If you are a developer or landowner looking to carry out construction works on a piece of land that could affect a public highway or footpath, then you will need to obtain a Section 104 Agreement.
A Section 104 Agreement is also known as a drainage agreement. It is an agreement between the developer and the relevant water authority that sets out the terms and conditions for the construction, adoption, and maintenance of the drainage infrastructure necessary to serve the development.
The construction of the drainage infrastructure must be carried out to the satisfaction of the water authority, who will then adopt the infrastructure once it has been completed. This means that the water authority will take over the responsibility for maintaining and repairing the drainage infrastructure, ensuring that it remains effective and functional for the lifetime of the development.
So, where can you obtain a Section 104 Agreement?
The first step is to contact the relevant water authority that covers the area in which your development is located. The water authority will have a team of engineers who will oversee the adoption of the drainage infrastructure and who will be responsible for ensuring that it meets the required standards.
The process of obtaining a Section 104 Agreement usually begins with a pre-application consultation with the water authority. This is an opportunity for the developer to discuss the proposed development and the drainage requirements with the water authority and to identify any potential issues or concerns.
Once the pre-application consultation has been completed, the developer will need to submit a formal application for a Section 104 Agreement. This will usually involve submitting detailed plans and specifications for the drainage infrastructure, along with any supporting documentation required by the water authority.
Once the application has been submitted, the water authority will review the plans and specifications to ensure that they meet the required standards. If any issues are identified, the water authority may request further information or amendments to the plans and specifications.
Once the plans and specifications have been approved, the developer will be required to enter into a legal agreement with the water authority. This agreement will set out the terms and conditions for the construction, adoption, and maintenance of the drainage infrastructure, and will usually include a schedule of works and a timetable for completion.
In conclusion, obtaining a Section 104 Agreement is a necessary and important step in the construction of any development that could affect public highways or footpaths. By working closely with the relevant water authority, developers can ensure that their drainage infrastructure meets the required standards and is adopted and maintained in a way that benefits the wider community.