Urgent Update SuDS 19 September 2026
Subject: Badbury Park Phases 1 & 2 – SuDS / Surface Water Drainage – Record of Current Position and Request for Clarification
Re: Badbury Park, Coate, Swindon – Phases 1 & 2 Sustainable Drainage System (SuDS), surface water drainage, adoption and maintenance responsibility
Coate (Badbury Park) Residents Working Group are writing to all parties involved so that there is a clear written record of the information and documentation now available concerning the SuDS and surface water drainage arrangements at Badbury Park.
Following our extensive review of historic conveyancing, planning and drainage documentation, our current understanding is as follows.
1. The purchasers’ Information Sheet relating to Badbury Park stated that the estate roads and sewers would be constructed to adoption standards and that agreements under Section 104 of the Water Industry Act 1991 were “in hand”. It further stated that, once those agreements had been completed, an examined copy would be supplied.
2. The purchasers’ Information Sheet also referred to the existence of a plan showing all drainage connections.
Our TP1 documentation defines “Estate Sewers” as sewers, drains, pipes and associated apparatus constructed or to be constructed on the Estate which were intended to be adopted as maintainable at public expense.
3. We have now also obtained from our MP Heidi Alexander a Deed of Grant of Easements and Covenant dated 1 May 2024, entered into between:
Thames Water Utilities Limited, and Redrow Homes/Persimmon Homes Limited.
That Deed specifically identifies:
- a surface water sewer;
- a surface water outfall structure;
- a Sustainable Urban Drainage System (SuDS);
- rights for surface water to pass through the sewer and structure into the SuDS;
- the passage of water through and across the SuDS; and
- discharge from the SuDS via identified exits.
Of particular relevance, clause 4.6 refers expressly to:
“the duty of the Grantor to maintain the Sewer until it shall vest in Thames Water”. The Grantor is defined as Redrow and Persimmon Homes Limited.
Schedule 2 also contains covenants requiring the Grantor to keep the Sewer, Structure and Exits free from blockages and to ensure the free flow of surface water through, across and within the SuDS.
We also understand that the relevant Section 106 Final Certificate concerning the Public Open Space and SuDS has not been completed/issued.
4. At the same time, residents are currently being charged estate service charges through Remus / Badbury Park (Swindon) Management Company Limited, including costs associated with estate infrastructure which we understand may include the SuDS.
We therefore consider that an important point now requires clarification: What legal document, certificate, transfer, deed or other event transferred responsibility for the SuDS and associated surface water infrastructure from Redrow/Persimmon to Badbury Park (Swindon) Management Company Limited and/or Remus/Fexco?
To enable the position to be properly understood, we would be helpful if the relevant parties could confirm:
- Who currently owns the SuDS land and infrastructure serving Phases 1 & 2.
- Who is currently legally responsible for maintaining the SuDS.
- Which surface water sewers and structures have been adopted or vested in Thames Water.
- Which surface water infrastructure remains unadopted.
- Whether a Section 104 agreement relating to this system was completed and, if so, please provide the agreement and associated adoption plan.
- Whether the S106 Final Certificate for the POS and SuDS has been issued.
- If it has not been issued, what effect that has on responsibility for the SuDS and any proposed transfer to the Management Company.
- The date and legal basis upon which Badbury Park (Swindon) Management Company Limited and/or Remus became responsible for maintaining the SuDS.
- The clause within the relevant TP1, transfer or management documentation relied upon to recover SuDS maintenance costs from individual homeowners.
- Whether Redrow and/or Persimmon remain responsible for any part of the system pending formal adoption, vesting, certification or transfer.
We are not seeking to prejudge the legal position. Our purpose in circulating this email is to ensure that all parties are working from the same documentation and that there is a clear written record of the outstanding questions.
If any part of our understanding above is incorrect, please identify the relevant point and provide the documentary evidence supporting the correct position.
Given that these matters potentially affect a significant number of property owners at Badbury Park, we would appreciate a coordinated written response wherever possible.
We look forward to all parties involved acknowledging this Email
Yours faithfully,
Peter Eves
On behalf of the Coate (Badbury Park) Residents Working Group
Update 16 September 2026
Formal Complaint – Surface Water Drainage Charges, Badbury Park, Commonhead, Swindon
Dear Thames Water Complaints Team,
Re: Surface Water Drainage Charges – Badbury Park, Commonhead, Swindon
Account: !!!!!!
I am writing to raise a formal complaint regarding Thames Water’s decision to reinstate Surface Water Drainage (SWD) charges for my property and, apparently, a significant number of other properties across Badbury Park.
I received a letter dated 11 September 2026 stating that Thames Water has determined that my property is connected to its network and that Surface Water Drainage charges will therefore be reinstated.
However, surface water from my property drains into the Badbury Park Sustainable Drainage System (SuDS), including the estate’s attenuation/balancing ponds. Thames Water has previously accepted that our surface water drainage does not discharge directly into the main sewer network, and a Surface Water Drainage rebate has therefore been applied.
During a WhatsApp conversation with Thames Water on 16 September 2026, I was advised that your “back-end team” had reviewed the property and concluded that it was connected for Surface Water Drainage purposes. However, the adviser was unable to provide any technical records, drainage plans, sewer plans or other evidence supporting that conclusion. I was simply advised to wait until 28 September 2026 for further information. This is not an adequate response, particularly when charges are being changed on customers’ accounts.
I therefore request that Thames Water provides the following information as part of this formal complaint:
- Confirmation that Thames Water’s finding relates specifically to surface water drainage, rather than simply confirming that the property has a foul sewer connection.
- A copy of the drainage plans, sewer records or other technical evidence showing the route taken by surface water from my property.
- The location and asset reference of the Thames Water public sewer into which you claim surface water from my property ultimately discharges.
- Confirmation of whether Thames Water considers the Badbury Park SuDS, attenuation ponds or balancing ponds to discharge into a Thames Water public sewer.
- An explanation of what has changed since Thames Water previously accepted that these properties qualified for a Surface Water Drainage rebate.
- Confirmation of the date on which Thames Water carried out its latest investigation or technical review of the drainage arrangements at Badbury Park, together with details of what evidence was considered.
I also understand that approximately 1,000 homes across Badbury Park may have received similar correspondence on or around 16 September. The letter received did not provide residents with a telephone contact number to discuss or challenge the decision.
Given the potentially significant number of households affected, we consider this to be an urgent estate-wide issue rather than simply an individual billing query.
It is particularly concerning that residents are apparently being told that Surface Water Drainage charges will be reinstated before Thames Water has provided the technical evidence demonstrating why those charges are justified.
Until Thames Water has supplied the requested evidence and this dispute has been properly investigated, I request that:
- my existing Surface Water Drainage rebate remains in place;
- any additional Surface Water Drainage charges are formally placed in dispute;
- no recovery or collection action is taken in relation to the disputed amount; and
- no revised charges are treated as accepted while this complaint remains unresolved.
During my WhatsApp conversation, I specifically challenged the fact that our surface water drains into the SuDS system. I was informed that the adviser did not have access to the technical records and that I should wait until 28 September for a further letter.
Given that Thames Water appears already to have taken a decision affecting customers’ bills, asking residents to wait for evidence explaining that decision is not satisfactory.
Please therefore treat this correspondence as a formal complaint and confirm the complaint reference number.
I would appreciate acknowledgement of this complaint and a substantive response addressing the technical points above as soon as possible.
If Thames Water maintains that the Surface Water Drainage rebate should be removed, please provide the full technical and evidential basis for that decision so that residents can properly understand and, if necessary, challenge it through the appropriate complaints and escalation process.
Yours sincerely,
Peter Eves
65 Biddestone Avenue
Coate SN3 6DE
Dear Residents,
Many residents on Badbury Park have claimed a rebate from Thames Water as their Wastewater goes into the SuDS.
You to can claim a refund from Thames Water on your wastewater fixed charge and can claim back 6 years worth £200 depending when you moved into your property. If you need further information on how to claim please contact us at:
coatebadburypark@gmail.com
Thames Water Rebate
Residents on Badbury Park can save £50 on their Thames wastewater bill fixed charge, if all the rainwater from your property drains into the SuDS (sustainable urban Drainage System instead of Thames water sewer. Depending when you moved into your property, you could get back £200 if you’re been in your house since 2019.
What It Means
Thames Water normally charges every household a fixed annual fee for draining rainwater (“surface water”) into their public sewers.
But if your home’s rainwater (roof, driveway, etc.) drains into a Sustainable Urban Drainage System (SuDS) like swales, soakaways, or ponds; instead of into the public sewer, then you shouldn’t be paying that surface water drainage charge.
For Badbury Park Residents
Badbury Park in Swindon was built with a SuDS network meaning the rainwater from many properties is managed on-site rather than going into Thames Water’s system.
If your rainwater drains into the SuDS (and not into the sewer), you’re eligible for a reduction of around £50 per year on your wastewater fixed charge.
What to Do next
You can make a claim yourself by looking at your Thames Water Bill or if you need help, then contact us at Coate (Badbury Park) Residents Working Group at: