The question of who will pay for Sustainable Drainage Systems and when measures put in place in the 2010 Flood and Water Management Act has finally made the national headlines – the issue has been the lead item on BBC news this morning.

On Monday the Government finally admitted that it may not meet the April 2014 target date for the new measures to be brought in which require developers to landscape new developments so surface water seeps into open ground, rather than straight into the water system.

Speaking in the final reading debate of the Water Bill in the House of Commons, Dan Rogerson, Parliamentary Under Secretary of State said it was unlikely that Schedule 3 of the Act would be implemented by then, commenting:

“…the Government are pressing ahead and implementing the requirement to secure approval for sustainable drainage systems for new developments under schedule 3 to the Flood and Water Management Act 2010. Regrettably, it is looking increasingly unlikely that we will be in a position to ensure that the scheme comes into force this April..”

“…we are working with developers and local government to develop the processes, standards and guidance that are an integral part of a new SUDS approvals and adoption regime, rather than just imposing them. “

“… I remain committed to introducing the legislation at the earliest opportunity. I plan to lay the relevant affirmative regulations by April, to underline the Government’s commitment to addressing flood risk”. 

The Flood and Water Management Act 2010 established Lead Local Flood Authorities as the responsible body for approving SuDS in England and Wales. The provisions, when implemented, will however apply to new developments only – retrofitting to existing properties is not mandated.

Apart from ongoing discussion about technical standards, inevitably the question of funding is a key part of the overall issue – both for the construction and maintenance of schemes put in place. Disagreement on both aspects has delayed publication of the rules for some considerable time. Last summer the House of Commons Environment, Food and Rural Afairs Committee called on the Government to find an immediate solution to the problem.

Developers fear will the new measures will put pressure on land requirements and push up building costs which will then have to be passed to customers. The Government will also be wary of being seen to push through measures which have the effect of making housing more expensive. Likewise, Local authorities who already have budgets under massive pressure will be responsible under the Act for the maintenance of SuDS schemes - although a proposal for councils to charge an annual fee for occupiers of new developments for the costs of maintenance appears to offer a possible solution to the deadlock.

Separately the Environment Agency, which has overall responsibility for flood risk management in England and Wales, is grappling with its own serious funding and staffing issues.

However, serious consideration may now have to be given as to whether even the limited provisions which are currently the source of disagreement go far enough. 

The reality is that the UK lis likely to face ongoing potential flooding emergencies in future which may become both more frequent and widespread due to the growing impact of climate change. This situation is unlikely to improve and likely to get worst.

Given that we currently have existing housing stock of 23 million+ properties in England alone – without taking into account other sections of the built environment – confining the introduction of the new measures to new developments is also unlikely to address the scale of the challenge the UK has to deal with.

The Government should now be giving serious consideration as to whether the existing provisions go far enough. Flood infrastructure should be seen as part of the key UK infrastructure essential for a well-functioning economy alongside power,transport, water and wastewater provision.

The public will increasingly be looking for someone to grasp the mettle and show leadership on the issue which can no longer be addressed on a piecemeal basis.