A Bluffer's Guide to Schedule 3

We don’t have all the answers at R-LA, but we hope we might shed some light on Schedule 3 and what it means for developers and designers

What is Schedule 3?
Schedule 3 is a framework for the adoption of sustainable drainage systems (SuDS) for new developments that was written into the Flood and Water Management Act 2010. However, it was never implemented in England.

Where did SuDS go?
SuDS were redirected in 2015 to the National Planning Policy Framework (NPPF) where they have been encouraged but not enforced. Concerns arose that the design and construction standards of SuDS were often lacking and that these systems were then abandoned as soon as the developer left the site making them almost completely ineffective within a short space of time.

What would Schedule 3 mean?
In January 2023, the government announced its ‘commitment’ to implementing Schedule 3 in the UK.

Currently Schedule 3 would mean that:

SuDS would become the default option for surface water drainage on new developments (more than 10 houses).
The automatic legal right to connect surface water drainage to nearby sewage infrastructure would be removed.
The design, construction, operation and maintenance of these systems would be approved by a SuDS Approving Body (SAB) before any construction on site. SAB will most likely be set up within local authorities.
The operation and maintenance cost of SuDS adopted by the SAB

Why is it important?
For developers we believe that Schedule 3 could present a great opportunity to invest in both the biodiversity of a site and its potential to mitigate the effects of climate change through the implementation of nature-based SuDS. Developers need to be advised by landscape architects and engineer’s who have their ears to the ground when it comes to the latest national standards.

As landscape architects, we believe this is a crucial step for all developments to help relieve the pressures of climate change, reduce surface and sewer flood risk, improve water quality and harvest rainwater to meet current and future population demands.

Is Schedule 3 in place anywhere else in the UK?
Yes, in January 2019, Wales adopted Schedule 3. There are important lessons that England can learn from her neighbour, but it is a step in the right direction and Westminster would be mad to miss this opportunity.

What is missing from Schedule 3?
As it stands, the language is fairly ambiguous. For example, nature-based SuDS are not specifically mentioned. A dramatic increase in underground tanks is not what we need.

At the time of writing, it is unclear what exactly is being discussed by DEFRA when it comes to Schedule 3. We are presuming that the January 2023 review is the starting point for discussions, and we hope that the current Minister, Steve Barclay, will echo his predecessor, Therese Coffey (2002-2023) when she said ‘I think we need to go further with sewerage connections and fully embrace nature-based solutions to help with this.’

CIRIA is working with DEFRA to rewrite the 2015 SuDS Manual and we are hopeful that nature-based solutions will play a big part.

What’s next?
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