The Agency had sought the connection of an entire village to the public sewer. The Act provided that such an obligation might exist where there was a threat to environment or amenity. The water company sought judicial review of the decision. Held The contention sought by the Agency would give rise to irrational results, including either under or over provision. An obligation on a water undertaker to connect one or more properties in an area to a public sewer did not imply an obligation to connect all properties in that area similarly.
Judges:
Thorpe, Laws, Morland LLJ
Citations:
Times 18-Feb-2002, [2002] EWCA Civ 5
Links:
Statutes:
Water Industry Act 1991 101A, Environment Act 1995
Jurisdiction:
England and Wales
Utilities, Environment
Updated: 04 July 2022; Ref: scu.167629