Housing Development Planning: Water Companies

Adrian Ramsay Excerpts

Wednesday 12th March 2025 Westminster Hall

[Helen Morgan]

My hon. Friend makes a good point. That is where we are going with having them as statutory consultees in the process. It is no good the water companies saying, “You cannot build those houses.” They need to be able to say, “We have this plan to improve the infrastructure. You can build those houses when we have done it.” It is probably also quite critical that they are able to say, “We are doing it fairly quickly.”

I will come back to section 104 for a second. One problem is that council planning departments are hollowed out. They have neither the human nor financial resources to get involved in expensive planning enforcement action, or to ensure that every person has been thought about and invited to consult on a planning application. They need to be required to do that, because the idea that cash-strapped councils will go above and beyond is currently unlikely; many are desperately just trying to stave off a section 104 situation.

We have planning legislation coming, which is welcome. I implore the Government to address section 104 agreements and the bonds that secure them, because at the moment they are not the iron-clad guarantees they should be. We need to ensure that drainage systems are built to an appropriate standard and adopted, so that people can have confidence that, when they buy a home, they will not have to deal with a raw sewage problem for years and be unable to sell their house in many instances.

[Adrian Ramsay (Waveney Valley) (Green)]

The hon. Lady makes an eloquent and moving case about the impact of inadequate sewerage systems on residents moving into new properties. Does she agree that there is also a need for a stronger regulatory system for the supply of fresh water? In my constituency we have a water management zone, which prevents new businesses, such as a brewer I spoke to recently, from expanding. At some times of the year, there is too much water, and at other times, there is too little. Does the hon. Lady agree that more effort needs to be put into strategies to manage the supply of fresh water, as well as the issues she raises?

[Helen Morgan]

The hon. Gentleman makes a good point. Shropshire is quite wet, so we do not often find ourselves talking about a lack of water; it would have to be an extreme summer before we found ourselves in that situation. He makes a good point that the country increasingly sees very dry periods and then extreme rainfall in winter. We need a water system fit for the future to deal with that and with localised capacity issues in the freshwater network.

Finally, I call on the Government to implement the recommendations of the report published by the Department for Environment, Food and Rural Affairs in 2023 on schedule 3 to the Flood and Water Management Act 2010. The schedule would provide a framework for the approval and adoption of drainage systems; a sustainable urban drainage systems approving body, or a SAB; and national standards on the design, construction, operation and maintenance of sustainable urban drainage systems, which also have a lovely acronym—SUDS. Critically, it makes the right to connect surface water run-off to public sewers conditional on the drainage system being approved before any construction work can start. Currently, that is not a statutory requirement, but those things are often built as part of the planning process. That means that when a development happens in an area that has previously been, say, fields, the water must drain off at the same rate as it would have done had the area still been a field. That is a clever way of managing surface water, and it seems odd that the previous Government, and indeed the current Government, have not yet adopted schedule 3. That would be an important start in protecting new and existing residents from the nightmare of both surface water and foul water flooding.

In conclusion, the current planning-led approach is clearly not fit for purpose. Numerous colleagues have turned up today to tell similar stories of residents dealing with raw sewage in their homes, which is just not acceptable. The planning process is failing to protect residents of both new and existing homes, opening the risk of surface water and foul water flooding. Most of us cannot imagine how awful untreated sewage in the home must be, but a failed planning system is making it a reality for far too many people. I urge the Minister to make water companies a statutory consultee in planning, to implement schedule 3 to the Flood and Water Management Act and to tighten the rules around section 104 so that rogue developers cannot get away with building illegal connections to the sewers.