Environmental protections don’t halt development – so where’s Schedule 3?

30 June 2025

Why it’s time to finally begin mandating sustainable drainage systems through Schedule 3 of the 2010 Flood and Water Management Act

As Environmental protections have often been cited as barriers to development – but new government analysis suggests otherwise. Recent findings from Whitehall confirm what many in the sector have long argued: that there is little evidence that planning requirements linked to nature protection, like biodiversity net gain (BNG), are delaying the delivery of new housing.

For those working to futureproof the built environment, this marks an important opportunity to refocus the conversation. Rather than sidelining environmental standards to accelerate construction, this clarity should pave the way for stronger legislation and, crucially, faster implementation. One of the clearest opportunities to do this lies in finally delivering on a promise made over 15 years ago: the implementation of Schedule 3 of the 2010 Flood and Water Management Act.

Strong in principle, weak in practice

In recent years, the conversation around the built environment has shifted, with an increasing focus on embedding sustainability into the fabric of urban planning. Policies such as BNG represent real progress, ensuring new developments enhance biodiversity rather than simply preserving it. However, its impact depends entirely on effective, timely implementation.

The government’s latest housebuilding package, designed to unlock development on smaller sites, proposes easing BNG requirements for developments under 50 homes. Meanwhile, the recent Planning and Infrastructure Bill introduces a Nature Recovery Fund, allowing larger developers to contribute financially instead of delivering biodiversity improvements directly on site. While these measures may streamline the planning process, they risk sidelining vital environmental protections – and with them, the essential natural safeguards that future communities rely on.

Efforts to support builders, especially SMEs, are much needed. Yet, there is a real danger that relaxing environmental standards turns meaningful protections into procedural tick-box exercises. If we want to deliver new homes that are resilient for the future, while meeting climate and nature goals, the priority should be better, not weaker, execution.

A missed opportunity for resilience

Effective environmental protections are key, not only to preserving biodiversity, but also to ensuring new developments are resilient to the impacts of a changing climate. One of the clearest areas where stronger, faster implementation is urgently needed is surface water management.

As weather patterns shift and extreme rainfall becomes more common, urban centres are increasingly vulnerable to surface water flooding. Dense developments, combined with inadequate, ageing drainage infrastructure, leave communities exposed – costing the UK economy an estimated £2.4 billion annually, according to a recent report by Public First.

To address these challenges, it’s critical that developments consider surface water management, through solutions like sustainable drainage systems (SuDS), in the initial planning phase. Passed as part of the Flood and Water Management Act in 2010, Schedule 3 was designed to result in new developments having SuDS in place. Despite being on the horizon for over a decade, however, implementation has repeatedly stalled, with each delay representing a missed opportunity to future proof communities and infrastructure.

Installing sustainable drainage | © Wavin

Flooding is not a distant threat – rather, it’s a growing and present danger across our urban centres. Without mandatory SuDS, developments are not being built to meet the realities of the climate crisis. The result is not just environmental damage, but real financial and social costs – from payouts and infrastructure repairs – to the toll on affected communities.

Homebuyers themselves are increasingly aware of these risks. Research from Wavin shows that 99 per cent of prospective buyers consider flood resilience a key consideration when purchasing a property. With hundreds of thousands of homes across the UK becoming potentially harder to insure, 99 per cent of potential new-build buyers also say insurance premiums are an important consideration.

A solution within reach

There is no shortage of innovation, technology or expertise across the built environment. What’s lacking is the coordinated action needed to turn policy into practice.

Environmental regulation, far from being a blocker, is a key facilitator of modern, resilient development. By mandating SuDS through Schedule 3, the government would be providing developers with a clear framework and long-term certainty, allowing them to integrate water resilience into the earliest stages of planning and development.

Engineered water management solutions can play a key role in bolstering defences against the worsening climate crisis. SuDS solutions are designed to work in harmony with green infrastructure – storing and slowly releasing surface water, supporting biodiversity and reducing flood risk. These systems are modular, scalable and can be easily integrated into new or retrofit developments.

For developers looking to get ahead of future compliance and legislation – and build homes that will stand up to the pressures of climate change – there’s no reason to wait, and there’s often a solution for each property or development type. By making sustainable drainage simpler to implement and introduce whilst legislation is on hold, manufacturers can help developers to meet today’s challenges whilst preparing for the climate realities of the future.

Moving forward

The government’s own analysis is clear: environmental regulation is not a barrier to growth. In fact, when properly implemented, it lays the foundations for a more robust and future-ready built environment.

As momentum builds around the importance of sustainability and resilience, this is the moment to strengthen environmental policy and accelerate its implementation – not water it down.

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Martin Lambley is senior product manager for urban climate resilience at Wavin