Subject: Sustainable Drainage System (SuDS) – Conveyancing, CON29 and Badbury Park Phases 1 & 2
27 January 2026
To our Solicitor
Re: Conveyance of Biddestone Avenue, Coate, Swindon SN3 6DE
Badbury Park – Phases 1 and 2 – Sustainable Drainage System (SuDS)
I am writing further to our previous correspondence and discussions regarding the unresolved issue of responsibility for the Sustainable Drainage System (SuDS) serving Badbury Park Phases 1 and 2.
As you will be aware, this matter has re-emerged following ongoing engagement with Swindon Borough Council (SBC), including recent pre-action correspondence.
The core difficulty remains that there is no clear or definitive document—whether within the TP1, Section 106 Agreement, planning conditions, or any related conveyancing documentation that identifies who is legally responsible for the long-term ownership and maintenance of the SuDS serving our property.
You have previously confirmed in writing that you were not informed by the developers or their solicitors as to SuDS responsibility at the time of our purchase in February 2016. We understand that, at that stage, certain matters remained subject to Reserved Matters.
However, this does not resolve the concern that, as purchasers, we reasonably relied upon the conveyancing process including the Local Authority search and CON29 enquiries—to identify material risks and liabilities affecting the property.
As you know, a CON29 search is undertaken by the purchaser’s conveyancing solicitor on their behalf and is not dependent upon voluntary disclosure by the developer.
Given that Swindon Borough Council has a published policy on Sustainable Drainage Systems and maintains (or ought to maintain) records relating to SuDS, it remains unclear why no warning, qualification, or advice was provided to us regarding the absence of clarity on SuDS adoption or maintenance responsibility particularly when Phase 3 documentation later made such responsibility explicit through a management company arrangement.
The contrast between:
- Phases 1 and 2, where responsibility remains undefined; and
- Phase 3, where SuDS responsibility is expressly identified, has now resulted in uncertainty, potential liability, and ongoing distress for affected residents.
We are not asserting that you were deliberately at fault. However, given:
- the reliance placed on your firm for conveyancing advice,
- the absence of any clear warning at the time of purchase,
- and the continuing impact on property owners, we believe it is appropriate and necessary for you to engage constructively in helping to resolve this issue, alongside the developer and Swindon Borough Council.
In light of the above, we ask that you:
- Re-review the conveyancing file, including the CON29 results and any planning or drainage references available at the time of purchase;
- Clarify what advice (if any) was given to purchasers in Phases 1 and 2 regarding SuDS responsibility or uncertainty; and
- Confirm what steps are prepared to take to assist residents in seeking clarity and resolution on SuDS responsibility going forward.
As you will appreciate, we are also mindful of the limitation periods applicable to professional negligence claims, including the “date of knowledge” provisions. While it is not our preference to escalate matters unnecessarily, we must ensure our position is properly protected.
We would welcome your written response within 14 days and hope this matter can be addressed constructively and proportionately.
Yours sincerely,
(on behalf of affected property owners who instructed you as conveyancing solicitors)