The Government’s own independent adviser on climate change, the Committee on Climate Change Adaptation, is warning that the current proposals to changes to the planning system in promoting sustainable drainage systems (SuDS) risk the introduction of an ineffectual policy in their present format.

In a  letter to the Rt Hon. Elizabeth Truss MP, Defra Secretary of State, Lord Krebs, Chairman of the Adaptation Sub-Committee has said that further steps are necessary to make sure the proposed changes to the planning system are successful in promoting sustainable drainage systems (SuDS).

Lord Krebs says that the Committee remains of the view that the proposed approach does not address existing barriers to the deployment of SuDS and will therefore fail to deliver the required increase in uptake.

The letter goes on to propose three suggestions to improve the chances of the new approach being successful.

Withdraw the automatic right to connect to new development to public sewers

Currently developers retain the automatic right to connect to new homes to public sewers regardless of their capacity – six years after the Pitt Review recommended it be removed. Whilst this right remains developers are likely to want to exercise it. Removing the right, or making it qualified or conditional, will be important to tip the balance in favour of more sustainable approaches.

Make Lead Local Flood Authorities and water companies statutory consultees

The Committee supports in principle the proposal that LLFAs become statutory consultees on new developments in relation to surface water management. This should provide planning officers with the technical advice they need to properly scrutinise applications from a surface water persepective, assuming LLFAs wil be appropriately funded for this role. However, it is arguably as important to ensure that water and wastewater companies are consulted on applications where surface water may be an issue.

Lord Krebs says the committee understands that Defra plan is to amend planning guidance to recommend that that the local planning authorities simply invite the water companies to comment. The Committee says there may be a case for this to be strengthened so the water companies have a duty to consider the drainage implications of new developments.

Collect the data need to monitor and evaluate the policy

At present there is no ongoing monitoring of the uptake of SuDS in new developments- which will make it difficult to test whether Defra’s proposal is having the desired impact.

The Committee says that alongside the introduction of the new regime in April Defra should set out how the uptake of SuDS will be assessed and how additional steps would be taken if deployment remains low. This should include monitoring the uptake and types of SuDS being incorporated into both major and minor developments.

In the Committee's viewit will also be important to monitor the effectiveness of SuDS in managing run-off and to assess the proportion of surface water which is being managed through the SuDS scheme. This would enable Defra to consider its decision to exempt monitor development if evidence suggests this is necessary.

The Committee is warning that without these measures there is a risk that an ineffectual policy is introduced without the ability to detect its impact, nor sufficient evidence to justify a stronger intervention should this be required