Q&As

Would planning permission be required for a sustainable drainage system and is there a mechanism for deciding who would have the ongoing maintenance requirements, in the absence of Schedule 3 to the Flood and Water Management Act 2010 being brought into force in England?

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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys
Published on LexisPSL on 31/01/2019

The following Planning Q&A produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys provides comprehensive and up to date legal information covering:

  • Would planning permission be required for a sustainable drainage system and is there a mechanism for deciding who would have the ongoing maintenance requirements, in the absence of Schedule 3 to the Flood and Water Management Act 2010 being brought into force in England?

Would planning permission be required for a sustainable drainage system and is there a mechanism for deciding who would have the ongoing maintenance requirements, in the absence of Schedule 3 to the Flood and Water Management Act 2010 being brought into force in England?

Sustainable drainage systems (SuDs) are alternatives to traditional piped drainage, which seek to manage water run-off and flood risk, often through natural soakaways. For further information about SuDs, see Practice Note: Sustainable drainage systems (SuDS).

The Flood and Water Management Act 2010 (FWMA 2010) was enacted, inter alia, to provide a statutory framework for SuDs to be adopted by county councils or unitary authorities, however this framework (contained within FWMA 2010, Sch 3) has never been brought into force in England. It was confirmed by the government by way of a written ministerial statement on 18 December 2014 that it is not intended to

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