Paragraph 79 I1

England and Wales

(1)

Without limiting the other provisions of this Part, the undertaker must compensate the relevant drainage authority in respect of all claims, demands, proceedings, costs, damages, expenses or loss that may be made or taken against, recovered from or incurred by, the relevant drainage authority by reason of—

(a)

any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(b)

any raising or lowering of the water table in land adjoining the authorised development or any sewers, drains and watercourses;

(c)

any flooding or increased flooding of any such land; and

(d)

where the relevant drainage authority is the Environment Agency, inadequate water quality in any watercourse or other surface waters or in any groundwater, that is caused by the construction of any specified work by the undertaker or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

(2)

The relevant drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

Annotations

Commencement

I1: Sch. 17 para. 79 in force at 1.1.2022, see art. 1