1B

The right under subsection (1) is subject to section 106A.

106ASustainable drainage

1

This section applies to a drainage system construction of which required approval under Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).

2

A person may exercise the right under section 106(1) in respect of surface water only if—

a

the construction of the drainage system was approved under that Schedule, and

b

the proposals for approval included a proposal for the communication with the public sewer.

3

Where subsection (2) is satisfied, the connection may not be refused—

a

under section 106(4), or

b

on grounds that the drainage system absorbs water from more than one set of premises or sewer, or from land that is neither premises nor a sewer.

5A

A sewerage undertaker must accept any use by a highway authority which is in accordance with a drainage system approved under Schedule 3 to the Flood and Water Management Act 2010.