{
  "url": "https://openlegislation.uk/tillbridge-solar-order-2025/article-18",
  "json_url": "https://openlegislation.uk/tillbridge-solar-order-2025/article-18.json",
  "legislation": "uksi/2025/1105",
  "legislation_title": "The Tillbridge Solar Order 2025",
  "legislation_url": "https://openlegislation.uk/tillbridge-solar-order-2025",
  "path": "article/18",
  "kind": "article",
  "number": "18",
  "heading": "Discharge of water",
  "text": "(1) Subject to sub-paragraphs (3) and (4) and (7) the undertaker may use any watercourse or any drain for the drainage of water for the purposes of, or in connection with the authorised development, and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse or drain.\n(2) Any dispute arising from the making of connections to or the use of a drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991.\n(3) The undertaker must not discharge any water into any watercourse or drain except with the consent of the person to whom it belongs whose consent may be given subject to terms and conditions as that person may reasonably impose.\n(4) The undertaker must not make any opening into any drain except—\n(a) in accordance with plans approved by the person to whom the drain belongs; and\n(b) where that person has been given the opportunity to supervise the making of the opening.\n(5) Where the undertaker discharges water into, or makes any opening into, a watercourse or drain belonging to or under the control of a drainage authority (as defined in Part 3 of Schedule 15 (protective provisions)), the provisions of Part 3 of Schedule 15 (protective provisions) apply in substitution for the provisions of paragraphs (3) and (4).\n(6) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.\n(7) This article does not authorise the entry into controlled waters (within the meaning given by section 104 of the Water Resources Act 1991) of any matter whose entry or discharge into controlled waters requires a licence pursuant to the Environmental Permitting (England and Wales) Regulations 2016.\n(8) In this article—\n(a) “drain” means a drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation; and\n(b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 18 in force at 5.11.2025, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1991 c. 56."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 2016/1154."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1991 c. 57."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/1105/article/18",
    "retrieved_at": "2026-10-28T21:10:37.351261+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}