The planning system plays a vital role in creating resilient places, but the policy approach to managing flood risk in England is being fatally undermined by a series of recent appeal and legal decisions. These set a dangerous precedent which risk allowing an increase in housing permissions in areas at high risk of flooding.
The TCPA has concerns about the effectiveness of the ‘sequential test’ in practice, because it is too open to interpretation and weakened by poor understanding of its application across the sector. But regardless of its efficacy in the context of a climate crisis, it remains a fundamental safeguard to direct development away from flood risk areas. In practice, its weakening risks putting communities at real and unnecessary risk.
In this briefing note, we explore the potential implications of two recent planning appeal decisions that the TCPA is concerned represents a backward step in the interpretation of flood risk policy for planning.
