A written ministerial statement on 18 December from Eric Pickles, secretary of state at the Department for Communities and Local Government, has confirmed that the government intends to introduce sustainable urban drainage systems via conditions in planning approvals, rather than legislation.
From 6 April 2015, the DCLG says that planning authorities will be expected to ensure that SUDS systems are put in place via decisions on planning applications.
The DCLG’s new approach, signalled in a consultation process last autumn, backtracks on the original plan to implement Schedule 3 of the Flood Water Management Act 2010, and means there will no longer be a requirement for local authorities to set up SABs – SUDS Approving Bodies.
"Rather than making SUDS absolutely mandatory, the are shifting to making SUDs a feature of planning decisions."
Chris Hodson, architect and consultant to the Interpave trade association,
The statement also clarifies that the SUDS solutions will be an expectation on all “major” schemes, defined as housing developments over 10 units, and on commercial schemes of an equivalent size.
However, SUDS will not be a requirement on any scheme falling below that threshold.
The statement also says that the DCLG will issue revised planning guidance in time for the new policy changes to take effect, and will “engage with local government on a capacity building programme”.
Chris Hodson, an architect and consultant to the Interpave trade association, told CM: “Rather than making SUDS absolutely mandatory, the are shifting to making SUDs a feature of planning decisions.
“It will be a planning issue, so SABs won’t exist specifically, and local authority flood experts will have to deal with it, but they’re not necessarily drainage experts. There is still a lot of debate over whether the local authorities have the right expertise to assess applications, and monitor and assess what’s built in the long term.”
“There are also some concerns around planning conditions not being enforceable, so we’re all waiting for the guidance from the DCLG.”
