S104 Agreements

How to produce a compliant plan

Our plan requirements for Section 104 Agreements are as follows:

Plan scaled 1:1250 on current ordnance survey (or 1:500 if enough of the surrounding roads are shown).
Plan must be sized A3 or A4.
Scale stated on the plan, preferably with a bar scale.
North marker should be clearly marked on the plan.
Surrounding road names must be included on the plan.
Ensure 'do not scale' or 'for information only' is NOT printed on the plan.
Extent of the development cleary edged GREEN on the plan.
Sewer easement outside of any adopted highway shaded YELLOW
Foul sewers shown coloured BROWN
Surface water sewers shown coloured BLUE.

Frequently asked questions:

Where do we put the green boundary?

The Green boundary needs to go around the entire development site, as the green boundary needs to show all houses that are intended to be served by the sewers.

In most cases this is straightforward but in exceptional cases, such as a section 104 agreement with a developer who is putting infrastructure in place for a larger development site, a wider green boundary will be required. You will need to discuss your particular requirements with the Development Services teams.

Do all landowners within the green boundary need to be a party to the agreement?

Usually yes - other than individual plot owners.

Exceptions:

If the adoptable sewers are located within an individual plot owner's land, then they will also be required to be a party to the agreement. Whilst the plot transfer will usually reserve rights for us to access the sewers, they will not enable us to vest the sewers at the relevant time as the landowner is required to agree with us that we may do so.

A housing association will not need to be a party to the agreement if ALL the following conditions are met:

- The housing association’s sewers do not communicate with the
developer’s future adopted sewers in any way (this includes laterals
feeding in).

- The developer’s future adopted sewers do not cross the housing
association’s land.

Where a landowner is putting infrastructure in place for a wider development but those wider developments are to be the subject of separate section 104 agreements with different developers. You will need to discuss your requirements with the Development Services Teams.

Does a resident’s association have to be a party to the agreement, or should it be the landowner?

Residents associations have management functions but are not landowners. They will not need to be a party to the agreement in addition to the landowner.

Need help or want further information?

Email: drainage@anglianwater.co.uk

Call: 03456 066 087 (08:00 to 17:00 Monday to Friday)