If you feel that the SuDS Approval Body's (SAB) ruling is unreasonable, you have the right to appeal the decision by notice to the welsh ministers as outlined within The Sustainable Drainage (Appeals) (Wales) Regulations 2018.
However, Welsh Governments Sustainable Drainage (SuDS) Statutory Guidance describes that the best course of action is to negotiate and work with the SAB to rectify any disputes regarding SAB decisions.
What Can Be Appealed
The regulations specify that a developer may appeal against a decision by notice to the Welsh Minsters on the following grounds:
- Refusal of an application for approval.
- Imposition of a condition of approval.
- Refusal of a request to adopt.
- Imposition of enforcement powers
Effect of Appeal
If you should make an appeal against a decision, it should be noted that the appeal does not have the effect of suspending the decision.
If you appeal against a decision regarding the imposition of a condition of approval, construction work must not commence or continue until the appeal is determined or withdrawn.
Where an applicant makes an appeal on a decision of approval and does not adhere to Appeals regulations, the applicant may be subject to enforcement activities from the SAB.
When determining the application, the Welsh Ministers may affirm, substitute or modify the decision by removing, substituting or imposing conditions for approval.
Time Limit for making an Appeal
An appeal must be made within the period of 6 months from:
- The date of the decision.
- The date of the expected decision if the approving body refuses the application based on the fact that the determined decision was not met on time.
Making an Appeal
To make a formal appeal please contact Planning Inspectorate Wales. The appeal must at the same time be copied to the SAB. The Planning Inspectorate Wales (PINS) will then handle the appeal on behalf of the Welsh Minsters. A copy of the form needed to make an appeal is available by contacting PINS:
Telephone: 0303 444 5940