Levelling-up and Regeneration Bill

Lord Wigley Excerpts

Report stage
Wednesday 13th September 2023 Lords Chamber

With those brief remarks, I believe that each and every one of the amendments in this group is extremely important. There is an urgency to SUDS being implemented by Schedule 3 to the Flood and Water Management Act 2010. It should be implemented this year rather than delayed to next year. There is an urgency to completely preventing future housebuilding on flood plains. It is vital that, as Amendment 245 sets out, water companies become statutory consultees so that, where there is no way of connecting a major housing development to existing infrastructure, the water companies should be allowed in the terms of the price review, which is every five years, to make the relevant investment they are required to make. I beg to move.

[Lord Wigley (PC)]

My Lords, I rise to speak very briefly on this matter. I welcome the amendment being proposed by the noble Baroness, and the comments that she has made. I have not been intervening very much on most of this Bill, particularly those parts, like most of these, that apply to England only. But of course, with regard to drainage, water flow and rivers, there are cross-border issues.

The noble Baroness kindly referred to some of the progress that we have made in Wales on some of this, which of course we welcome, but goodness knows there is much more that needs to be done in Wales as well as in England. In any work that is undertaken in England this way, the co-ordination between what happens in England and in Wales on these matters is of vital importance. Therefore, I believe that the noble Baroness has, in a number of these amendments, put her finger on matters that are important in Wales as well. We have to deal with certain aspects of those ourselves, but we also have to co-ordinate where that is appropriate.

[Baroness Hayman of Ullock (Lab)]

My Lords, I stand to introduce my Amendment 240, and also to speak briefly in support of the amendments tabled by the noble Baroness, Lady McIntosh of Pickering.

My Amendment 240 is on flood prevention, mitigation certification and accreditation schemes. The reason I have tabled this amendment is that it does concern me that, when we have areas that have suffered major flooding, with both residential and business properties damaged, often the incentives to “build back better”—to put in flood mitigation and systems such as, in a residential building, a different sort of kitchen, different flooring, flood doors and so on—have not always been the eventual outcome when repairs have been done. It is also about the actual standard when they are put in: what kind of standard are the building repairs, which are being paid for by insurance companies? Whenever there is a major flooding event, insurance companies have an enormous amount of work to do, and we should thank them for that. Most insurance companies work very hard to provide a good service. But we have to be careful to make sure that all the equipment and facilities that are available are of the right standard and that appropriate mitigation is being put in place, which is why I have brought my amendment forward.

On the amendments of the noble Baroness, Lady McIntosh of Pickering, I just wanted to make a few comments. Her Amendment 231 is about sustainable water management and sustainable drainage; I know this is a topic that is very close to the noble Baroness’s heart, and I completely support her on what she is trying to achieve through this. We know that sustainable drainage systems—SUDS—can play a pivotal role in ensuring that new properties are built in a way that manages surface water flood risk at a local level. We also know that the Government have a really good policy on SUDS under the Flood and Water Management Act, which the noble Baroness referred to. I think the frustration is that we now need the Government urgently to implement this, so that we can benefit from the announcements. The Government announced in January that it was going to be mandatory in all new developments, so we need to crack on with the implementation of this. We would very much support the noble Baroness’s amendment on that.

On the noble Baroness’s Amendment 232, on basically not building any more on flood plains, we again strongly support the noble Baroness in her efforts to achieve this. We know that the insurance industry, through the ABI, has been calling for the Government to ensure that there is no inappropriate development on flood plains and flood risk areas, and also that we need a more transparent planning application system in regard to this. One of their asks is that the Government link future residential and commercial developments to the building regulations approved documents. Again, it will be interesting to hear the Minister’s thoughts on that.

This Bill is also reviewing the National Planning Policy Framework, so we think that brings forward an opportunity to really set how this should happen, to ensure that we do not get inappropriate building. I remember there was one case when there was a large flood—I live in an area that floods—and there was a new development called “Water Meadows”. After the flooding had gone away, it was called the “Meadows”. That was very disingenuous of developers, and I think we need to get to grips with this. If the noble Baroness wishes to put her Amendment 232 to a vote, we would be very happy to support it.