Sustainable Drainage Systems

Erinstone complies with the new SuDS legislation and is a great SuDS Resin Bound solution. It also allows valuable time and money to be saved during the construction process. The natural drainage properties of Erinstone Resin Bound Stone laid on Trays often eliminates the need for additional drainage.

Here is where Erinstone and our product Resin Bound Stone comes in.

Erinstone can be your agent and fill in the necessary application for you.https://www.swansea.gov.uk/sustainabledrainage

Fully SuDS Resin Bound compliant, the cost for soakaway attenuation crates, land drains, channel drains etc. is reduced or redundant if laid on porous tarmac or Resin Trays. Sitting on top of the 150mm compacted sub-base and below the final Resin Bound Stone, this mid layer offers stability, strength and flexibility. Filled with 10mm chippings, Resin Trays offer another 40mm of porous material under the top surface. Water naturally drains through Resin Bound Stone and prevents surface water puddles and reduces the risk of ice. This super hard wearing product is easily and quickly laid with minimum mess on site. It also helps with grip and traction for pedestrians and cars alike. The U.V. stable Resin helps to protect the colour of our extensive range of stone blends against the elements for over 15 years so not only does it tick all the drainage boxes, it is also highly practical and beautiful too.

The natural and quick soaking properties of both the Resin Bound Stone and the Trays eliminate the need for infiltration trenches to be built along with gullies, filter and sump drains for the water to soak away. Not only is this a great SuDS solution, it also allows valuable time and money to be saved during the construction process.

We would love to discuss what we can do to help you comply with the legislation so, if you are addressing SuDS, think Erinstone and Resin Bound Stone!

Why SuDS is a good thing?

‘Sustainable Drainage’ means managing precipitation (rain, snow, etc.) Some of the benefits that SuDS Resin Bound can provide:

• Reduce damage from flooding
• Improve water quality
• Protect and Improve the environment
• Protect Health and Safety
• Ensure the Stability and Durability of Drainage Systems

including:

• Reduction in flood risk
• Enhanced biodiversity
• Improved water quality
• Opportunities for habitat creation

What is SuDS?

SuDS (Sustainable Drainage Systems) were introduced with the aim being to manage rainfall in a way that mimics natural processes, making use of the landscape and natural vegetation to control the flow and volume of surface water. Resin Bound Stone Systems do this well by allowing precipitation to permeate easily through the surface into the ground below.

How SuDS is controlled by legislation

Local authorities will now become SuDS Approving Bodies (SAB) (teams are currently in the process of being in place ready for the arrival of the new legislation). 

Any new SuDS developments that are designed in accord with the National Standards will need to be approved by the relevant SAB prior to the commencement of construction, as well as getting the necessary planning permissions. Construction work which has drainage implications may not be commenced unless a drainage system for the work has been approved by the approving body.

This chargeable service could take up to 7 weeks for approval so could delay any development. It is therefore vital to make sure that you have the best SuDS Resin Bound surface for the job not only to satisfy the SAB but also to avoid delays in the approval process. 

If you have passed planning permission then SuDS will have been considered. However if planning permission was not necessary and if your SAB was not notified then work can be stopped until you have shown that you are SuDS Resin Bound compliant.  ‘’The Minister shall by order provide for the enforcement of the requirement for approval in paragraph 7’’(Flood and Water Management Act 2010, Chapter 29, Schedule 3, P.57, https://www.legislation.gov.uk/ukpga/2010/29/pdfs/ukpga_20100029_en.pdf).

An order may, in particular, make provision about cases where:

– construction is commenced without a drainage system having been approved

– conditions of approval are breached

– construction does not conform to the approved proposals

An order may, in particular, provide for:

– notices (including enforcement notices, stop notices, temporary notice and breach of condition notices)

– applications to a court or tribunal

– powers (including (i) discretionary powers conferred on the Minister or specified authorities, (ii) powers of entry, (iii) powers of inspection, and (iv) powers to undertake and charge for remedial work)

– offences of failure to comply with the regulations or notices under them

– financial penalties

– rights of appeal

– compensation

An order may apply (with or without modification) or make provision similar to a provision of the Town and Country Planning Act 1990.

An order:

– may not be made by the Secretary of State unless a draft has been laid before and approved by resolution of each House of Parliament

– may not be made by the Welsh Ministers unless a draft has been laid before and approved by resolution of the National Assembly for Wales

What needs to be done to comply with SuDS?

In a nutshell you are not allowed to run surface water into a gully that connects with the sewerage pipe, or onto the street. You have to show that you have designed a drainage system that disperses water within your boundary. A Drainage System is a man-made structure designed to receive rainwater, for example ground drains, French drains, attenuation soakaways or Resin Bound Stone Systems. It does not include public sewers (see Water Industry Act 1991, Section 219(1)) or natural watercourses, such as rivers or streams.

A Drainage System includes anything rainwater touches that is intended to receive/facilitate water. This includes structures that are already in place and that you are proposing or intending to build. Examples of these are…

Drainage systems for all new developments must be designed and built in accordance with statutory SuDS National Standards, focussing on the following key areas:

1. Control of the surface water runoff destination.
2. Control of the surface water to protect people/property from flooding and protect the receiving water body from adverse environmental changes.
3. Minimising the potential pollution risk caused by the runoff water.
4. Ensuring the design of the wastewater system maximises any amenity benefits.
5. Ensuring the design of the wastewater system maximises biodiversity benefits. 
6. Designing systems that are safely constructed, maintained and operated whilst minimising any negative effects on the environment.

Does SuDS apply to my site?

All new developments of more than 1 house or where the total construction area is 100m2 or more will now need mandatory SuDS  Resin Bound provision for adequately managing surface water. In a nutshell if you are developing 2 or more houses or if you are building 1 house on a lot of land 100m2 or larger or if you are landscaping the front or back of your land where the area is 100m2 or larger then you have to notify you local authority (SAB) on how you are SuDS Resin Bound compliable.

https://gov.wales/topics/environmentcountryside/epq/flooding/drainage/?lang=en

History of SuDS 

How the rules have changed. From the 1970’s it was common practice to replace flower beds and grass lawns for hard standings for motor vehicles. We have also built many more homes on areas that were fields since then and will carry on as the population grows. More vehicles will need to be parked as urbanisation increases. The problem is that all the precipitation that falls cannot seep back into the water table under the ground. Around 163,000 properties in Wales are at risk of surface water flooding. It has been estimated that using SuDS will reduce flood damage by up to 30 per cent. Water that is channelled into our existing sewerage system overwhelms it and often causes that ‘bad smell’ at wastewater treatment plants and combined storm sewer overflows.

These 2 issues should be reduced by SuDS. Below is how the legislation has been adjusted.

Building Act 1984
26(1)At the end of section 21 of the Building Act 1984 (provision of drainage) add—
“(7)This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).”
(2)The power in section 59(1)(c) of the Building Act 1984 (power to give notice about unsatisfactory condition of drains) applies to sustainable drainage systems, as defined by regulations under paragraph 17(5) above, as to works mentioned in that section; and for that purpose—

(a) it does not matter whether the drainage system, or any part of it, is adopted under this Schedule, and

(b) a reference to a local authority is to be treated as a reference to the relevant approving body.

(3) At the end of section 59 add—

“(7) Schedule 3 to the Flood and Water Management Act 2010 extends the power under subsection (1)(c) of this section to sustainable drainage systems as defined in regulations under that Schedule.”
(4) In section 84(1) of the Building Act 1984 (paving and drainage of yards and passages) for the words “to a proper outfall” substitute “ (having regard both to the need to remove water from the court, yard or passage and also to the need to dispose of it satisfactorily in the course of or after its removal) ”.

New Roads and Street Works Act 1991
27 At the end of section 63 of the New Roads and Street Works Act 1991 (streets with special engineering difficulties) insert—

“(5) In addition to criteria for designation prescribed under subsection (2)(a), Schedule 3 to the Flood and Water Management Act 2010 requires designation in certain circumstances (relating to sustainable drainage systems).”

After section 106(1A) of the Water Industry Act 1991 (right to connect to public sewers) insert:
“(1B)The right under subsection (1) is subject to section 106A.”
After section 106 insert:

“106ASustainable drainage
(1)This section applies to a drainage system construction of which required approval under Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).
(2)A person may exercise the right under section 106(1) in respect of surface water only if—
(a)the construction of the drainage system was approved under that Schedule, and
(b)the proposals for approval included a proposal for the communication with the public sewer.
(3)Where subsection (2) is satisfied, the connection may not be refused—
(a)under section 106(4), or
(b)on grounds that the drainage system absorbs water from more than one set of premises or sewer, or from land that is neither premises nor a sewer.”
(3)After section 115(5) of the Water Industry Act 1991 (highway drains and sewers) insert—

“(5A)A sewerage undertaker must accept any use by a highway authority which is in accordance with a drainage system approved under Schedule 3 to the Flood and Water Management Act 2010.”
(Flood and Water Management Act 2010, Chapter 29, Schedule 3, P.57, https://www.legislation.gov.uk/ukpga/2010/29/pdfs/ukpga_20100029_en.pdf).

New SuDS legislation

As you are probably aware, there was a change in Government legislation concerning SuDS. It came into force on the 7th January, 2019. All new developments of more than 1 house or where the total construction area is 100m2 or more will now need mandatory SuDS resin Bound provision for adequately managing surface water. Not just for new builds; Any construction work which has drainage implications may not be commenced unless a drainage system for the work has been approved by the approving body before work starts. 

Construction work means anything done by way of, in connection with or in preparation for the creation of a building or other structure. (As soon as boots and tools are on site).

If the construction work has drainage implications, if it will affect the ability of land to absorb rainwater then you will need to conform with SuDS. For the avoidance of doubt, anything that covers land (such as a patio, drive or other surface) is to be considered a structure. (Forming an impermeable barrier between the structure and the sub-base)