Requirement for approvalE+W
7(1)Construction work which has drainage implications may not be commenced unless a drainage system for the work has been approved by the approving body.E+W
(2)For the purposes of sub-paragraph (1)—
(a)construction work means anything done by way of, in connection with or in preparation for the creation of a building or other structure, and
(b)construction work has drainage implications if the building or structure will affect the ability of land to absorb rainwater.
(3)Sub-paragraph (1) does not apply to work requiring development consent under section 31 of the Planning Act 2008 (nationally significant infrastructure projects).
(4)The Minister may by order—
(a)provide that a specified class of work is to be or not to be treated as construction work;
(b)provide for work to be or not to be treated as having drainage implications in specified circumstances;
(c)provide exceptions to sub-paragraph (1).
(5)For the avoidance of doubt, anything that covers land (such as a patio or other surface) is a structure for the purposes of sub-paragraph (2)(a).
Modifications etc. (not altering text)
C1Sch. 3 para. 7 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 21 para. 6
C2Sch. 3 para. 7 excluded (25.2.2020) by The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 (S.I. 2020/114), arts. 1, 5(1)(d) (with art. 37(2))
C3Sch. 3 para. 7 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 21 para. 6
C4Sch. 3 para. 7 excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 5(1)(d)
C5Sch. 3 para. 7 excluded (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 5 (with art. 34(2), Sch. 12 paras. 5, 47, 79)
Commencement Information
I1Sch. 3 para. 7 in force at 2.5.2018 for specified purposes for W. by S.I. 2018/557, art. 2(b)
I2Sch. 3 para. 7 in force at 7.1.2019 for W. in so far as not already in force by S.I. 2018/557, art. 3(b)