Legal Updates
'Managing flood risk - are you fully prepared?' - Brodies seminar, 11 May 2010
The recent seminar hosted by Brodies LLP, entitled 'Managing flood risk - are you fully prepared?', examined the main provisions of the Flood Risk Management (Scotland) Act 2009 (FRMSA) and how they will affect landowners - specifically the impact on individuals and organisations in flood risk areas, and the challenges and opportunities that it presents for those involved in its implementation. Particular focus was placed on the role of rural landowners in the context of sustainable flood risk management, and on compulsory purchase powers under the FRMSA and related compensation provisions:-
Legislation and Landowner Issues - Graeme Leith, Associate at Brodies, reviewed the aims and scope of the FRMSA, and in particular the duties that it imposes on public bodies and potential challenges that will be faced in carrying out those duties. Graeme discussed the uncertainties surrounding funding and the practical application of the various factors that will influence what steps need to be taken. He also provided an overview on liability for flood damage before addressing the role that rural landowners and managers must inevitably play in the future sustainable management of flood risk in Scotland.
Practical implications of the FRMSA - Dr Pascal Lardet of Halcrow Group provided a unique insight into the current system of flood prevention and flood risk management, and the industry's attitude to the FRMSA. Pascal identified moves to develop a map-based database of areas at risk from flooding as a significant step in ensuring the future management of flood risk is dealt with in the most cohesive and effective manner. He also looked at examples of schemes that have already adopted sustainable and multi-faceted solutions to flood risk, and compared the Scottish situation with other parts of the UK.
Compulsory Purchase under the FRMSA - Odell Milne, Partner and Head of Brodies' Agriculture and Estates team, examined the ability of Local Authorities under the FRMSA to exercise compulsory powers to acquire land or take entry to land. Odell highlighted that such measures have to be necessary and proportionate, and she identified some ambiguities and potential anomalies in the Act's provisions. There was also discussion on the likely timescales of a flood protection scheme and compulsory purchase process, and pros and cons of running both in tandem.
The seminar was well attended by representatives from the flood risk management and insurance industries, land managers and local authorities. The talks and concluding Q & A forum all identified the FRMSA as a sensible and practical piece of legislation. However, one common theme that ran through the discussions was the uncertainty over the levels of public funding that will be essential if the aims of the Act are to be met.
For more information on this or related topics, please contact Odell Milne
This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. If you would like us to advise you on any of the matters covered in this material, please contact one of the lawyers named above.
© copyright Brodies LLP 2010
