Unlocking development potential through effective watercourse management

Overview

Developers must go beyond maintaining the status quo in managing watercourses to meet planning requirements, especially in light of recent legislation aimed at improving the natural environment amid the climate emergency.

Biodiversity Net Gain (BNG) is now a mandatory requirement for developments in England, necessitating improvements in the ecological and morphological quality of watercourses within project boundaries. Additionally, developers are obligated to protect external waterbodies under the Water Framework Directive (WFD).

Improving watercourses can also help resolve planning deadlocks caused by the Sequential Test. If a development fails this test, it may only proceed if it can pass the Exemption Test, which requires demonstrating that:

“The development that has to be in a flood risk area will provide wider sustainability benefits to the community that outweigh flood risk.”

And 

“The development will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall.”

Paragraph 178 of the National Planning Policy Framework (NPFF)

The legislation

• In England, Biodiversity Net Gain (BNG) is now mandatory under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021). The development must achieve a BNG of at least 10% so that more or better-quality natural habitat is created.
• In England and Wales, meeting the requirements for non-deterioration of water bodies under WFD is mandatory under The Water Environment Regulations 2017 (Water Framework Directive) (England and Wales) transposes the Water Framework Directive into UK laws, but it is also applicable in Scotland, Northern Ireland, and the European Union.

How can we help?

We have extensive experience in helping clients with water environment obligations, from national infrastructure projects to smaller residential developments. This diverse background enables our team to effectively address various project sizes and scopes.

Recognising that issues related to flood risk, nutrient neutrality, and the WFD require a multi-disciplinary approach, we collaborate with experts in aquatic ecology, landscape architecture, and ground engineering to provide comprehensive solutions while streamlining project management.