The petition of residents of the constituency of Henley,
Declares that there is considerable concern about the increased impact of flooding in the village of Shiplake as a result of the actions being taken by Taylor Wimpey in relation to a development at Thames Farm; further declares that the developers are increasing the flood risk by filling in sink holes and injecting these areas with a grout-like substance to reinforce them which makes the chalk less porous; further that the developers are diverting floodwater to a brook in Flood Zone 3 in the village via a new pumping station at the north-eastern corner of the site; and notes that this petition is presented on behalf of two individuals of the village of Shiplake whose corresponding online petition has been signed by some 999 signatories.
The petitioners therefore request that the House of Commons urge the Government, in particular the Ministry of Housing, Communities and Local Government, to request South Oxfordshire District Council to ask Taylor Wimpey to submit a Material Variation Application because the change in the drainage solution is such a major departure from the original approved scheme, and to encourage public consultation as part of the approval of the drainage works, and to look at the change as a material variation in application.
And the petitioners remain, etc.—[Presented by John Howell, Official Report, 8 December 2020; Vol. 685, c. 804 .]
[P002636]
Observations from The Minister for Housing (Christopher Pincher):
The Government national planning policy framework (NPPF) is clear that inappropriate development in areas at risk of flooding should be avoided by directing development to areas at lower risk. Where development in a high-risk area is necessary, sufficient measures should be taken to make sure homes are safe, resilient and protected from flooding and do not increase flood risk elsewhere.
The appropriate place to identify flood-risk areas is in the strategic flood risk assessment which should inform the development of plan policies to manage flood risk from all sources, taking account of advice from flood risk management bodies and technical input from expert bodies such as the Environment Agency (EA), lead local flood authorities (LLFA) and water and sewerage companies.
A site-specific flood risk assessment (SSFRA) should also accompany all planning applications in flood risk areas. The assessment should identify all flood risks, to and from the development, and demonstrate how these will be managed, so that the development will be safe and not increase flood risk elsewhere.
The decision on a planning application is for the planning authority to take as the decision taker in the first instance in accordance with the development plan, having weighed up all the material planning considerations, including advice received from flood risk management bodies and any SSFRA. Local councils should notify the Environment Agency of the decision on any planning application where the agency has objected on flood risk grounds.
The Government note the petition requests the submission of a material variation application for the development in question. Local planning authorities act independently of central Government and the Government has no power to request that developers submit such an application. An application can be made under section 73 of the Town and Country Planning Act 1990 to vary or remove conditions associated with a planning permission. One of the uses of a section 73 application is to seek a minor material amendment, where there is a relevant condition that can be varied. There is no statutory requirement to consult on the variation of a condition, but local planning authorities have discretion in whether they choose to seek the views of interested parties on such applications.
The Government are committed to building the homes the country needs but we are clear that appropriate planning is required to ensure that new homes are sustainable, safe and resistant to flooding. We are reviewing our policy for building in areas at flood risk, this will seek to ensure that communities across the country know that future development will be safe from floods. We will assess whether current protections in the NPPF are enough and consider options for further reform, which will inform our wider ambitions for a new planning system.