Issue details

This report seeks authority for the Council to conclude an agreement (‘the Agreement’) with the Environment Agency (‘EA’) which will give the Council the necessary statutory authority to progress the Upper Don flood alleviation scheme (‘the Scheme’).

As the Upper Don is categorised as a ‘Main River’ the statutory powers to carry out works on this river in relation to flood risk management lie with the EA, not the Council.  However, the EA has given approval for the Council to implement a flood alleviation scheme on the Upper Don.  Indeed, it is contributing funding for the Scheme.  As it is the Council who are implementing the Scheme, they require the same statutory powers (in relation to the Scheme) as the EA. Accordingly the EA has agreed to enter into the Agreement to confer certain necessary statutory authorisations on the Council and to make certain other arrangements relating to the Scheme.