Water companies should be statutory consultees, says Stuart Anderson MP
Stuart Anderson MP has said that water companies should be statutory consultees with the right to comment on planning applications for future development. He said that the right would empower water companies to properly plan water supplies at a detailed level beyond the scope allowed at the local plan making stages. It follows increased concerns raised about developments not being able to connect safely to existing pipes which are often from the Victorian era and proving inadequate in the light of increased water consumption.
Under Section 37 of the Water Industry Act 1991, water companies have a duty to “maintain, improve, and extend” their water supply networks to account for future water needs. Yet, they are effectively excluded from the planning system. They are not listed as ‘statutory consultees’; their only right to statutory consultation is when it comes to setting local plans (broader frameworks for meeting housing needs) and where a local authority has prepared a draft Local Development Order in which the interests of water/sewerage companies are likely to be affected. Without meaningful involvement at a more granular level, water companies lack the necessary means to raise concerns about new developments.
Only the Secretary of State can make changes to the list of statutory consultees through secondary legislation. During passage of the Levelling Up and Regeneration Act 2023, the government at the time committed to consulting on whether water companies should become statutory consultees on individual planning applications and, if so, how this could be best facilitated. It then reiterated this commitment in its integrated plan for water, which was published last April.
Eight months ago, former Secretary of State Michael Gove announced a wider review into the statutory consultee system – including whether the current group of consultees is appropriate. Mr Sam Richards was commissioned to undertake this three-month rapid review and make recommendations to government. It is understood that the review was submitted to the government, though a response was not published ahead of the General Election.
Stuart has now said the new government should publish the review at the earliest possible opportunity and issue a formal response setting out its intentions for action. He added it should look to legislate for water companies to become statutory consultees, with their views on water supply and treatment capacity sought before local authorities grant consent for new developments. Stuart suggested it would enable water companies to input effectively on the planning process and better align investment plans with local development needs.
Stuart Anderson MP said:
“Our local communities are what makes South Shropshire such a wonderful place. They are where we work, enjoy our free time, and come together with one another. It is imperative that infrastructure is delivered in a sustainable way that supports their continued growth, while protecting our precious countryside for future generations. Statutory consultees play a crucial role in this process, providing expert advice to decision-makers on what can be built where. Currently, water companies are excluded from this process; their only right to statutory consultation is when it comes to setting local plans and local development orders. Only the Secretary of State can make changes to the list of statutory consultees. She should look to legislate for water companies to become statutory consultees, with their views on water supply and treatment capacity sought before local authorities grant consent for new developments. It will help to ensure that water company investment plans better align with development needs and help local communities to become more sustainable in the longer term.”
