Back
We continue to provide our legal services through the COVID-19 pandemic. Please visit our COVID-19 Hub for legal insights, or contact us directly.
Get in Touch Menu

Flooding and drainage – proposals for planning

27 June 2008

Since last summer’s floods, various reports have indicated that flooding is likely to increase as a result of climate change.

Sir Michael Pitt was appointed to review the flood related emergencies and identify the issues and his interim report was published in December. The report states that flood risk management currently focuses on river and coastal flooding, yet two thirds of the floods last summer were caused by surface water.

The report recommends that local authorities be given responsibility for surface water drainage and sustainable drainage systems (eg green roofs, water butts and permeable pavements) and that homeowners should not be allowed to pave or cover their garden with non-porous material, such as cement, without obtaining planning permission. Many front gardens and driveways are, of course, laid over the drainage systems leading from our homes to the public drains.

The final report is due out in late summer –  it will be interesting to see whether or not this planning requirement is incorporated. We suspect there may be one or two objections if it is!

In the meantime, a new planning policy statement has been issued requiring planning authorities to reduce the risk of flooding on new development sites by promoting the use of sustainable drainage systems. The policy even goes so far as to suggest that such drainage systems should be incorporated from the start into all planning applications on new developments and that this should be the norm rather than the exception.

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

Contact us

Contact
Alasdair Garbutt LLB (Hons)
Partner
View profile
Alasdair Garbutt
Related services
Share this article
Resources to help

Related articles

Commercial landlords & tenants: What are your options?

Commercial property

Commercial property solicitor Emma Thompson answers some key pandemic-related questions for landlords and tenants in the commercial sphere. I am a tenant, do I have to pay my rent? If…

Emma Thompson LLB (Hons)
Solicitor

Planning use classes overhaul: COVID-19 sparks major change

Commercial property

From 1 September 2020, the categories under the Town and Country Planning (Use Classes Order) 1987 are changing to create two new use classes. It is hoped that the overhaul…

Charlotte Brunsdon LLB, BA (Hons)
Solicitor

COVID-19: a commercial property update for landlords & tenants

Commercial property

As you will be aware from some of our previous updates, a number of measures have been put in place to give businesses the breathing space and tools they need…

Emma Thompson LLB (Hons)
Solicitor
Contact us