Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, if she will bring forward legislative proposals to increase the liability of developers for the flooding of properties built since 2009.

Local Planning Authorities can, subject to legal tests, apply conditions to a grant of planning permission. These can be used to secure specific flood mitigation measures where these are necessary to address particular issues identified as part of the application process. With regard to flood risk, local planning authorities need to undertake consultation with the Environment Agency on development, other than minor development, which is proposed to be carried out in areas of high risk of flooding and give reasons where they go against Environment Agency advice to refuse the application.

In August 2022, the Government published significantly updated planning guidance on flood risk and coastal change to help councils to take climate change into consideration and make more informed decisions on whether a new development should go ahead.

In December 2022, the Department for Levelling Up Housing and Communities published a consultation on reforms to national planning policy. The Government will undertake a full consultation on a revised National Planning Policy Framework once the Levelling Up and Regeneration Bill has completed its passage through Parliament.