National Planning Framework 4: Policy 22 (flood risk and water management) – Chief Planner letter – June 2025
An update from the Minister for Public Finance and Chief Planner on the work to support the application in practice of NPF4 policy 22 on flooding.
Part of
11 June 2025
Dear Colleague,
National Planning Framework 4: Policy 22 (Flood risk and water management).
We are writing to update you on work to support the application in practice of NPF4 policy 22 on flooding.
We are aware that policy 22 has been a focus for many planning authorities and applicants as they apply NPF4. Our discussions with planning authorities, SEPA, relevant professional bodies and developers identified some common themes, which we have since explored in more detail through a Short Life Working Group.
Following the conclusion of the Short Life Working Group, this letter provides new and updated information on the differing roles and responsibilities of SEPA and planning authorities in the application of policy 22, as well as the responsibilities of the Scottish Government where applications are notified to Ministers on flood risk grounds.
We have also taken the opportunity to clarify certain procedural matters and to highlight a range of new and updated advice on flooding matters published by SEPA.
Roles and responsibilities
All parties have a role to play in ensuring planning applications can be processed effectively and efficiently such that flood risk is clearly understood by the decision maker. Applicants have a role in providing timely and accurate information to support planning applications, and both SEPA and local authorities have a specific duty set out in Section 1 of the Flood Risk Management (Scotland) Act 2009 to reduce overall flood risk. Where SEPA is consulted, it will provide advice accordingly to the planning authority in its role as a statutory consultee. The Planning Authority must consider SEPA’s advice, alongside all other relevant NPF4 and local development plan policies and material considerations, before reaching a decision.
Consultation with SEPA on flood risk matters
The Development Management Regulations (‘the DMR’) set out the circumstances in which consultation with SEPA is required on planning applications. For flooding, this is where the development ‘is likely to result in a material increase in the number of buildings at risk of being damaged by flooding .’ (Areas at risk of flooding are indicated on the SEPA flood maps, but for most applications in or near flood risk areas, a site-specific flood risk assessment is needed). Regulation 25 of the DMR also includes provision for SEPA to set out where consultation is not needed, and this is addressed through SEPA’s Standing Advice for Planning Authorities on flood risk, which has been updated since the publication of NPF4. Planning authorities can use this to determine a range of cases without the need to consult SEPA.
For developments where the only potential source of flood risk is from a small watercourse, SEPA requests that the local authority first assess the proposal against any information it holds, wherever possible, to determine whether it may be at risk and therefore whether consultation with SEPA is required.
For proposals for which a planning authority considers one of the NPF4 policy 22 ‘exceptions’ apply, SEPA advises authorities to confirm this at the time of consultation. SEPA is happy to engage in dialogue with planning authorities where they consider particular cases may warrant a different approach.
SEPA applies the following scheme of responses, and this is set out in its advice:
- No objection
- Objection - Holding/Insufficient Information
- Condition Request (objection if not applied)
- Modification request (objection if not applied)
- Objection – In Principle
- Objection – Sustained
SEPA’s records show that, in 30% of cases in which it has been consulted on flood risk grounds following NPF4 adoption, no objection has been made. In the 66% of cases where an objection has been made, this was subsequently withdrawn on submission of requested information. Overall, SEPA maintained an objection only in the remaining 4% of cases.
As set out above, SEPA may direct authorities to its standing advice on flood risk where it considers a proposal is of a type which does not require consultation. Additional information on flood hazard may also be provided at the request of the planning authority.
It remains the case that the interpretation of legislation is a matter for the relevant planning authority, and this includes on matters of judgement on whether and when consultation with SEPA is required.
Notification to Scottish Ministers
The Scottish Government’s notification direction, included in Circular 3/2009, requires authorities to notify to Scottish Ministers development which has been the subject of consultation with SEPA on flood risk grounds, and where SEPA has advised against the granting of planning permission or has recommended conditions which the planning authority does not propose to attach.
Once a notification is received, the Scottish Government considers whether to call the application in. The Planning applications call-in: Ministerial statement – 28 June 2023 - gov.scot (www.gov.scot) sets out the circumstances in which Ministers may consider it appropriate to call in planning applications for their own determination. Where Ministers decide not to call in an application, it will be cleared back to the planning authority for its determination.
Respecting the important role of planning authorities in making decisions on the future development of their areas, historically Scottish Ministers have exercised their call-in powers sparingly, and that remains Ministers’ intent. There have however been a number of applications notified to Scottish Ministers relating to flood risk in recent years, some of which have been called in.
During the period from NPF4 adoption to 31st March 2025, 32 planning applications have been notified to Ministers on flood risk grounds, of which 24 have been cleared back for planning authorities to determine. A total of 8 applications were called in, of which 4 were granted planning permission and 2 refused and 2 applications were still being considered. Reasons for clearing cases back to a planning authority have included where applications have clearly demonstrated that the risk of flooding is understood, and mitigation applied. It is important that planning authorities demonstrate that they understand and accept the flood risk context of the decisions they are making, as that will be an important factor in Scottish Ministers’ consideration whether or not to call in an application for further consideration.
Whether or not an application is to be determined by the relevant planning authority, or by Scottish Ministers, it remains the case that policies in NPF4 should be read and applied as a whole and that some conflict between different policies is normal and to be expected. The planning system requires decision makers to weigh up all relevant policies, for example, quality homes, brownfield development and town centre living, as well as relevant material considerations in applying balanced planning judgement (section 25 of the Town and Country Planning (Scotland) Act, 1997, as amended).
Understanding flood risk
Our discussions have also highlighted an appetite amongst planning stakeholders for further information and advice on understanding flood risk and the different ways in which this may be presented or explained. Flood risk is the combination of the probability of a flood and the potential associated adverse consequences (see NPF4 glossary, page 149 for full definition). As defined in NPF4, for planning purposes, ‘at risk of flooding’ or ‘in a flood risk area’ means land or built form with an annual probability of being flooded of greater than 0.5% which must include an appropriate allowance for future climate change. It is helpful to understand that this is the risk for any single year a development is expected to be in place, and the likelihood of flooding accumulates over time. For example, assuming a stable climate, a development with a probability of flooding of 0.5% in any single year will have an overall likelihood of flooding of 20% by the time the development has been in place for 45 years, and by 100 years it is nearly 40%. SEPA’s summary note gives further guidance.
Planning skills
The new National Planning Skills Commitment Plan 2025 is led by the Scottish Government and supported by almost 60 organisations across the built and natural environment professions. Recently, this included two sessions led by SEPA on flooding matters, including on SEPA’s new surface water and small watercourses flood maps and a learning session for land use planning practitioners on understanding flooding. Information on these past and any future such events can be found at the Improvement Service Planning Skills Programme.
Flood risk advice and further guidance
SEPA publishes flood risk advice and guidance, which includes new and updated advice highlighted in this letter. For clarity the direct links to these new documents include:
- SEPA’s approach to NPF4 Policy 22 exceptions
- SEPA’s Summary note on the Short Life Working Group
- Strategic Flood Risk Assessment guidance for planning authorities
SEPA continues to welcome comments on its guidance, and will update this further as practice continues to bed-in following the publication and adoption of NPF4.
We hope you find this information helpful.
Yours faithfully,
Ivan McKee MSP,
Minister for Public Finance
Dr Fiona Simpson MRTPI,
Chief Planner and Director of Planning, Architecture and Regeneration
