Housing Development Planning: Water Companies

Helen Maguire Excerpts

Wednesday 12th March 2025 Westminster Hall

[Helen Morgan]

My hon. Friend describes a situation that I think we are all familiar with. I agree with her about the role of water companies and will go on to talk about that point at some length in my speech, so I thank her for that intervention.

When there is heavy rain, the residents I met struggle with surface water flooding and, unfortunately, with sewage backing up into homes and gardens, which we all agree is pretty horrible. Further homes in the area are in the planning process, so the residents are extremely concerned. Each year, their situation gets worse. An elderly resident told me that sometimes, when it has been raining heavily, she has to ask her neighbours not to use their bathroom, because sewage will flood into her garden if they do. That is not a position that any homeowner should be put in, so we need to ask ourselves how we have allowed this to happen in the first place.

We are acutely aware of the need to build more homes, and we support the Government in their mission to build more homes, but it is essential that the infrastructure for both new and existing residents keeps pace with development. Astonishingly, water companies are not statutory consultees when a housing development goes through the planning process. That means that there is no statutory safeguard for home buyers that the company responsible for dealing with their foul waste has ensured or confirmed that its existing sewers will cope; nor is there any statutory safeguard for existing residents against a new development bringing some unpleasant surprises.

[Helen Maguire (Epsom and Ewell) (LD)]

I thank my hon. Friend for securing this very important debate. River Mole River Watch, a local citizen scientists’ charity, has found that smaller pumping stations near new housing developments are seeing a sharp rise in storm overflows. More homes mean more sewage, as she has eloquently explained, and if the infrastructure cannot cope, raw sewage ends up in the River Mole. Does she agree that water companies must be statutory consultees in the planning process, so that sewage infrastructure is upgraded at the same time as building takes place? Otherwise, the problem will only get worse.

[Helen Morgan]

My hon. Friend is exactly right. Water companies have certain powers to object to developments that exacerbate existing capacity problems, but they are very much constrained by duties under the Water Industry Act 1991, which obliges them to accept domestic flows from new developments. Moreover, developers have an automatic right to connect to the existing network for domestic flows, which limits the ability of the water companies to object solely on the basis of network capacity. They can apply for Grampian conditions—planning conditions attached to a decision notice that prevent the start of the development until off-site works have been completed on land not controlled by the applicant. Developers can do that through the planning authority, but only if there is already a scheme promoted and a date for the improvements to be delivered has been set, so Grampian conditions are rarely used.

My hon. Friend the Member for Westmorland and Lonsdale (Tim Farron) tabled an amendment in Committee to the Water (Special Measures) Bill, which would have provided some of those safeguards by making water companies statutory consultees and ensuring that water infrastructure requirements were considered.