SuDs Update 17.04.2023
Key Points
Developments of single building or permitted development below 100m2 are exempt
Developments not except will have to adopt a SuDs design and strategy
SuDs installations will have to be adopted by the Local Water Authority
SuDs systems will have to be approved by the Local Water Authority
SuDs systems will have to be constructed to an adoptable standard
Update Summary
Following a review, it has been recommended that Schedule 3 of the Act be commenced in England, subject to final decisions on scope, threshold, and process once a full regulatory impact assessment has been consulted on. The SuDS Approval Body (SAB) will sit within the Local authority or, if there is not one for the area, then it will sit within the county council.
The revisions to the Flood and Water Management Act will likely have an impact on the construction industry, particularly on new developments. The requirement for sustainable drainage systems (SuDS) to be implemented on new developments will increase costs and may require changes to site layouts and designs. Developers will need to factor in the cost of installing and maintaining SuDS when considering the viability of new projects. Additionally, the need for drainage approval and adoption may also affect the development process and timelines. However, it is important to note that the revisions aim to improve flood management and reduce the risk of flooding, which could have long-term benefits for the construction industry and wider society.
Not all SuDS systems are proposed to be adopted. The Schedule 3 of the Flood and Water Management Act 2010 requires that new developments in England and Wales manage surface water run-off through sustainable drainage systems, but it does not require the adoption of all types of SuDS systems. There are certain exemptions to the duty to adopt a drainage system, and the exact exemptions will be agreed during policy development and consulted on. The review did not conclude exactly which exemptions will be taken forward as further work with relevant parties is required. The following were confirmed to be exempt, single buildings under 100 square metres, and permitted development under 100 square metres will not require approval.