The Sustainable Drainage (Application for Approval Fees) (Approval and Adoption Procedure) (Wales) Regulations 2018
Commencement: 7th January 2019
Amends: Flood and Water Management Act 2010
The Flood and Water Management Act 2010 introduces requirements relating to the management of risks in connection with flooding and coastal erosion. They introduce strategies for flood and coastal erosion risk management, establish regional flood and coastal committees, requires the use of suitable drainage, introduce a new set of reservoir safety rules amongst other things.
This Regulation applies to Wales only.
From 7th January 2019 Schedule 3 of the 2010 Act comes into force and will require all new developments of more than one house or where the construction area is 100m2 or more to have sustainable drainage to manage on-site surface water.
Developments may not be commenced unless a drainage system for the work has been approved by the Sustainable Drainage System Approving Body (SAB).
Application for Approval Fees
These Regulations allow an approving body to charge fees in relation to application for approval of a sustainable drainage system and sets out how these fees are determined.
The baseline fee for an application for approval of a sustainable drainage system is £350. An additional amount of up to £7,500 is calculated by reference to the size of the construction are as follows:
€¢ £70 for each 0.1 hectare, for the first 0.5 hectare;
€¢ £50 for each 0.1 hectare, from 0.5 hectare up to and including 1.0 hectare;
€¢ £20 for each 0.1 hectare, from 1.0 hectare up to and including 5.0 hectares; and
€¢ £10 for each additional 0.1 hectare in excess of 5.0 hectares.
If the applicant is a community council the application fee will be half the standard amount chargeable under these Regulations. A community council means a community or town council in accordance with Local Government Act 1972.
Where an approving body grants approval subject to a condition that one or more inspections take place, it may charge a fee of £168 for each inspection.
Approval and Adoption Procedure
Developments meeting the criteria will be required to make an application and obtain approval from the Sustainable Drainage System (SuDS) Approving Body (SAB), alongside planning permission.
The SAB is a statutory function delivered by local authorities to ensure that drainage proposals for all new developments meeting the criteria are designed and built in accordance with the national standards for sustainable drainage published by Welsh Ministers.
These Regulations set out procedures for the determination of applications by the SAB. The SAB will have 7 weeks to determine applications other than those requiring an Environmental Impact Assessment, in which case it has 12 weeks.
Schedule 3 of the Act also places a duty on the SAB to adopt and maintain approved SuDS that serve more than one property as long as the conditions listed in Section 17 are met. This Regulation details this adoption process for SuDs by the SAB and where the duty to adopt does and does not apply (Parts 3 and 4).
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland. Our intuitive online system helps manage your compliance obligations for environment, health & safety and food.