The Sustainable Drainage (Approval and Adoption Procedure) (Wales) Regulations 2018
| Jurisdiction | Wales |
| Citation | SI 2018/1077 (W226) |
| Year | 2018 |
2018 No. 1077 (W. 226)
Water Industry, Wales
The Sustainable Drainage (Approval and Adoption Procedure) (Wales) Regulations 2018
Made 10th October 2018
Laid before the National Assembly for Wales 15th October 2018
Coming into force 7th January 2019
The Welsh Ministers, in exercise of the powers conferred by sections 32 and 48(2) of, and paragraphs 4(a), 11(5), 17(5), 18(3), 23(7), 24(5) and 28 of Schedule 3 to, the Flood and Water Management Act 20101, make the following Regulations.
PART 1
Introduction
Title and commencement
1.—(1) The title of these Regulations is the Sustainable Drainage (Approval and Adoption Procedure) (Wales) Regulations 2018.
(2) These Regulations come into force on 7 January 2019.
Interpretation
2.—(1) In these Regulations—
“the Act” (“y Ddeddf”) means the Flood and Water Management Act 2010;
“applicant” (“ceisydd”) means a person who makes an application for approval;
“application for approval” (“cais am gymeradwyaeth”) means—
(a) an application for approval made in accordance with paragraph 9 of Schedule 3, or
(b) that part of a combined application that seeks approval made in accordance with paragraph 10 of Schedule 3—
and a reference to a “valid application” (“cais dilys”) is to be construed accordingly;
“approval” (“cymeradwyaeth”) means the approval required under paragraph 7(1) of Schedule 3 for a drainage system2for construction work3;
“confirmed proposal” (“cynnig a gadarnhawyd”) means a proposal to carry out reconstruction work confirmed under regulation 15;
“developer” (“datblygwr”) has the meaning given in paragraph 23(2)(b) of Schedule 3;
“development” (“datblygiad”) has the meaning given in section 55 of the Town and Country Planning Act 19904;
“national standards” (“safonau cenedlaethol”) means the national standards for sustainable drainage published under paragraph 5 of Schedule 3;
“reconstruction work”(“gwaith ailadeiladu”) means work carried out—
(a) to reconstruct a sustainable drainage system to the state it was in before statutory works commenced, or
(b) to construct a new sustainable drainage system in accordance with the national standards to operate in place of the sustainable drainage system affected by statutory works;
“remedial work” (“gwaith adferol”) means work carried out on a sustainable drainage system—
(a) to remedy damage caused by statutory works, and
(b) to ensure the sustainable drainage system complies with the national standards;
“Schedule 3” (“Atodlen 3”) means Schedule 3 to the Act;
“statutory undertaker” (“ymgymerwr statudol”) has the meaning given in regulation 13;
“statutory works” (“gwaith statudol”) has the meaning given in regulation 14;
“sustainable drainage system” (“system ddraenio gynaliadwy”) means those parts of a drainage system that are not vested in a sewerage undertaker pursuant to an agreement under section 104 of the Water Industry Act 19915;
“working day” (“diwrnod gwaith”) means a day which is not a Saturday, Sunday, a bank holiday within the meaning of section 1 of the Banking and Financial Dealings Act 19716, or other public holiday in Wales.
(2) In these Regulations a reference to “construction work” is to be construed as a reference to construction work having drainage implications7.
PART 2
Determination of applications for approval
Refusal to determine application for approval
3.—(1) An approving body8may refuse to determine an application for approval which is not made in accordance with paragraph 9(2) or 10(2) (as the case may be) of Schedule 3.
(2) Where an approving body refuses to determine an application pursuant to paragraph (1), it must as soon as practicable—
(a)
(a) inform the applicant of the refusal and the reasons for it, and
(b)
(b) return any application fee accompanying the application.
Duty to consult before determining application for approval
4.—(1) An approving body, when requesting a response from a person consulted under paragraph 11(3) of Schedule 3 (a “consultee”), must specify a date for response which is within 3 weeks beginning on the first working day after sending the request.
(2) Before the end of the period specified under paragraph (1) the approving body and consultee may agree a different date for response.
(3) The approving body may disregard a response that is received from a consultee after the relevant time limit.
(4) In this regulation, “relevant time limit” means—
(a)
(a) a period specified under paragraph (1), or
(b)
(b) any other period agreed under paragraph (2).
Time limits for determining applications for approval
5.—(1) An approving body must determine—
(a)
(a) an application for approval that relates to a development that is the subject of an Environmental Impact Assessment under the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 20179(“the 2017 Regulations”) within the period of 12 weeks beginning on the first working day after it receives a valid application, or
(b)
(b) any other application for approval within the period of 7 weeks beginning on the first working day after it receives a valid application.
(2) Before the end of the period specified in sub-paragraph (a) or (b) (as the case may be) of paragraph (1), the approving body and applicant may agree a longer time for determining an application.
(3) An approving body which fails to determine an application within the relevant time limit is deemed to have refused the application.
(4) In this regulation—
“development” (“datblygiad”) has the meaning given in section 55(1) of the Town and Country Planning Act 199010;
“Environmental Impact Assessment” (“Asesiad o’r Effaith Amgylcheddol”) has the meaning given in regulation 2 of the 2017 Regulations;
“relevant time limit” (“terfyn amser perthnasol”) means—
(a) a period specified in paragraph (1), or
(b) any longer period agreed under paragraph (2).
PART 3
Duty to adopt
Notice of adoption decision
6. A notification under paragraph 23(4)(b) or (5) of Schedule 3 must specify—
(a) the reasons for the decision, and
(b) the date of the decision.
Release of non-performance bond where duty to adopt applies
7.—(1) Except where paragraph (3) applies, the approving body must release a non-performance bond within 4 weeks beginning on the first working day after giving notice under paragraph 23(4)(b) or (5) of Schedule 3.
(2) Paragraph (3) applies if the approving body—
(a)
(a) issued a certificate under paragraph 12(2) of Schedule 3, and
(b)
(b) carried out work to ensure the drainage system was completed in such a manner as to make it likely to operate in compliance with national standards.
(3) The approving body must, within 4 weeks beginning on the first working day after completing the work—
(a)
(a) send to the developer a full account of any sums received under the bond that have been applied to the expense of carrying out the work,
(b)
(b) pay the developer any excess, and
(c)
(c) release the non-performance bond.
Registration and designation where duty to adopt applies
8. Within 4 weeks beginning on the first working day after giving notice under paragraph 23(4)(b) or (5) of Schedule 3, an approving body must—
(a) arrange for—
(i) the lead local flood authority11to include the drainage system in the register maintained under section 21 of the Act,
(ii) a designating authority12to make a provisional designation under paragraph 7 of Schedule 1 to the Act of any part of the drainage system (whether an adopted part or not) which is eligible for designation and is not owned by the approving body, and
(b) in accordance with regulations made under section 63 of the New Roads and Street Works Act 199113, give notice of intention to designate under that section any adopted part of the drainage system that is a street within the meaning of section 48 of that Act.
PART 4
Where duty to adopt does not apply
Single property exception
9. For the purposes of paragraph 18(1) or (2) of Schedule 3 a drainage system or any part of a drainage system is to be treated as designed only to provide drainage for a single property if it is designed to provide drainage for any buildings or other structures that, following completion of the construction work, will be owned, managed or controlled by—
(a) a single person, or
(b) two or more persons together.
Release of non-performance bond where duty to adopt does not apply
10.—(1) Except where paragraph (3) applies, an approving body must release a non-performance bond within 4 weeks beginning on the first working day after completion of a drainage system that is constructed in accordance with approved proposals.
(2) Paragraph (3) applies if the approving body—
(a)
(a) issued a certificate under paragraph 12(2) of Schedule 3, and
(b)
(b) carried out work to ensure the drainage system was completed in such a manner as to make it likely to operate in compliance with national standards.
(3) The approving body must, within 4 weeks beginning on the first working day after completing the work—
(a)
(a) send to the developer a full account of any sums received under the bond that have been applied to the expense of carrying out the work,
(b)
(b) pay the developer any excess, and
(c)
(c) release the non-performance bond.
(4) In this regulation—
“approved proposals” (“cynigion a gymeradwywyd”) means proposals approved under paragraph 7(1) of Schedule 3, including any conditions of approval;
“drainage system” (“system ddraenio”) is to be construed as a...
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