Maureen Gilbert

Parliamentary Under Secretary of State 
Seacole Building 
2 Marsham Street 
London 
SW1P 4DF 

3 November 2025 

Matthew Kewley 
Coroner’s Court, Derbyshire County Council 
Town Hall, Rose Hill 
Chesterfield 
Derbyshire 
S40 1LP 

Dear Coroner Kewley, 

Thank you for your report of 8 September regarding the death of Mrs. Maureen Gilbert. I 
was very sorry to learn of her tragic death in October 2023, and I would like to express my 
sympathies to Mrs. Gilbert’s family for what has been a deeply upsetting time for them. I 
would also like to thank you for your thorough investigation into the details of the incident 
and your report. 

Flooding  devastates  communities.  We  take  our  responsibility  in  reducing  these  risks 
extremely seriously and we have acted to increase investment, change the rules around 
how funding for flooding is allocated and set up a Flood Resilience Taskforce to improve 
how prepared the country is for flooding.  

With respect to flooding at Tapton Terrace during Storm Babet, I view your findings with 
the utmost gravity. Before responding to your specific requests, it is first important for me 
to be clear on the roles of the parties to whom you have written.  

Defra  has  overall  national  responsibility  for  policy  on  flood  and  coastal  erosion  risk 
management (FCERM) in England, providing funding for flood risk management through 
grants to the Environment Agency, local authorities and internal drainage boards. It is the 
Lead  Government  Department  for  all  flood  planning  and  response  and  activates  its 
response systems in larger flood emergencies. 

The  Environment  Agency  is  responsible  for  taking  a  strategic  overview  of  the 
management of all sources of flooding and is responsible for the operational flood response 
to flooding from main rivers, the sea and reservoirs. It is important to emphasise that while 
the construction of flood defences can manage flood risks, defences are not able to entirely 
eliminate the risk of flooding or a risk to life. Ahead of expected flooding, with the help of 
the emergency services and Lead Local Flood Authorities, the Environment Agency warns 
and informs people at risk and puts staff on the ground to erect defences, clear blockages 
and coordinate other responders. 

Derbyshire  County  Council,  as  the  Lead  Local  Flood  Authority  for  Chesterfield,  is 
required to manage and investigate local flood risks from surface water, groundwater and 
ordinary watercourses, working closely with other risk management authorities, including 
the  local  highway  authorities,  water  companies  and  internal  drainage  boards,  among 
others.  Evacuation  and  shelter  are  the  responsibility  of  the  local  authority,  working 
alongside the Environment Agency and others in a multi-agency response.   

 
 
 
 
 
 
  
 
 
     
 
 
 
 
 
 
 
 My department and the Environment Agency have considered the protections that were in 
place ahead of the flooding, the response that took place, and, in accordance with your 
report, considered the actions being taken and the proposed timescale for such action.  

Response to Storm Babet in Chesterfield 

Storm  Babet  in  2023  was  a  major  flooding  event.  There  was  significant  flooding  across 
Chesterfield, with 600 properties affected. It was classified as a national flood emergency, 
and  as  the  Lead  Government  Department,  Defra  stood  up  its  Emergency  Operations 
Centre.  

Chesterfield and Tapton Terrace are located within the Upper River Rother Catchment, and 
the  Flood  Warning  Service  operated  as  it  should  have  for  this  area.  The  Environment 
Agency’s Avenue Flood Balance Reservoir, 4 kilometres upstream, operated and filled to 
its capacity. Had the reservoir not operated to its full capacity Tapton Terrace would have 
flooded much earlier and with substantially higher flows. Nationally, an estimated 96,000 
properties were protected by the Environment Agency during Storm Babet. It is important 
to state that, with the impacts of climate change, we are likely to see more events on the 
scale of Storm Babet in the future. 

Action since Storm Babet 

The Environment Agency’s response to you provides further detail on the response to the 
flooding in Chesterfield during Storm Babet. It also includes an articulation of the range of 
options that have been considered since 2023 to reduce the flood risk at Tapton Terrace. 

A  key  issue  that  had  been  the  subject  of  scrutiny  throughout  your  inquest  was  whether 
there are any feasible further options for flood schemes that would directly protect Tapton 
Terrace. As you highlighted in your report, potential technically feasible options had been 
identified  in  a  2008  pre-feasibility  study  but  none  were  found  to  comply  with  the 
government’s  spending  rules,  as  set  by  HM  Treasury’s  Green  Book,  which  require  all 
projects  to  demonstrate  value  for  money  in  order  to  be  considered  for  funding.  These 
spending rules are key to prioritising spend across government.  

Taking into account the findings from your report, the fact that 18 years have passed since 
the last pre-feasibility study and with the introduction of new appraisal and funding rules, I 
agree with the Environment Agency’s conclusion that a new pre-feasibility study (which is 
now referred to as a Strategic Outline Case) should be taken forward and will underline to 
the  Environment  Agency’s  Chief  Executive,  when  we  next  meet,  that  this  should  be 
undertaken in 2026. As the Environment Agency’s response sets out, if a viable option is 
identified,  it  can  then  be  considered  for  funding  under  the  new,  more  straightforward 
funding rules, which take effect in April 2026.  

In  addition  to  considering  the  need  for  a  new  Strategic  Outline  Case,  the  Environment 
Agency, as detailed in its full response, is leading the appraisal of the River Hipper Flood 
Alleviation Scheme, which has secured just under £400,000 funding for the next phase of 
development. The Environment Agency estimates that this phase (known as the Outline 
Business Case) should commence in spring 2026 and is understood to take a minimum of 
two years to complete, subject to funding. In addition to this, there is ongoing preliminary 
work  to  explore  further  natural  flood  management  and  storage  within  the  River  Rother 
catchment,  upstream of  Tapton  Terrace. As  the Environment  Agency’s response  to  you 
explains,  it  is  also  supporting  Derbyshire  County  Council  with  its  ongoing  investigations 

2 

 
 
 
 
  
 
 
 
 
 into the removal of Crow Lane Bridge, upstream from Tapton Terrace on the River Rother. 
The 2008 pre-feasibility study indicated that the removal of this bridge would lower the river 
levels upstream from Tapton Terrace during flood events. In 2026, updated modelling work 
by the EA will be undertaken to assist the County Council’s technical understanding of the 
benefits in removing the bridge. 

The Environment Agency’s improved ‘Get flood warnings’ service, increasing accessibility, 
reliability,  and  responsiveness  during  flood  events,  launched  on  21  October  2025. 
Currently, records show that 20 out of the 26 properties at Tapton Terrace are registered 
to receive Flood Warnings. 

Dredging is one further option considered by the Environment Agency. Dredging and main 
river clearance is an important part of the Environment Agency’s wider annual programme 
of  channel  maintenance  work.  Before  undertaking  dredging,  the  Environment  Agency 
works  in  close  consultation  with  local  communities  to  assess  whether  it  is  technically 
achievable,  cost  effective,  and  does  not  significantly  increase  flood  risk  for  others 
downstream.  The  response  from  Environment  Agency  explains  why,  on  the  basis  of 
evidence from 2024, they believe dredging the river channel at Tapton Terrace would not 
provide any flood risk benefit to the community. 

The Environment Agency will also continue to carry out winter maintenance walkovers of 
the river channel at Tapton Terrace and take action accordingly. 

I have discussed these issues with the constituency MP for Chesterfield. In June of this 
year, I responded to a debate in Parliament called by Toby Perkins MP about flooding in 
his constituency. I also met with him last week, on 26 October, to discuss Tapton Terrace. 
One  of  the  issues  raised  by  Toby  Perkins  was  the  potential  for  Compulsory  Purchase 
Orders in relation to Tapton Terrace. I suggested to him that this would be something to 
discuss with the local council in the first instance. I agreed to remain in touch about potential 
options ahead. 

Moving  forward  from  here,  as  Minister  for  Water  and  Flooding,  I  remain  committed  to 
helping increase the resilience of Tapton Terrace,  Chesterfield and the whole country to 
flooding. Having met with Toby Perkins MP, I will also meet with Chris Henning (Executive 
Director  at  Derbyshire  County  Council)  and  Philip  Duffy  (Chief  Executive  at  the 
Environment Agency) to discuss flood protection in Chesterfield ahead of this winter. 

Thank  you  once  again  for  your  important  inquiry  and  report.  Please  do  not  hesitate  in 
contacting me if there is anything that I can clarify. 

Yours sincerely, 

3

RESPONSE TO REGULATION 28 NOTICE FROM DERBYSHIRE COUNTY COUNCIL  

This is the response to the Regulation 28 Report to Prevent Future Deaths issued by Coroner for 
Derbyshire and Derby, Matthew Kewley dated 8th September 2025. 

Derbyshire County Council  (“DCC”) in its capacity as Lead Local Flood Authority (Floods and 
Water  Management  Act  2010)  has  the  lead  responsibility  for  managing  local  flood  risk  ,  from 
surface water, groundwater and ordinary watercourses. The Environment Agency is responsible 
for taking a strategic overview of the management of all sources of flooding and coastal erosion.   

Although the primary responsibility for managing flood risk from main rivers, (of which the River 
Rother at Tapton Terrace, Chesterfield is) vests with the Environment Agency (“EA”) DCC continue 
to work collaboratively with the EA to explore ways in which the flood risk can be reduced in order 
to avoid the risk to life.  

DCC is currently exploring the feasibility of removing an access bridge, which is located over the 
River Rother, just to the south of Tapton Terrace. The access bridge is public highway and is the 
responsibility of the authority to manage and maintain. Removal of the access bridge may provide 
a benefit in terms of reducing the flood risk to Tapton Terrace and surrounding flood areas.  There 
would  be  a  requirement  to  utilise  the  EA’s  modelling  and  expertise,  in  order  to  evidence  that 
removal of the bridge will actually reduce the flood risk.  To explain what modelling is, the EA have 
river models which simulate the flows and depths over a range of different storms, which can be 
used to aid feasibility and design of a flood risk scheme.  This modelling and evidence is essential 
to allow DCC to consider the removal of the access bridge, as a stopping up order would also be 
required, under  Section  116  of  the  Highways  Act 1980.  DCC  remains  committed  to  exploring 
opportunities for progressing this work, and will continue to liaise with the Environment Agency 
to identify how the necessary evidence might be compiled, if it can be demonstrated that it would 
reduce the flood risk. The stopping up order would also be subject to public consultation. At this 
stage, it’s challenging to define precise timescales for this work due to a number of uncertainties. 
We’re actively working to clarify these uncertainties, and will provide a more definitive timeline 
as soon as conditions allow. 

DCC  is  also  exploring  the  feasibility  of  constructing  a  Flood  Alleviation  Scheme  on  the  Spital 
Brook, which is an ordinary watercourse (rather than a main river) and would therefore fall under 
the remit of DCC as the Lead Local Flood Authority to consider, rather than the EA. The scheme 
would provide upstream attenuation in times of heavy rainfall, thereby potentially reducing the 
flood risk further downstream, at the point it connects into the River Rother. To date, two grant 
funding bids have been submitted which would fund the feasibility study of such a scheme. The 
outcome of these two bids is expected to be around February/March 2026.  It’s worth noting that 
a scheme of this magnitude would take approximately 5 to 10 years to deliver and is subject to 
appropriate funding being made available.   

DCC  in  its  capacity  as  Lead  Local  Flood  Authority  is  wholly  reliant  on  grant  funding  from 
government agencies, to take forward and deliver any flood mitigation schemes in Derbyshire. 

DCC  will  continue  to  work  collaboratively  with  the  EA,  through  the  Derbyshire  Resilience 
Partnership  (DRP)  Flood  Group.  This  will  include  working  closely  on  local  engagement, 
encouraging  residents  to  sign  up  to  receive  flood  warnings.  The  DRP  Flood  Group  will  review 
existing flood plans and evacuation procedures for the Chesterfield area, developing these where 
necessary. 

Derbyshire County Council 24th October 2025 

CONTROLLED

Mr Matthew Kewley  
Assistant Coroner for Derby and Derbyshire 
Coroner’s Court 
Town Hall 
Rose Hill  
Chesterfield 
Derbyshire 
S40 1LP 

Dear Mr Kewley 

29 October 2025 

Environment Agency Response to a Report to Prevent Future Deaths under Regulation 28, 
Coroners (Investigations) Regulations 2013, dated 8 September 2025, following the fatality 
of Maureen Gilbert at Tapton Terrace, Chesterfield 

On behalf of the Environment Agency, I would like to send our sincere condolences to the family 
of Mrs Gilbert.  

You reported the following matter of concern at the conclusion of the inquest, as set out in the 
Regulation 28 Report – 

“Following the flood damage to Tapton Terrace in 2007, the Environment Agency’s pre-feasibility 
study  identified  a  number  of  technically  feasible  options  that  would  reduce  the  flood  risk  at 
Tapton  Terrace.  None  of  these  measures  were  implemented  principally  due  to  cost  reasons. 
When Storm Babet hit in October 2023, Tapton Terrace remained in the same position that it was 
in back in 2007. Due to the ongoing lack of flood defences, Tapton Terrace remains vulnerable to 
flooding. I am concerned that this gives rise to a risk to life, particularly in respect of residents 
who may be elderly, vulnerable or immobile.” 

The  Environment  Agency’s  response  is  as  follows,  setting  out  the  details  of  action  taken  or 
proposed to be taken, and likely timescales. 

Provision of Flood Defences at Tapton Terrace 

The Environment Agency has powers contained in the Water Resources Act 1991 to build and 
deliver flood risk management schemes across England. In terms of flood risk, all flood defences 
constructed  have  a  residual  risk  of  being  overtopped.  Building  flood  defences  reduces  and 
minimises the risk of flooding to communities but defences are not able to eliminate that risk or 
a risk to life.  

The  Tapton  Terrace  Pre-Feasibility  Study  from  April  2008  recommended  that  the  proposed 
storage areas on the River Hipper and at the Avenue were taken forward to feasibility stage or 
beyond. The Pre-Feasibility Study confirmed that there were no affordable options to deliver flood 
defences at Tapton Terrace. Based upon the existing appraisal and funding rules that must be 
followed,  together  with  the  huge  increase  in  construction  costs  in  recent  years,  the  options 
remain unaffordable. 

Chief Executive’s Office, Environment Agency, Seacole Block, 2 Marsham Street, London SW1P 4DF 
chief.executive@environment-agency.gov.uk  

https://www.gov.uk/environment-agency 

 
 
 
 
 
 
 However, from April 2026 we anticipate that revised appraisal and funding rules will be brought 
into effect that might result in a different outcome at pre-feasibility stage. Therefore, we propose 
to  undertake  a  further  study  (now  referred  to  as  Strategic  Outline  Case)  to  reassess  the 
technically feasible, environmentally acceptable, and cost beneficial flood defence options at 
Tapton Terrace under the new rules when in force. The study will involve carrying out updated 
modelling and appraisal work. We are of course unable to predict the outcome of the study or 
guarantee that this will result in a feasible and affordable flood defence scheme being delivered 
at Tapton Terrace, however we will commence the process of undertaking the study in 2026. 

Whilst no flood defences were delivered at Tapton Terrace following the 2007 floods, the Avenue 
Flood Balancing Reservoir, 4km upstream, was delivered as a flood risk management scheme by 
Homes England, in partnership with the Environment Agency and brought into operation in 2018. 
As explained in 
 evidence at the inquest, the reservoir operated to capacity during 
Storm  Babet.  Without  this  substantial  storage  capacity,  Tapton  Terrace  would  have  flooded 
much  earlier,  with higher  flows in the  River  Rother coinciding more  closely with the peak flow 
from the River Hipper.  

We are continuing to work with flood risk partners such as Derbyshire County Council to develop 
other flood alleviation schemes, including further natural flood management and storage within 
the River Rother catchment upstream of Tapton Terrace. Such an approach is consistent with the 
Agency’s Catchment Flood Management Plan for Chesterfield. 

We are currently leading the appraisal of the River Hipper Flood Alleviation Scheme. The scheme 
would contribute to a further reduction in flood risk to the community at Tapton Terrace through 
the storage of flood waters upstream, thereby reducing peak flows.     

At this stage we are unable to quantify the reduction in flood risk that each project might provide 
to  Tapton  Terrace,  as  the  modelling  work  for  each  project  has  yet  to  be  started.  We  will  take 
action, where indicated, in accordance with our responsibilities, but schemes would need to be 
feasible and affordable in order to be delivered.   

Channel Conveyance Improvements 

Improving  the  capacity  of  a  river  channel  can  help  to  reduce  flood  risk  by  improving  channel 
conveyance. Improvements can include raising the height of, or removing, constraints such as 
bridges. Improvements can also include maintenance activities such as dredging and vegetation 
management. Before being carried out, the Agency would consider any downstream impacts that 
might arise so that flood risk is not increased downstream, as well an assessment of their overall 
sustainability.  

As you know from the evidence we presented, the Agency carried out river channel surveys in 
2024 following Storm Babet in order to compare the river channel against earlier surveys carried 
out in 2011. The 2024 surveys demonstrated that the profile of the river channel has remained 
static with negligible changes over the period since 2011. Based upon this evidence, we remain 
of the view that dredging  the river  channel  at Tapton  Terrace would  not provide any  flood risk 
benefit to the community. If there is a more significant increase in the level of the riverbed or other 
significant changes in profile in the future, then the Agency would work with riparian owners to 
assess whether dredging works would be possible and take action where necessary. 

We will continue to carry out winter maintenance walkovers of the river channel at Tapton Terrace 
to check the need for vegetation management as part of our ongoing risk management of main 
river channels and take action accordingly. 

Chief Executive’s Office, Environment Agency, Seacole Block, 2 Marsham Street, London SW1P 4DF 
chief.executive@environment-agency.gov.uk  

https://www.gov.uk/environment-agency  

 
 
 
 We are working with Derbyshire County Council to support them with their investigations into the 
removal of the Crow Lane Bridge, which is a County Council adopted highway asset. In 2026, we 
will include updated modelling work as part of the study to be prepared by the County Council in 
order to assist their technical understanding of the flood risk benefits of removing the bridge. As 
noted in the Pre-Feasibility Study in 2008, removal of the bridge may provide some limited benefit 
to the area immediately upstream of Tapton Terrace itself. 

Flood Warnings and Improving Resilience 

As you are aware, the Environment Agency has a statutory responsibility to manage the risk of 
flooding from main rivers, reservoirs, estuaries, and the sea. Part of our response to these risks 
is the national Flood Warning Service. This provides communities and our flood risk partners with 
advanced warning of flooding. It is important that those at risk of flooding are signed up to our 
Flood Warning Service so they can act appropriately. Our Flood Warning Service includes a Flood 
Warning at Tapton Terrace where the circumstances arise, and currently 20 of the 26 properties 
at Tapton Terrace are signed up to receive that warning. 

After flood events we validate the accuracy of our flood warnings and make improvements where 
necessary. Over time we also improve our IT systems that provide the warnings and improve our 
flood  forecasting  models  that  predict  the  timing  and  extent  of  flooding.  In  response  to  the 
increasing challenges posed by future flood risks we have replaced our existing ‘Sign up for flood 
warnings’ service on GOV.UK with a more advanced, user-focused, and resilient service. 

The  improved ‘Get  flood  warnings’ service  continues  to  provide  timely  and  accurate  flood 
warning messages  to  those  at  risk,  using modern  technology  to  better  meet  the  needs  of the 
public, businesses, organisations, and emergency responders, ensuring improved accessibility, 
reliability,  and  responsiveness  during  flood  events.  The  new  ‘Get  flood  warnings’  service 
launched on 21 October 2025. 

We  are  an  important  member  of  the  Floods  Resilience  Taskforce  which  has  been  set  up  to 
improve our preparedness for, and resilience to, all types of flooding affecting people, homes, 
and businesses. The Floods Resilience Taskforce brings together experts and decision makers 
from across UK Government, non-governmental bodies, and industry organisations at local and 
national  level.  It  includes  stakeholders  that  are  involved  in  all  stages  of  flooding  resilience, 
including preparedness, response, and recovery. 

The Agency will continue to take action to improve our systems and processes in order to provide 
the  best  Flood  Warning  Service  that  we  can,  which  includes  working  with  communities  to 
improve sign-up rates. We will continue to work with national experts and decision makers to 
improve  flood  resilience  and  to  create  climate  resilience  in  line  with  our  national  flood  and 
coastal erosion risk management strategy.  

Compulsory Purchase  

Compulsory  purchase  is  a  legal  function  that  allows  certain  public  bodies  to  acquire  land  or 
rights  over  land  for  a  specific  purpose,  if  the  landowner  is  not  willing  to  sell  by  agreement. 
Conceivably, the appropriate public body could seek to compulsory purchase all the properties 
at Tapton Terrace in order to eliminate the risk to life from flooding at this location. The purchase 
of the properties would be carried out through a Compulsory Purchase Order. The Environment 
Agency has compulsory purchase powers, but these can only be used as part of the delivery of a 
flood risk management scheme, for example where a flood defence needs to be built in the same 
location of an existing property. As there is currently no feasible flood scheme at Tapton Terrace 
requiring  the  removal  of  the  houses,  we  would  not  be  able  to  use  our  compulsory  purchase 
powers in this instance. Therefore we are unable to take action to that extent in relation to Tapton 
Terrace. 

Chief Executive’s Office, Environment Agency, Seacole Block, 2 Marsham Street, London SW1P 4DF 
chief.executive@environment-agency.gov.uk  

https://www.gov.uk/environment-agency  

 
 
 We hope that this information addresses the concern that you have raised. Please let us know if 
there is anything further that you require in response to your report. We are dedicated to working 
with our partners and communities to strengthen resilience to flooding in response to the growing 
challenges posed by climate change. 

Yours sincerely 

Chief Executive, Environment Agency 

Chief Executive’s Office, Environment Agency, Seacole Block, 2 Marsham Street, London SW1P 4DF 
chief.executive@environment-agency.gov.uk  

https://www.gov.uk/environment-agency