Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Communities and Local Government, what plans his Department has to increase penalties for building houses on flood-plains.

The Government has been clear that all local planning authorities are expected to follow the strict tests set out in the National Planning Policy Framework to protect people and property from flooding. The Framework is clear that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk. Where development is necessary in a flood risk area, it must be demonstrated that it will be safe, without increasing flood risk elsewhere, and be appropriately flood resilient and resistant. We are clear in our planning guidance supporting the Framework that where these tests are not met, new development should not be allowed.

Local planning authorities have a wide range of powers to tackle breaches of planning control. Failure to comply with a planning condition would normally be dealt with by serving a breach of condition notice, or an enforcement notice requiring the recipient to remedy the breach. The penalty for failing to comply with a breach of condition notice is a fine of up to £2,500 on summary conviction. For failure to comply with an enforcement notice, it is an unlimited fine. Full details of local authority’s enforcement powers can be found at: https://www.gov.uk/guidance/ensuring-effective-enforcement