The recent decision by the Supreme Court in the case of Barratt Homes Limited v Dwr Cymru Cyfyngedig (Welsh Water) with regards to the right to connect development sites to the public sewers is positive news for developers, according to South Wales solicitors John Collins and Partners LLP (JCP).
The Supreme Court has helpfully confirmed that developers have an absolute right to connect their development sites to the public sewer and that permission can only be refused by the water authority in narrowly defined circumstances.
Chris Davies, Commercial Property Lawyer at JCP, said:
"This is great news for developers and introduces an element of common sense into the process. It will also help the future demand for housing as the initial planning and infrastructure process will become easier and less drawn out.
“We know there is presently a demand for housing and although the demand is lower at the moment due to the unavailability of finance the need for good quality housing is not going to go away.
“This decision will help place more people in newly built homes and is therefore a positive outcome for both private and public housing providers."
The Court heard that Barratt had sought to connect the drains at a point close to its development - an estate of new homes and a primary school in Llanfoist, near Abergavenny – but Welsh Water argued it was entitled to insist on a connection some 300m further downstream, as the sewer did not have the capacity to deal with the increased load until that point. Welsh Water succeeded in the High Court but the decision was reversed on appeal and Barratt Homes made the connection where it had originally planned.
Welsh Water pursued an appeal in the Supreme Court, claiming that section 106 Water Industry Act 1991, gave a sewerage undertaker the right to refuse to permit connection to the public sewer at an unsuitable point. However the Court decided in favour of Barratt, ruling that the right of a property owner to discharge into a public sewer pursuant to section 106 was an absolute right which could not be prevented on the ground that the additional discharge would create a nuisance.
For a further discussion on any area of the law with JCP please call 01792 773 773 or email law@johncollins.co.uk
