The Sustainable Drainage (Approval and Adoption Procedure) (Wales) Regulations 2018

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) issued a certificate under paragraph 12(2) of Schedule 3, and

(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) 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) pay the developer any excess, and

(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 drainage system to which the duty to adopt does not apply.

Notification of voluntary adoption

11.—(1) An approving body must give any notification under paragraph 24(2) of Schedule 3 as soon as practicable after deciding to adopt a drainage system to which the duty to adopt does not apply.

(2) The notification must specify—

(a) the reason for adoption, and

(b) the date of adoption.

Registration and designation following voluntary adoption

12.  Within 4 weeks beginning on the first working day after giving a notification under paragraph 24(2) of Schedule 3, an approving body must arrange for—

(a) the lead local flood authority to include the drainage system in the register maintained under section 21 of the Act, and

(b) a designating authority to make a provisional designation under paragraph 7 of Schedule 1 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.