Sustainable Urban Drainage (SuDS) – Guidance Note

The new approach to drainage will ensure sustainable drainage systems are designed to reduce the impact of rainfall on new developments. The aim is to reduce the overall amount of water that ends up in the sewers and storm overflow discharges.

1.      What is a sustainable drainage system?

A sustainable drainage system collects surface water run-off and releases it slowly, rather than discharging it all straight into the public sewer system or watercourse. This slow release reduces the risk of flooding.

2.      How do SuDS work?

Most SuDS dispose of the collected surface water by a combination of infiltration, evaporation and collection and gradual release of the water into the sewer system.

3.      What is the current guidance for ‘major developments’?

SuDS should be provided for major developments. Major development is defined in Article 2 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 as follows:

  • the provision of ten or more dwellings; and
  • building(s) where the floorspace created is 1,000 square meters or more.

4.      What is being proposed?

The Government has announced the implementation of Schedule 3 of the Flood and Water Management Act 2010 which is expected to come into force in 2024. This requires new developments to submit a SuDS proposal to the SuDS Approval Body for approval before construction commences. This includes sites which had a building on them and shall be demolished and replaced by the new development.

5.      How does this affect you?

You will no longer have the automatic right to connect new developments to the main drainage system. You will be required to consider SuDS early in the design process.

Our expert team can provide legal services throughout the entire life cycle of your residential development project. Give our friendly team a call on 020 8305 4229 or email Maria Lati or Raj Waghela.

The information contained herein is for guidance only.