Contribution
My Lords, the three amendments in my name in this group are particularly focused on the pressing issue of flood risk. I thank other noble Lords who have tabled amendments in this group raising this all-important issue. This is not an abstract problem but one that devastates families, undermines communities and is set to worsen dramatically as our climate continues to change.
These amendments were originally raised in the House of Commons by Helen Morgan MP, Member for North Shropshire, one of England’s most rural and flood-hit constituencies. She has taken the initiative, along with the noble Baroness, Lady McIntosh, of setting up a new All-Party Group on Flooding and Flooded Communities. She has rightly recognised that flood risk demands urgent solutions. Her determination to give voice to people living in constant fear of floods and repeat flooding is bringing national attention to a critical issue affecting homes and livelihoods and blighting communities.
I thank the noble Baroness, Lady Willis, for her support on Amendment 135B. It seeks to solve a problem raised by the noble Baroness by bringing paragraph 11 of the National Planning Policy Framework, advice that currently stands only as guidance, on to the statute book. Under this amendment, when considering an application for development consent, a local planning authority would be obliged to assess whether that development might increase flood risk or reduce flood mitigation for neighbouring properties or land.
This amendment would help prevent the frankly indefensible practices we have already heard about of building on flood plains, and it would ensure that drainage systems be properly accounted for in new developments. Too often, these systems—whether attenuation ponds or so-called sustainable drainage systems, or SUDS—are left unadopted and therefore unmaintained, or are simply inadequate to begin with. Of course, we all understand and recognise that local authorities, under extraordinary financial pressure, are rarely in a position to enforce standards strongly, especially when the NPPF is merely guidance, as we have already heard, rather than enforceable law. This would help protect communities from situations where drainage systems are not up to standard and are left unadopted, including by water companies. In north Shropshire, for example, there have been multiple new developments which, despite having SUDS in place and, usually, as I have mentioned before, an attenuation pond, have in turn caused flooding to the existing neighbouring properties.
This amendment also links directly to an excellent proposal in the House of Commons by Gideon Amos MP, Member for Taunton and Wellington, which would bring into force Schedule 4 to the Flood and Water Management Act 2010. This would make water companies statutory consultees in the planning system, ensuring their expertise and infrastructure responsibilities are considered when future developments are approved.
If we want to protect new home owners, this is common sense. We know that water companies have often struggled with capacity, so excluding them from the table during the planning process is a recipe for yet more flooded homes. This approach protects these new home buyers from the risk of facing flooded homes and inadequate sewage systems, including raw sewage backing up in gardens and downstairs toilets.
Amendment 227A turns to the resilience of new homes. I thank the noble Baroness, Lady Bennett, for her excellent historical example. Changes to the climate will result in more intense and regular flooding throughout the country. We heard from the noble Baroness, Lady McIntosh, about surface flooding, a new and dangerous phenomenon that already affects at least 3.4 million properties, making it one of the most significant growing threats to our communities. We have also heard the Environment Agency’s warnings about that.
Amendment 227A proposes that, within six months of the Bill becoming law, the Secretary of State would make regulations under the Building Act 1984 requiring property flood resilience measures in all new builds. These measures are not futuristic; they are simple, practical and already well known to the development sector. They include raised electrical sockets, non-return valves, resilient wall plaster and flood-adapted air bricks. These can make the difference between needing a full year of rebuilding and the home being liveable again in literally a matter of weeks—it is that much of a difference.