On 7 January 2019, Schedule 3 of the  Flood and Water Management Act 2010 relating to Sustainable Drainage comes into effect.

From this date, surface water drainage for new developments will have to comply with mandatory National Standards for Sustainable Drainage systems. These standards are currently published as the ‘Statutory National Standards for sustainable drainage Systems (SuDs) in Wales.’

  • The National Standards set out 11 Principles which underpin the design of surface water management schemes
  • There are a further 6 standards which have been produced to provide the ‘Minimum Design’ criteria that all SuDs should satisfy which should cover not just construction but the future maintenance of the sustainable drainage.

Please Note:       

  1. Approval must be given before construction work with drainage implications may begin.
  2. This Process is in addition to and is outside requirements of the  Town and Country Planning Act  

The SuDS approach to surface water drainage contributes to the realisation of the well-being goals within the framework of the Future Generations (Wales) Act.

What is Sustainable Drainage?

Further information about Sustainable Drainage can be found on the Susdrain Website.

Statutory Instruments

Following the Commencement of Schedule 3 FWMA 2010. The Welsh Government Subsequently approved the Statutory Instruments on the 15th October 2018. The published Instruments include:

  1. The Sustainable Drainage (Approval and Adoption Procedure) Regulations 2018
  2. The Sustainable Drainage (Application for Approval Fees) Regulations 2018
  3. The Sustainable Drainage (Approval and Adoption Order) Regulations 2018
  4. The Sustainable Drainage (Appeals) Regulations 2018
  5. The Sustainable Drainage (Enforcement) Regulations 2018

How to Apply

To make a Sustainable drainage application, please visit the Sustainable drainage application page.

To make a Pre-application to the Sustainable Drainage Approval Body please visit the Pre-application page.

Consequences of Non-Compliance

In the event of a developer undertaking; ‘any construction work with drainage implications’ without approval by the SAB will be subject to Enforcement Action under section 14, of Schedule 3 of the Flood and Water Management Act 2010.

Through the commencement of the legislation the SAB is provided a range of enforcement powers which include:

  • Enforcement Notice
  • Stop Notices
  • Temporary Stop Notices
  • Powers of entry
  • Powers of inspection
  • Powers to undertake and charge for remedial work

Where a developer does not comply with the powers outlined within the legislation; and is successfully prosecuted then the developer is found to be ‘Guilty of an offence’ and is liable to a fine chargeable by the courts, additionally where a developer is found Guilty of an Offence the SAB will be able to reclaim costs from the transgressor.

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