Agenda item

Written question from Councillor Robin Stuchbury to Councillor Peter Strachan, Cabinet Member for Planning and Regeneration and Councillor Gareth Williams, Deputy Leader and Cabinet Member for Climate Change and Environment

Sewage Infrastructure/Capacity with planned development

“Could the Cabinet Members please provide an explanation about the arrangements in place to check on the adequacy of sewage infrastructure/capacity, and on any likely sewage discharge and other impacts on local rivers and streams (e.g. River Ouse, Buckingham), when granting planning permissions for developments?  Related to this, what can the Council do, e.g. by liaising with local water companies such as Anglian Water, relating to the output outflows of sewage from developments?”

Question from Councillor Robin Stuchbury to Councillor Peter Strachan, Cabinet Member for Planning and Regeneration and Councillor Gareth Williams, Deputy Leader and Cabinet Member for Climate Change and Environment

“Could the Cabinet Members please provide an explanation about the arrangements in place to check on the adequacy of sewage infrastructure/capacity, and on any likely sewage discharge and other impacts on local rivers and streams (e.g. River Ouse, Buckingham), when granting planning permissions for developments?  Related to this, what can the Council do, e.g. by liaising with local water companies such as Anglian Water, relating to the output outflows of sewage from developments?”

RESPONSE from Councillors Strachan and Williams

I’d like to thank Cllr Stuchbury for raising this question as it affords me the opportunity to clarify the role of the planning authority when it comes to sewage infrastructure capacity.

Development’s that require a Planning Application:

Developers are required to demonstrate in their planning application submissions that there is adequate infrastructure capacity both on and off site to serve the development and that it would not lead to adverse amenity impacts for existing or future users. Developers are therefore strongly advised to liaise with the relevant water company ahead of any planning application being made.

All water companies have a legal obligation under S94 of the Water Industry Act 1991 to provide developers with the right to connect to a public sewer regardless of capacity issues. Furthermore Section 91(1) of the Act in effect makes it impossible for water companies to object or for the council to refuse the grant of planning permission for development on the grounds that no improvement works are planned for a particular area.

If there is a lack of capacity, then the planning authority in consultation with the sewerage undertaker can take steps to ensure that there is no commencement and/or occupation of development until the capacity of the existing sewerage systems is demonstrated to be sufficient to accommodate the proposed development. This may be by imposition of a Grampian condition, which restricts development until certain specified events have taken place.  We are however reliant on the specialist advice of the relevant sewerage undertaker and if they raise no objections at the planning application, then as Planning Authority we cannot justify imposing such a Grampian condition.

Ultimately the water companies have a statutory duty under section 94 of the Water Industry Act to plan and implement any works that are necessary to ensure the network of sewers continue to operate satisfactorily once they have received notification that a developer intends to exercise their right to connection.

VALP Planning Policy:

Policy I5 in VALP looks to ensure wastewater collection and treatment has sufficient capacity and there are a number of allocations with requirements to provide a foul water strategy:

We are reliant on the specialist advice of the relevant sewerage undertaker, as a consultee in the planning process, in determining the adequacy of the existing network including available capacity and the timing of any necessary improvements required to serve the development. 

Building Regulations.

Drainage subject to Building Regulations, where the Council is providing the Building Control service  is well controlled. The design capacity for foul and surface water drainage for new buildings and new building work is set out under Part ‘H’ of the Building Regulations. Buckinghamshire Council receives around 4,000 applications for Building Regulations approval and inspects all drainage to ensure compliance with Building Regulations. Many of these projects do not require planning permission but do require Building Regulation approval (Building Control). This is how the Council ensures that there is no misconnection of surface water drainage or foul drainage from buildings. Building Regulations control design capacity up to the point of connection with the Public Sewer, which is the responsibility of the water companies.