Provision of public sewers otherwise than by requisition

101A Further duty to provide sewers.

1

Without prejudice to section 98 above, it shall be the duty of a sewerage undertaker to provide a public sewer to be used for the drainage for domestic sewerage purposes of premises in a particular locality in its area if the conditions specified in subsection (2) below are satisfied.

2

The conditions mentioned in subsection (1) above are—

a

that the premises in question, or any of those premises, are premises on which there are buildings each of which, with the exception of any shed, glasshouse or other outbuilding appurtenant to a dwelling and not designed or occupied as living accommodation, is a building erected before, or whose erection was substantially completed by, 20th June 1995;

b

that the drains or sewers used for the drainage for domestic sewerage purposes of the premises in question do not, either directly or through an intermediate drain or sewer, connect with a public sewer; and

c

that the drainage of any of the premises in question in respect of which the condition specified in paragraph (a) above is satisfied is giving, or is likely to give, rise to such adverse effects to the environment or amenity that it is appropriate, having regard to any guidance issued under this section by the Secretary of State and all other relevant considerations, to provide a public sewer for the drainage for domestic sewerage purposes of the premises in question.

3

Without prejudice to the generality of subsection (2)(c) above, regard shall be had to the following considerations, so far as relevant, in determining whether it is appropriate for any sewer to be provided by virtue of this section—

a

the geology of the locality in question or of any other locality;

b

the number of premises, being premises on which there are buildings, which might reasonably be expected to be drained by means of that sewer;

c

the costs of providing that sewer;

d

the nature and extent of any adverse effects to the environment or amenity arising, or likely to arise, as a result of the premises or, as the case may be, the locality in question not being drained by means of a public sewer; and

e

the extent to which it is practicable for those effects to be overcome otherwise than by the provision (whether by virtue of this section or otherwise) of public sewers, and the costs of so overcoming those effects.

4

Guidance issued by the Secretary of State under this section may—

a

relate to how regard is to be had to the considerations mentioned in paragraphs (a) to (e) of subsection (3) above;

b

relate to any other matter which the Secretary of State considers may be a relevant consideration in any case and to how regard is to be had to any such matter;

c

set out considerations, other than those mentioned in paragraphs (a) to (e) of subsection (3) above, to which (so far as relevant) regard shall be had in determining whether it is appropriate for any sewer to be provided by virtue of this section;

d

relate to how regard is to be had to any such consideration as is mentioned in paragraph (c) above;

e

without prejudice to paragraphs (a) to (d) above, relate to how a sewerage undertaker is to discharge its functions under this section.

5

Before issuing guidance under this section the Secretary of State shall consult—

a

the Environment Agency;

b

the Director; and

c

such other bodies or persons as he considers appropriate;

and the Secretary of State shall arrange for any guidance issued by him under this section to be published in such manner as he considers appropriate.

6

Subject to the following provisions of this section, the duty of a sewerage undertaker by virtue of subsection (1) above shall be enforceable under section 18 above—

a

by the Secretary of State; or

b

with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director.

7

Any dispute between a sewerage undertaker and an owner or occupier of any premises in its area as to—

a

whether the undertaker is under a duty by virtue of subsection (1) above to provide a public sewer to be used for any such drainage of those premises as is mentioned in that subsection;

b

the domestic sewerage purposes for which any such sewer should be provided; or

c

the time by which any such duty of the undertaker should be performed,

shall be determined by the Environment Agency, and may be referred to the Environment Agency for determination by either of the parties to the dispute.

8

The Environment Agency—

a

shall notify the parties of the reasons for its decision on any dispute referred to it under subsection (7) above; and

b

may make any such recommendations, or give any such guidance, relating to or in connection with the drainage of the premises or locality in question as it considers appropriate.

9

The decision of the Environment Agency on any dispute referred to it under subsection (7) above shall be final.

10

A sewerage undertaker shall only be taken to be in breach of its duty under subsection (1) above where, and to the extent that, it has accepted, or the Environment Agency has determined under this section, that it is under such a duty and where any time accepted by it, or determined by the Environment Agency under this section, as the time by which the duty is to that extent to be performed has passed.