Section 102 Drainage Agreement

Existing drainage systems can also be proposed for adoption through a Section 102 (Water Industry Act 1991) agreement. Examples of our drainage know-how are the comprehensive detailed design of drainage layouts for clients such as major home builders, sustainable drainage concepts for significant employment developments, which include online and offline depreciation, clearing ponds, desaway soaks, swales, underground storage tanks and dry basins. The adoption of a drainage system by a section 104 agreement concerns a drainage system that drains private areas (such as roofs and driveways) as well as the drainage of highways (if both flow into the same pipeline system). The last authority to adopt is the Sewerage Undertaker. The cost of entering into such an agreement depends on the size of the development and drainage system required. The usual course of drainage adoption for a new development is either through the agreement of Section 38 (Highways Act 1980) or by the Agreement Section 104 (Water Industry Act 1991) depending on who will take control of the drainage system. The adoption code was introduced on 1 April 2020, meaning that all new applications in Section 104 must comply with the new design and construction code published by Water UK. Sanderson Associates provides developers with a comprehensive drainage design service that ranges from small private drainage systems to large wastewater and surface drainage systems for adoption with secondary south systems, so that developments can meet planning conditions for surface water flow requirements and wastewater discharge requirements. An agreement under Section 106 allows for a new connection to an existing public sanitation system. An agreement is reached under Section 38, which provides a method for a highway built or to be built in order to be expanded at a public cost. In most cases, a highway open to the public will cover the drainage of the highway.

(Highway drainage is defined in point 100 (9) of the Highways Act 1980). The Section 104 agreement results in a drainage system that drains private areas such as roofs and driveways, as well as highway drainage. The cost of entering into this type of agreement depends on factors such as the size of the development and the system required. The new Adoption Code recommends that you do not create new assets that we wish to take over until all parties have signed the legal agreement in accordance with Section 104. If a new development is planned, the developer has the option to build the sewers with authorized materials and a standard that makes them suitable for accepting by Southern Water when construction work is completed. An adoption agreement can be reached under section 104 of the Water Industry Act 1991 prior to sewer construction (as described in the last edition of the sewers to be adopted). This is the most desirable scheme and if all new developments were covered by such adoption agreements, there would be few new private sewers in residential neighbourhoods, if at all. However, there are many kilometres of private pipelines built without acceptance agreement. Section 102 of the Water Industry Act 1991 provides that acceptance of these sewers is being considered.

Our drainage expertise is also monitored by our flood risk assessment services (see www.floodrisk.co.uk), which ensures that all recommended drainage or flood protection measures are the best rated and devoid of any design and adapt to such developments.

Written by darrenjac

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