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In the same way as the Local Planning Authority (LPA), the SAB has powers of enforcement in the event of a breach of SuDS Approval, or SAB relevant construction work taking place without SuDS Approval.

When can an enforcement function be exercised?

The SAB can take enforcement action when:

  • There is a breach of the requirement for approval (i.e. when construction work is started without SAB Approval)
  • There is a breach of approval condition
  • If construction does not comply with the approved SuDS design

What actions can be taken?

If a potential breach is reported, the SAB is entitled to exercise powers of entry in order to investigate this. If the SAB has reason to believe that there has been a breach, they could issue:

  • Temporary Stop Notice
  • Breach of Conditions Notice
  • Enforcement Notice
  • Stop Notice

A notice may be given at any time before a drainage system for the construction work is adopted, but not later than 4 years after the breach occurs. 

In the event that the notice is not complied with, the SAB may launch legal proceedings.

Right of Appeal

The perpetrator will have the right to appeal to the Welsh Ministers. See more about the appeals process here.

Further Information