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

To ask the Secretary of State for Housing, Communities and Local Government, what assessment he has made of the potential impact of Section 106 obligations on developer funding for the (a) long-term maintenance or (b) adoption of sustainable drainage infrastructure where those assets fall outside the red line boundary of new housing developments.

The National Planning Policy Framework makes clear that developments of all sizes should use sustainable drainage techniques where the development could have drainage impacts. This is supported by National Planning Guidance which sets out that local authorities should be satisfied that all Sustainable Urban Drainage Systems (SUDS) have maintenance and adoption arrangements in place for the lifetime of the development.

It is the responsibility of local planning authorities to consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations when determining applications. All section 106 contributions must comply with the three tests in regulation 122 of the CIL regulations (necessary to make the development acceptable in planning terms, directly related to the development; and reasonable in scale and kind). Infrastructure such as SUDS, which can lie outside the red line boundary of new housing developments, can be capable of being funded by section 106 contributions where it meets the statutory tests.

National design guidance, which is part of the Planning Practice Guidance, also explains that well-designed places are designed and planned for long-term stewardship, and well-managed and maintained by their users, owners and other stakeholders.