3. Efficient and sustainable use of water

This section describes the mechanisms for the efficient and sustainable use of water.

Under the WFD Regulations there is a requirement for measures to promote use of water efficiently and in a way that can sustain future supplies. Mechanisms for the efficient and sustainable use of water include the following.

Water Resources Act 1991 Part II regulates abstraction, impounding and drought management.

Water Industry Act 1991 Part IIIA establishes general duties for protecting, managing the quality and sufficiency of supplies and promoting efficient use of water.

Water Act 2003 s 81-83 establishes a duty for the Secretary of State to encourage water conservation and for public authorities (including local authorities and statutory undertakers) to take into account, where relevant, the desirability of conserving water supplied or to be supplied to premises; includes:

  • promoting water efficiency through exercise of their land use planning functions
  • production of development plans
  • control of development

Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 (as amended); set the legal framework for:

  • deciding planning applications
  • developing local plans

The Planning Act 2008 defines “nationally significant infrastructure projects”; which must be authorised by means of a Development Consent Order (DCO):

  • processed and examined by the Planning Inspectorate
  • DCO made by the relevant Secretary of State

National Planning Policy Framework (NPPF), 2021; Planning Practice Guidance (PPG), 2019 and National Policy Statements:

  • NPPF sets out the government’s planning policies for England, and how these are expected to be applied
  • presumption in favour of sustainable development

  • NPPF considerations include:

    • contributing to protecting and enhancing the natural, built and historic environment
    • helping to improve biodiversity and use natural resources prudently
    • minimising waste and pollution; mitigating and adapting to climate change including moving to a low carbon economy
    • providing planning policy to protect against water pollution
  • National Policy Statements provide policy on water resources and water quality for developments considered nationally significant infrastructure

Environment Act 1995 s 6(2) places a duty on the Environment Agency to conserve, redistribute or augment water resources and to secure their proper use including their efficient use.

The Environment Act 2021 sets out that the production of Drainage and Wastewater Management Plans will be made statutory.

Development plans and planning decisions can help to achieve the environmental objectives of the river basin management through the approaches outlined as follows.

Development Plans must be prepared with the objective of contributing to the achievement of sustainable development, as required by s39 of the Planning and Compulsory Purchase Act 2004, (as amended).

The NPPF must be taken into account in the preparation of local and neighbourhood plans and is a material consideration in planning decisions. The framework states that planning policies and decisions must reflect relevant international obligations and statutory requirements. The framework sets out that the purpose of the planning system is to contribute to the achievement of sustainable development and the policies in the framework read as a whole constitutes what sustainable development in England means in practice for the planning system. It also sets out a presumption in favour of sustainable development for both planning making and decision taking. For decision making, this means that approving development proposals that accord with the development plan without delay.

Where the development plan is absent, silent or out of date, granting permission unless adverse impacts of the development significantly and demonstrably outweigh its benefits or specific policies in the NPPF indicate the development should be restricted. In terms of water policy, it states the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from or being adversely affected by unacceptable levels water pollution.

The framework also states that local planning authorities should adopt proactive strategies to mitigate and adapt to climate change, taking full account of water supply and demand considerations. Local planning authorities are expected to include strategic policies in their local plans for the provision of infrastructure, including for water supply and waste water.

The government’s Planning Practice Guidance supporting the framework refers to the multiple benefits provided by a healthy water environment and states adequate water and waste water infrastructure is necessary to support sustainable development. It highlights that local planning authorities must have regard to river basin management plans in exercising their functions (under The Water Environment Regulations 2003); and advocates a catchment based approach to managing water resources through the planning system. It also sets out the water supply considerations in applications for planning permission.

National Policy Statements are being produced for the following types of infrastructure, with the majority now published. These include the following.

Energy National Policy Statements:

  • overarching energy
  • renewable energy
  • fossil fuels
  • oil and gas supply and storage
  • electricity networks
  • nuclear power

Transport National Policy Statements:

  • ports
  • road and rail networks
  • aviation (not yet published)

Water, waste water and waste National Policy Statements:

  • water supply (not yet published)
  • hazardous waste
  • waste water treatment

Each provides policy on water resources and water quality for nationally significant infrastructure projects. There are also specific National Policy Statements about water supply (not yet published) and waste water treatment.

All new homes must meet the mandatory national water efficiency standard set out in the Building Regulations 2010 (of 125 litres per person per day). Where there is a clear local need, local planning authorities can set out, in Local Plans, policies requiring new dwellings to meet the optional requirement under the Building Regulations 2010 of 110 litres per person per day. Where there is an existing plan policy which references the former Code for Sustainable Homes, authorities may continue to apply a requirement for a water efficiency standard equivalent to the nearest new national technical standard until the plan comes up for review. For local plans adopted after 1 October 2015, the optional new standard should only be required through a Local Plan policy if it addresses a clearly evidenced need, and where the impact on viability has been considered. The Environment Agency, who is consulted on all local plans, will advise local planning authorities on a case by case basis.

Local economic planning is led by combined authorities, local authorities and local enterprise partnerships. They set out the priorities for growth, identify where funding can be best used to support those priorities and, where needed, bid into competitive funds provided by Government. Domestic growth funds have evolved over recent years. The Levelling Up Fund and the United Kingdom Shared Prosperity Fund are important sources of funding for growth, worth £4.8bn and £2.6bn to 2024/25 respectively. Environmental improvement is within scope for these funds, but there is no ring fencing of funding for the environment within them. This means that robust cases will need to be made for investment in the water environment.

The Levelling Up White Paper was published in February 2022. The White Paper signals more and deeper devolution of powers to the local level. New arrangements for local delivery and governance could provide new opportunities for better local water management.