Source · Select Committees · Environmental Audit Committee
Recommendation 26
26
Rejected
Commence Schedule 3 of Act, making Sustainable Drainage Systems mandatory in new developments.
Recommendation
Despite repeated pledges by successive governments, Schedule 3 of the Flood and Water Management Act 2010 has still not been brought into force in England, leaving Sustainable Drainage Systems (SuDS) optional in new developments and missing a critical opportunity to embed resilience from the outset. The Government should now commence Schedule 3 in England without further delay, making SuDS mandatory in all new developments. (Recommendation, Paragraph 90) 64 Supporting people, places and preparedness
Government Response Summary
The government rejects commencing Schedule 3 of the Flood and Water Management Act 2010, stating that improved SuDS delivery could be achieved by building on current planning policy and exploring options for adoption and maintenance instead. It intends to consult on national planning policy and legislative options related to SuDS in due course.
Government Response
Rejected
HM Government
Rejected
The government remains committed to strengthening the delivery of Sustainable Drainage Systems (SuDS) and is exploring further measures to enhance support for their implementation. The FloodReady report, published in October 2025, highlights gaps and opportunities to grow the property flood resilience market and emphasises the vital role SuDS play in flood resilience. SuDS help increase the resilience of people and properties to flooding by reducing water runoff and mitigating the impacts of increases in impermeable surfaces at property level. A key recommendation from the report is for government and local authorities to explore effective ways to encourage existing property owners and new-build developers to capture and retain rainwater on-site. Improved delivery of SuDS could be achieved by building on the current planning policy approach and exploring options to strengthen adoption and maintenance, rather than implementing Schedule 3 of the Flood and Water Management Act (2010). The government will decide on which course of action to pursue in due course. The government intends to consult on national planning policy related to decision making, including policies on flood risk and SuDS. The government recognises the importance of long-term maintenance and adoption of SuDS. The government will be consulting on legislative and policy options to reduce the prevalence of unadopted estates, including for SuDS. In June, the government introduced new national standards requiring SuDS to be designed for changing climatic conditions while delivering broader water infrastructure benefits, such as flood prevention, storm overflow reduction, water reuse opportunities, reduced runoff, and improved water quality, amenity, and biodiversity.