The exception test consists of two components demonstrating that flood risk can be managed for the lifetime of the development and consideration of the wider sustainability benefits to the community that outweigh flood risk.įor the exception test to be passed the following criteria must be met:
What does the exception test seek to explore? In line with paragraph 102 of the NPPF (2019), if following the application of the sequential test, it is not possible for the development to be located in Flood Zones with a lower probability of flooding, the Exception Test can be applied. Then the site and proposed development is considered to have passed the sequential test, but requires application of the Exception Test. If there are no potential alternative development locations at a lower flood risk than the subject site. What happens if there are no alternative sites? This applies, unless there is clear evidence that schemes will not be implemented within five years, for example they will not be viable, there is no longer a demand for the type of units or sites that have long term phasing plans.ĭevelopable – sites should be in a suitable location for development and there should be a reasonable prospect that the site is available and could be viably developed at the point envisaged. In accordance with paragraph 47 of the NPPF (2019) sites with planning permission should be considered deliverable until permission expires. To be considered deliverable, sites should be available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years and in particular that development of the site is viable. When is a development considered “deliverable”? This defines reasonably available as sites that are suitable, developable & deliverable. The definition of ‘reasonably available sites’ has been extracted and interpreted from both the National Planning Policy Framework(Footnote 11 and 12) (2018) and “Demonstrating the Flood Risk Sequential Test for Planning Applications” document (2014) prepared by the Environment Agency. When is a site considered “reasonably available”? A site is only considered to be reasonably available if it is both ‘deliverable’ and ‘developable’ as defined by the NPPF. No, there is no requirement to visit the site, as data and information can be obtained remotely.Ĭan a development proposal fail a sequential test?Ī development proposal will only fail to pass the sequential test if alternative sites are identified within the search area that are at lower risk of flooding, appropriate for the proposed development and are ‘reasonably available’ for development. There is no requirement by local authorities for the person who carries out the flood risk sequential test to hold a particular qualification, however you will often find they are carried out by individuals who have significant knowledge in flood risk, such as an environmental consultant.ĭoes a sequential test require a site visit? This is a technical document which assesses the suitability, availability and achievability of land for housing and employment development. SLAA is an abbreviation for Strategic Land Availability Assessment. Conclusion – commentary on the site and explicit confirmation of whether the sequential test has been passed.Sequential test Site Specific – this can include a review of the local authority plans in relation to the site, comparisons of sites and a review of available sites on the open market.Sequential test Approach – details of the criteria used to assess the site.Local Policy – details of the documentation, plans and policies being utilised by the local authority where the site is situated.Site Analysis – more detailed content about the location often including a map, information about the current use, hydrological features, flood risk and flood mitigation measures.Proposal – details the planning objective and general comments about the site.Background – details of any previous planning applications and whether the site falls within the local authority SLAA.Introduction – location details of the site and the reason for the test, e.g.Typically, a sequential test report includes: What is included in a sequential test report?