PART 2PRELIMINARY FLOOD RISK ASSESSMENTS
Duty to identify flood risk areas: lead local flood authorities14
1
A lead local flood authority must—
a
determine whether, in its opinion, there is a significant flood risk in its area, and
b
identify the part of the area affected by the risk (the “flood risk area”).
2
In making a determination under paragraph (1)(a), a lead local authority is not required to take into account flooding from a source mentioned in regulation 13(1)(a) unless the authority thinks that it may affect flooding from another source.
3
The authority may have regard to any guidance issued by the Minister about the criteria for assessing whether a risk of flooding is significant.
4
The Environment Agency—
a
must review the determination and identification of flood risk areas under paragraph (1), and
b
may recommend that the lead local flood authority identifies—
i
a different flood risk area,
ii
an additional flood risk area, or
iii
no flood risk area.
5
If the lead local flood authority disagrees with a recommendation of the Agency, the matter must be referred to the Minister.
6
On a referral the Minister must determine the flood risk area (if any) for which the lead local authority must prepare a flood hazard map and a flood risk map under regulation 19.
7
In making a determination under paragraph (6) the Minister must have regard to the cumulative effect of the risk of flooding identified by the Agency and the lead local flood authority.
8
The Agency's power to require information under regulation 36 includes power to require a lead local authority to notify the Agency of its determination and identification of a flood risk area by a specified date.
9
This regulation is subject to regulation 34.
F110
This regulation does not apply in relation to an English cross border area.