S106 Agreement Drainage


Blackstone Solicitors understands the importance of navigating the legalities of property development. For projects involving new drainage connections, a Section 106 agreement (S106) plays a crucial role. In this article, S106 Agreement Drainage, we take a look at the process and mechanism involved.

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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of S106 agreements, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

What is a Section 106 Agreement?

A Section 106 agreement is a legally binding contract authorised by Section 106 of the Town and Country Planning Act 1991. It acts as a planning obligation outlining additional measures a developer agrees to undertake alongside their development project. These measures can encompass various aspects, including:

  • Affordable housing provision
  • Public transport improvements
  • Open space creation
  • Drainage infrastructure contributions

Why is Drainage Considered in S106 Agreements?

New developments can significantly impact existing drainage infrastructure. Increased surface area and potential changes in water flow patterns can strain existing drainage systems, leading to flooding risks. S106 agreements address this by ensuring developers contribute to necessary drainage improvements as part of their overall project.

Types of Drainage Considerations in S106 Agreements

Several drainage-related aspects can be included in an S106 agreement:

  • Financial Contributions: The developer may be required to contribute financially towards the upgrade or expansion of existing drainage infrastructure to accommodate the increased water flow from the new development. This contribution could be a lump sum payment or a proportional share of the overall upgrade cost.
  • Drainage Scheme Design and Implementation: In some cases, the S106 agreement may specify the developer’s responsibility for designing and implementing a new drainage scheme specific to the development. This could involve installing new drainage pipes, soakaways, or sustainable drainage systems (SuDS).
  • Maintenance Responsibilities: The agreement may outline the developer’s responsibility for maintaining the newly installed or upgraded drainage infrastructure for a specific period. This ensures the continued functionality of the system and avoids future issues for the local authority.

Benefits of S106 Agreements for Drainage

S106 agreements offer several advantages for drainage management in new developments:

  • Planned Infrastructure Improvements: They ensure necessary drainage upgrades are implemented alongside the development, mitigating potential flooding risks and protecting existing infrastructure.
  • Sustainable Drainage Solutions: S106 agreements can encourage the implementation of sustainable drainage systems (SuDS) within developments, promoting rainwater harvesting and reducing the strain on traditional drainage networks.
  • Clear Responsibilities: The agreement clearly outlines the developer’s financial and operational responsibilities regarding drainage, ensuring a shared understanding with the local authority.

Blackstone Solicitors: Your Partner in Effective S106 Agreements

Blackstone Solicitors possesses a wealth of experience in planning law and can support you throughout the S106 agreement process for your development project. We can assist you with:

  • Negotiating S106 Agreements: Our team will negotiate the terms of the S106 agreement with the local authority on your behalf, ensuring your drainage obligations are fair, reasonable, and aligned with your project’s scope.
  • Drainage Expertise: We collaborate with drainage engineers to ensure the S106 agreement reflects technically sound and sustainable drainage solutions for your development.
  • Legal Compliance: Blackstone Solicitors will ensure the S106 agreement complies with all relevant planning regulations and legislation in England and Wales.
  • Clear Communication: We will keep you informed throughout the process and provide clear explanations of the drainage-related aspects of the S106 agreement.

Contact Blackstone Solicitors Today

Effective drainage management is crucial for successful developments. Blackstone Solicitors can guide you through the S106 agreement process, ensuring your project incorporates sustainable drainage solutions and meets all legal requirements. Contact us today to discuss your development project and explore how we can support your drainage considerations within the S106 agreement.

Additional Considerations

  • Early Engagement: Engage with the local authority and drainage experts early in the planning process to understand their drainage requirements and potential S106 contributions.
  • Drainage Impact Assessment: A thorough drainage impact assessment should be conducted to evaluate the development’s impact on existing infrastructure and determine the necessary drainage solutions.
  • Collaboration: Maintaining open communication and collaboration with the local authority and drainage engineers is key to achieving a mutually beneficial S106 agreement regarding drainage for your development.

How we can help

We have a proven track record of helping clients deal with the legal aspects of S106 Agreements. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Commercial Property Solicitors

It is important for you to be well informed about the issues and possible implications of a S106 agreement. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Commercial Property solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.

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