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We will adopt only drains laid for the sole purpose of discharging surface water from the highway. The developer will need to prove a right to discharge surface water from the highway to an existing sewer, a proposed sewer or a water course.
If the highway water discharges into sewers containing roof or yard water (or both) Severn Trent Water Ltd must approve the proposals and they must be included in a sewer Agreement (Section 104 Agreement of the Water Industry Act 1991). In these cases the Council will not adopt a new road until the water company has adopted the sewer.
Where surface water pipes are laid to drain proposed or existing public highways alone, they will remain highway drains and be part of the highway to be adopted. Road gullies and gully connections will be adopted by the Highway Authority as part of the road. No part of any highway drain, manhole, gully, etc., must be positioned closer than 3m from any structure without the prior approval of the Highway Authority.
Highway drains should be situated within the limits of the highway wherever possible. Where any part of a highway drain or gully connection is situated outside of these limits a formal Deed of Easement will be required to allow the Highway Authority to gain access to the land for maintenance and repairs.
The Flood and Water Management Act came into effect in April 2010. The Act takes forward a number of recommendations from the Pitt Review into the 2007 floods. This legislation will be a significant change to the way the industry undertakes adoption of sewers and lateral drains, requirements for bonding and much greater use of sustainable drainage systems. It is likely that the Council will become the SuDS Approval Body (SAB). This will lead to a fundamental shift in the adoption of surface water drainage systems. Further guidance can be obtained from bodies such as DEFRA, NHBC or the water company..
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