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home > using suds > legal issues > planning and approval scotland and northern ireland
Drainage in Scotland is split between several authorities with different responsibilities. Recent discussions between these authorities have clarified the maintenance responsibilities for new drainage systems (in most cases) for a trial period. The key to successful decision-making is consultation between developers, professionals and regulatory authorities. This will produce consensus on design criteria and lead to selection of appropriate drainage techniques for each development. Different bodies have these responsibilities in Northern Ireland and different legislation applies, but the need for consultation is the same and the Scottish procedures can be used as a guide.
Since local government reorganisation in April 1996, surface water drainage responsibilities outside private properties are split between three main bodies:
Local authorities act as planning authorities, building control authorities and roads authorities. New development, including drainage, requires the approval of local authority planning departments. Roads authorities, water authorities and SEPA are statutory consultees to the planning process. The planning process is therefore used to co-ordinate drainage control for new developments. Local authority-led Flood Appraisal Groups co-ordinate action where catchments include several separate local authorities. NPPG7 (policy guidance on flooding and planning) sets out some of the issues relating to planning and flood management.
Some authorities are committed to SUDS and are working together to promote their use. The use of SUDS now features in some local plans and in planning authorities’ policy guidance. Eventually SUDS will be incorporated into local plans. This will reduce the need for early consultation because the regulatory authorities’ criteria for drainage design will already have been set out. In the meantime, regulatory authorities are forging agreements and improving the approval process for developers.
Discussion between authorities has been instrumental in finding solutions to problems caused by drainage constraints.
For example, some local authorities and water authorities have agreements for shared drainage so that a single system can drain water from properties and roads. Under these agreements, shared surface water sewers are owned and maintained by the water authority. The local authority looks after pipes that only serve road drains and empties the gully pots.
The most helpful legislation is Section 7 of the Sewerage (Scotland) Act. This requires roads and water authorities to enter into agreements for shared drainage and is the basis of the agreement for maintenance of public SUDS.
Ownership and maintenance responsibility for systems that are not covered by shared drainage agreements are as follows:
Ownership of the land within the curtilage of the property may also change through the development process, with a landowner selling the land to a developer and this then being sold to the final owner. Each party should be aware of any drainage requirements in terms of land use restrictions or maintenance requirements.
Formal approval for a drainage system is needed from:
Each regulatory authority has its own powers – there is no hierarchy of statutory instruments.
The planning authority draws up structure and local plans. It identifies areas for different land uses in local plans.
The planning system is used to co-ordinate consultation between the approving authorities, but the licence and consents have to be applied for separately – they are not granted automatically when a planning application is approved.
Other interested parties, such as members of the public and non-governmental organisations, also make use of the planning process to promote their views.
Planning authorities can set criteria for the design of the drainage system that will fulfil some of their amenity objectives, such as provision of public open space. In appropriate circumstances, a planning authority may seek agreements to ensure continued maintenance commitments are met.
Building control officers have to be satisfied that adequate provision has been made for drainage. The proposed system should be designed and constructed to meet the Technical Standards for compliance with the Building Standards (Scotland) Regulations 1990 (as amended).
Building control departments (building quality departments in some authorities) will therefore be interested in the location of drainage systems and their proximity to structures. Interpretation of the Building Regulations might vary between authorities.
Water authorities issue technical approval of the proposed sewerage infrastructure to serve the development. Provided that the infrastructure is constructed in accordance with the approved layout and in accordance with the water authority’s specification it shall generally be accepted.
Construction consent is required from the local authority, as the roads authority, to construct or alter a road that will be adopted by the authority. Connection of a private road or access to the local road network will require the authority’s permission. Trunk roads are the responsibility of the Scottish Executive, from whom permission to alter or connect to a trunk road should be sought.
Each authority sets down standards which developers must follow throughout the construction process to ensure that adoptable roads are of satisfactory construction, safe for the public to use and able to be easily maintained. Effective road drainage is fundamentally important to road safety and to the integrity and structural stability of the road, including its footways, verges and margins. When considering construction consent applications local authorities will want to be satisfied that SUDS employed in particular locations meet their road drainage requirements and will not require onerous maintenance.
The Control of Pollution Act 1974 (as amended) gives SEPA powers to consent discharges to controlled waters. The Act defines three categories of discharge:
Discharges of "other matter" to controlled waters do not require consent unless SEPA serves a prohibition notice. Such a notice may be absolute (requiring a discharger to apply for consent) or conditional. Discharges of "other matter" to land are not subject to SEPA's statutory control.
Even if a consent to discharge is unlikely to be required, SEPA should be made aware of the drainage proposals.