Duty to move pipes etc. in certain casesN.I.
247.—(1) Where any relevant pipe [F1, sustainable drainage system] or other apparatus is for the time being kept installed by a relevant undertaker on, under or over any land, any person with an estate in that land or in adjacent land may by notice to the undertaker require the undertaker to alter or remove that pipe [F2, system] or apparatus on the ground that the alteration or removal of that pipe [F2, system] or apparatus is necessary to enable that person to carry out a proposed improvement of the land in which he has an estate.
(2) Subject to paragraphs (3) and (4), where a notice is served on a relevant undertaker under paragraph (1), it shall be the duty of the undertaker to comply with the requirement contained in the notice except to the extent that that requirement is unreasonable.
(3) Nothing in this Article shall require a relevant undertaker to alter or remove any pipe [F3, system] or apparatus which is kept installed in, under or over any street.
(4) A relevant undertaker may make it a condition of complying with the duty to which it is subject by virtue of a notice served by any person under paragraph (1) that such security as the undertaker may reasonably require has been provided for the discharge of any obligation of that person under paragraph (5).
(5) Where a relevant undertaker carries out any works under this Article by virtue of a notice having been served by any person under paragraph (1), the undertaker shall be entitled to recover any expenses reasonably incurred in carrying out those works from that person.
(6) Where any sums have been deposited with a relevant undertaker by way of security for the discharge of any obligation under paragraph (5), the undertaker shall pay interest at such rate as may be determined either—
(a)by the undertaker with the approval of the Authority; or
(b)in default of a determination under sub-paragraph (a), by the Authority.
on every sum so deposited for every 3 months during which it remains in the hands of the undertaker.
(7) An approval or determination by the Authority for the purposes of paragraph (6) may be given or made in relation to a particular case or description of cases or generally and may be revoked at any time.
(8) The duty of a relevant undertaker under this Article shall be enforceable under Article 30 by the Authority.
(9) In this Article—
“improvement”, in relation to any land, includes any development or change of use but does not include an improvement with respect to the supply of water, or the provision of sewerage services, to any premises; and
“relevant pipe” has the same meaning as in Article 219.
Textual Amendments
F1Words in art. 247(1) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 15(2)(a)
F2Word in art. 247(1) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 15(2)(b)
F3Word in art. 247(3) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 15(3)
Commencement Information
I1Art. 247 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)