Legislation

New SUDS Act Published

New legislation just passed by parliament includes far-reaching requirements for SUDS on future construction work carried out in England and Wales, and, as the most versatile of SUDS technique, permeable paving is set to become the norm for hard surfaces.

The Flood and Water Management Act 2010, passed by parliament on 8th April 2010 and making sustainable drainage systems (SUDS) such as permeable paving mandatory, has now been published. It includes far-reaching requirements for SUDS on future construction work carried out in England and Wales.

Sustainable drainage systems (SUDS) will effectively become mandatory with The Flood and Water Management Act 2010, passed by parliament on 8th April 2010. As the most versatile of SUDS techniques, concrete block permeable paving is set to become the norm for hard surfaces in all types of development.

Governmental planning policy guidance throughout the UK already requires use of SUDS such as permeable paving on all developments wherever possible and also encourages planners to take a central role in coordinating its acceptance by all. This requirement is supported by Building Regulations and other governmental guidance, including the Manual for Streets. In addition the Code for Sustainable Homes recognises the capabilities of SUDS to slow down and limit runoff, remove pollution and provide opportunities for rainwater harvesting both for external and some internal uses.

But The Flood and Water Management Act 2010, which received Royal Assent on 8 April, goes much further. It includes far-reaching requirements for SUDS on future construction work carried out in England and Wales. It applies to any construction work that creates a building or other structure, including “anything that covers land (such as a patio or other surface)”, that will affect the ability of land to absorb rainwater. In other words all new buildings, roads and other paving, whatever the size, type or scale of the project, will be affected – as well as alterations that have drainage implications. The Act may well apply to work that does not need planning permission, or indeed Building Regulations compliance, although applications for approval can be made with planning applications. Because the act is unconnected with planning law, current ‘permitted development’ rules do not provide exemption either.

When the Act has taken effect, applicable construction works cannot start until drainage systems have been approved by ‘Approving Bodies’ - generally county councils or unitary authorities – in line with national standards for SUDS. The existing right to connect surface water drainage systems to public sewers (under Section 106 of the 1991 Water Industry Act) will be restricted to those approved under the new regime, i.e. appropriate SUDS. Approving Bodies will be obliged to adopt all approved drainage systems except those on single properties and public highways. Road drainage will be adopted by Highways Authorities with design, construction and maintenance in line with the new national standards.

It is expected that the national standards, which must be met to gain approval, will be published by the government next year. They will cover the design, construction, maintenance and operation of SUDS. In the case of concrete block permeable paving, detailed guidance has already been developed by SDS on all these issues - based on extensive international experience - which should form the basis of national standards.

In fact, a rapid growth is expected in the use of concrete block permeable paving, as it satisfies a range of needs that other SUDS techniques cannot. For example, it requires no additional land-take, unlike ‘soft’ landscaping features, making it efficient for high-density projects. It also satisfies the new Act’s specific definition of SUDS both to reduce flooding and to improve water quality, unlike attenuation tanks. And it provides a consistent, firm, safe surface to satisfy Accessibility regulations, unlike loose materials such as gravel. It is also worth remembering that concrete block permeable paving is not exactly new - either to the UK or internationally - but a well-established technology with projects performing well after 20 to 30 years use with minimal maintenance.

Further information on Sustainable Drainage Systems is available from SDS Ltd., telephone 01934 751303, email: info@sdslimited.com