Jurisdiction(s):
United Kingdom

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Key definition

Sustainable definition

What does Sustainable mean? In legal practice, sustainable describes policies, projects, procurement and investments that meet present needs without compromising future generations’ ability to meet theirs, by conserving finite resources, preventing environmental harm and balancing social and economic factors. There is no single statutory definition of sustainable across England & Wales, Scotland or Northern Ireland. The term is descriptive and applied within specific regimes, including: planning and environmental law (objectives of sustainable development; EIA/SEA), public sector duties (for example, the Well‑being of Future Generations (Wales) Act 2015 sustainable development principle), and corporate/finance regulation (green claims and disclosure). In Ireland, usage is likewise descriptive, but certain EU...

Sustainable Drainage Systems (SuDS): Legal and Planning Frameworks, Adoption and Maintenance, and Due Diligence across England, Wales and Scotland

Published by a LexisNexis Environment expert

Practice notes

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Introduction to SuDS

In natural landscapes, rainfall is caught by vegetation or seeps into the soil, depending on ground conditions, until the soil’s ability to absorb water is surpassed. When that threshold is crossed, surface runoff begins. In commercial or industrial schemes that replace green areas with buildings and hardstanding, interception and natural infiltration are removed or restricted, driving up runoff volumes. Heavy or Long-lasting rainfall can therefore create substantial runoff and degrade water quality. Without suitable management this can lead to flooding and pollution, so well-considered drainage design is essential to prevent harm on site and further downstream. SuDS provide an alternative to conventional piped drainage for handling site rainfall run-off and have featured in flood risk policy across the United Kingdom for at least 15 years. The legal basis for SuDS in relation to major developments in England was significantly reinforced by changes to planning law and policy in April 2015. Since that point, government planning policy in England and planning determinations presume SuDS will be adopted for all major development sites, unless...

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Web page updated on 22/05/2026

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