Disgrifiad o'r nwyddau neu'r gwasanaethau sydd eu hangen
Measuring the effects of the Sustainable Drainage legislation on SABs in Wales Scope of Work
Introduction & Background
1. Since 7 January 2019, all new developments of more than 1 dwelling house or
where the construction area is 100 square metres or more, require Sustainable Drainage Systems (SuDS) for surface water. SuDS must be designed and built in accordance with statutory standards and be approved by the local authority acting as a SuDS Approving Body (SAB), before construction work begins.
2. As part of the process leading to the implementation of Schedule 3 of the Flood & Water Management Act 2010 the Welsh Government undertook a Regulatory Impact Assessment of the proposed secondary legislation needed for its implementation . Through the Regulatory Impact Assessment, the Welsh Government considered three main policy options (see table 1) using a range of tools which led to the preferred option being Option 2: Commence Schedule 3.
Policy option Name Description
1 Do nothing The baseline option, involving continuation of current nonregulatory policy.
2 Commence Schedule 3 Mandatory use of SuDS compliant with national standards on all minor and major development (more than 1 dwelling or sites larger than 0.1 hectares).
3 Planning approach Expectation that SuDS will be provided on all minor and major development wherever this is appropriate and unless demonstrated to be inappropriate. Use of planning conditions or planning obligations to ensure that there are clear arrangements in place for ongoing maintenance over the lifetime of the development.
Table 1: WG Policy options
3. The cost benefit analysis leading to the preferred option considered a range of impacts including potential impacts on Local Authorities as Sustainable Drainage Approving Bodies (SABs). This being new and untested legislation there was no direct previous experience to draw upon with the potential costs provided in the development of the impact assessment being based on estimates.
4. Furthermore, it has been difficult to foresee the various workstream that would require specific attention, or the level of support SABs would need to implement and deliver the legislation. Whilst the WLGA has worked with SABs in specific areas to improve consistency and streamline delivery, there is still a need through this work to identify and deliver a targeted approach to improving delivery of the Sustainable Drainage legislation at a local level whilst identifying potential areas of improvement within the legislation.
5. Local authorities as SABs have now been delivering the function for over 18 months and have gathered a range of evidence and data to better evaluate how the legislation is working. This commission is therefore looking to build upon this evidence and understanding of the legislation to measure how it is working, identify where it is not and provide options for improvement. It is anticipated that this commission will also be used as supportive evidence to inform the forthcoming post implementation review pledged by the Welsh Government.
Purpose & Objectives
6. The research should provide the necessary evidence to help inform WLGA’s thinking on how to improve service delivery and influence the forthcoming review announced by the WG. As such, the objectives of this research should primarily focus on identifying areas within the whole SAB process where improvement is needed from a legislative and delivery perspective and where applicable identify recommendations for improvement. As a suggestion, the successful bidder should focus the research on the below headings but not restricted to if the need arises:
- Application process
From the offset the WLGA has worked with SABS to ensure consistency in this area of work by developing pre-application and full application forms which reflect the legislative and statutory standards requirements. We would suggest for the successful bidder to engage with SABs and selected applicants to measure how the form/ application process is working and consider options for improvement.
- Application of Statutory Standards
How do they work in practice?
How easily can standards be applied on different scale/type of developments?
- Legal
The adoption of SUDs is a complex process requiring lengthy legal discussions and legal agreements between parties with potential impacts on meeting the statutory determination periods. However, the legislation does not currently provide specific provision for these legal agreements nor does it provide any provision to recoup legal costs associated with the adoption process. Instead, SABs need to rely on general powers for these which have their draw back and limitations. The research should identify some of the legal limitations associated with the adoption of SuDs systems and where possible offer some recommendations for improvement this area using evidenced based arguments.
- Resources & skills
The SAB function rests with existing local authorities’ services, mostly with the Lead Local Flood Authorities (LLFAs). Whilst some local authorities were able to recruit additional resources to cover the additional workload many relied instead on existing resources. The SAB function created a range of new workstreams for LAs from administration, pre-application advice services, technical approval, inspection and enforcement, and legal. The successful bidder may want to identify the implications of the new function and how to make best use of current capacity & skills within SABs. We anticipate this area of research to be able to recommend areas of improvement.
- Adoption
The legislation places a duty on SABs to adopt systems that meet the statutory threshold. The adoption process is a lengthy process that may not happen until at least 2 years post construction. However, legal agreements or conditions for adoption must be in place as part of the approval process for an application to be successful.
Financing and current options for the long-term maintenance of adoptable systems are also seen as having major impacts on both councils and the industry with the legislation offering little or no steer to support this part of the process. The research should identify what the current impacts around the adoption/maintenance process are and provide some recommendations around improvements to the legislation or consistency of approach for this area of work.
7. The research will require engagement /interviews with all SABs with more in-depth engagement with a pre-selected number of SABs. The successful bidder will also be required to engage with the WLGA and other suitable stakeholders which will also include the Welsh Government and industry. The successful bidder will be provided with a list of relevant contacts.
8. The successful bidder should set out in the proposal how they anticipate collecting the information from stakeholders in line with Welsh Government’s COVID19 guidance.
Timescales and Deliverables
9. The WLGA is looking for a simpler tendering process for this contract and would encourage any potential interested parties to get in touch with the lead contact using the below proposed timeline as a guide:
10. intended timescale leading up to the award of contract(s) is as follows:
a. Invitation to tender By November 3rd, 2020
b. Confirm intention to tender November 6th, 2020
(Please email jean.francois.dulong@wlga.gov.uk)
c. Submit quick quoteNovember 13th, 2020
d. Award notification November 20th, 2020
e. Inception meeting (virtual) November 26th or 27th, 2020
f. Completion & submission of findings February 26th, 2021
11. Successful bidder will be expected to present the proposed research methodology to the WLGA prior to the commencement period. Results of the findings and recommendations will also be presented to a Task & Finish Group overseeing the work.
Conditions of engagement
12. Tender evaluation will be undertaken by a Task & Finish Group and awarded on the basis of the ‘Most Economically Advantageous Tender’ [MEAT].
13. The consultancy contract will be managed on a day-to-day basis by Jean-Francois Dulong, resilience & Safety Officer, WLGA. The successful bidder will be expected to commit to frequent and effective dialogue with the lead officer and attend if necessary virtual meeting(s) with the Review Group throughout the research period.
14. As a guide, an indicative budget figure of no more than £17,000 is specified for this commission. The proposal should be costed by the prospective consultants using their standard rates [see “Form of Proposal” below].
Form of proposal
15. Proposals from prospective consultants should be made in the following format and include an itemised quotation.
16. There is no set tender document to complete but bids should include:
• full contact details of the bidder
• details of the credentials of the consultant or consultancy and of the individual(s) to be involved in the project, specifically identifying the key employees
• details of relevant experience
• an explanation of what you can offer in response to the ‘purpose and objectives’ outlined in section B above
• an associated, indicative project plan and timetable in support of your proposed approach and in line with the timescale set-out above.
• details of potential fee arrangements, for each of the following:
the hourly rates that would apply (for named individuals) to undertake different types of ‘call-off’ work -
indicative cost breakdowns for typical pieces of work, to include administration and other on-costs (for report preparation and production; for workshop organisation/virtual sessions and delivery along with details of any other relevant activities for which charges would be applied –
• three referees of whom at least one is a local authority and another elsewhere in the public sector.
Submitting a proposal
17. The tender process will be conducted as an open procedure.
18. Bidders should inform WLGA of their intention to submit by October 23rd 2020 at the latest. The intention to submit a proposal should be notified by email to jean-francois.dulong@wlga.gov.uk.
19. Electronic tenders should be submitted to the WLGA for the attention of Jean-Francois Dulong using the email provided below no later than 4.30 p.m. on October 30th 2020
20. The WLGA propose making a selection of consultants based on the MEAT proposals and quotations submitted and, if felt necessary, an interview with short listed applicants. A decision will be made on a combination of 70/30 split quality/cost.
a. The experience and track record of the applicant – 20%
b. The availability and capacity of the applicant within the proposed timescale – 20%
c. The integrity and innovation of the proposed methodology and project plan – 30%
d. Price. – 30%
21. Bidders will be expected if required, to be available for interview via Teams Meeting or Skype for Business on November 12th or 13th 2020
WLGA lead contact
22. The primary contact for this project will be Jean-Francois Dulong, Flood & Water Officer: jean-francois.dulong@wlga.gov.uk (02920). Regular meetings will be scheduled with the successful bidder to manage and monitor the direction and progress of the project and to consider any potential efficiency improvements during and immediately after the conclusion of the arrangement.
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