What is the National Planning Policy Framework?
The National Planning Policy Framework (NPPF) sets out the Government’s planning policies for England and how these should be applied. It provides a framework within which locally-prepared plans can provide for housing and other development in a sustainable manner. Preparing and maintaining up-to-date plans should be seen as a priority in meeting this objective. The previous edition was published in December 2023 and this latest version replaces this.
What are the latest changes for water management?
The NPPF was updated on 12 December 2024 and the updated document contains several changes which affect flood risk and surface water drainage planning policy that will have implications for the approach to the Sequential Test and implementation of Sustainable Drainage Systems (‘SuDS’).
What is the Sequential Test?
The aim of the Sequential Test is to ensure that a sequential, risk-based approach is followed to steer new development to areas with the lowest risk of flooding, taking all sources of flood risk and climate change into account. Where it is not possible to locate development in the lowest risk areas, the Sequential Test should go on to compare reasonably available sites.
Change 1: Refinements to the Sequential Test remove some barriers to development
The Sequential Test and its references to ‘any form of flooding’ has been retained and refined.
The Sequential Test is predominately a land planning exercise to steer new development to areas with the lowest risk of flooding from any source. The wording associated with ‘reasonably available sites appropriate for the proposed development’ and reference to the ‘strategic flood risk assessment’ is retained and would be the starting point for a sequential sites assessment.
However, paragraph 175 now introduces an exception that would allow the Sequential Test to be satisfied (rather than failed) if a ‘site-specific flood risk assessment demonstrates that no built development within the site boundary, including access or escape routes, land raising or other potentially vulnerable elements, would be located on an area that would be at risk of flooding from any source, now and in the future (having regard to potential changes in flood risk).’
In practice this gives greater onus on the Applicant to undertake detailed assessment to inform their site layouts to avoid areas at risk of flooding. In theory this should reduce the effect of the Sequential Test being a barrier to development while still retaining its intended purpose to avoid inappropriate built development in flood risk areas and provides flexibility for use of flood risk areas as Public Open Space within the wider site boundary.
What are SuDS?
SuDS stands for Sustainable Drainage Systems and according to susdrain: “SuDS (or Sustainable Drainage Systems) are an approach to managing rainfall in development that replicates natural drainage. Where possible managing rainfall close to where it falls and on, or near the surface.” Susdrain also explains that “SuDS help to manage flood risk and water quality and also improve biodiversity and amenity as well as a host of other benefits to create great places to live, work and play.”
For more information, see our full article on SuDS here.
Change 2: Implementation of SuDS
The wording of paragraph 182 has been refined to expand the use of SuDS for ‘applications which could affect drainage on or around the site’. There is still an acceptance about the need for a ‘proportionate’ solution and the more onerous requirements (points a-c) still only relate to ‘major developments’. The wording associated with ‘proposed minimum operational standards’ still leaves open the possibility of revised national standards which have previously been consulted on and could be introduced if/when Schedule 3 of the Flood and Water Management Act 2010 is implemented.
Conclusion
We will continue to monitor industry changes and any further changes with the NPPF or planning practice guidance. PFA Consulting is here to help assess the flood risk to your development site, navigate the requirements of the sequential test and devise appropriate surface water drainage strategies. Please get in touch:
- Telephone: 01793 828000
- General Email: enquiries@pfaplc.com