3. How does the Welsh Government support communities to tackle the consequences of erosion caused by flooding? OQ57318

The Welsh Government funds local authorities to reduce the risk posed to communities by coastal erosion. However, addressing the consequences of river erosion is the responsibility of the riparian landowners whose property adjoins or contains the watercourse. This is a principle that has been long established in common law. 

I wrote to you, Minister, on 7 October asking for a meeting to discuss a problem faced by residents in Caerphilly who face potential damage to their homes due to the problem of river erosion. Notwithstanding your answer, I'd just like to go through the scenario with you and ask for a response. One group of residents at Celyn Avenue in Caerphilly have experienced an increase in incidents of erosion and subsequent flooding in their gardens, which back on to the banks of the Nant yr Aber river. Natural Resources Wales have advised the residents that they can't access any funding or support for flooding because it's their gardens, as opposed to their homes, that are affected, so these properties are not accorded a high priority according to the flood risk management model. However, residents are concerned that their homes will be flooded eventually, because Nant yr Aber is rising and its banks are wearing away, not just on their property but below their property, which isn't part of their property, due to climate change and increased rainfall. Natural Resources Wales say they cannot legally spend public money on mitigating and preventing river erosion, only on flooding, and they don't have statutory powers to do so and can only work within the remit set for them by the Welsh Government. A key issue here is that the cost of repairing and putting this right for those properties in Celyn Avenue goes beyond the means—way beyond the means—of those residents who live there; they simply cannot afford it. They're elderly residents, they haven't got the money—

You need to ask the question.

—to pay for it. So, I'd really welcome a meeting with you, Minister, to discuss this issue, particularly that of long-term erosion and consequences for properties. It's an issue we didn't have some time ago.

Well, Hefin David, I'm really sorry to hear of the impact that river erosion is having on your constituents. I understand that Natural Resources Wales has met with you and the affected residents, and you've just outlined the advice. Unfortunately, you are absolutely right; the riparian landowner is responsible. The riparian landowner is somebody whose property contains the watercourse or whose property is adjacent to or above the watercourse. That's been an established common law principle in England and Wales for over 200 years, so this isn't new law by any means. There is a guide published by Natural Resources Wales, titled 'A guide to your rights and responsibilities of riverside ownership in Wales'. We do invest money in alleviation of flood risk from rivers, but flood risk to properties—you're right—and not to gardens. So, you're quite right. I'm quite happy to meet with you to go through it, but I fear that you're correct in your assumption. Your constituents will have to take advice on whether their insurances or their lenders can help them. Otherwise, I really am afraid that we're at a bit of a loss as to how to help them, but I'm more than happy to meet with you and explore whether there is something that could be done.

I'd like to start by declaring an interest, as I'm a Denbighshire councillor until May 2022. I'm afraid I'm going to keep banging on about this and sound a bit like a broken record, because, you know, I've mentioned this question a couple of times in the past. The communities of Trefnant and Tremeirchion are still dealing with the consequences of the terrible flooding that resulted from storm Christoph at the start of the year. The vital link between these two communities in my constituency was eroded and washed away. It will be years before the historic Llanerch bridge is replaced, and only if Denbighshire County Council can secure the millions of pounds needed to fund the rebuilding efforts. So, Minister, will you commit your Government to providing the funding and work with the council in replacing this vital community link and essential active travel route as soon as possible?

I'm not entirely certain what that's got to do with erosion in riparian watercourses, but if the Member wants to write to me again and ask for a meeting, I'm happy to do so.

A number of communities on the shores of Llŷn have seen significant landslides over the past weeks and months. The most obvious was a landslide in Nefyn back in April, but there have been other cases across the region. Indeed, the British Geological Survey has allocated Nefyn as a landslide danger zone. These landslides are a threat to property and life, and cause real anxiety to residents of seaside communities. So, what assurances can you give the residents of Nefyn and the surrounding areas that are at threat of landslide that the Government and relevant bodies are undertaking the necessary work to safeguard life and property in the areas that are under threat such as Nefyn and other communities in Llŷn? Thank you.

Thank you for the question.

This is a really complicated area of law. So, sometimes, the river course is owned by someone, so sometimes the whole river course is owned by it. It's a fact of common law, though, that the edges of the river are owned by the properties adjacent to and containing the watercourse, unless there is an ability to show that the whole of the watercourse is owned by someone. So, it rather depends on how those ownerships pan out and what the infrastructure looks like above them. So, we have flood protection risks for properties and for infrastructure, but not unfortunately for gardens and for others types of land. So, I'm afraid it's a more complex question than that. I'd be happy to explore with the Member exactly what we're looking at.

Unfortunately, this is a consequence of the climate change emergency that we're all looking at. We're all experiencing greater amounts of rainfall, higher winds, really big problems with storms. So, again, my sympathies go out to the people who are suffering this. Our current system of flood protection extends, as I say, to flooding on properties and infrastructure of the sort, but not to the kind of erosion that Hefin David's constituencies are experiencing. I'd be very happy to explore further with you what can be done in certain circumstances, but I'm afraid it's very dependent on ownership patterns and other issues around the area.FootnoteLink

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