Agenda Item No.
HERTFORDSHIRE COUNTY COUNCIL
CABINET
MONDAY, 25 FEBRUARY 2013 AT 2.00PM
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INTERIM POLICY STATEMENT ON SUSTAINABLE DRAINAGE SYSTEMS
Report of the Chief Executive & Director of Environment
Author:
John Rumble, Environmental Resource Planning Team Leader
(Tel: 01992 556296)
Executive Member: Richard Thake, Environment & Community Safety
1.
Purpose of report
1.1
To inform Cabinet about, and seek its approval to adopt, an interim policy
statement on Sustainable Drainage Systems.
2.
Summary
2.1
This report seeks Cabinet approval for the adoption of the appended interim
policy statement on Sustainable Drainage Systems (SuDS) as the County
Council’s formal position in any preliminary discussions with developers and
others regarding the County Council’s anticipated role as SuDS Approval
Body (SAB) for Hertfordshire.
2.2
This document will be used to inform and guide discussions between the
County Council, developers and the district councils prior to and during the
transition period for the establishment of the SuDS Approval Body;
anticipated to be no later than April 2014.
3.
Recommendations
3.1
That Cabinet approves the adoption of the Interim Policy Statement on
Sustainable Drainage Systems, attached as Appendix 1 of the report, as
County Council policy in the lead up to and transitional period for the
implementation of the SuDS Approval Body for Hertfordshire.
3.2
That Cabinet agrees that the Chief Executive and Director of Environment be
delegated authority, in consultation with the Executive Member for
Environment and Community Services, to make any proposed changes to the
County Council’s policy consequent upon the Government’s establishment of
national arrangements for Sustainable Drainage Systems.
4.
Background
4.1
Schedule 3 of the Flood and Water Management Act (yet to be commenced)
requires Lead Local Flood Authorities (LLFA) to establish a SuDS Approval
Body to carry out regulatory activities related to the approval of drainage
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consent for development. For Hertfordshire, the County Council is the LLFA
and as such will be required to establish a SAB once commencement of this
section of the act takes place.
4.2
As part of the preparations for this new regulatory responsibility the
Environment, Economy and Community Safety Cabinet Panel, at its meeting
on the 6 November 2012, was asked to consider an Interim SuDS Policy
Statement. This policy statement sets out the Authority’s position in the lead
up to and transitional period for the commencement of this part of the Flood
and Water Management Act (F&WM Act) 2010. Following consideration at
the Cabinet Panel meeting, the Panel agreed to recommend the Interim SuDS
policy Statement to Cabinet for adoption by the County Council.
4.3
Recent discussions with Defra (the national government department with
responsibility for the implementation of SuDS) have indicated that these new
regulations are expected to commence in April 2014.
5.
Content of the interim policy statement on SuDS
5.1
The interim policy statement sets out a total of nineteen ‘requirements’ for
SuDS schemes that the County Council in its new role as the SAB for
Hertfordshire will be asking developers to comply with.. The following is a
brief summary of these requirements:
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5.3
Requirement 1 says that for a SuDS to be adopted it must comply with
current local and national standards and guidance.
Requirement‘s 2 to 4 explain how information will be required from
developers as their projects progress or become more complex.
Requirement 5 sets out that SuDS must be seen to comply with local
planning policy and guidance where that is in place. Depending on how
the Government responds to the consultation on the National Standards
the SAB will be able to give this requirement more or less weight. But it
is a clear statement of the County Council’s desire for a joined-up
approach with district & borough council partners.
Requirement‘s 6 to 11 cover the main SuDS design policies.
Requirement 12 explains the approval stages.
Requirement 13 covers additional general design requirements, where
enabled by local plan policy, again in the interests of a joined-up
approach.
Requirement‘s 14 to19 are specific detailed technical requirements for
the design, construction, adoption and maintenance phases.
The wording of these requirements is mostly to establish them as ‘must do’s’
rather than ‘should do’s’. This is because of the substantial potential of longterm and possibly unfunded liabilities falling to the County Council as a result
of the primary legislation, requiring that a precautionary approach be taken.
Currently the guidance and legislation indicates that, as the SAB, the County
Council will have to adopt new SuDS schemes and be responsible for their
on-going maintenance and repair. It is still unclear if this will actually be the
case but it is prudent to plan for this eventuality.
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6.
Applying and reviewing the guidance
6.1
The intention is to implement the interim policy statement and the associated
guidance as far as is reasonable and review its application within a year, or
earlier, if there are significant changes in the national context.
7.
Financial implications
7.1
There are no additional financial implications arising from this report.
7.2
For 2012/13 additional funding of £50k has been provided as a one-off item to
assist in the development and implementation of the SAB function within the
County Council. Because of the delay in central government commencement
of these new responsibilities a request has been made to put this funding into
a reserve to be used in the financial year 2013/14.
7.3
The full and ongoing costs associated with implementation of the SAB are
expected to be met from application fees charged to developers for drainage
consent. Although full implementation has been delayed (it was anticipated to
be from October 2012) the current expectation is that the County council will
take on these new duties from April 2014.
7.4
The mechanism by which the costs of ongoing maintenance of SuDS features
following adoption by the SAB have yet to be finalised. These are the subject
of discussion between Defra and relevant stakeholders, including Lead Local
Flood Authorities, with a consultation expected later in 2013. Any proposals
will be scrutinised by the Chief Executive and Director of Environment in
consultation with the Economy and Community Safety Cabinet Panel and an
appropriate response returned.
8.
Equalities Implications
8.1
There are no equalities implications arising from this report.
Background Information
Report and minutes, Environment, Economy & Community Safety Cabinet Panel, 6
November 2012
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