Schedule 3 of the Flood and Water Management Act (2010) provides a framework for the approval
and adoption of drainage systems, a sustainable drainage system approving body within unitary and county councils, and national standards on the design, construction, operation, and maintenance of sustainable drainage systems for the lifetime of the development.
Schedule 3 of the Flood and Water Management Act 2010 was enacted in Wales 1 May 2018.
A new approach to sustainable drainage was announced by the UK government in January 2023,
following pressure from industry to act now.
The legislation relating to sustainable drainage systems (SuDS) will, according to the government,
“reduce the risk of surface water flooding, and pollution and help alleviate the pressures on our
traditional drainage and sewerage systems”.
The move follows an open letter, sent to Prime Minister Rishi Sunak in December, where industry
experts “strongly urged” him to implement Schedule 3 of the Flood and Water Management Act
2010. According to the letter to the prime minister, the SuDS part of the act was “relaxed” in 2014
and high-quality SuDS have not been made mandatory so far due to “misconceptions on cost and applicability”.
“The [SuDS] approach could have been normalised as a standard good practice many years ago.
“Please do not waste any more time; implement Schedule 3 of the Flood and Water Management
Act 2010 further to the current government review,” the letter ends.
As well as Balmforth, the letter has been signed by a large cohort of experts including Terry Fuller,
chief executive of the Chartered Institution of Water and Environmental Management, Christine
McGourty, CEO of Water UK, and Professor Jim Hall, professor of climate and environmental risks at Oxford University.
Following the publication of the review, regulations and processes for the creation of sustainable
drainage systems at new developments will now be devised. Implementation of the new approach is expected during 2024.
The Government will now give consideration to how Schedule 3 will be implemented, subject to final decisions on scope, threshold and process, while also being mindful of the cumulative impact of new regulatory burdens on the development sector. This will include a public consultation later this year, which will collect views on the impact assessment, national standards and statutory instruments.