Draft Planning Obligations Supplementary Planning Document

Ended on the 19 January 2023
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Flood Protection and Water Management


Provision or payment of works relating to flood protection and SUDs


F1. Policies NE09 and BE05 form the basis for seeking contributions for flood protection and surface water drainage infrastructure. In some cases, it may necessitate the use of planning obligations and Grampian conditions.

F2. Only where proposals demonstrate that it is not feasible to achieve full policy compliance within its site boundary or by way of condition, will delivery of, or contributions towards, strategic off-site SuDS projects be considered. In this instance, it is anticipated that a S106 agreement may be needed. These may need to alleviate any/all forms of flood risk and such techniques could include: Flood alleviate controls - new or enhanced provision such as flood plain, levees, reservoirs; bio-retention areas; wetlands; channels; detention basins; ponds; infiltration/filtration; green roofs; permeable paving.

F3. ECC as the LLFA only adopt SuDS in exceptional circumstances and further guidance is contained in ECC's SuDS Design Guide.

G1. SuDS is an important part of the Green and Blue Infrastructure; as such, Policy NE02 (part 4) regarding maintenance plan will also apply to the provision of this type of space on-site. Refer to further guidance on Green and Blue Infrastructure maintenance plan in this document.

Timing / triggers of provision or payment:

F4. There is no general rule for the timing of payments as each scheme will be judged on a case-by-case basis. Should off-site works be required, it is expected these would be in place prior to the first occupation or completion of the development.

Maintenance plans / payments

F5. Where ECC is not the SuDS adoption body, the Council will work with developers to identify an alternative SuDS adoption body which could include a Water Authority or private management company. The Council will work with the developer to secure the long-term maintenance of all flood risk protection and water management through a combination of planning obligation, planning condition and commuted sum payment, guaranteeing their long-term maintenance.


Policies NE09 and BE05 seek to ensure that development is not carried out in locations that are at risk of flooding and that developers look to incorporate sustainable drainage solutions within their developments.

Policy NE09 requires development to incorporate appropriate mitigation measures to address flood risk and where possible, reduce flood risk overall. Policy BE05 requires relevant developments to achieve a greenfield runoff rate to avoid any increase in surface water flood risk or adverse impact on water quality. As per the drainage hierarchy set out in Policy BE05, proposals are required:

  • in the first instance, to achieve this through infiltration measures;
  • secondly attenuation and discharge to watercourses, and if these cannot be met, through discharge to surface water only sewers.

This section provides clarity on when a S106 agreement may be required towards off-site SuDS projects.

The Essex SuDS Design Guide sets out practical guidance for new development to promote SuDS.

Policy background

Policy BE05 Sustainable Drainage

Strategic Policy NE09 Flood Risk

Site specific policies

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