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Planning Practice Note:
Foul Water Drainage

 INTRODUCTION

This leaflet gives information to help you when you ask for advice from South Shropshire District Council before submitting an application for planning permission that involves non-mains drainage.

The most recent Government advice is set out in DTLR Circular 03/99.  This sets out policies and procedures for planning controls on proposals for non-mains sewerage so as to avoid environmental, amenity or public health problems.

General principles

The main issues set out in the Circular are as follows:-

  • Mains drainage should always be used where it is technically feasible to do so, even if this would be more costly than other alternatives.
  • Sealed cesspools are unsatisfactory because:
    • they are very expensive to operate;
    • they often give rise to pollution incidents because of inadequate emptying or maintenance.
  • Septic tanks and other non-mains sewerage systems discharging to the environment must satisfy 11 tests of suitability, these are set out below.
  • Applicants for planning permission must show that there will be no adverse environmental impacts arising from any of these tests as part of their application for planning permission.

Planning applications must include drainage details

The Circular makes it clear that:

  • the past practice of granting planning permission subject to satisfactory drainage proposals is no longer appropriate;
  • septic tanks and other forms of drainage with outfall to the environment are only acceptable if there is no risk of environmental damage arising from their use;
  • the possibility that there might be environmental damage would be sufficient reason to refuse planning permission.

Applications for planning permission which require non-mains drainage must include a report:

  • which is prepared by a suitably qualified person;
  • which contains such expert advice as may be necessary including the views of the Environment Agency;
  • which shows that all 11 tests are satisfied or the extent to which they are not;
  • which must contain the results of percolation tests carried out under BS6297 by a suitably qualified person.

Planning applications which do not contain the required information are liable to be delayed, or refused planning permission for lack of information.

All applications involving non-mains sewerage will be forwarded to the Environment Agency and the Council's Environmental Health Department for advice.  Their views will be taken into account when the application is determined.

THE 11 PLANNING REQUIREMENTS FOR NON MAINS SEWERAGE

The assessment of non-mains drainage proposals should include full and detailed consideration of the following factors.

1. Contravention of recognised practices:  The assessment must consider carefully any evidence that the proposal might cause environmental damage in the light of any:

  • statute;
  • regulation;
  • directive;
  • Code of Practice;
  • byelaw;
  • water quality objective;
  • any other authoritative standard such as:
    • British Standards:
    • the Environment Agency's Policy and Practice for the Protection of Groundwater (republished 1998);
    • any other Environment Agency report;
    • any report of the British Geological Survey;
    • research papers or reports with proven conclusions.

2. Adverse effect on water sources or resources:  Any information which shows that the area has geological formations which could allow pollution of:

  • rivers, streams and other surface water;
  • the interests of riparian owners downstream;
  • groundwater;
  • public or private water supplies;
  • water used for animal husbandry or agriculture;
  • water features used for recreation.


 
3. Health hazard or nuisance:  Any evidence which shows that the proposal might lead to a risk to public health or cause a nuisance.
 
4. Damage to controlled waters: Any evidence which shows that the proposal might lead to a risk of pollution to controlled waters (territorial, coastal, inland fresh-waters and groundwaters).
 
5. Damage to the environment and amenity: Any evidence which shows that the proposal might lead to a risk of pollution (particularly by raw or partially treated sewage) to:

  • any land with environmental or amenity value;
  • any Site of Special Scientific Interest (SSSI) or Area of Outstanding Natural Beauty (AONB);
  • any public open space;
  • any other land.

6. Overloading the existing capacity of the area: Evidence that the proposal might lead to a risk of ponding, sewage flooding, pollution or nuisance because of:

  • the scale of the proposal itself;
  • the cumulative effect of the proposal with:
    • other proposals;
    • existing capacity problems in the area;
    • both of these.

7. Absence of suitable outlets: Evidence that there is no satisfactory water courses or adequate land for soakage to accommodate the disposal of effluent.
 
8. Unsuitable soakage characteristics:  The results of percolation tests carried out in accordance with BS 6297, (preferably carried out in winter conditions when the soils are saturated),  showing that the soil conditions would not allow effective disposal of any sewage effluent.
 
9. High water table: Evidence from 'rest water levels' in trial holes showing that the water table is so high that at any time of the year it could inhibit the dispersal of effluent.
 
10. Rising ground water levels: Evidence, showing that the ground water levels have been rising consistently and might:

  • interfere with the effluent disposal system;
  • cause damage to other land or property because of  landslip or subsidence.

11. Flooding:  Evidence, such as records of frequencies and levels of previous flood incidents, showing that flooding might lead to environmental or amenity problems.

FURTHER ADVICE

Further advice may be obtained from:


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Stone House, Corve Street,
Ludlow, Shropshire, SY8 1DG.
Tel:  (01584)  813000
fax:  (01584)  813128
E-mail: planning@southshropshire.gov.uk


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Author: Planning and Building Control. Last Updated: 15/2/2007.
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