Exception Test
A two-part test required when development in a high flood risk area cannot pass the Sequential Test. It must demonstrate wider sustainability benefits and safety for the lifetime of the development.
The Exception Test is applied when a proposed development in Flood Zone 2 or Flood Zone 3a cannot satisfy the Sequential Test, meaning no reasonably available alternative sites at lower flood risk exist. It provides a mechanism for development to proceed where there are overriding sustainability reasons, provided flood risk can be adequately managed.
The Exception Test has two parts, both of which must be passed:
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Wider sustainability benefits: The development must provide wider sustainability benefits to the community that outweigh the flood risk. These might include regeneration of previously developed land, provision of affordable housing, or delivery of essential infrastructure.
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Safety for the lifetime of the development: A site-specific Flood Risk Assessment must demonstrate that the development will be safe for its lifetime, taking account of climate change allowances, and will not increase flood risk elsewhere. “Safe” means appropriate finished floor levels with freeboard, safe access and egress, and, for residential development, no ground-floor sleeping accommodation in areas of significant flood depth.
The Exception Test is only required for certain combinations of flood zone and vulnerability classification. For example, “more vulnerable” development (such as housing) in Flood Zone 3a requires both the Sequential and Exception Tests. “Highly vulnerable” development in Flood Zone 3a is not permitted regardless of the Exception Test outcome.
Aegaea can help navigate the Sequential and Exception Test process as part of our flood risk assessment service.