An agreement under Article 38 is concluded and provides for a method for a motorway that has been built or is to be built in order to be able to be built at public cost. In most cases, a highway to be maintained in public will include provisions for highway drainage. (Motorway drainage is defined in section 100(9) of the Motorway Act 1980). Examples of our drainage skills are the comprehensive detailed planning of drainage plans for clients such as large home builders, sustainable drainage designs for important employment developments, including in-line and offline damping, compensation ponds, soakaways, swales, underground storage tanks and dry ponds. Our drainage skills are also taken into account in our Flood Risk Assessment services (see www.floodrisk.co.uk), which ensure that all recommended drainage or flood risk mitigation measures have the best value and design and are suitable for such development. The usual course of adopting drainage for new development is either through the Section 38 Agreement (Highways Act 1980) or the Section 104 Agreement (Water Industry Act 1991), depending on who will take charge of the drainage system. Existing drainage systems may also be proposed for adoption by an agreement under Section 102 (Water Industry Act 1991). This agreement allows the acceptance of a channel or a lateral flow by a sewer bogeyman. Certain sections of the Highways Act 1980 and the Water Industry Act 1991 allow for the adoption of a drainage system by a sewer bogeyman (then responsible for the future maintenance of the system). The adoption of a drainage system by an agreement under section 38 applies to a drainage system that drained only one accepted highway. The drainage system only absorbs highway flows that are assumed (or prospectively assumed) and no private drainage or drainage enters the system. The last adoption authority is the local authority or the Council.

The cost of entering into such an agreement varies according to the size of the evolution. Our drainage planning service offers our clients valuable advice on the most emotional and practical solutions to solve drainage problems and available options, including sustainable drainage systems (SuDS). Sanderson Associates offers a comprehensive drainage planning service for developers, ranging from small private drainage systems to large pollution and surface water drainage systems for acquisition with additional SuDS systems, so that developments can meet planning requirements with respect to surface water flow requirements and stormwater drainage requirements. The adoption of a drainage system by a Section 104 agreement is a drainage system that drains private areas (such as roofs and entrances) as well as highway drainage (if both drain into the same sewerage system). The last authority of adoption is the sewer croque-mort. The cost of entering into such an agreement varies depending on the size of the development and drainage system required. A section 106 agreement allows for a new connection to an existing public sewer. An agreement under section 104 is entered into and provides a method for a drainage system that has been or is to be constructed, which may be maintained at the expense of the sanitation authorities. Maps identify the location and size of known public sewers and water pipes in the locality of the land or land….

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