Question to the Department for Levelling Up, Housing & Communities:

To ask Her Majesty's Government, further to the Written Answer by Lord Goldsmith of Richmond Park on 18 February (HL1314), whether local councils in their capacity as local planning authorities making decisions can refuse a planning application on the basis that the water and sewage company has not provided a system of waste water that satisfies the Environment Agency; and whether the Planning Inspectorate would be bound to uphold any such refusal.

A local planning authority, as the decision maker in the first instance, may refuse an application, having weighed up all the material planning considerations in accordance with the development plan for the area, unless other material considerations indicate otherwise. This decision may be appealed and allows the judgement of the local council to be tested independently by the Planning Inspectorate. Inspectors may come to a different view from the local planning authority and uphold an appeal, this does not mean that they have disregarded the views of the local authority or local residents – rather that they have attributed different weight to the issues in reaching their decision.

In coming to a decision, the local planning authority and an inspector will take into account the views of all parties submitted within the relevant timescales, along with local and national planning policy and guidance. Our planning practice guidance is clear that if there are concerns arising from a planning application about the capacity of wastewater infrastructure, applicants can be asked to provide information about how the proposed development will be drained and wastewater dealt with. There is also statutory provision for developers to fund additional sewerage infrastructure required to accommodate flows from a proposed development.