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Where the SAB believes there has been a breach in the original agreement and either;

  • The construction of the development has commenced without the necessary approval.
  • the drainage system has not been constructed as per the proposed design or;
  • may not be completed 

the SAB may exercise enforcement powers issued under Schedule 3 of the Flood and Water Management Act 2010. 

Under the Enforcement Order, if a developer breaches the requirement for approval, the SAB may issue an enforcement notice. An enforcement notice may be given at any time before a drainage system is adopted. The enforcement notice may require the developer to take steps to rectify a breach or where the SAB believes the issue may not be resolved, the SAB can arrange to rectify any breaches at the developer's expense.  

A developer who is given an enforcement notice may by notice appeal to the Welsh Ministers (PINS) against the decision on the grounds that it was; based on an error of fact, wrong in law, unreasonable or there was no breach of the requirement for approval.

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