Section 106 Drainage Agreement

A section 106 drainage agreement is a legally binding document that outlines the responsibilities of developers and local authorities in relation to the management of surface water drainage. It is a requirement of the Town and Country Planning Act 1990, and is often a condition of planning permission for new developments.

The purpose of the agreement is to ensure that surface water is managed effectively and does not cause any harm to the environment or local infrastructure. This includes preventing flooding, protecting water quality, and maintaining the integrity of local watercourses.

The agreement will typically specify the type of drainage system that must be installed, as well as any maintenance requirements. The developer will be responsible for the construction and ongoing maintenance of the system, while the local authority is responsible for monitoring compliance and enforcing the terms of the agreement.

In some cases, the agreement may also include provisions for the payment of a financial contribution towards the cost of providing additional drainage infrastructure in the wider area. This is known as a Section 106 contribution, and is designed to ensure that the development does not place an undue burden on the local community.

It is important to note that failure to comply with the terms of a section 106 drainage agreement can result in legal action being taken against the developer. This can include fines, legal injunctions, and even the revocation of planning permission.

If you are a developer or a local authority involved in the planning process, it is essential to understand the requirements of a section 106 drainage agreement. This will help ensure that your development is compliant with local regulations and that the surrounding community is protected from the potential negative impacts of surface water runoff.

Overall, a section 106 drainage agreement is a crucial component of the planning process for new developments. By ensuring that surface water is managed effectively, it helps to protect the environment, local infrastructure, and the wider community.



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