Will they, won’t they with Schedule 3?

Will 2024 actually be the year Schedule 3 of the Flood and Water Management Act comes into force in England?

In June 2008 the Pitt review made recommendations in relation to SuDS and these were incorporated into Schedule 3 of the Flood and Water Management Act 2010. 

Schedule 3 was not actually implemented and instead the English Government decided to increase the use of SuDS through planning policy in April 2015. It was decided that SuDS should be included in all new major developments (10 homes and above), unless there is very good reason why they shouldn’t, this policy is still in place today.

In August 2020 this planning-led approach wasn’t really working. Ambiguity in the non-statutory technical standards was making it quite difficult for the planning authority to ensure SuDS had been constructed as designed and that maintenance was being carried out. It also didn’t enforce any multifunctional SuDS features so only concentrated on water storage requirements.

In 2019 the Welsh Government, however, decided to enact Schedule 3 whilst England watched to see what happened.

Positives have been seen, with sites giving space for the use of green SuDS features which not only stored water but also provided water treatment, biodiversity, and amenity enhancements. Schedule 3 provided a framework for the approval and adoption of drainage systems via an approving body (known as a SAB) and national standards to ensure multifunctional drainage designs were provided.

Due to the short comings identified in the English planning approach and the successful implementation in Wales (albeit with a few teething problems), a review published in January 2023 recommended that the English Government must implement Schedule 3.

Will 2024 actually be the year this happens?

Land Studio have successfully gained SAB approval on a number of schemes across North Wales including a residential development in Llannefydd, Conwy.

"From the first contact with Land Studio, the service we received was nothing but prompt and professional. Lisa was able to efficiently and accurately define our requirements for a suitable sustainable drainage strategy to serve a proposed new-build dwelling on a unique mountainside site, quickly progressing to a resolved design and submission of a SuDS application to the Local Authority SAB. That the application was processed and approved without question is testament to Lisa'’s diligence and expertise. We very much look forward to collaborating with Land Studio on future projects.” 

Amber Yorke, YOMA Architects

With the studio currently working on the SAB process alongside landscape design for new school in Bontnewydd, Gwynedd and an industrial development in Wrexham.

If you want to discuss your drainage design or SAB requirements, or want to understand if Schedule 3 came into force this year in England and  what impact this may have on your development then please contact the studio on 01244 319019 or email lisa@landstudio-uk.com

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Why we think the new Green Infrastructure policy is a positive step for the built environment in Wales