Sewers

Copyright © 2024 LexisNexis

Sewerage undertakers and sewerage systems deal with surface water and sewer effluent. This involves the laying of sewers, their maintenance, connections to them and dealing with the disposal of sewage and sewage treatment works. Highways drains and culverts are also connected to sewers and drains, as their run off can enter into the sewerage system.

Public sewers and lateral drains

A ‘public sewer’ or ‘lateral drain’ is one vested in a sewerage undertaker in its capacity as such. Thus any sewer or lateral drain vested in it under statute will be public, but if it has sewers or lateral drains in relation to its premises they will be privately owned by the undertaker. See Practice Note: Sewers and drains—key definitions.

Undertakers’ sewers and drains

Undertakers have statutory powers and duties in relation to sewers and drains laid in streets or on other land, such as the power to enter private land and the duty to pay compensation in respect of works done.

Other powers include the undertaker’s right of property in its sewers and drains, its duty to move pipes and apparatus, the closure of sewers and the extinguishment

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Planning News

Law Commission launches consultation on reforms to compulsory purchase laws

The Law Commission has published a consultation paper as part of its review of current compulsory purchase and compensation laws in England and Wales. Building on its reports from the early 2000s, the paper seeks to address the fragmented and outdated nature of the legal framework. This follows a request from the Ministry of Housing, Communities and Local Government, with the Commission tasked with drafting a Bill to consolidate, codify, and modernise the existing legislation. The paper is divided into three key sections, comprising 106 questions. The first section, Chapters 2-5, examines procedural aspects of compulsory purchase, the second section, Chapters 6-11, focuses on compensation-related issues, and the final section, Chapters 12-15, addresses supplementary matters. The consultation closes on 31 March 2025.

Chief Planner’s second planning update newsletter for December 2024 published

The Chief Planner, Joanna Averley, has published a second planning update newsletter for December 2024, written for the chief planning officers at local planning authorities (LPAs). The newsletter contains details of the Ministry of Housing, Communities and Local Government (MHCLG)'s publication of a working paper proposing a new approach to development and nature recovery, suggesting that developers contribute to a 'Nature Restoration Fund' to meet their environmental obligations more effectively. Additionally, the MHCLG published an updated Criteria Document for improving planning performance, reducing the assessment period for decision-making speed from 24 months to 12 months. The MHCLG also announced grant funding to support the implementation of recent National Planning Policy Framework changes, with over £14.8m available to support local authorities with local plan delivery and Green Belt reviews. Expressions of interest for this funding are due by 17 January 2025. The newsletter also highlights ongoing initiatives, such as Public Practice's recruitment support for LPAs and a new Regional Design and Place Advocates programme. LPAs are also reminded to update their brownfield land registers by 31 December 2024.

CIC responds to publication of revised NPPF

The Construction Industry Council (CIC) has welcomed the publication of the government's revised National Planning Policy Framework (NPPF), announced by Deputy Prime Minister, Angela Rayner, on 12 December 2024. The CIC expressed support for the new immediate mandatory housing targets, requirements for councils to review greenbelt boundaries, and the introduction of 'golden rules' for new developments. CIC Policy and Public Affairs Manager, Matt Mahony, acknowledged the government's efforts to address the housing crisis but emphasised that these measures are only part of a broader solution. He highlighted ongoing challenges in affordability, quality, safety, and sustainability, and called for the government to capitalise on opportunities for improved spatial planning and ambitious standards for future homes and buildings to enhance quality of life.

Court of Appeal confirms the considerations and requirements for re-determination of a previously quashed approval of a DCO (Save Stonehenge World Heritage Site v Secretary of State for Transport)

Planning analysis: In Save Stonehenge World Heritage Site v Secretary of State for Transport, the court had to consider whether the process of redetermining a development consent order (DCO) previously quashed by the court had been conducted fairly and properly. It confirmed that public decision making involved in the DCO procedure is not a form of litigation. As such, the statutory process and common law principles of procedural fairness do not dictate that issues must always be considered by an inquisitorial process. Where there is not a statutory requirement for an inquisitorial process (such as on redetermined DCOs), claimants need to demonstrate that there was a particular need for evidence to be interrogated such as between independent experts on the issues under further consideration. Moreover, for claimants to prove procedural unfairness they must show that they have suffered material prejudice. Neither were established in this case.

View Planning by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Connecting into pipes (public and private), building over sewers agreement, building regulation

Connecting into pipes (public and private), building over sewers agreement, building regulation requirementsIntroductionGenerally speaking, a ‘drain’ serves a single property and a ‘sewer’ serves more than one property.There are two systems of drainage in relation to development:•foul water,

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway drain? Does a highway authority own it/have power to grant rights to drain into it?According to Environment Agency guidance on riparian ownership (EA guidance) p 31, a culvert is a covered channel or

A notice has been served on a landowner from a statutory undertaker to allow access and install

A notice has been served on a landowner from a statutory undertaker to allow access and install monitoring and associated equipment. Can the landowner require the statutory undertaker to enter into a licence to regulate the works to be carried out?For the purposes of this Q&A we have assumed that

Is there a limitation period for water authorities to require a build over agreement to be entered into

Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in existence for 12 years without a relevant build over agreement in place)? Are there any specific powers to require a build over agreement to be entered into
Connecting into pipes (public and private), building over sewers agreement, building regulation

Connecting into pipes (public and private), building over sewers agreement, building regulation

Connecting into pipes (public and private), building over sewers agreement, building regulation requirementsIntroductionGenerally speaking, a ‘drain’ serves a single property and a ‘sewer’ serves more than one property.There are two systems of drainage in relation to development:•foul water,

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway drain? Does a highway authority own it/have power to grant rights to drain into it?According to Environment Agency guidance on riparian ownership (EA guidance) p 31, a culvert is a covered channel or

A notice has been served on a landowner from a statutory undertaker to allow access and install

A notice has been served on a landowner from a statutory undertaker to allow access and install

A notice has been served on a landowner from a statutory undertaker to allow access and install monitoring and associated equipment. Can the landowner require the statutory undertaker to enter into a licence to regulate the works to be carried out?For the purposes of this Q&A we have assumed that

Is there a limitation period for water authorities to require a build over agreement to be entered into

Is there a limitation period for water authorities to require a build over agreement to be entered into

Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in existence for 12 years without a relevant build over agreement in place)? Are there any specific powers to require a build over agreement to be entered into