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).
A person may exercise the right under section 106(1) in respect of surface water only if—
the construction of the drainage system was approved under that Schedule, and
the proposals for approval included a proposal for the communication with the public sewer.
Where subsection (2) is satisfied, the connection may not be refused—
under section 106(4), or
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.