Defra review backs implementation of decade-old Act's mandate for sustainable drainage

Over a decade on from the passage of the Flood and Water Management Act in 2010, a Defra review of sustainable drainage systems (SUDS) has recommended Schedule 3 be implemented.

Implementation would make SUDS mandatory in new developments, reducing the risk of surface water flooding and pollution and helping alleviate the pressures on traditional drain and sewer systems.

Specifically, Schedule 3 provides a framework for the approval and adoption of drainage systems; a sustainable drainage system approving body within unitary and county councils; and national standards on the design, construction, operation and maintenance of sustainable drainage systems for the lifetime of the development. It also makes the right to connect surface water runoff to public sewers conditional upon the drainage system being approved before any construction work can start.

Defra said: "Government will now give consideration to how Schedule 3 will be implemented, subject to final decisions on scope, threshold and process, while also being mindful of the cumulative impact of new regulatory burdens on the development sector.” This will include a public consultation on the impact assessment, national standards and statutory instruments. Implementation is expected in 2024.

The Wildlife and Countryside Link coalition welcomed the announcement as “a win for people and nature”. It cautioned, though that implementation will be key. Tom Ash, policy and advocacy officer at Wildfowl & Wetlands Trust, said: “Making the most of this new requirement will need efforts from across the sector to ensure implementation delivers benefits for wildlife and people.

“This means pushing for strong standards for high quality SuDS that ensure they provide benefits for wellbeing and biodiversity, and opportunities for communities to connect with nature, alongside managing water. In particular, natural, above-ground SuDS [such as soakaways, grassed areas, permeable surfaces and wetlands] will need to be the default standard, rather than below ground SuDS, such as storage tanks, which provide no benefits beyond water retention during high rainfall.

“Furthermore, the SuDS Approval Bodies which will sign off on SuDS for new developments and will sit within Lead Local Flood Authorities will need to be properly resourced to analyse SuDS plans and ensure the maintenance of SuDS’ multiple benefits.”

A spokesperson for Water UK said: “This is a welcome step forward and something the industry has been pushing government to implement for some time. However, this is only one of several vital policy changes recommended by the Government’s Storm Overflows Taskforce to accelerate the improvement of overflows. Alongside the £56 billion of new investment from water companies, Government must implement all of the taskforce’s recommendations if we are to truly transform the health of our water environment.”