Recommendation 63

HM Government Not Addressed

The National Planning Policy Framework (NPPF) already makes clear that major developments should incorporate sustainable drainage systems, unless there is clear evidence that this would be inappropriate. The NPPF further specifies that development should only be allowed in areas at risk of flooding where it can be demonstrated that it incorporates sustainable urban drainage systems (SuDS), unless there is clear evidence that this would be inappropriate. As permitted development rights predominantly provide for small scale developments, such as householder extensions, or the change of use of existing buildings it would be inappropriate to mandate SuDS as part of a national grant of planning consent. Permitted development rights already require that hard surfaces be made of porous materials or lead off to either a porous or permeable surface. A number of permitted development rights are subject to prior approval by the local planning authority in respect of flooding. These prior approvals for flooding also require consultation with the Environment Agency. As set out at paragraph 167 and 168 of the NPPF, relevant prior approval applications in areas at risk of flooding should meet the requirements for site- specific flood risk assessments and, if appropriate, the development should incorporate sustainable drainage systems. We will ensure that the Planning Practice Guidance reflects the position on the use of porous or permeable surfaces and prior approval requirement in relation to flood risk where relevant. We are currently reviewing the case for implementing Schedule 3 of the Flood and Water Management Act 2010 and will consider the potential for further sustainable drainage policy depending on the latest evidence and the review’s findings.