White Paper Sustainable Drainage Systems

ADOPTING A NEW
APPROACH
SUSTAINABLE DRAINAGE SYSTEMS CAN NOW BE ADOPTED AS SEWERS
BUT WHAT OPPORTUNITIES AND CHALLENGES DOES THIS BRING?

A WHITE PAPER PRESENTED BY

1
White Paper Sustainable Drainage Systems

INTRODUCTION

I
KEY FACT
t is more than two years since
Wavin and New Civil Engineer
brought you the previous 1 April 2020
report in their series of white Date the Design
papers on sustainable drainage and Construction
systems (SuDS). Yet while so Guide was
much has changed in the world since launched allowing
2019, progress on the use of SuDS in SuDS to be
England has been frustratingly slow. adopted under
Construction research body Ciria sewer guidance
states that sustainable drainage has
the potential to reduce flood risk and
pollution while increasing amenity
and developing habitat to encourage
biodiversity. It is hard to find an
organisation that actively opposes
the use of properly designed and
thought out SuDS.
Indeed, the previous white paper,
reported that three major documents
published in the summer of 2018 gave
real optimism that political will would
drive the issue into the mainstream
the following year.
First the Department for
Environment, Food & Rural Affairs
(Defra) published Surface Water Water companies can adopt SuDS but progress is slow
Management: An Action Plan. This
told local planning authorities that setting out hard and fast rules on force until 1 April 2020,” he says.
strategic flood risk assessments what each party has to do to. “Sewers for Adoption 7 had to be
“must consider flood risk from all Such positivity. Yet as you read this rewritten to align with the code and
sources including surface water”. in 2021, it is unlikely you are sat by a that took longer than first anticipated.
Water firms were informed that swale or pond being used to capture “Water UK hosted meetings with
they must ensure that drainage surface water runoff and deliver the representatives from the industry.
and wastewater management plans four pillars of boosting water quality, We went to London regularly for a
were fit for purpose and delivered managing flood risk and creating nice day just going through the changes
“significant improvements to drainage spaces for people and wildlife. discussed and reviewing and reviewing
of wastewater”. Put simply, SuDS are still not until everyone agreed with it.”
Then ministers updated the coming through in the volumes that Even when the code finally went
National Planning Policy Framework were anticipated and that many live – effectively enabling water
requiring schemes in areas of flood people believe are necessary. So, companies to adopt any sustainable
risk to “incorporate sustainable what happened? drainage element that meets the
drainage systems unless there is “Although Water UK issued a criteria set out in the attached
clear evidence that this would be draft document with an intention, DCG – there was a grace period
inappropriate”. circumstances overtook it and Sewers for developers.
Completing the trilogy, water for Adoption 8 never saw the light of “There was a six month period
companies trade association Water day,” explains Wavin product manager where you could continue applying
UK released a draft version of the Martin Lambley. “Eventually it was for permission through the old
eighth edition of its Sewers for subsumed into a bigger project and rules,” says Gale. “And there was
Adoption booklet, which said it would became appendix C of Ofwat’s Code no requirement under Sewers
“give guidance, for the first time, for Adoption, becoming known as the for Adoption 7 to offer SuDS for
on the design and construction of Design and Construction Guide (DCG).” adoption.”
sustainable drainage systems”. Wessex Water development This meant developers did not
The previous white paper said engineering manager Mike Gale have to comply with the DCG until
that there is no doubt that Sewers was involved in the creation of the October last year, with the knock-on
for Adoption 8 represents a major Code for Adoption – and it was a effect, according to Gale, that “water
breakthrough for SuDS campaigners, lengthy process. companies may not be clear about
helping overcome the concerns of “The DCG is effectively Sewers for the procedures or charges they would
developers and water companies by Adoption 8 and it didn’t come into use to adopt SuDS” until that point.

2
White Paper Sustainable Drainage Systems

Given the lengthy nature of

most planning applications and
construction processes, few
sustainable drainage schemes
designed specifically to meet the
needs of the new code and its DCG
will have appeared above ground yet.
As Lambley says: “We are still to
see whether this is the document
that answers the question about who
manages SuDS – and whether this will
make the breakthrough.”
That question is what this white
paper will attempt to answer.

HISTORY
First, let us not forget why this
matters. The first NCE/Wavin white
paper on SuDS, published in 2017,
looked back at floods in 2014, 2010,
2005, 1998 and even 1952 to highlight
the fact that not enough had been
done in between these events to
prepare for the next crisis.
It looked at a National Needs
Assessment (NNA) report published
in 2016 by a panel chaired by
then Institution of Civil Engineers There is concern other parties against the prompt experts, as well as polling more than
president Sir John Armitt. This about a lack enforcement of SuDS legislation 500 attendees of a webinar they
declared that the annual £920M cost of long term meant Schedule 3 was never held on the topic, and reading all
previously cited by the Environment planning to implemented by Westminster. Instead the available documents. This has
Agency to provide “optimum” long manage flood a softer system was introduced enabled them to come up with the
term flood and coastal erosion risk through the planning system, which best analysis possible on what next
protection could be reduced by “land many felt had too many loopholes to for SuDS.
use and catchment-wide measures”. be effective.
A study by the cross-party
Environmental Audit Committee
published the same year found “a
Pressure for rapid and powerful
enforcement of SuDS in developed
spaces grew. A Business in the
THE OFWAT CODE
Regulator Ofwat says on its website
lack of effective long term strategic Community report in 2017 used a that – following the lengthy process
planning about how to manage flood Ciria evaluation tool to calculate the of drafting and revising the text with
risk”, adding that the government potential benefits of a roll out across water firms – sewage sector guidance
“appears to be reactive rather than all schools and health centres in documents have been approved and
proactive” in this area. Greater Manchester. In the decade “form part of the Code for Adoption
Recommendations in the Pitt to 2028, a net present value of up to Agreements” from 1 April 2020.
Review, published following the 2007 £65M was estimated, with a possible Titled Sector Guidance in Relation
floods, mooted a range of changes to benefit to cost ratio of 2:1. to the Adoption of Sewerage Assets by
boost the use of SuDS. The Landscape Institute said on Sewerage Companies in England, the
Following this, the Flood & Water its website that SuDS should be main sewer sector guidance paper,
Management Act 2010 was published part of every local plan: “All new published in October 2019, states that
by the Labour government. Within it developments should integrate SuDS sewerage companies are “obliged by
was Schedule 3 which required the and there should be a comprehensive the code to comply with the sewerage
formation of SuDS Adoption Bodies programme of retrofitting SuDS.” sector guidance” adding that
(or Sabs) by local authorities. These In 2018 the trilogy of policy papers “any failure to do so may result in
would approve and then adopt was published and optimism grew investigation and sanction by Ofwat
surface water drainage in all relevant but, as we now know, the Ofwat Code under its regulatory powers”.
development projects. for Adoption has only recently come It goes on to say that rules to be
However, as the second white into force in a bid to truly take this adhered to include one that says
paper explained, a change of forward. that “all sewerage companies will
government and a wealth of So here we are in 2021. NCE and adopt sewers complying with the
arguments made by developers and Wavin have spoken to a range of requirements of the DCG” and makes

3
White Paper Sustainable Drainage Systems

“
I am optimistic
that this could
be the mechanism
we’ve been waiting for.
It’s a positive start

clear that all works referred to in the

guide can be carried out by third
parties.
So the DCG takes on great
significance – and it contains some
long awaited support for sustainable
drainage.
“Surface water drainage proposals
should fully explore the surface water
hierarchy and provide evidence to
support alignment with national
and local flood risk strategies and
policies before connection to a
sewer is considered,” it states. This
hierarchy says surface water should
be collected for use where possible,
with discharge to a body of surface
water preferable to sending flows into Government The guidance tells developers to A bigger hurdle comes in the form
combined sewers. guidance submit completed copies of relevant of utility opposition to the code’s
The guidance adds that the has led to an checklists from Appendix B of the latest sewerage guidance, according
National Planning Policy Framework expactation that Ciria SuDS Manual along with their to Lambley.
“gives an expectation that sustainable SuDS should section 104 adoption application. “Some water companies are being
drainage systems should be used as be used on new A management plan is required to very pragmatic about it, accepting
first preference in developments of developments outline maintenance proposals for that it is there and needs to be
any size”. soft SuDS components, along with a adjusted to, whereas others have
Later comes a passage that could long term vision statement for how been less positive about the change.”
have the potential to start unlocking certain elements such as wild flower So what happens if a water
the SuDS puzzle. grasslands are expected to develop firm goes against the guidance,
“This guidance provides the over time. or interprets it differently to a
mechanism by which sewerage Overall, surface SuDS features developer?
companies can secure the adoption designed to deal with a one in100 year “I think the industry feels that one
of a wide range of SuDS components rainfall event, taking into account of the water companies will put its
that are compliant with the legal climate change, and where provision foot down on an adoption request
definition of a sewer,” says the DCG. is made for flows to reach a particular and there will possibly be a legal
“This is a significant step change feature, will “normally be adoptable” case to establish a precedent,” says
which will deliver better managed says the guidance. Lambley.
and integrated surface water Thames Water business services
systems that align more closely with
the direction of government and
regulatory policy.”
REACTION
“I am optimistic that this could be the
and wastewater operations manager
Nick Ayling says his company is
“against calling SuDS sewers”.
A SuDS component is potentially mechanism we’ve been waiting for,” “We said there needed to be a
adoptable under the code as a says Lambley. “It is a positive start.” change in the law,” he explains. “We
sewer if it is built for the drainage He does say he would like to campaigned in 2019 for changes to
of buildings and their yards; has a see green roofs and permeable the Environment Act to allow water
channel with a definite boundary; paving included in the scope of companies to own SuDS as something
conveys and returns flows to a sewer, the sustainable drainage measures other than sewers. That has not
surface water body or groundwater; that water companies would adopt happened.”
and has an effective and lawful if designed correctly – as these do He expresses a lack of confidence
discharge into a watercourse, water not include channels they do not in the ability of the sewerage
body or land. currently qualify. guidance in the code to ramp up the

4
White Paper Sustainable Drainage Systems

“
Developers are There are
questions about
still unclear who takes
responsibility
how offering SuDS for for maintaining

adoption would benefit SuDS

them

use of SuDS in new development.

“If I’m honest I think it will make
very little difference in England.
There is a lack of government
legislation and an element of
interpretation over which SuDS and
how much of a SuDS can be classed
as a sewer and what people really
want to own and maintain.
“Some water companies might just
adopt a channel down the middle of
a dry pond that turns into a lake they local authorities, consultants, awareness,” said Lambley. “There are
don’t want to be responsible for. They developers and others – said they a number of factors.
don’t want to cut the grass banks. I were fully aware of the guidance and “First, the timescale from
think developers might get turned off were applying it. ratification in October 2019 to a go-
at the application stage when they The results showed that almost live of the document on 1 April 2020
see this is how it could work.” a year after the DCG went live, four was not long enough to get prepared.
Gale concedes that the code has in five people interested enough in Covid has also played a huge part
got off to a slow start, as water it to attend an event on it were still as the document went live a week
companies slowly switch from the old not using it. Speakers at the event after the country went into national
system to the new regime and gear suggested that a random poll of lockdown for the first time. And the
up for a new way of working. He adds developers not at the webinar could name of the new document doesn’t
that it is not just the utilities that potentially have shown an even more help anyone – everyone was calling
need to adjust. dismal level of awareness. it Sewers for Adoption 8 and the new
“I am pleased with the final DCG,” More than half of survey name just doesn’t resonate in the
he says. “It just needs everyone to respondents said they had no same way.”
get on board with it. A year after it knowledge of the changes that the Gale told webinar delegates that
first came out a lot of developers are DCG introduced from the Sewers for Wessex Water had made a concerted
unaware of what is in it. Adoption 7 document it replaced. effort to raise awareness of the new
“Developers are still unclear how These changes, of course, include the sewerage guidance and what it meant
offering SuDS for adoption would all-important requirement to adopt for adoption of sustainable drainage.
benefit them. When a planning certain properly designed and built “We need to get the message out
authority or lead local flood authority SuDS elements. there that maintenance of adopted
asks for above-ground SuDS features In fact, little over a quarter of those SuDS will be paid for in the annual
that affect the developer building the polled claimed to be fully aware that sewerage charge and there will be a
number of homes it wants to on a site some SuDS infrastructure could be one-stop shop for maintenance,”
– it can be a clash of priorities. adopted through the s104 process – he said.
“Until we can convince developers and just 5% had actually applied this “Most companies have held
of the benefits, I don’t think we’ll see approach. developer days. We’ve added banners
many SuDS coming through.” The survey also uncovered an to our website, we’ve put tags on our
alarming ignorance of water company emails. I hoped awareness would be

OPINION POLL DATA

Earlier this year, NCE and Wavin
stances on SuDS, with almost half
of the few who were aware of them
saying their local utility was against
higher but with the pandemic and the
lack of a proper launch event it will
take longer to get the message out
polled more than 500 registered adoption of sustainable drainage. there.”
attendees of a webinar on the topic of Wessex is taking giant strides
the sewerage guidance now forming
part of the Ofwat code.
Just one in five of these people –
AWARENESS
“I am not surprised by the
towards adopting sustainable
drainage on a bigger scale, Gale
added.
who represented water companies, survey results regarding a lack of “Up until publication of the DCG,

5
White Paper Sustainable Drainage Systems

we had very little internal knowledge Water companies

of adoption and maintenance of SuDS now have to learn
– it’s a big steep learning curve for us. how to maintain
We’ve had to change how we work. SuDS following
“We have already adopted SuDS adoption
such as attenuation tanks and we
have more SuDS schemes at the
design and construction stage. We
currently have agreements in place
which will adopt Suds features. We
have an internal SuDS policy and a
SuDS steering group.”
Ayling agreed that ignorance
was holding the code back. “Lack
of awareness is evident. People are
unaware of the code’s existence or
its requirements so we are having to
direct consultants to the Water UK
website,” he told delegates.
He also put this down to the “lack
of an official launch and the timing
of Covid” adding that “95% of the
code is the same as its predecessors
in terms of what you build on
site”. Developers continue to bury are seeing a lot of requests about how Lambley agrees that enacting
concrete pipes without considering SuDS products are integrated – and in this long dormant legislation is the
the cost, carbon and speed benefits others we are not seeing so much.” “solution many people would prefer”,
of plastic, for example, he claimed. The entire supply chain would and Gale concurs.
Ayling also raised three big have to play its part for sustainable And they are not the only voices
concerns that Thames Water has drainage to truly break through into behind the calls for a law change.
about adopting SuDS as sewers. the mainstream, he added. In February, MPs on the
“Sewers have an automatic right of “Is this perfect? Probably not. cross-party Defra select committee
connection, so a developer building But it is better than what we had called for a consultation on
adjacent to a swale has a right to previously. “From a design and “measures to improve the uptake of
discharge into that at any rate agreed developer point of view, they need high-quality SuDS features”.
at planning,” he said. to think about delivering the four This consultation “must include a
Adding that all private sewers pillars and not just being restricted legislative option, commencing with
connecting to the public network to SuDS components included in the Schedule 3 of the Flood and Water
were supposed to transfer to water DCG,” he added. Management Act 2010 or making
companies in 2011. Ayling warned “They need to deliver on best equivalent statutory provision” adds
that classifying SuDS as sewers now practice in sustainable drainage, not the committee in a report.
could lead to an “avalanche” of just what they can get adopted.” According to the committee report,
pre-dated maintenance claims. With so much disagreement and Water UK head of policy Rob Wesley
“Funding is a concern,” he added. uncertainty about how the sewerage told the MPs that the government’s
“Water companies are primarily design and construction guidance will decision to leave the legislation
funded to take sewerage flows away. be implemented with regard to SuDS, unused “cannot be regarded as a
They may not maintain SuDS as what is the next step? particularly successful 10 years”.
amenities. They could just make sure “The government has not created Written evidence submitted
they work, and SuDS could become legislation to enforce SuDS,” says by the water companies’ trade
overgrown.” Ayling. “A legislation change is association went further, stating that
needed to make the owner clearer.” “the legislation is still seen by our

THE FUTURE
Gale said Wessex Water had “made
As ever it appears that despite the
industry’s best efforts to drive to its
own destination on this, all roads lead
members to be the right approach for
the country”.
Ayling says that he understands
it clear that we will adopt any SuDS back to Schedule 3 of the Flood & Defra is considering bringing forward
which qualify as adoptable” and that Water Management Act 2010. a fresh consultation on introducing
the utility would then “deal with any “This has been enabled in Wales the long-awaited Schedule 3.
issues as they come forward”. so SuDS there are not sewers, they Although the department denied
Lambley said reaction to the code are owned by local authorities,” it was looking at such a consultation,
was “very geographic”. says Ayling. “I would like to see this it confirmed it was planning for the
“In some water company areas we enacted in England.” implementation of Section 42 of the

6
White Paper Sustainable Drainage Systems

“
The government APPENDIX Q: Will companies move to adopt
more nature-based solutions
has not created WEBINAR Q&A
imminently or in the future?

legislation to enforce
Mike Gale: We can only adopt what
A number of questions were is offered, so this will rely on the

SuDS. A legislation submitted to the panel on the Wavin

and New Civil Engineer webinar
planners encouraging these, and
developers/consultants building
change is needed to looking at the implications of the
SuDS guidance in the DCG. There
these into their designs.
Nick Ayling: Thames is very
make the owner clearer were too many to answer at the time
so here are as many as space allows.
supportive of the use of SuDS to
reduce volume and slow the flow into
our sewers and rivers.
Q: Please could you provide the
link to the website to enable me to Q: Are SuDS that primarily drain
Floods & Water Management Act, download the code? plot drainage and partly land
which would require all sewers to be Mike Gale: https://www.water.org.uk/ drainage adoptable under the
adopted before being connected to sewerage-sector-guidance-approved- new code?
the public network. documents/ Mike Gale: Yes, under the DCG
Ayling said 85% of new sewers a sewer can be adopted if it
currently remain in private hands, Q: The webinar refers to the title “predominantly” takes flows from
creating a risk to homeowners of Code of Adoption Sewerage but impervious areas draining buildings
costs for repairing infrastructure none of the Sewer Sector Guidance and yards. Wessex Water will allow
crossing their own and others’ land. documents refers to this title. Do we an element of land drainage to
Meanwhile the focus turns back to not need to get the title of the code be connected, and an element of
raising awareness of the current rules correct first? highway drainage. However, we will
as set out in the Code and its DCG. Mike Gale: The Code for Adoption not adopt anything that has been
“There is a need for an awareness Agreements is the Ofwat document designed to manage ground water or
campaign,” says Gale. that has unified the way all parties highway flows.
“We are trying to encourage get sewers adopted. The construction
planners to get developers to engage specification is the DCG which has Q: Are highway authorities
with us while they have a blank site replaced Sewers for Adoption 7. adopting SuDs?
so they can sort out drainage before Mike Gale: Possibly, but that is a
they go to consultants for site layout. Q: Is there a tracked changes question for them.
“This will also require members version of the code to help Nick Ayling: They may do if the
of the public to be clear on what understand where the changes are? SuDS are a primary part of the
they want so that in the local plans Mike Gale: There was a short highway – for example permeable
there are requirements for certain document produced by Water paving/infiltration trenches alongside
measures on certain sites.” Research Council which listed the A-roads and motorways that drain the
A spokesman for the Home changes, but I’m not sure if that is highway only.
Builders Federation said above- available publicly.
ground SuDS had proven “a great Nick Ayling: No there isn’t a tracked Q: Would water authorities adopt
unique selling point for developers version available. I have given SuDS from highway schemes too?
for some time”. But he added that numerous briefings on the main Mike Gale: If the sewer is
the drainage hierarchy meant it was technical and design changes and predominately designed as a surface
“perfectly acceptable” to discharge to common areas that are overlooked. water sewer, but there is an element
a combined sewer in certain cases. I’m happy to work with any of land or highway drainage, it could
“Future management is a key companies in the Thames area to be adopted.
issue in considering the appropriate increase this awareness. Nick Ayling: It depends on primary
solution, and developers work with use of flows – if they primarily come
planning authorities to agree the Q: If developer days are planned by from a highway drain then they don’t
most suitable solution for a particular water companies, what engagement fall under the definition of a sewer.
scheme and authority.” is planned for consultants? SuDS adopted by water companies
Lambley remains optimistic that Mike Gale: Although we called it a should be taking water from house
despite the delays and hurdles, developer day, we invited over 400 roofs and driveways.
sustainable drainage will eventually people who were a mix of developers,
have its day. consultants, and others. Q: Are/will these adopted asset
“In time there will be less and Nick Ayling: We held ours a couple types be reported to Ofwat in any
less underground surface water of weeks ago and consultants form – such as numbers and lengths
drainage and much more above outnumbered housebuilders. We of swales and rills; numbers of
ground,” he says. engage with our frequent customers soakaways, detention basins and
regularly. retention ponds?

7
White Paper Sustainable Drainage Systems

Mike Gale: Yes, every year we have containing checklists to help with whether we agree these legacy
to provide Ofwat with the network adoption applications. SuDS are ours to maintain or not.
which we have adopted, broken down Nick Ayling: I will feed back this
into sewer lengths and assets such request and problem back to the Q: What is the life expectancy of
as outfalls, sewage pumping stations, Codes Industry Panel – I agree it underground plastic tank cages
flow control. SuDS will be added to would be sensible for them to be before they need to be replaced?
this yearly register. consolidated in one place. How are issues of resident rats/
Weil’s disease addressed?
Q: Would you adopt a Swale with a Q: Mike, what can you share Martin Lambley: The standard
French drain beneath? regarding the arrangements for a in the certification is 60 years, but
Mike Gale: Yes, I believe so, but we third party to own the land but the once they’re designed correctly
would need to see the design. water company being responsible and buried there is not a lot that
for the surface asset? can go wrong. They become part of
Q: Are costs of SuDS charged back in Mike Gale: Unfortunately nothing the sewers system so the measures
the general sewage charges to all in definitive yet, those arrangements taken to prevent rodents in the
the water company area or back just are still being finalised. standard system would be included
to the owners on the development? in the tanks.
Q: In Wales we are now geared up to Unfortunately, you won’t eradicate
Mike Gale: Post-adoption tackling SuDS with SuDS Approving vermin from the system.
maintenance is covered in an annual Bodies. Do you not think England
sewerage charge. should move to this model? Q: With increases in extreme
Martin Lambley: I agree. weather events and flooding, what
Q: Is the ignorance on site deliberate Mike Gale: There may be benefits steps are being taken to prevent
due to cost? to go that way but we have a suitable regular sewer overflow discharge
Mike Gale: I believe that cost is system in place which we can run with. into rivers and the sea if SuDS are
one of the factors, and until we can discharged into sewers?
educate the developers about the Q: Mike, how many SuDS features Nick Ayling: Water companies
overall benefits of investing in these did you inherit as a result of the have been charged with drawing up
features, there may be a reluctance to Private Sewer Transfer in 2011 drainage water management plans.
offer them for adoption. given that there have been no We are looking at what we need to
changes to the legal definition of a do more to model and monitor real
Q: There have been a few sewer since 1991? time sewer operations so we can act
references to SuDS policies and Mike Gale: Our SuDS panel is actively before a sewer is breached.
position statements of water discussing whether we need to go There is lots to do. More stringent
companies, but these do not seem to back and identify which assets could planning requirements are required
be readily available online. Are they have transferred and we’ve looked for on plot/source control SuDS or
available to the public and where at as-constructed drawings back to re-use to reduce volumetric off-site
can they be found please? 2011, Google Maps, anything we can discharge.
Mike Gale: Wessex Water has its do to identify ponds, swales, basins Mike Gale: Storage is required for
policy on our website. The final that could be our responsibility and a 1-in-100-year event plus climate
version will be published in March then we have to decide as a company change.

A WHITE PAPER PRESENTED BY