8. The Sustainable Drainage (Enforcement) (Wales) Order 2018 and 9. The Sustainable Drainage (Appeals) (Wales) Regulations 2018

– in the Senedd at 5:51 pm on 13 November 2018.

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Photo of Elin Jones Elin Jones Plaid Cymru 5:51, 13 November 2018

(Translated)

I call on the Minister for Environment, therefore, to move the motions. Hannah Blythyn.

(Translated)

Motion NDM6858 Julie James

To propose that the National Assembly for Wales, in accordance with Standing Order 27.5:

1.  Approves that the draft Sustainable Drainage (Enforcement) (Wales) Order 2018 is made in accordance with the draft laid in the Table Office on 15 October 2018.

Motion NDM6859 Julie James

To propose that the National Assembly for Wales, in accordance with Standing Order 27.5:

1.  Approves that the draft Sustainable Drainage (Appeals) (Wales) Regulations 2018 are made in accordance with the draft laid in the Table Office on 15 October 2018.

(Translated)

Motions moved.

Photo of Hannah Blythyn Hannah Blythyn Labour 5:51, 13 November 2018

Diolch, Llywydd. The two items laid before the Assembly today are part of the regulatory suite that make sustainable drainage systems, or SUDS, a mandatory requirement on new developments from early next year. Both of these instruments have been introduced under powers contained under Schedule 3 to the Flood and Water Management Act 2010. A number of external organisations have contributed significantly to the development of this policy, and I'd like to take the opportunity to thank those representatives from local authorities, the Welsh Local Government Association, the Home Builders Federation, water companies and Natural Resources Wales.

The 2010 Act makes provision for the establishment of a SUDS-approving body or SAB to be set up within each local authority alongside their lead local flood authority duties. SAB approval will be required before construction of drainage systems can commence on new and redeveloped sites. The sustainable drainage enforcement Order provides for the enforcement of breach of the approval required in relation to drainage systems. The Order makes provision for the SAB or local planning authority to exercise powers of entry and issue enforcement notices or stop notices to a developer who breaches the requirement for approval. Similarly, it details enforcement for the failure to comply with such notices. It also provides for developers' right to compensation and right to appeal enforcement decisions to the Welsh Ministers, which in practice will be via the Planning Inspectorate.

Complementing the Order, the sustainable drainage appeals regulations provide for a right of appeal to the Welsh Ministers against the decision of a SAB in relation to applications for approval or in relation to the duty to adopt SUDS once constructed. The regulations detail the developers' right to appeal SAB approval and adoption decisions, set SAB procedures for appeals and their determination, and a power for the Welsh Ministers to affirm or substitute a decision made by the SAB.

In my statement on 16 October responding to storm Callum I stressed the importance of adapting to our changing and challenging climate in the context of flood-risk management. Flooding experience shows how quickly our infrastructure can get overwhelmed by heavy rainfall. Mandating the use of effective SUDS forms part of the response to these challenges, and implementing this legislation is vital to ensure long-term viability and to adapting to the challenges of climate change.

Llywydd, I commend this Order and these regulations to the National Assembly.

Photo of Elin Jones Elin Jones Plaid Cymru 5:54, 13 November 2018

(Translated)

There are no speakers in the debate on these two items. Therefore, I presume that the Minister doesn’t want to reply to the debate—no. Therefore, the proposal is to agree the motion under item 8. Does any Member object? The motion under item 8 is, therefore, agreed in accordance with Standing Order 12.36.

(Translated)

Motion agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 5:54, 13 November 2018

(Translated)

The question remaining is the proposal to agree the motion under item 9. Does any Member object? No. Therefore, the motion under item 9 is agreed in accordance with Standing Order 12.36.

(Translated)

Motion agreed in accordance with Standing Order 12.36.