RPC opinion: Designation of Features Regulations 2012, post implementation review
RPC's opinion of DEFRA's review of the Designation of Features (Notices) (England) Regulations 2012 and Designation of Features (Appeals) (England) Regulations 2012
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The Flood and Water Management Act 2010 enables the Environment Agency, a lead local flood authority or an internal drainage board to designate features in the environment that perform a flood or coastal erosion risk management function. The associated 2012 regulations provide a minimum notice period and right of appeal.
The Regulatory Policy Committee (RPC) gave a ‘red’ rating to the post implementation review of the regulations on 16 May 2024. This means that we considered the review to be not fit for purpose based on our scrutiny of the evidence and analysis presented.
The RPC’s opinion refers to the evidence and analysis presented in the review, not the policy itself.
We note that the the Department for Environment, Food and Rural Affairs (DEFRA) has undertaken further work since we issued our opinion and has updated its review to reflect this.
We note the intent to leave the regulations in place given the department has found no evidence of them creating a burden on businesses, and the commitment to undertake a further review in 5 years to gather evidence for either retention or removal of the regulations.