Issue - meetings

As detailed in the recommendations, with the following added to recommendation 1: “and authority be delegated to the Chief Officer (Planning, Environment and Economy) to issue decisions in respect of applications for approval made to the SAB”.

Councillor Bithell introduced the Sustainable Drainage (SuDS Approval Body (SAB) report which highlighted that the implementation of Schedule 3 of the Flood and Water Management Act 2010 had a start date of 7^th January 2019.  From this date Flintshire County Council would be required to undertake the role of a ‘Sustainable Drainage (SuDS) Approving Body’ (SAB).

            Under the statutory function the SAB was required to undertake a technical review and approval of surface water management systems serving new developments to ensure compliance with new mandatory National Standards.  Those affected by the change would include developers and their designers, consulting engineers, local authority planners, highways and drainage engineers, statutory consultees and those responsible for green space management.

            The Chief Officer (Planning, Environment and Economy) explained that the SAB would be an independent body within the local authority.  Whilst the process would be separate from the planning application function a lack of adequate integration between the two could lead to the conflicting scenarios of a SAB approval not being granted where planning permission had been, or vice versa.    

            The full extent of the risk of not having a functioning SAB on 7^th January 2019 remained largely unknown and would be likely to leave the Authority open to legal challenges and appeals from developers with associated cost implications.  It was therefore recommended that a letter be sent to the relevant Cabinet Secretary to seek an extension to the implementation date.

            Members expressed their concerns on the risks outlined in the report and supported the request for an extension to the implementation date.  The Chief Officer said he had no objections to the principle of the SAB, but more details were needed.  He responded to a comment on capacity and said that a fee was generated for each scheme. He would share the letter to the Cabinet Secretary with other local authorities to encourage common support.

RESOLVED:

(a)       That approval be given to establish the SuDS Approving Body (SAB) to undertake this new statutory function upon commencement of Schedule 3 of the Flood and Water Management Act on 7^th January 2019, and authority is delegated to the Chief Officer (Planning, Environment and Economy) to issue decisions in respect of applications for approval made to the SAB;

(b)       That a letter is sent to the relevant Cabinet Secretary to seek an extension to the implementation date and to properly resource Local Authorities to enable them to successfully plan and implement effective SABs;

(c)        That the letter is circulated widely amongst other Local Authorities to encourage common support for such an extension of time; and

(d)       That a Member and Officer seminar/workshop is undertaken in addition to a Developer  Forum to raise awareness of the upcoming changes.