Wednesday 14 February 2018

Sustainable Moves

The policy and legislation to make Welsh development inherently sustainable continues apace. 

WelshGov has for some time been heralding the publication of a heavily rewritten and revised  Planning Policy Wales to reflect the Future Generations Act duties.  It arrived in our inbox for consultation earlier this week and can be viewed here.  We will post about some of the key changes in the near future once digested. 

Thoughts were recently firmly focussed on the practicalities of delivering sustainable development at an event to discuss implementation of National SUDs standards organised by Welsh Government. Subject to some transitional arrangements and with minor exceptions for single dwellings and development of less than 100m2, most development involving construction of a building or structure with drainage implications will require SUDs drainage. In brief summary it will need:  
  • Mandatory SUDs to national standards. Permitted Development ( e.g employment /industry/agricultural buildings) appears to be caught where over 100m2. 
  • Approval of all SUDs scheme through new approval boards (SAB) (with adoption, appeal and enforcement regulations in parallel.
  • Fees starting at £420 and up to £7500 for SAB approval applications. 
  • Parallel to PP processes and scheme design.  The importance of silo free pre-application discussion was emphasised.
  • Requirements to show in planning applications how SUDs considered. 

The draft Regulations impose the requirement to seek SAB approval, coming into force in May 2018, although we believe November 2018 to be the practical trigger date.  Further draft Regulations deal with adoption and approval,  appeals and enforcement.  

The recent event confirmed our fears that; 
  • There is very little appreciation of the pending change in the development industry outside of the major developers. This seems particularly acute in the SME sector. 
  • Local Authorities are ill-prepared and under-resourced for change and dont appreciate the cross-cutting character of SUDs across multiple responsibilities such as drainage. flood, highways, open space/biodiversity functions.
  • The vision for outcomes and implementation will differ between individual Local Authorities and more worryingly between individual Authority functions. This will cause uncertainty and delay.
  • The viability of developments will be adversely affected by the uncertainties, delaying delivery.
Updates will no doubt come, but in the interim, contact to see how we can assist.