The Council issued a nuisance notice in respect of sewage being deposited on a property within its area. The statutory nuisance was accepted. The issue was as to whether the sewage system was a public sewer. The judge had found that the original system had, in 1937, served only one property, and therefore had remained a private sewer. Under the 1987 Act, if it was a drain, it could not be a sewer. The authority asserted that the drain served also a roadway, which was, itself, capable of constituting a property served by the drain, and that it became a sewer on the general statutory adoption in 1937. The question was answered by asking the question of why the drain had been constructed. It had not been constructed for the roadway, but for the house, the roadway was not, in this case, a premise for the purpose of the Act, and the drain was not a public sewer.
Lord Justice Brooke, Mr Justice Newman
Times 15-Nov-2001, [2001] EWHC Admin 687
Bailii
Environmental Protection Act 1990, Water Industry Act 1991, Public Health Act 1875
England and Wales
Citing:
Cited – Acton Local Board v Batten ChD 1884
A dispute arose during the development of Bedford Park, Chiswick. Mr Carr had sold some of his land to the defendant, who became the owner of four houses built on the land and the soil of the street which ran between them. Mr Carr still owned two . .
Cited – Wincanton Rural District Council v Parsons KBD 1905
The defendant had constructed a sewage drain to take discharge from his house. It ran for 250 feet to a catch-pit, and then continued for 70 feet under a highway and was then joined by a drain from another house. For this 70-foot stretch it was also . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Environment, Utilities
Updated: 16 December 2021; Ref: scu.166183