Sustainable drainage systems and the planning process
The Secretary of State for Communities and Local Government delivered a written ministerial statement on the implementation of sustainable drainage systems (SuDS) in parliament on 18 December 2014. The statement made changes to the National Planning Policy Framework (NPPF) which in turn made SuDS a material consideration in the determination of planning applications for major developments. These changes came into effect on 6 April 2015.
Alongside the changes to NPPF the Town and County Planning (Development Management procedure) (England) Order was amended making Lancashire County Council, in its role as Lead Local Flood Authority (LLFA), a statutory consultee in the planning process for major development proposals which have surface water implications, starting from 15 April 2015.
Consequently, developers need to provide SuDS on major developments where appropriate, while paying due regard to the following:
- National Planning Policy Framework
- Written statement on sustainable drainage systems (HCWS161)
- Planning practice guidance
- Non-statutory technical standards for sustainable drainage systems
- District local plan policies (please visit individual district councils)
A 'major' planning application is defined in Part 1(2) of The Town and Country Planning (Development Management Procedure) (England) Order 2015.
“Major development” means development involving one or more of the following:
- Residential - 10+ dwellings / 0.5Ha and over
- Office/light industrial - 1000+ sq m/ 1+ hectare
- General industrial - 1000+ sq m/ 1+ hectare
- Retail - 1000+ sq m/ 1+ hectare
- Gypsy/traveller site - 10+ pitches
- Minerals development - The winning and working of minerals or the use of land for mineral-working deposits
- Waste development
The >0.5ha relates to the size of the ‘red line area/red edge plan’ on the submitted planning application.
Lancashire County Council encourages prospective developers to first contact the local planning authority to determine whether your development proposal is acceptable in principle and on a planning policy basis.
Lancashire County Council now offers a bespoke site-specific pre-application service. There is a charge for this service but a developer will not only receive advice on their development proposals but will receive important advice on any Land Drainage Consents that may be required.
Planning permission does not automatically give a developer consent for works affecting an ordinary watercourse or any other proposals requiring consent.
Includes guidance notes, terms of conditions, application form and the scale of charges.
Flood Risk Management Team
Lancashire County Council
Tel: 0300 123 6780