Adoption maintenance of SUDS - Public forum - Planning Advisory Service (PAS)
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En cours - juillet 2012
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Dernière modification - May
Adoption maintenance of SUDS
I am currently dealing with an application for a landfill site which required a flood risk assessment I am requesting that the applicants and land owners enter into a section 106 agreement for the maintenance of the surface water segment for the life of the development as no public body is willing to adopt the system However I have recently noted in a number of appeal decision that this long term maintenance issue is now being dealt with by a standard condition that states "Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime". It was always my understanding bases on Circ 11/95 that conditions requiring long term antennae or adoption which would be likely to involve a financial contribution where not acceptable. I would be grateful for any views
We at stroud also have concerns over this condition, but particularly "any other arrangements". We have a site which if left un-attenuated would result in flooding downstream, the developer has provided attennuation tanks, but is proposing to vest them with the individual householders (in whos land they reside) and other drainage in a management company... NOT a statutory undertaker. We have grave concerns that the tanks will not be maintained, and that the management company will be set up as a SPV (single purpose vehicle) or shell company that is wound up after the last sale. Any advice is welcomed....
Such an approach seems full of issues especially if is being vested with the individual householders. This would mean if a breach occurred the council would have to take formal enforcement action as breach of condition notice can only be served on the developer who carried out the works The condition infers that the applicant can indicate that the works will be adopted by a public body which I assume means they could indicate payment of an appropriate sum to cover adoption by the local authority or public body though this is one of the areas which to me is contrary to advise on conditions I sought an opinion of the council legal department which consider the matter should be dealt with by a 106 agreement especially as there is no public body currently willing to adopt I understand this issue may be covered shortly by the flood and water act which will place the reasonability for assessing and adopting suds on the relevant local authority body i.e. county unitary