whether the dwelling located in a floodplain or an area that is at high risk from flooding. The granting of consent to carry out works to protect a historic structure from flooding will be influenced by the impact of the proposals on the architectural, evidential or historic interest of the site. In some cases, such as Ironbridge, the building and insurance industries’ standard procedures for making buildings habitable again after a flood can be damaging to the special architectural, historic interest. The world heritage site has relied on temporary barriers to protect it during recent devastating floods. Permanent flood alleviation infrastructure has been denied due to its special historical and scientific significance meaning that temporary barriers are a better alternative in order to preserve its special historic and architectural quality. Proposals that affect character and setting are concepts deeply entwined in both planning and heritage protection frameworks. This is important for historic buildings and other features that are located near rivers or on the coast and have close links to the water environment, which will require novel approaches to heritage management. In the past water meadows, for example, have been a feature of many English river valleys and helpfully act as temporary water storage facilities in times of high tide. Flood defence infrastructure can also contribute to impacts on archaeology through altering ground conditions with potential implications for paleoenvironmental remains. Paleoenvironmental remains are key to understanding past environments and how climate change affected people in the past. Floodplain environments can also illustrate the varied nature of archaeological remains encountered in dynamic coastal and river environments threatened most by the effects of climate change. These remains such as organic deposits, wooden structures and relict channels, tell the story of climate change, flooding and coastal erosion and one that can span hundreds of thousands of years. The threat of flooding, especially in places which have been on built historic floodplains will continue to become more intense and destructive in the future, and with that many historic places are at risk of flooding as well as coastal change. Heritage professionals are working together to produce effective responses to the impacts of flooding to the historic environment by using lessons from the past to provide holistic approaches to land and building management. Heritage, by default is resilient by the fact it has survived, and we must support the local communities within these rich historic landscapes to adapt to our ever-changing environment.

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Drones, airports and an already constrained airspace: are the latest government proposals enough?
Last week, for the second time in less than a month, flights at a major London airport were halted by drone activity. On 8th January flights out of Heathrow Airport were suspended for over an hour, following drone sightings. Between 19th and 21st December, the runway at Gatwick Airport was closed for nearly 36 hours after drones were reported over the airfield, with flights unable to take-off or land. At Gatwick, as the world’s busiest single-runway airport and on one of its busiest days of the year, there were estimates of 140,000 passengers that were due to use the airport being affected. The media, aviation sector and public have all watched with interest. Malicious use or otherwise, this is clearly a very serious ongoing issue whereby substantial drones have been used to bring about the temporary closure of two major international airports. Questions have been raised: why was it apparently so easy to shut a British airport with a drone, what controls are there to avoid it happening in the future, and can drones actually co-exist with existing operations in our airspace? To add to the drama, the Heathrow Airport drone sighting followed only days after announcements by the Secretary of State for Transport, Chris Grayling, of plans for further drone regulation.  In a previous blog of June last year, I set out the current policy and regulatory framework and explained new laws for drone operators. Announced in May 2018, the new laws came into force in part from July 2018 with the remaining provisions coming into force on 30 November 2019[1]. At the time of announcing the new laws, Government said that these new measures, alongside an upcoming draft Drones Bill, would be the first step in setting the UK on a path to be a global leader in the drones use, tackling misuse to build public confidence in drone technology and encourage positive, innovative drone use in the UK – stating ‘ensuring drones are being used safely will pave the way for the devices to play an increasingly important role in society, and demonstrating that the industry can operate safely will be key to its advancement’. So, what’s next for government to ensure this societal and safety objective – and within the context of these drone incidents? Last summer, Government published a consultation paper ‘Taking flight: the future of drones in the UK’, seeking views on proposed legislation regarding the use of drones. Government also released a Drones and Other Unmanned Aircraft Bill impact assessment. The consultation period ran from July to September 2018 and detailed a number of proposed policies, including: a minimum age requirement for operators for small unmanned aircraft; whether the 1km flight restriction around protected aerodromes is sufficient; proposals to mandate and regulate a Flight Information and Notification System (FINS) as part of future unmanned traffic management and airspace modernisation programme; the powers required by enforcement bodies in order to properly police drone use and penalise incorrect use; and counter drone technology system proposals. The consultation also looked ahead on how counter-drone technology could be used as a means of addressing the potential threat malicious misuse of drones can pose; and the estimated growth in numbers of commercial drones in the UK over future years. On 7th January, Government published its response to this consultation. The response outlined government’s decisions, in particular, to legislate to give the police greater powers to tackle drone misuse, including the power to issue on the spot fines, and to better protect airports by extending the area around airports and runways in which drones are banned. There will be new powers for the police to order an operator to ground a drone if it’s deemed necessary. The police will also be able to seize drone parts, to prove the drone has been used to commit a criminal offence. This all builds on the new laws announced last year. The Heathrow drone sighting occurred the day after this government announcement, reinforcing just how important these new measures are and the need to implement them into legislation as soon as practicably possible. By the end of the week, the Aviation Minister, Baroness Sugg met UK airport bosses to discuss the technology already in use and how airports can strengthen their defences. Government has now said that it is considering implementation of military-grade anti-drone equipment at all major UK airports, as well as other critical infrastructure such as power stations and prisons. However, cost will no doubt be an issue. In the aftermath of the Gatwick drone incident, it was reported that the airport installed a £1million protection system, comprising 360-degree radar and thermal imaging systems, as well as a radio jammer. An airport’s security ‘fence’ will no longer be just the standard 1.8m chain link fence around an airport boundary. While big airports like Gatwick and Heathrow may be able to meet the cost of several million for drone protection, smaller operators will not have that luxury, potentially simply shifting the problem to the places that are less able to deal with it. Are these plans enough? Until now, Government has followed a light touch approach and the only legislation that has so far been passed focuses on regulating the drone user. Will this latest round of proposed regulation, combined with that announced last year, provide sufficient checks and controls to mitigate against another Heathrow/Gatwick drone incident? The Aviation Strategy Green Paper consultation ‘Aviation 2050 — the future of UK aviation consultation’, which commenced in December 2018, and the House of Commons 2nd reading of the Drones (Regulation) Bill 2017-19, which is expected sometime this year, should build on this work to date. As drones continue to play an increasingly important role in our society there will be pressures placed on our airspace and there is a growing need to understand how current users and new users (drones and other unmanned aircraft) can co-exist, and co-exist in an already constrained environment. The potential of drone technology to aid the way we live, work and play is wide-ranging, offering so much more than solely a recreational application. The Heathrow/Gatwick incidents must not prejudice its future. What is certain is that regulation and policy must continue to play catch-up, and then in consultation with industry, anticipate innovations in advancing technologies; safety must continue to be its focus. This includes aerodrome safeguarding and facilitating an airspace that can benefit all. Failure to do so will likely lead to another airport shutdown, or at its worst, a major aviation disaster.   [1] http://www.legislation.gov.uk/uksi/2018/623/contents/made Announced 30 May 2018. In force in part from 30 July 2018 with the remaining from 30 November 2019, in an amendment to the Air Navigation Order 2016 (The Air Navigation (Amendment) Order 2018.  

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