Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Communities and Local Government, what steps his Department can take against developers who illegally build new developments too close to river banks and exacerbate existing flooding problems in the area.

National planning policy is clear that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, including floodplains. Where unauthorised development has taken place, we have given local planning authorities a wide range of powers to tackle the situation. These powers include the ability to serve an enforcement notice setting out the steps required to remedy a breach – which can include the demolition of a building if the authority considers that appropriate. Non-compliance with such a notice is punishable by an unlimited fine and local authorities have the power to take the necessary steps themselves and recover the costs from the developer. Other powers include the ability to apply for a planning injunction against apprehended as well as actual breaches of planning control. The penalties for non compliance with an injunction are severe – including imprisonment for contempt of court. Full details of local authorities’ enforcement powers can be found in our online planning guidance: http://planningguidance.communities.gov.uk/blog/guidance/ensuring-effective-enforcement/.