Decision details
Sustainable Drainage Approval Body (SAB) Adoption and Future Maintenance of Sustainable Drainage (SuDS) Features
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose:
Schedule 3 of the Flood and Water Management Act 2010 places a mandatory requirement for the Unitary Authority, acting in its capacity as a SuDS Approval Body, to adopt drainage systems that are constructed in accordance with Welsh Government Standards for Sustainable Drainage and approved proposals.
Since the introduction of the legislation in January 2019, for qualifying developments the two main options for SuDS maintenance are:
- A Management Company that will maintain the SuDS features. The funding will be paid directly to the management company through a continuous maintenance charge on all property owners.
- A Commuted Maintenance Sum is paid by the developer to the Council to allow for future maintenance of SuDS features be undertaken by the Council.
It is considered that the spirit of the legislation is to ensure that a single statutory body is responsible for the maintenance and inspection of SuDS features. Therefore, Cardiff Council as the SAB is the statutory body responsible for ensuring that the drainage system is maintained and inspected.
Decision:
RESOLVED: that
1. the mandatory requirement to adopt SuDS features be noted
2. the in-house service model (as described in the report) to manage and maintain these features on all qualifying developments funded by commuted maintenance sums be approved
Publication date: 19/11/2021
Date of decision: 18/11/2021
Decided at meeting: 18/11/2021 - Cabinet
Effective from: 01/12/2021
Accompanying Documents:
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