The Government has said it expects all new all developments of 10 homes or more and major commercial development to incorporate sustainable drainage systems for the management of surface water run-off, together with effective maintenance arrangements.

The commitment to SuDS forms part of the Government’s response to a recent consultation by the Department for Environment, Food and Rural Affairs on a proposal to make better use of the planning system to secure sustainable drainage systems. The consultation had sought views and evidence from a wide range of partners on an alternative approach to the one envisaged in the Flood and Water Management Act 2010, specifically to deliver sustainable drainage systems through changes to the current planning system. 

The formal Government response sets out how it will be strengthening existing planning policy and makes clear that the government’s expectation is that sustainable drainage systems will be provided in new developments wherever this is appropriate. 

The response says:

”It was …satisfying to see recognition from respondents of the strength of a single consenting regime for the delivery of sustainable drainage systems. Concerns raised about the capacity and technical expertise of local planning authorities are, however, appreciated, and the Government proposes to address these concerns via a capacitybuilding programme and by consulting on making Lead Local Flood Authorities statutory consultees in planning, for surface water management."

"The Government also agrees with respondents that long-term maintenance must be guaranteed. It will be the responsibility of local planning authorities to impose effective planning conditions that require effective maintenance arrangements to be put in place.”

Local planning policies and decisions on planning applications relating to major development - developments of 10 dwellings or more; or equivalent non-residential or mixed development will now have to ensure that sustainable drainage systems for the management of run-off are put in place, unless demonstrated to be inappropriate.

Under the arrangements, in considering planning applications, local planning authorities will need to:

• consult the relevant lead local flood authority on the management of surface water;
•  satisfy themselves that the proposed minimum standards of operation are appropriate and ensure through the use of planning conditions or planning obligations that there are clear arrangements in place for ongoing maintenance over the lifetime of the development
• satisfy themselves that the sustainable drainage system should be designed to ensure that the maintenance and operation requirements are economically proportionate.

Developer payments for SuDS maintenance must not be the default option

Commenting on provisions for the long-term maintenance of SuDS, the response says:

"The Department for Environment, Food and Rural Affairs commissioned independent research, which has found that maintenance costs on average are no higher than the average charge for conventional piped surface water drainage. In addition, informal and limited discussions with developers and their service managing agents revealed that the actual figures for maintenance of some sustainable drainage systems within managed open spaces can be much, much lower (a typical example was circa £6 per property per annum).....

For the success of sustainable drainage systems, long-term maintenance arrangements need to be assured; developers will have responsibility for ensuring such arrangements are secured as a requirement of their planning conditions. Commuted sums paid by developers for maintenance of sustainable drainage must not be the default option; they do not provide a long term solution and we would expect this route to be appropriate only in a limited number of cases."

"Where local authorities opt to take on the long term responsibility, we would expect them to use their existing powers to charge for maintenance at cost recovery only. Where water companies take on responsibility for maintenance, the sustainable drainage system could be included either within their ordinary charging scheme or outside this scheme were the water company to offer its services as a Service Management Company."

The Government said it has given local government authorities the tools necessary to enforce the conditions they attach to planning permissions and local government would reasonably be expected to use those tools to ensure that sustainable drainage systems are effectively maintained long-term.

Changes take effect in April 2015 - and will be kept under review

The Government said it will keep the new planning approach for SuDS under review, and consider the need to make adjustments where necessary. The current requirement in national policy that all new developments in areas at risk of flooding should give priority to the use of sustainable drainage systems will continue to apply.

The changes will take effect from 6 April 2015. The Government response said that for avoidance of doubt the new policy should be read in conjunction with the policies in the National Planning Policy Framework and also be taken into account in the preparation of local and neighbourhood plans, and may be a material consideration in planning decisions.

 The Government now plans to publish revised planning guidance in time for the policy changes to take effect, and engage with local government on a capacity building programme to support local authorities in implementing the changes.

New consultation on plan to make flood authorities statutory consultees in planning applications 

Announcing the changes, Eric Pickles, Secretary of State for Communities and Local Government also set out details of a new consultation on a proposal to make lead local flood authorities a statutory consultee on planning applications for surface water management. The consultation also addresses proposed changes to the statutory consultee role of the Environment Agency to better reflect the Agency’s strategic expertise and reflect the new responsibilities for local flood management exercised by lead local flood authorities.

Deadline for responses to the consultation is 29th January 2015.

Click here to access the consultation online

Click here to access the Government response document