The Draft Flood and Water Management Bill - Environment, Food and Rural Affairs Committee Contents


6  Sustainable drainage

73. Part 5 of the draft bill sets out provisions relating to sustainable drainage systems (known as SUDS).[120] Clause 219 defines "sustainable drainage" as "managing rainwater" with the aim of reducing damage from flooding of all kinds; improving water quality; protecting and improving the environment; protecting health and safety; and ensuring the stability and durability of drainage systems. However, the extent to which any or all of the those six purposes must be met for qualification as 'sustainable drainage' will be set out in guidance rather than on the face of the Bill. There is also no definition in the Bill of how a SUDS "thing" might be designated under Clause 80.

74. The evidence we have received indicated widespread support for SUDS. The Environmental Industries Commission (EIC) considered the Bill should give greater emphasis to SUDS.[121] The Local Government Association, while supporting the Pitt Review recommendations on SUDS, said that they are not a panacea. The Association emphasised that there can be "technical difficulties depending on ground conditions" and that in some places "positive drainage (surface water sewers and drainage channels) will be the preferred solution".[122] According to the Institute of Civil Engineers, SUDS by themselves are "unlikely to have a significant effect on extreme event flooding and that needs to be recognised (though they can have a beneficial effect during less severe events, and during these also address some of the water quality issues)".[123]

75. Clauses 222 to 230 set out provisions relating to approval of new SUDS and their construction. Clauses 231 and 232 relate to the adoption of SUDS. The Clauses provide for local authorities acting as the approving body and in most cases adopting SUDS. The Campaign for Rural England argue that the draft Bill's proposals would cause fragmentation and confusion within two-tier areas because the county councils would approve a drainage system while the body implementing it will be the district council planning authority.[124] It suggested that the district council would be the most appropriate body to approve a sustainable drainage system as part of a planning permission, as well as to implement it.[125]

76. Mr Runcie from the Environment Agency said that "if we bring together sustainable urban drainage systems within the current surface water environment, that is a much more confused picture and it does need local ownership and the proposition is that that local ownership should be vested with local authorities".[126] However, Mr Jonathan Hodgkin, from Yorkshire Water, suggested an alternative to local authorities adopting SUDS. He suggested that "water companies themselves should have a greater role in terms of providing, operating and maintaining SUDS to ensure that these things actually deliver the promise".[127] Ms Finn supported that approach to some extent, saying that Ofwat's approach was to "choose the best deal, do the right thing in the long term" and that in relation to SUDS that may mean water companies build or adopt SUDS.[128] She said that the question was whether the draft Bill's provisions "are exactly right or pinned down yet" and that Ofwat would want to ensure that "what is put in place is workable".[129]

77. These Clauses provide a starting point to resolve the long-standing difficulties associated with the introduction and management of SUDS. The wide-spread implementation of SUDS is a critical part of future water management and therefore we welcome Defra's work in taking SUDS forward. However, the current provisions leave several questions unanswered on: the capacity of SUDS, the transfer of approval powers, funding arrangements for the adoption and maintenance of SUDS, and the potential for retro-fitting SUDS. The Government should take the opportunity presented by the Bill to encourage individuals and businesses to adopt sustainable water management, such as rainwater harvesting and grey water systems. The Government should also consider how flood and water management and the planning system might together more effectively prevent the reduction of permeable surfaces in flood risk areas.

78. The Government should ensure that the legislative framework provides sufficient incentives for households and businesses to install rainwater harvesting and grey water systems; and also prevents further erosion of permeable surfaces.


120   SUDS is also a commonly used acronym for Sustainable Urban Drainage. Back

121   Ev 173 Back

122   Ev 163 Back

123   Ev 141 Back

124   Ev 172 Back

125   Ev 112 Back

126   Q 114 Back

127   Q 185, HC 555-iv Back

128   Q 207 Back

129   Q 207 Back


 
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Prepared 23 September 2009