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.