Updated NPPF: Modest changes to the consideration of flood risk and SuDS within the planning system

On 12 December the Ministry of Housing, Communities and Local Government published a revised National Planning Policy Framework (NPPF) in response to the proposed reforms to the NPPF and wider changes to the planning system in a consultation held by the new Government this summer. The NPPF sets out the government’s planning policies for England and how these are expected to be applied.

Flood risk

Of those who responded to the consultation question on flood risk, 88% felt that changes were needed to policy for managing flood risk to improve its effectiveness. The government response highlighted three key areas that respondents had raised related to flood risk: the sequential test, SuDS, and natural flood management.

Whilst the consultation earlier in the year did not specify any changes, modest modifications have been made to the NPPF around flooding.

A new paragraph (175) has been added to explicitly state that a sequential test is not needed where a site-specific flood risk assessment locates all new development or access and egress route outside of areas at any/all flood risk. The government has also committed to updating the Flood Risk & Coastal Change Planning Practice Guidance (PPG) to clarify the meaning of the phrase “reasonably available sites” that should be considered as part of the sequential test.

The government has removed the limitation for SuDS to only be considered on ‘Major Development’ and instead SuDS should be considered by all development proportionate to the scale and nature of the scheme (new paragraph 182). This avoids development just ducking below the major development criteria and not including any SuDS provisions, something of concern to LLFAs, and recognises that multiple smaller developments can contribute to significant surface water impacts.

A definition of sustainable drainage systems has been added to the glossary of the NPPF to clarify the wide range of interventions which can support sustainable drainage, for both very small and larger schemes.

The government did not answer specific calls to implement Schedule 3 of the Flood & Water Management Act 2010, which were amongst a number of wider considerations raised in ADA’s response. However, the government concluded their response by stating that they will consider whether further changes are required to manage flood risk, coastal change and SuDS provision through the planning system when they consult on further planning reform. This included mentioned in particular a set of national policies related to decision making, which could bare reference to how the government proposes to take forward Schedule 3 in the future.

Agricultural land

A footnote within the NPPF added by the previous government aimed to make the availability of agricultural land for food production an explicit consideration in determining if sites are appropriate for development. The Government has now removed this footnote on the basis that it gives no indication of how authorities were to assess and weigh the availability of agricultural land when making planning decisions. However, the Government has stated that national policy remains clear that where significant development of agricultural land is demonstrated to be necessary, areas of poorer quality land should be preferred to those of a higher quality.

Furthermore, a consultation on a future Land Use Framework for England is set to be published by Defra in 2025, which the government has stated will invite discussion on how land in England is used, and will set out the government’s vision for long-term land use change.

---