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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