GovWire

You should always read theflood risk assessments if youre applying for planning permissionguidance before following this guidance. It tells you:

• when you need a flood risk assessment
• when you need a sustainable drainage systems (SuDS) strategy
• which advice to follow
• how to access flood risk information from the Environment Agency.

Local planning authorities (LPAs) should use the National flood risk standing advice for local planning authorities when reviewing flood risk assessments.

Check if your development needs to satisfy the sequential and exception tests

Before you start a?FRA, check if your development needs to satisfy the?sequential test.

The sequential test steers development to areas with the lowest flood risk. It compares your proposed site with other available sites to show which one has the lowest flood risk. The?LPA?may refuse planning permission if other, lower risk sites are identified.

When the sequential test is needed

A?sequential test?is required for major and non-major development (refer to?check the development class) if any proposed building, access and escape route, land-raising or other vulnerable element will be:

• in flood zone 2 or 3
• in flood zone 1 and theLPAs?SFRA?shows it will be at increased risk of flooding during its lifetime
• subject to sources of flooding other than rivers or sea

A development is not exempt from the sequential test just because aFRAshows it can be made safe throughout its lifetime without increasing risk elsewhere. SeeWhat is the aim of the sequential approach?

When development is exempt from the sequential test

Development is exempt from the sequential test if it is a:

• householder development like residential extensions, conservatories or loft conversions
• small non-domestic extensions with a footprint of less than 250 square metres
• change of use - except changes of use to a caravan, camping or chalet site, or to a mobile home or park home site

Development is also exempt from the sequential test if it is a development on a site allocated in the development plan through the sequential test and:

• the proposal is consistent with sites allocated use
• there have been no significant changes to the known level of flood risk to the site, now or in the future, which would have affected the outcome of the test

You may not need a sequential test if development can be laid out so that only elements such as public open space, biodiversity and amenity areas are in areas at risk of any source of current or future flooding.

How to apply the sequential test

You should speak to theLPAearly to discuss the sequential test and to determine an appropriate area of search for the test. The?LPA?should consider whether the test is passed, with reference to the information it holds on land availability.

You should also include information with your application to identify any other reasonably available sites not already identified by the?LPAwithin the area of search. This should include sites such as those currently available on the open market. The?LPA?may also require you to check on the status of alternative sites to determine if they can be considered reasonably available. Refer to guidance on?Applying the sequential test to individual planning applications.?Speak to the?LPA?to find out what further information may be needed on the sequential test.

If the sequential test is satisfied you need to check if the?exception test?also needs doing. Refer to What is the exception test?

When the exception test is needed

The exception test is needed for development with a?vulnerability classification?of:

• highly vulnerable in flood zone 2
• more vulnerable in flood zone 3a
• essential infrastructure in flood zone 3a or 3b

If the sequential test is satisfied, you need to satisfy both elements of the exception test before the?LPA?can permit the development

How to apply the exception test

Refer to:

• what is the exception test?
• when should the Exception Test be applied to planning applications?
• how can it be demonstrated that wider sustainability benefits to the community outweigh flood risk?
• how can it be demonstrated that development will reduce flood risk overall?

You need to provide the LPA with the evidence they need to check if both parts of the exception test have been satisfied.

The LPA may refuse permission if the sequential and exception tests, where relevant, are not done or not satisfied.

Check if you need any other permissions or consents

You may need a separate permit or consent if the development or any associated works such as site preparation or construction:

• are within 20 metres of a main river (including culverted main rivers), a flood defence or flow control structure
• directly affect a watercourse that is not a main river
• involve activity in the floodplain of a main river which could divert or obstruct floodwaters, damage any river control works or affect drainage, and potential impacts are not controlled by a planning permission
• are covered by regional flood defence and land drainage byelaws, where these are applicable

Check if you need permission to do work on a river, flood defence or sea defence. Do this as soon as possible to make sure you can get the necessary permissions.

Check if your development activity and location are covered by regional flood defence and land drainage byelaws by referring to thisstatutory guidance.

Flood risk permits or consents are often needed as well as planning permission. Getting planning permission does not guarantee youll also get a flood risk permit or consent.

If there is a watercourse (including culverted watercourses) on or next to your development site, you should also readowning a watercourse and your watercourse: rights and roles. These will help you understand your responsibilities and the rules you need to follow.

What to include in the flood risk assessment

YourFRAshould be:

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