Environment Agency: New Flood Risk Evidence Review Request Process

• The Environment Agency provides an Evidence Review Request (ERR) process for challenging national flood and coastal erosion risk data in England.
• Submitting an ERR requires new evidence to meet specific technical standards, which differ from those for Flood Risk Assessments (FRAs).
• While planning authorities primarily rely on site-specific FRAs, an ERR can lead to updates in national flood products if evidence is accepted.
• Separate procedures exist for challenging surface water flood risk data (via LLFAs) and for National Coastal Erosion Risk Mapping or reservoir flood risk data.
• The Environment Agency offers a discretionary, charged planning advice service to assist with modelling for development applications and potentially speed up reviews.

For legal and compliance professionals, understanding the precise procedural distinctions between an ERR and a Flood Risk Assessment (FRA) is paramount, particularly when advising clients on property development or challenging official flood designations.

Property owners and developers in England seeking to challenge official flood and coastal erosion risk information published by the Environment Agency now have a formal procedural avenue: the Evidence Review Request (ERR). This mechanism allows individuals or entities to submit new data for assessment if they dispute the existing risk profile assigned to a specific location. The Environment Agency, which disseminates national flood and coastal erosion risk data, including through the Defra Data Services Platform flood information, is responsible for evaluating this submitted evidence.

Upon receipt, the Environment Agency undertakes a thorough assessment of the provided information to determine its validity and whether it warrants incorporation into their national flood and coastal erosion risk products. A critical prerequisite for any submission is that the evidence must strictly adhere to the agency's established technical standards. This formal `Environment Agency flood risk evidence review request` process is designed to ensure that national flood maps and related data accurately reflect current conditions and robust scientific understanding, offering a crucial pathway to `challenge EA flood map data England` where discrepancies are perceived.

The `Environment Agency ERR submission process` begins with an initial contact to discuss the specific product and location in question. Following this, new evidence can be formally submitted for review. It is imperative for legal and compliance professionals to recognize that the `flood risk assessment modelling requirements` for an ERR are distinct from those for a standard Flood Risk Assessment (FRA). While the Environment Agency may, in certain circumstances, provide local model information for updating if the existing product relies on such a model, all submitted evidence must align with their stringent technical criteria.

For those intending to utilize the same model for both an FRA and an ERR, it is a mandatory requirement that the model satisfies the specific standards applicable to both processes. Furthermore, before any submitted evidence can be used to update the Environment Agency's published products, a formal data sharing agreement must be executed. This ensures proper governance and consent for the integration of new data into official records.

While the ERR process primarily addresses national flood and coastal erosion risk products, it is important to note its specific scope and limitations. For instance, if the intent is to amend the risk of flooding from surface water for spatial planning datasets, the appropriate channel is to contact the relevant Lead Local Flood Authority (LLFA), not the Environment Agency directly. Similarly, for `National Coastal Erosion Risk Mapping evidence` or data related to the Risk of Flooding from Reservoirs, specific submission details can be obtained by emailing enquiries@environment-agency.gov.uk.

For legal and compliance professionals, understanding the precise procedural distinctions between an ERR and a Flood Risk Assessment (FRA) is paramount, particularly when advising clients on property development or challenging official flood designations. Planning authorities predominantly rely on site-specific FRAs, which build upon and refine the broader flood map information, meaning corrections to Flood Zones or other layers via an ERR are rarely the primary driver for planning decisions. However, for development planning applications involving modelling, the `Environment Agency planning advice service` offers a discretionary, charged service that provides expert guidance and can potentially expedite the review process, ensuring that submitted models meet the necessary standards for both planning and potential ERR purposes.

This guidance provides a critical procedural roadmap for lawyers and compliance officers advising clients whose property interests or development plans are impacted by Environment Agency flood and coastal erosion risk data. It details the formal process for submitting evidence to challenge or amend official risk products, highlighting specific technical standards and the distinction between evidence review requests (ERRs) and flood risk assessments (FRAs), which is crucial for navigating planning applications and mitigating client exposure.

Source: Original reporting via GOV.UK