Property Development: Floods

(asked on 29th January 2026) - View Source

Question to the Ministry of Housing, Communities and Local Government:

To ask His Majesty's Government what assessment they have made of the judgment in Gladman Developments Limited v Secretary of State for Housing Communities and Local Government and Lancaster City Council [2026] EWHC 51 (Admin), which sets aside the sequential test allowing planning authorities to disapply the national standards for sustainable drainage systems published in June 2025.


Answered by
Baroness Taylor of Stevenage Portrait
Baroness Taylor of Stevenage
Baroness in Waiting (HM Household) (Whip)
This question was answered on 3rd February 2026

Due to ministers' role in the planning system, it would not be appropriate for me to comment on the details of a specific legal case.

The National Planning Policy Framework (NPPF) is however clear that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or in the future). Where development is necessary in such areas, it should be made safe for its lifetime without increasing flood risk elsewhere.

The Government is committed to securing the delivery of high-quality sustainable drainage systems to help manage flood risk and adapt to the effects of climate change. The NPPF sets out that developments of all sizes are expected to make use of sustainable drainage techniques where the development could have drainage impacts.

We are consulting on a new framework that includes clearer, more ‘rules based’ policies for decision-making and plan-making, designed to make planning policy easier to use and underpin the delivery of faster and simpler local plans. The consultation includes a dedicated chapter on planning for flood risk and a proposed new requirement for SuDS to be designed in accordance with the National Standards for SuDS published last year.

The consultation on changes to the NPPF is available (attached) here: National Planning Policy Framework: proposed reforms and other changes to the planning system - GOV.UK and will remain open for responses until 10th March 2026.

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