The Department for Environment, Food and Rural Affairs (DEFRA) is presently consulting on proposals to implement requirements for sustainable drainage systems (“SuDS”) in new and redeveloped sites in England. By reducing the rate and volume of surface runoff from developments, SuDS are recognised as devices to alleviate local flood risk, mitigate pollution and reduce extra load on public sewers. Given the increasing uncertainty in respect of insurance relating to flood risk in particular areas, the proposals should be of interest to developers, investors and insurers alike. The present intent, subject to consultation, is to introduce the changes from 1 October 2012.
The proposals stem from the Flood and Water Management Act 2010 (the “Act”) which requires construction work with drainage implications to have drainage systems for managing surface runoff (including rainwater, snow and other precipitation) approved before construction may begin. A SuDS Approving Body (“SAB”) will be established to approve and adopt SuDS. “Construction work” is defined broadly as “the creation of buildings or structures that cover land and which will affect the ability of the land to absorb rainwater”.
The Act requires National Standards on the design, construction, operation and maintenance of SuDS. The SAB must ensure that the SuDS have been designed in accordance with the National Standards but once approved the SAB must adopt and maintain those SuDS which function properly and serve more than one property. Importantly, the Act amends existing law so that the right to connect surface runoff to public sewers is conditional upon the drainage system being approved by the SAB. The Welsh Government will be consulting separately about similar implementation of the Act in Wales.
The consultation, which expires on 13 March 2012, asks for views on the National Standards and draft statutory instruments including those for the approval and adoption of SuDS and appeals. DEFRA has also announced that it is developing guidance to support the National Standards which is expected in draft form in April 2012. Responses may be completed online, by post or via email to [email protected]. Please click here for copies of the consultation documents.
Stakeholders should actively respond to the consultation but also factor the proposals into any strategic project planning. Key aspects of the consultation can be found in the full article. Please click here to view the full article.
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