The Water Environment (Floods Directive) Regulations (Northern Ireland) 2009

Flood risk management plans: objectives and measures

17.—(1) In setting objectives and identifying measures under regulation 16(5)—

(a)the Department shall take account of, so far as relevant—

(i)any impact of climate change on the occurrence of floods within the river basin district to which the plan relates;

(ii)the preliminary flood risk assessment prepared under regulation 5 for the river basin district to which the plan relates;

(iii)the flood hazard maps and the flood risk maps prepared under regulation 10 for the river basin district to which the plan relates;

(iv)the cost of implementing proposed measures;

(v)the benefits (in terms of reducing the potential adverse consequences of flooding for human health, the environment, cultural heritage and economic activity or otherwise) that are likely to be derived from implementing proposed measures;

(vi)flood extent and flood conveyance routes and areas which have the potential to retain flood water such as natural flood plains;

(vii)soil and water management;

(viii)anything done under or in pursuance of the Planning (Northern Ireland) Order 1991(1) which affects development or the use of land within the river basin district to which the plan relates;

(ix)the environmental objectives of Article 4 of the Water Framework Directive;

(x)the conservation of nature whether within or outside the river basin district to which the plan relates; and

(xi)navigation and port infrastructure; and

(b)shall consider, so far as is appropriate, structural and non-structural measures and the reduction of the likelihood of flooding as means of achieving objectives.

(2) A flood risk management plan—

(a)shall address all aspects of flood risk management focusing on prevention, protection, preparedness, emergency response, recovery and review including flood forecasts and early warning systems and take into account the characteristics of the particular river basin or sub-basin; and

(b)may also include the promotion of sustainable land use practices, improvement of water retention as well as the controlled flooding of certain areas in the case of a flood.

(3) In this regulation any reference to the river basin district to which the plan relates includes an international river basin district or, as the case may be, the part of such a district lying within Northern Ireland.

(4) For the purposes of paragraph (1)(b), a measure is structural if it involves the carrying out of any operation on land.