Agenda item

To submit a report by the Interim Head of Highways, Waste and Property.

The report of the Interim Head of Service (Highways, Waste and Property) setting out a procedure for dealing with the Council’s function as an Approving Body for Sustainable Drainage (National Standards) applications under the Flood and Water Management Act 2010 was presented for the Executive’s consideration.

The Portfolio Member for Highways, Waste and Property reported that Schedule 3 of the Flood and Water Management Act (FWMA) 2010 orders that surface water drainage systems for new developments should comply with National Standards for sustainable drainage (SuDS). Schedule 3 of the FWMA 2010 also places a duty on local authorities as SuDS Approving Bodies to approve, adopt and maintain systems that comply with section 17 of the Schedule. The Welsh Government has announced that the requirements of Schedule 3 will come into force in Wales on 7 January, 2019. From this date therefore, sustainable drainage systems will be required for every new development of more than 1 dwelling house or where the construction area is 100 square metres or more. Drainage systems must be designed and built in accordance with statutory SuDS standards published by the Welsh Ministers. However, development applications submitted prior to 7 January, 2019 date will not be required to comply.

The Portfolio Member said that although the formation of the SAB is a new statutory requirement on Local Authorities, there will be no extra funding from the Welsh Government to undertake this function. It is expected that the SAB should be self-supporting in the long-term with the fees attached to Sustainable Drainage applications paying for the running costs. Following a project manager report by Ymgynghoriaeth Gwynedd Consultancy (YGC) funded by Welsh Government to support the establishment of a SAB and to explore options for North Wales, internal discussions were held with the Regulation and Economic Service and YGC and a number of options for fulfilling the Council’s duties as a SuDS Approving Body were considered. For the reasons given in the report it was decided and it is recommended, that those duties should be undertaken internally with the Highways, Waste and Property Service using the arrangements of the Regulation and Economic Service for administration and YGC for resilience. This will require one administrative post to be filled immediately to deal with applications from 7 January, 2019. Otherwise until the income from SAB applications is sufficient to enable new posts to be created and filled, SAB duties will be combined with existing staff duties using YGC where the expertise and/or capacity does not exist at present.

The Interim Head of Highways, Waste and Property explained what a sustainable drainage system entails in ensuring that surface water run-off is made to drain away slowly via collection in ditches and water pools instead of draining away rapidly directly into the drainage system which in periods of heavy rainfall can be overwhelmed leading to flooding elsewhere in the system. From 7 January, 2019 as well as submitting an application under the normal planning process, developers  will also have to submit a SuDS application under a separate SuDS approval process if the development is for more than 1 dwelling or involves a construction area of 100 square metres or more. The Officer said that in looking at the options for carrying out SAB duties it was concluded that as much as possible of the SAB work should be done internally thereby providing a local service and in the long-term the potential for creating local jobs. By looking at historical planning applications on Anglesey YGC estimated that around 278 applications would have to be submitted to the SAB annually generating £171,160 of income against running costs of £168,551. A full time member of staff will have to be appointed to undertake administrative duties in January, 2019. Additional posts will be filled as and when income levels rise.

The Executive welcomed the scheme as much needed in helping to address some of the flooding issues experienced in Anglesey and elsewhere in recent times. In supporting the proposals the Executive also sought clarification of the following –

•           The process for determining SuDS applications

•           Whether there is a mechanism for appealing decisions

•           Whether the necessary technical expertise is currently available internally

•           The risk that developers in having to meet the cost of this additional application process may raise the issue of viability and seek to recoup those costs by reducing the affordable housing provision of a housing development.

The Interim Head of Highways, Waste and Property advised that the SuDS approval process is a similar but wholly separate process to the existing planning application process; SuDS applications however will not be determined by the Planning Committee. Officers intend to provide the Planning and Orders Committee with a presentation on the SAB system and how it links in with the Planning system. The process of approving a SuDS application is technical and requires expertise in the field; the duty is being appointed to Officers. Achieving consistency across North Wales in the determination of applications is being looked at with consideration being given to the possibility of dealing with appeals jointly with a neighbouring authority so that the message given to developers is also consistent. The Highways, Waste and Property Service is confident that it can work collaboratively with the Planning Service on the administrative aspects of the work given that it is very similar to the planning process; with regard to the more technical aspects the intention is to utilise the expertise of an existing member of staff in the short-term and if further or additional expertise is required to appoint YGC to assist at peak times. In the long-term the Service will monitor income levels and when they reach sufficient levels the Service will look at advertising and recruiting locally. The Officer highlighted that although there is support for the procedure in principle, concerns about the timescale and the lack of funding to establish and implement the new system initially have been reported to the Welsh Government in a letter and at a regional meeting. The new requirements will not affect the statutory duty to provide for affordable housing but because of the additional costs they could impact on a developer’s business plans in terms of what other provision the developer is able to make.

It was resolved –

•           That the statutory responsibilities of the SuDS Approving Body (SAB) will be prescribed to the Highways, Waste and Property Service.

•           That the responsibility and powers of the SAB under Schedule 3 of the Flood and Water Management Act 2010 be delegated to the Head of Highways, Waste and Property Services with the right to delegate further as appropriate.

•           That the right to establish a procedure for determining applications in accordance with the Legislation and Statutory Guidance be delegated to the Head of Highways, Waste and Property and the Head of Regulation and Economic Services.

•           That income produced from administrating SAB be earmarked for implementing the duties of the SAB.

•           That the right to create a structure and fill posts in order to carry out the duties of the SAB be delegated to the Portfolio Holder and the Head of Highways, Waste and Property.

•           That the right to revise the Scheme of Delegation in the Constitution to reflect this decision be delegated to the Monitoring Officer.