Sustainable drainage pre-application advice: terms and conditions

Buckinghamshire Council as a Lead Local Flood Authority (LLFA) are a statutory consultee in planning applications for all major development (as defined by the Town and County Planning (Development Management Procedure) (England) Order 2010) in relation to the management of surface water drainage.

The LLFA will be advising the Local Planning Authority on surface water flood risk matters and ensuring that surface water drainage schemes comply with the relevant technical standards and policies. BC will ensure, through the use of planning conditions or planning obligations, that there are clear arrangements in place for ongoing maintenance over the lifetime of the development.

Pre-application advice is highly recommended for all sites. It provides applicants with the opportunity to discuss surface water drainage requirements with the LLFA prior to submitting a planning application. By having these discussions early on in the planning process, applicants are ensuring that development space is used in the most efficient and cost-effective way possible and to create an attractive place to live and work.

The LLFA charge a fee for providing pre-application advice based on the terms and conditions contained in this document.

It should be noted that BC works closely with the Environment Agency and Internal Drainage Boards (where appropriate) in their role as consultees in the planning process and pre-application discussions with all parties at the same time could offer a time saving.

This guidance note contains the following:

1. Benefits of pre-application
2. Information required from the applicant
3. The service that the BC LLFA will provide
4. Charges
5. Standards of service
6. Additional information

The benefits of using our pre-application advice service, are that we can:

• helps to ensure that a drainage strategy and/or a flood risk assessment is complete and comprehensive and provides sufficient information
• advise on the suitability of the Surface Water Drainage Strategy against the National Planning Policy Framework, in particular Paragraph 163 and 165
• highlight possible gaps in data, information or reference to relevant evidence and indicate where engagement with other consenting bodies should be sought, such as Flood Defence Consent from the Environment Agency or Land Drainage Consent from the Internal Drainage Board
• ensure that from the information available an appropriate and effective drainage strategy can be implemented to meet SUDS, surface water and groundwater flood risk requirements
• reduce the need for costly changes to design and layout at the later stages should a satisfactory SuDS strategy not be outlined at an early stage

You can use our online service, to request pre-application advice.

A pre-application advice request must be accompanied by the following information: 

• location (incl. National Grid Reference)
• a brief description of the proposed development
• site details (incl. total site area and existing impermeable area) 
• type of application intended to be submitted (outline, reserved matters or full)

We would recommend a pre-application advice request is accompanied by the following information (if available):

• location plan
• site plan
• existing drainage plan (including overland flow paths)
• a topographical survey (mAOD)
• site details (including proposed impermeable area and site constraints) 
• an outline proposal including any surface water drainage
• flood risk assessment
• any further information the applicant feels that the LLFA should be aware of

The above information can be submitted when applying for pre-application advice online.

As the LLFA, we:

• provide guidance on meeting the requirements of the BC Developer Pack and other associated guidance documents
• provide guidance and information about the requirements regarding information to support a planning application to comply with Paragraph 163 and 165 of the National Planning Policy Framework and the Planning Practice Guidance (we are not the determining authority to confirm that a formal application is compliant)
• direct the applicant towards industry best practice guides
• provide honest, fair and clear comments and guidance on the content, construction and presentation of an application likely to satisfy Paragraph 103 of the NPPF and meet industry best practice

We also provide information about any current local flood risk schemes:

• that the new development may affect
• where development may provide an opportunity to reduce flood risk
• where the development is within or in the locality of a completed or ongoing Section 19 Flood Investigation
• where the development may contain Section 21 registered assets or features
• whether the site contains an Ordinary Watercourse
• whether a Section 23 (LDA) Land Drainage Consent may be required if the development involves carrying out works in proximity to, on, over or within an Ordinary watercourse (it is the applicant’s sole responsibility to apply for land drainage consent)

All fees paid are non-refundable regardless of whether or not a planning application is subsequently submitted.

Fees must be paid for work already incurred even if the intended application is abandoned at the pre-application stage.

The LLFA reserves the right to levy additional charges, for example, additional work is subsequently required which may not have been included in the fee estimate. Applicants will be advised of this prior to the work being undertaken

We aim to provide guidance and advice that is in line with relevant national planning policies and related technical guidance, our internal guidance documents (Developer Pack etc.) and industry best practise guidance.

Any advice received at the pre-application stage is based on the current extent of the knowledge of the LLFA and the information provided at that time. Comments are therefore made without prejudice.

The Strategic Flood Management team will respond to the pre-application request within 5 working days of receipt in order to confirm the following details:

• the pre-application request has been accepted by the Strategic Flood Management team
• the need for further information prior to commencement of the pre-application advice
• name and contact details of the SuDS officer handling your request
• if additional SuDS officers or experts will be required to assist in providing advice

If additional information is provided after the initial application for advice, this may result in a delay to the timescales set out below.

We will endeavour to provide written advice within 15 working days of receipt of a fully supported enquiry.

Arrangements for meetings and site visits will be made within 10 working days from receipt of the required information.

Should a follow up written response be required after a meeting/site visit this will be supplied to the applicant within 5 working days.

If a meeting or site visit is postponed for any reason, we will try to rearrange within 5 working days, however this is situation and resource dependent. Abortive site visits will be charged for.

Engagement with the pre-application service provided by the LLFA does not constitute a formal response or a decision should a formal application be submitted in the future.

You are reminded that this decision lies with the relevant local planning authority who is entitled to disregard any consultee response provided byus.

In addition, the LLFA does not guarantee that new issues will not arise should a formal application be submitted which may alter our response.

The LLFA reserves the right to provide a consultee response different to that provided to an applicant making use of this service. Advice given does not bind you as the applicant or bind or fetter the LLFA in the exercise of their statutory functions and any fees paid do not create contractual relations between the applicant and the council.

Consideration given to pre-application advice may decline over time where more up to date data, new information and any change to industry best practice and national policy may occur.

The LLFA will not be able to provide pre-application advice where an applicant has submitted a formal planning application to the local planning authority.

As a statutory consultee for surface water, the relevant local planning authority will formally consult us on an application to provide a formal response which is based upon the information submitted to the LPA. This response will then be provided to the applicant for consideration.

We will not comment on matters which fall under the statutory consultee remit of the Environment Agency, for instance works associated with main rivers.

Email: [email protected]

Sustainable Drainage
Strategic Flood Management
Buckinghamshire Council
Walton Street Offices
Walton Street
Aylesbury
Buckinghamshire
HP20 1UA