Alex Cunningham – 2016 Parliamentary Question to the Department for Communities and Local Government
The below Parliamentary question was asked by Alex Cunningham on 2016-02-19.
To ask the Secretary of State for Communities and Local Government, if his Department will review planning permissions granted to developments that are yet to be started on floodplains that have been affected by recent flooding.
Brandon Lewis
It is primarily the responsibility of local planning authorities to determine applications for planning permission. The National Planning Policy Framework is clear that local planning authorities should avoid inappropriate development in areas at risk of flooding by directing development away from areas at highest risk, including floodplains. If there are better sites in terms of flood risk, or a proposed development cannot be made safe, it should not be permitted. Any new buildings that are permitted in flood risk areas should be appropriately flood resistant and resilient.
Local planning authorities and developers are best-placed to understand the details of the development proposed and the local circumstances and risks to determine if a review is needed. It is in the interest of both the local planning authority and the developer to review a planning permission that has yet to be implemented in an area affected by the recent flooding. This can lead to an entirely new planning application being submitted by the developer to deal with the flooding issues now known. If adjustments can be made to the development, an application to make a non-material amendment under section 96A of the Town and Country Planning Act 1990 may follow. This would allow the local planning authority to impose new conditions and remove or vary conditions attached to an existing planning permission, and may include a requirement to submit an updated flood risk assessment.
If needed, local planning authorities also have powers under section 97 of the 1990 Act to make an order revoking or modifying a planning permission, prior to completion of the development.
