# The Sustainable Drainage (Approval and Adoption) (Wales) Order 2018, Note: Explanatory note

Extent: E+W

(This note is not part of the Order)
This Order makes provision in relation to the requirement for approval of, and requests for adoption of, sustainable drainage systems under Schedule 3 to the Flood and Water Management Act 2010 (c. 29) (“the Act”).
Article 3 provides that certain types of construction work are not to be treated as having drainage implications.
Article 4(1) provides that construction work which does not require planning permission is excepted from the requirement in paragraph 7 (“requirement for approval”) of Schedule 3 to the Act. Article 4(2) provides that the exception does not apply where the construction covers an area of 100 square metres or more.
Article 5(1) provides that where planning permission is required in relation to construction work, and is granted, or a valid application for planning permission received, by a planning authority for construction work, before 7 January 2019 (the coming into force of this Order), the requirement for approval does not apply.
Article 5(1) is qualified by article 5(2), which provides that the exception in article 5(1) does not apply where the grant of planning permission was subject to a reserved matter, and an application for approval of the reserved matter is not made within the period of 12 months beginning on 7 January 2019.
Article 6 provides that, whether or not planning permission is required, construction work involving the construction of a single dwelling house, or other type of construction, which covers an area of less than 100 square metres, is excepted from the requirement for approval.
Article 7(1) provides that an approving body must determine a request for adoption of a drainage system within 8 weeks of receipt of the request, or any longer period agreed between the approving body and the developer, before the expiry of the initial 8 week period.
Article 7(2) provides that a failure of the approving body to determine a request within the period specified in article 7(1) is deemed to be a refusal of the request.
A regulatory impact assessment in relation to Wales has been prepared on the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

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Source: https://www.legislation.gov.uk/wsi/2018/1074/note (the official version)
Page: https://openlegislation.uk/sustainable-drainage-approval-and-adoption-wales-order-2018/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.