The Sustainable Drainage (Approval and Adoption) (Wales) Order 2018
Title and commencement1.
(1)
The title of this Order is the Sustainable Drainage (Approval and Adoption) (Wales) Order 2018.
(2)
This Order comes into force on 7 January 2019.
Interpretation2.
(1)
In this Order, “Schedule 3” (“Atodlen 3”) means Schedule 3 to the Flood and Water Management Act 2010.
(2)
Construction work not to be treated as having drainage implications3.
(1)
Construction work which, but for this article would have drainage implications, is not to be treated as having drainage implications if it is carried out in the circumstances in paragraph (2).
(2)
The circumstances are where—
(a)
(b)
construction work is carried out for the purpose of, or in connection with, the construction of—
(i)
a road for which the Welsh Ministers are the highway authority;
(ii)
a railway by Network Rail.
(3)
In this article—
“internal drainage board” (“bwrdd draenio mewnol”) has the meaning given in section 1 of the Land Drainage Act 1991;
“Network Rail” means Network Rail Infrastructure Limited (Company No. 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN;
Exceptions to requirement for approval: planning permission not required4.
(1)
(2)
The exception in paragraph (1) does not apply where the construction work involves the construction of a building or other structure covering an area of land of 100 square metres or more.
Exceptions to requirement for approval: planning permission required5.
(1)
Subject to paragraph (2), the requirement for approval under paragraph 7(1) of Schedule 3 does not apply to any construction work in respect of which, before 7 January 2019—
(a)
planning permission was granted or deemed to be granted (whether or not subject to any condition as to a reserved matter), or
(b)
a local planning authority received a valid application for planning permission but by that date had not finally determined it.
(2)
The exception in paragraph (1) does not apply to construction work in respect of which planning permission was granted before 7 January 2019 if—
(a)
the grant was subject to a condition as to a reserved matter, and
(b)
an application for approval of the reserved matter is not made within the period of 12 months beginning with 7 January 2019.
(3)
(4)
In this article—
“reserved matter” (“mater a gedwir yn ôl”) has the meaning given in section 92(1) of that Act.
Exceptions to requirement for approval: construction area less than 100 square metres6.
(1)
The requirement for approval under paragraph 7(1) of Schedule 3 does not apply where—
(a)
construction work involves—
(i)
the construction of a single dwelling house, and
(ii)
the area of land covered by the construction work is less than 100 square metres, or
(b)
in the case of any other type of construction work, the area of land covered by the construction work is less than 100 square metres.
(2)
This article applies whether or not planning permission is required for the construction work.
Determining requests for adoption7.
(1)
(a)
8 weeks beginning on the first working day after it receives the request, or
(b)
(2)
An approving body which fails to determine a request within the period specified in paragraph (1) is deemed to have refused the request.
(3)
In this article—
“request to adopt” (“archiad i fabwysiadu”) means a request pursuant to paragraph 23(2)(b) of Schedule 3;
This Order makes provision in relation to the requirement for approval of, and requests for adoption of, sustainable drainage systems under Schedule 3 to the Flood and Water Management Act 2010 (c. 29) (“the Act”).
Article 3 provides that certain types of construction work are not to be treated as having drainage implications.
Article 4(1) provides that construction work which does not require planning permission is excepted from the requirement in paragraph 7 (“requirement for approval”) of Schedule 3 to the Act. Article 4(2) provides that the exception does not apply where the construction covers an area of 100 square metres or more.
Article 5(1) provides that where planning permission is required in relation to construction work, and is granted, or a valid application for planning permission received, by a planning authority for construction work, before 7 January 2019 (the coming into force of this Order), the requirement for approval does not apply.
Article 5(1) is qualified by article 5(2), which provides that the exception in article 5(1) does not apply where the grant of planning permission was subject to a reserved matter, and an application for approval of the reserved matter is not made within the period of 12 months beginning on 7 January 2019.
Article 6 provides that, whether or not planning permission is required, construction work involving the construction of a single dwelling house, or other type of construction, which covers an area of less than 100 square metres, is excepted from the requirement for approval.
Article 7(1) provides that an approving body must determine a request for adoption of a drainage system within 8 weeks of receipt of the request, or any longer period agreed between the approving body and the developer, before the expiry of the initial 8 week period.
Article 7(2) provides that a failure of the approving body to determine a request within the period specified in article 7(1) is deemed to be a refusal of the request.
A regulatory impact assessment in relation to Wales has been prepared on the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.