PJA are excited to see the release of ‘The review for implementation of Schedule 3 to The Flood and Water Management Act 2010 (F&WMA)’ by DEFRA today. This is a massive step forward for Sustainable Drainage Systems (SuDS) in England, with public consultation coming later this year and implementation expected in 2024.

This review considered three options for the future implementation of Schedule 3, comprising:

1. Do not implement Schedule 3 and continue delivering SuDS in developments through the planning process.
2. Implement Schedule 3 as written in the F&WMA, with the unitary authority or county council as approving and adopting body.
3. Implement Schedule 3 with a different approving and adopting body.

With DEFRA concluding that Schedule 3 should be implemented as written in the F&WMA, with the unitary authority or county council as approving and adopting body.

Through this review, drawing from an advisory group and learning from the implementation of Schedule 3 in Wales, DEFRA identified multiple findings with concluding recommendations centred around five key areas:

1. Appointment of a SAB
2. Costs and funding
3. Skills and Capabilities
4. Guidance and mandatory standards
5. Approval and Adoption (including exemptions)

Through our extensive experience with SuDS, in particular our experience working through the implementation of Schedule 3 in Wales, we feel this review thoroughly considered the best means for enacting Schedule 3 in England.

While there are many recommendations and next steps outlined in this review, we, at PJA, consider the following points to be integral to the future successful implementation of Schedule 3 in England:

• The SuDS Approving Body (SAB) should sit within the unitary authority or, if there is not one for the area, then it will be the county council.
• A regulatory impact assessment will be completed during policy implementation and provide the costs and benefits in full to help inform the best decision on funding. Currently the three main costs have been identified as Setting up the SAB, Running the SAB and Operation and maintenance of SuDS.
• Commencing Schedule 3 will require a public consultation on and publishing of national standards for sustainable drainage.
  • Establish, consult on, and publish national standards about how sustainable drainage systems should be designed, constructed, maintained, and operated.
  • Issue guidance, to which approving bodies must comply with, on the process of seeking and obtaining approval including how this will interact with planning processed.

• Development of greater than 100 square metres, serving more than one single property, will be subject to Schedule 3 approval.
• Implementation of transitional arrangements for well progressed developments.

As noted by The Rt Hon Therese Coffey MP, ‘The Government will now consider how Schedule 3 will be implemented, subject to final decisions on scope, threshold and process. A public consultation later this year will help to shape the new approach, with implementation expected during 2024.’

If you’d like to discuss how this may impact you and your future developments, please don’t hesitate to reach out to our inhouse water team:

Alison Caldwell
E: [email protected]
T: 07976 482210

Andrea Nelmes
E: [email protected]
T: 07732601126

Andy Johnson
E: [email protected]
T: 07732601126

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Read the release in full here