New Housing: Flood Risk

Baroness McIntosh of Pickering Excerpts

Thursday 26th February 2026 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I am sure that my colleagues in local government, who address these issues every day through the planning system, as the noble Lord will be well aware, are more than alert to this issue. When the new authorities are set up, they will have more resilience in their planning functions because there will be fewer of them and they will be able to focus on planning issues using the capacity funding that the Government have put into planning. As importantly, there will be a strategic level enabling planning across a combined authority area, which will make sure that issues of flood risk are taken into account right from the strategic level to the local plan. We are developing our new National Planning Policy Framework and making sure that it supports local authorities to do just that.

[Baroness McIntosh of Pickering (Con)]

My Lords, the noble Baroness referred to the sequential test. She will be aware that that was overturned recently in the case of Gladman in the High Court. Will her department respond to that case and ensure that the sequential test is met in every case?

[Baroness Taylor of Stevenage (Lab)]

That High Court judgment has been raised in recent debates on the English devolution Bill. I cannot comment on specific cases, but the case does not disapply the strong protections in the National Planning Policy Framework relating to development in areas of potential flood risk. The sequential test is a procedural step to assess relative degrees of risk and is used to steer development to areas of lower risk where possible. However, where development is necessary in such areas, the framework is clear that it should proceed only if made safe for its lifetime, without increasing flood risk elsewhere, which is the other danger. I reassure the noble Baroness that the sequential test remains firmly in place as part of the planning process.