Badbury Park (Phases 1 & 2) – SuDS Responsibility and S106 Issues

To: Remus and Fexco Property Management Services

24 January 2026

Dear Rachel Harling and Matthew Hayward,

We are writing to summarise the final Stage 2 complaint findings issued by Swindon Borough Council (SBC) concerning SuDS responsibility at Badbury Park, Phases 1 and 2, and the associated Final S106 Completion Certificate, which may be relevant from a property management perspective.

The development was approved under planning application S/10/0842, with Sustainable Drainage Systems (SuDS) required by planning condition and secured through a Section 106 agreement.

SBC states that the SuDS were always intended to remain private and were not to be adopted by the Council. However, it has been unable to provide documentary evidence to support this position. As a result, there remains no clear or evidenced understanding of who is responsible for the maintenance and management of the SuDS serving Phases 1 and 2, in contrast to Phase 3, where responsibility is clearly defined.

The Council has confirmed that it:

• Does not hold as-built drawings for the SuDS;
• Cannot retrieve records evidencing how, when, or by whom the Final S106 Completion Certificate was approved;
• Accepts that the sign-off process was handled informally and without adequate documentation.

SBC has partially upheld the complaint, acknowledging that its historic S106 compliance process was below the standard it would expect and lacked proper records. Despite this admission, the Council maintains that the Final S106 Certificate was lawfully issued and that residents have not been prejudiced.

The core unresolved issue remains the absence of clear, documented responsibility for SuDS maintenance in Phases 1 and 2, and the lack of assurance that residents are protected from potential future liability.

Following receipt of the final Stage 2 response, the Coate (Badbury Park) Residents Working Group has referred the matter to the Local Government Ombudsman for independent review.

We are sharing this with Remus, as Managing Agent, for awareness, as the ongoing lack of clarity around SuDS (and associated public open space responsibilities) may have implications for estate management and resident liability.

We would welcome your views on whether this situation presents any management, operational, or liability considerations from your perspective.

Kind regards,


Peter Eves

Coate (Badbury Park) Residents Working Group Coordinator