Dwr Cymru Cyfyngedig (Welsh Water), Regina (On the Application of) v the Environment Agency: Admn 10 Mar 2009

Residents of a village complained of the standard of sewage works serving their properties, and sought a public sewage system. The complaint was forwarded to Welsh Water, which had an assessment prepared and returned indicating that it would go ahead. The company then changed its mind, but the council persisted. The court was asked whether the company could withdraw its decision.
Held: The company must be able to review its decisions, and nothing in the Act restricted that. The section required an exercise of judgment by the company, allowing for any guidance issued by the Secretary of State. It was not bound to follow such guidance, and nor was any particular methodology of cost benefit analysis required.

Judges:

Mr Justice Wyn Williams

Citations:

[2009] EWHC 435 (Admin), [2009] NPC 41, [2009] 2 All ER 919, [2009] Env LR 32, [2009] 11 EG 118

Links:

Bailii

Statutes:

Water Industry Act 1991 101A(1)

Jurisdiction:

England and Wales

Utilities, Administrative, Planning

Updated: 11 July 2022; Ref: scu.331096