Last edited 19 Nov 2015

SuDS consultation

On 18 December 2014, the government published their response to the consultation on sustainable urban drainage systems (SuDS).

This made clear that from April 6 2015, planning authorities will be given authority for approving SuDS, and not SuDS Approval Bodies (SABs) as had previously been suggested.

Local planning policies and decisions on planning applications will be expected to ensure that sustainable drainage systems for the management of run-off are put in place, unless they can be demonstrated to be inappropriate. However, a threshold of 10 dwellings or more; or equivalent non-residential or mixed development (as set out in Article 2(1) of the Town and Country Planning (Development Management Procedure) (England) Order 2010) will apply. This has been criticised for leaving nine out of 10 developments at risk of flooding.

The requirement set out in the National Planning Policy Framework (NPPF) that all new developments in areas at risk of flooding should give priority to the use of sustainable drainage systems will continue to apply.

Local planning authorities must consult the relevant lead local flood authority when considering proposals, and can use planning conditions or planning obligations to ensure there are clear arrangements in place for ongoing maintenance.

The Department for Communities and Local Government has also consulted on a proposal to make lead local flood authorities a statutory consultee on planning applications for surface water management, and to make changes to the statutory consultee role of the Environment Agency. See Planning application process: statutory consultee arrangements. This consultation closed on 29 January 2015.