Contribution
The hon. Gentleman is absolutely right that we need more investment in this area, which is why the Liberal Democrat manifesto was the only manifesto to identify the additional funding that the Environment Agency needed for flood defence work, and that Natural England needed. He mentioned the floodplain; much like the other villages that I mentioned, a large part of my constituency is in the floodplain. When the river surges across that floodplain, it far too often carries sewage from the sewage works with it, right across a vast area, in ways that are totally unacceptable. Nobody should have to deal with that raw sewage coming into their home and garden.
My hon. Friends the Members for North Shropshire and for Chichester (Jess Brown-Fuller) are absolutely right that schedule 3 to the Flood and Water Management Act 2010 needs to be commenced. The schedule would require the approval of drainage and would require sustainable drainage systems—SUDS—to be provided in all but the most exceptional cases. It would also establish a proper authority for the regulations to ensure they are properly designed and maintained. It is not right that the burden of poorly constructed drainage systems should fall on individuals, who have saved for years to get their first home, because of inadequate regulation and safeguards.
Alongside schedule 3, we should have proper planning enforcement—too often the Cinderella service of planning, as my hon. Friend the Member for Didcot and Wantage (Olly Glover) mentioned. In fact, planning departments recover nothing like the full costs of planning services from applicants, due to the cap that central Government has placed on them for decades. Council tax payers are therefore subsidising those developers. My hon. Friend the Member for St Albans (Daisy Cooper), the deputy leader of the Liberal Democrats, was absolutely right in November 2023 to introduce a Bill to remove that cap on planning fees. We were delighted to see in the Planning and Infrastructure Bill published this week that that campaign for full cost recovery has finally won the day; it looks as though it has, in any event.
Without the proper enforcement of sustainable drainage, there is a real risk that the drive to increase housing numbers will exacerbate this problem. Having worked with Sir Michael Pitt in a past life, I looked up last night his report on the 2007 floods and exactly what happened to his 2008 recommendation that schedule 3 should then be commenced. By 2014, the Government had consulted on the necessary guidance and were on track for completion of commencement before 2015. I am sad to say that, in 2015, the trail goes very cold. We had to wait until 2023, when the Conservative Government said in their document, “The Review for implementation of Schedule 3 to The Flood and Water Management Act 2010” that they had instead decided to rely simply on policy. In fact, the 2023 Government review concluded that their approach was—using technical language—“not working”. It went on, in yet more technical language, to say that,
“non-statutory technical standards for sustainable drainage systems should be made statutory: as the”
current
“ambiguity makes the role of the planning authority very difficult. The review also found that in general there were no specific checking regimes in place to ensure that SuDS had been constructed as agreed, leaving concerns about unsatisfactory standards of design and construction, and…difficulties of ensuring proper maintenance once the developer has left the site.”
If only they had followed the advice of the Pitt review and commenced schedule 3 back in 2015, many of the people we have heard about would not have had the same problems.
In the past, there was a body of law to control drainage into traditional sewers—in the words of the Public Health Act 1936,
“communicating with a public sewer—
but relatively new SUDS do not have the same body of regulation. There is therefore no longer any reason why schedule 3 should not be commenced as soon as possible, if not immediately. It should not take another flood to make that happen. Having water companies as statutory consultees is also an excellent suggestion, as hon. Members from across the country have pointed out, and I am not sure why it cannot be enacted.
In conclusion, it is time to implement the recommendations of the 2008 Pitt review, of the Government’s consultation on the response in 2014, and of the 2023 DEFRA review that I quoted, and time to finally implement schedule 3 to the Flood and Water Management Act 2010, before communicating with a public sewer becomes something that our constituents are forced to do in an all too upfront and personal way in their own homes and gardens.