Defra announced on 10th January 2023 that following a review of the implementation of schedule 3 to The Flood and Water Management Act 2010, it was recommending that government now implement this part of the legislation.

This will require the approval of SuDS in new developments by a SuDS Approving Body (SAB) against a set of statutory standards. The SAB will then adopt and maintain the SuDS.

The review follows increasing awareness of the impact of new development on the capacity of existing drainage networks which may result in the increased frequency in discharge of storm overflows. In addition, surface water flood risk can be increased by the addition of new impermeable surfaces within new developments.

Additionally, Schedule 3 will amend the automatic right that developers have to connect drainage to existing sewers and make this a conditional right, which requires SuDS opportunities to be maximised before any connection for any remaining runoff is made.

Government will be consulting on the fine detail of implementation in the remainder of 2023 and has committed to implement the Schedule in 2024.

More information including the report of the review can be found here. 

CIWEM's response to the announcement can be found here.