Policy documents
This section collates a number of policy and regulatory documents relevant to the delivery of sustainable drainage. If you're aware of other documents that should be included please contact Louise .
The policy and regulatory documents are broken down into jurisdictions:
United Kingdom
Neighbourhood planning 2012
Neighbourhood planning is a new right for communities introduced through the Localism Act 2011.
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Localism Act 2011
The Localism Act was enforced to shift power from central government back into the hands of individuals, communities and councils.
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Natural Environment White Paper 2011
The Natural Environment White Paper outlines the Government’s vision for the natural environment until 2051, backed up with practical actions.
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Water White Paper 2011
Effectively called Water for Life, the Water White Paper outlines a vision for future water management.
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Code for Sustainable Homes – Setting the Standard in Sustainability for New Homes 2008
Code for Sustainable Homes is the National Standard for the sustainable design and construction of new homes and sets out the assessment process and the performance standards required for the Code.
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England and Wales
The review for implementation of Schedule 3 of the Flood and Water Management Act (2010) January 2023
Recommendations to implement Schedule 3 and include good practice SuDS within all new development in England.
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Silts and SuDS 2011
Silts and SuDS is a regulatory position statement on the deposit and dewatering of non-hazardous silts from SuDS on land.
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Environmental Permitting Regulations 2010
The EP Regulations have combined both the Pollution Prevention and Control (PPC) and Waste Management Licensing (WML) regulations.
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Flood and Water Management Act 2010
The Flood and Water Management Act provides comprehensive management of flood risk for people, homes and businesses.
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Flood Risk Regulations 2009
The Flood Risk Regulations place a duty on the EA and LLFA to prepare a number of documents including Preliminary Flood Risk Assessments, Flood hazard and risk maps, and Flood Risk Management Plans in relation to provisions set by the European Floods Directive.
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Model agreement #1 - Planning obligation incorporating SuDS provisions 2008
Model agreement based on 2008 legislation for the implementation and maintenance of SuDS either as a planning obligation under Section 106 of the Town and Country Planning Act, 1990 or as a condition attached to planning permission.
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Model agreement #2 – SuDS maintenance framework agreement 2008
Model agreement based on 2008 legislation for a legal framework that defines which body takes over and maintains the SuDS.
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Model agreement #3 – Model discharge agreement 2008
Model agreement based on 2008 legislation for owners of SuDS facilities granting sewerage undertakers rights in perpetuity to discharge, flood and maintain in default.
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Code for Sustainable Homes – Technical Guidance 2008
This technical guidance sets out the requirements for the Code for Sustainable Homes. It sets out the process by which a Code assessment is reached.
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Permitted Development Rights 2008
Household owners have the right to implement permeable paving for their front gardens without the need to apply for permission. As a result the Environment Agency provided guidance on permeable surfacing of front gardens.
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Sewers for Adoption – 6th Edition 2006
Sewer for Adoption contains detailed requirements for lateral drains and SuDS so they can be offered for adoption.
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Sustainable and Secure Building Act 2004
The Sustainable and Secure Building Act amends and improves previous legislation by introducing objectives related to sustainable development, conservation of energy and management of water in buildings.
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Building Regulations Part H 2002
Building Regulations apply in England & Wales and promote standards for most aspects of a building's construction.
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The Groundwater Regulations 1998
The Groundwater Regulations complete the implementation of the Groundwater Directive for England, Wales and Scotland. It supplements regulation 15 of the Waste Management Licensing Regulations 1994 and existing water pollution legislation.
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Environment Act 1995
The Environment Act set up the Environment Agency (EA) in England and Wales and the Scottish Environment Protection Agency (SEPA) in Scotland, to protect the environment and manage resources.
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Land Drainage Act 1994
The Land Drainage Act consolidates previous enactments relating to internal drainage boards, and to the functions of such boards and of local authorities in relation to land drainage.
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Water Industry Act 1991
The Water Industry Act consolidates previous enactments relating to the water supply and the provision of wastewater services in England and Wales.
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Water Resources Act 1991
The Water Resources Act provides regulations related to water resources, water quality & pollution, and flood defence.
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New Roads and Street Works Act 1991
The New Roads and Street Works Act provides a legislative framework for street works by undertakers (including utility companies) and works for road purposes.
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Town and Country Planning Act 1990
The Town and Country Planning Act provides a local planning authority (LPA) with the power, in certain circumstances, to take steps requiring land to be cleaned up when its condition adversely affects the amenity of the area.
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Environment Protection Act 1990
The Environment Protection Act brings in a system of integrated pollution control for the disposal of wastes to land, water and air.
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Water Act 1989
The Water Act effectively privatised ten water authorities in England and Wales, and with it the transfer of river functions to the National River Authority, which was eventually subsumed within the Environment Agency.
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Highways Act 1980
The Highways Act details the management and operation of the road networks in England and Wales.
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England
NEW! EA: Peak rainfall update to ‘Flood risk assessments: climate change allowances’
On 10th May 2022 the peak rainfall flow allowances in ‘Flood risk assessments: climate change allowances’ were updated so they reflect the latest projections in UKCP Local (2.2km) and subsequent research ‘FUTURE-DRAINAGE: Ensemble climate change rainfall estimates for sustainable drainage’
The main changes are as follows:
- Peak rainfall allowances are provided for ‘management catchments’ rather than a set of single national allowances for England.
- The 1% and the 3.3% annual exceedance probability events are covered.
- Two epochs are provided rather than three as previously – the ‘2050s’ and ‘2070s’. 2050s epoch should be used for development with a lifetime up to2060 and 2070s for development with a lifetime between 2061 to 2125 respectively.
- Central and upper end allowances are provided as previously, but there is a focus on using the central allowance for development with a lifetime to 2100 and the upper end for development with a lifetime to 2125.
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NEW! Defra: Assessment of How Strategic Surface Water Management Informs Sustainable Drainage Systems (Suds) Delivery in Developed Areas Through Spatial Planning and Development Management (WT15125) 2021
Climate change and development activity is making surface water management a growing challenge. Sustainable drainage systems (SuDS) that are incorporated into developments can provide effective drainage as well as mitigating against new flood risk and providing an opportunity to address existing flood risk. Strategic scale studies and strategies can be used to inform planning policy requirements for SuDS.
The aim was to investigate the potential that strategic (catchment or sub-catchment) surface water management can contribute to inform the delivery of Sustainable urban Drainage Systems (SuDS) through the planning system, with the objective to:
∙ Review the effectiveness of current strategic surface water management plans in defining requirements for SuDS
∙ Describe advantages/disadvantages and barriers/opportunities for using strategic surface water management plans more effectively to define local planning authority SuDS requirements
∙ Suggest how barriers might be overcome
The research identified a number of areas of improvement and presented 30 conclusions for the government to consider.
NEW! Defra: Recommendations to update the English Non-Statutory Technical Standards for SuDS (WT15122) 2021
The aim of this research project was to report whether updating the current Non-Statutory Technical Standards (NSTS) could help provide for multiple benefit sustainable drainage systems (SuDS), and if so, what those updates should be. Based on the findings from this research, recommendations have been made to replace the current standards 1 to 6 with a new suite of six standards. The new standards cover the following:
∙ Standard 1: Runoff destinations
∙ Standard 2: Everyday rainfall
∙ Standard 3: Extreme rainfall
∙ Standard 4: Water quality
∙ Standard 5: Amenity
∙ Standard 6: Biodiversity
Each standard is accompanied by a set of clarifications that provide guidelines to support the interpretation, delivery and evaluation of the standard.
English SuDS policy 2015
A DCLG Written Ministerial Statement altering the National Planning Policy Framework (NPPF) expecting SuDS to be considered where appropriate for major developments.
The NPPF Practice Guide has been updated to provide further clarification on managing flood risk and securing SuDS.
Non-statutory technical standards for the design, maintenance and operation of SuDS have been produced by Defra. Specific guidance around these non-statutory technical standards is being produced.
Defra Statement of Obligations 2012
The document describes the Government's understanding of the main environmental statutory obligations that apply in particular to water and sewerage undertakers over the Price Review period 2015-2020.
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National Planning Policy Framework (NPPF) 2012
The National Planning Policy Framework set out the Government’s planning policies for England.
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Technical Guidance to the National Planning Policy Framework 2012
The Technical Guidance to the National Planning Policy Framework ensures local planning authorities can effectively implement the planning policy.
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National Standards for Sustainable Drainage 2011
The National Standards for Sustainable Drainage presents Defra’s proposals and sought views on implementation requirements for sustainable drainage systems (SuDS) in new and redeveloped sites in England.
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Tackling Diffuse Water Pollution in England 2010
The Tackling Diffuse Water Pollution in England report examined the Environment Agency’s progression in tackling diffuse pollution.
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Flood Risk Management in England 2010
The Flood Risk Management in England report examined the progress made since 2007 in strengthening flood risk management in England.
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Future Water 2008
Future Water sets out the Government’s plans for water in the future as well as the practical steps that need to be taken to ensure that good clean water is available for people, businesses and nature.
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Pitt Review 2007
The Pitt Review is an independent review of the flooding emergency that took place in June and July 2007.
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Wales
Recommended non-statutory standards for sustainable drainage in Wales 2016
The Welsh government has published standards and guidance for SuDS serving new developments in Wales.
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Planning Policy Wales – 4th Edition 2011
Planning Policy Wales provides a framework for the effective preparation of the local planning authorities’ development plans and sets out land use planning.
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The Wales Spatial Plan 2008
The Wales Spatial Plan is the overarching framework and integration tool for Wales.
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Tan 15: Development and Flood Risk 2004
Technical Advice Note (TAN) 15 provides technical guidance which supplements the policy set out in Planning Policy Wales in relation to development and flooding.
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Tan5: Nature conservation and planning 2004
Technical Advice Note (TAN) 5 provides technical guidance which supplements the policy set out in Planning Policy Wales in relation to nature conservation and planning.
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Scotland
NEW! SEPA: Climate change allowances for flood risk assessment in land use planning 2022
SEPA’s new guidance sets out recommended allowances for climate change that can be used for flood risk assessment. It replaces Version 1 of the guidance published in 2019.
This guidance allows planning authorities in Scotland to underpin their land use planning decisions with the best evidence available. It will be updated to take on board feedback from users and as the evidence on climate science evolves.
The update can be viewed here
https://www.sepa.org.uk/media/594168/climate-change-guidance.pdf
Considering climate change adaptation in land use planning is essential: an early understanding of potential future impacts reduces risk associated with long term investment decisions. This guidance should therefore be of particular interest to planning authorities in considering the implications of flood risk in planning decisions.
National planning policy promotes a precautionary approach to flood risk, taking account of the predicted effects of climate change. This guidance helps planning authorities and others involved in the assessment of flood risk implement this approach.
It should be noted that reference is made in the update to the possibility of using the peak rainfall allowances for the design of surface water management infrastructure.
The 2021 FUTURE-DRAINAGE project provides the most recent analysis of predicted increase inrainfall intensity due to climate change, based upon the UK Climate Projections 2018 (UKCP18).
Water resilient places - surface water management and blue-green infrastructure policy framework 2021
This paper outlines how surface water is currently managed in Scotland, sets out a vision for the future and describes the components that should be brought together to form a coherent framework that will support delivery of water resilient places.
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SEPA Regulatory Method 2019
The SEPA Regulatory Method (WAT-RM-08) for Sustainable Urban Drainage Systems provides guidance on the regulation of surface water discharges from built developments including construction sites, buildings, roads and yards.
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Sewers for Scotland – 4th edition 2018
Sewers for Scotland is a design and construction guide aimed at all developers and consultants who plan to undertake developments of any size in Scotland.
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Water assessment and drainage assement guide 2016
Document produced by the Sustainable Urban Drainage Scottish Working Part (SUDSWP) to provide advice on water supply and SuDS infrastructure for new developments.
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Building a Hydro Nation 2010
This consultation document sets the initial scene for proposed legislation with regard to Scotland building a hydro nation, by exploring ideas and opportunities.
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Scottish Planning Policy 2010
The Scottish Planning Policy is a statement of the Scottish Government’s strategy on nationally important land use planning matters.
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Designing Places 2010
Designing Places sets out the policy context for important areas of planning policy, design guidance, professional practice, and education and training.
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Designing Streets 2010
Designing Streets sits alongside Designing Places and is a policy statement for street design emphasising that guidance on street design should move toward place-making and away from a system focused upon the dominance of motor vehicles.
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National Planning Framework 2009
The National Planning Framework plays a key role in co-ordinating policies with a spatial dimension whilst aligning strategic investment priorities.
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Flood Risk Management Act 2009
The Flood Risk Management Act develops a sustainable and modern approach to flood risk management, suited to the needs of the 21st century and to the impact of climate change.
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Planning Advice Note 69: Planning and Building Standards Advice on Flooding 2004
PAN 69 provides good practice advice on planning and building standards in areas where there is a risk of flooding.
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Water Environment & Water Services Act 2003
The Water Environment and Water Services (Scotland) Act 2003 is the enabling act for the European Water Framework Directive.
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Building Act 2003
The Building Act provides for approved designers and approved persons or bodies involved in the construction process to certify that elements of a building do or will comply with building regulations.
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Town and Country Planning 1997
The Town and Country Planning (Scotland) Act 1997 is the principal piece of legislation governing the use and development of land within Scotland
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Northern Ireland
Sustainable Drainage Systems - Advice for planning applicants seeking planning permission on the use of SuDS in new developments 2016
This is a short standing advice note for developers seeking planning permission.
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The Water and Sewerage Services Act (Northern Ireland) 2016
Sections 4, 5 and 6 of the Act relate to SuDS, and withdrawing the automatic right of connection.
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The Planning (Environmental Impact Assessment) Regulations 2012
Environmental Impact Assessment is a method of ensuring that the likely effects of a new development on the environment are fully understood and taken into account before consent is given for the development to proceed.,
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Wildlife and Natural Environment Act (Northern Ireland) 2011
An Act to make provision about biodiversity; to amend the Wildlife (Northern Ireland) Order 1985 and Part 4 of the Environment (Northern Ireland) Order 2002
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PPS 15: Planning and Flood Risk 2006
PPS 15 ‘Planning and Flood Risk’ sets out the Department’s planning policies to minimise flood risk to people, property and the environment.
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PPS 15: Planning and Flood Risk: Annex C Sustainable Drainage Systems 2006
PPS 15 Annex relating to SuDS use in Northern Ireland
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The Planning (Use Classes) Order (Northern Ireland) 2004
There are three key pieces of planning legislation which control the development and use of land in Northern Ireland.
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The Planning (Northern Ireland) Order 1991
The Planning (Northern Ireland) Order 1991 ("the 1991 Order") requires the Department to formulate and co-ordinate policy for securing the orderly and consistent development of land and the planning of that development.
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European
Floods Directive 2007
The Floods Directive aims to reduce and manage the risks that floods pose to human health, the environment, cultural heritage and the economy.
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Water Pollution by Discharges of Certain Dangerous Substances 2006
This Directive introduced the concepts of list I & II substances whilst the purpose of the Directive is to advise on how to eliminate pollution from list I substances and to reduce pollution from list II substances.
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Groundwater Directive 2006
The Groundwater Directive establishes a regime which sets underground water quality standards and introduces measures to prevent or limit inputs of pollutants into groundwater. Water Framework Directive 2000 The Water Framework Directive helps to protect and enhance the quality of all water bodies within the European Union.
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Habitats Directive 1992
The Habitats Directive forms part of a cornerstone of Europe's nature conservation policy.
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Urban Waste Water Directive 1991
The Urban Waste Water Directive concerns urban waste-water particularly the collection, treatment and discharge of domestic waste water, mixtures of waste water and waste water from certain industrial sectors.
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Bathing Water Directive 1976
The Bathing Water Directive concerns the quality of bathing water in the Member States of the European Union.
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On 10th May 2022 the peak rainfall flow allowances in ‘Flood risk assessments: climate change allowances’ were updated so they reflect the latest projections in UKCP Local (2.2km)[1] and subsequent research ‘FUTURE-DRAINAGE: Ensemble climate change rainfall estimates for sustainable drainage’[2] (referred to as ‘FUTURE-DRAINAGE herein)