Through the recent Regulation 18 consultation on the emerging Local Plan, we wrote to key infrastructure providers asking for comments.

In response to the consultation, South East Water has formally set out its position on water supply for the borough. In essence, they responded by saying they could not accommodate development above what they have already planned for.

This has required us to review how water infrastructure considerations are taken into account when determining planning applications, whilst also accounting for this in preparation of the next stage of the Local Plan.

Our adopted Managing Development and the Environment Development Plan includes Policy SQ5, which seeks to ensure that development can be adequately served by water and sewerage infrastructure.

In summary, Policy SQ5 requires that:

  • Development must be supported by adequate water and sewerage infrastructure, either already in place or capable of being provided, without harming services for existing users.
  • Planning permission will only be granted where sufficient off-site water and sewerage capacity exists, or where additional capacity can be delivered in time to serve the development.
  • Where there are capacity constraints and no planned infrastructure improvements, permission will only be granted if the necessary infrastructure is funded and delivered by the developer before occupation, in accordance with relevant legislation.

Historically this policy was considered to be met when planning applications were assessed and determined through Southeast Water’s Water Resources Management Plan, including the current plan (WRMP24).

However, South East Water’s response to the Regulation 18 Local Plan consultation has raised questions about whether sufficient water supply capacity can be assumed over the plan period, which lasts until 2042. As a result, the availability of adequate water supply to serve new development is now a material planning consideration that must be taken into account when determining planning applications.

What does this mean for planning applications?

Applicants submitting planning applications will now be required to demonstrate compliance with Policy SQ5 by clearly addressing whether there is adequate water infrastructure available, or whether it can be provided, to meet the needs of the proposed development.

This approach will apply to:

  1. New planning applications where water supply has not previously been considered in detail.
  2. Applications that already have a resolution to approve, where water capacity issues have not yet been addressed.

We are continuing to work closely with South East Water and the Ministry of Housing, Communities and Local Government to understand how water infrastructure needs can be met over the Local Plan period, and what measures may be required to ensure that development is supported by a reliable and sustainable water supply. We will provide updates on the Local Plan process ahead of a further consultation planned for later in the year.

In the meantime, applicants submitting planning applications are expected to address water infrastructure capacity as part of their proposals, we will reflect this consideration in the decision. Each application will continue to be assessed on its individual merits whilst recognising the need to ensure that sufficient water supply is available to support development.

Online briefing

To help explain what this means, Matt Boughton, Leader of the Council is holding an online briefing to outline the current position, how water supply is now being treated as a material planning consideration, and what applicants need to be aware of when submitting planning applications.

When registering for the event, you will have the opportunity to submit questions in advance for the Leader to consider during the meeting.

Taking place Wednesday 8 April 7:30–8:30pm

Register your place