City of Bradford Metropolitan DC v Yorkshire Water Services Ltd
City of Bradford Metropolitan DC v Yorkshire Water Services Ltd
- 2002
- Estates Gazette [2002] 10 EG 159-163(5) .
QBD 19 September 2001. Appellant council (C) served an abatement notice on the respondent sewerage undertaker (Y) pursuant to the Environment Protection Act 1990 s80. Y contended that the drainage system depositing the sewage was not a public sewer within the meaning of the Public Health Act 1875 on 1 October 1937. An appeal by Y against the abatement notice was allowed on the ground that as the pipe had only served a farmhouse and a street gully on 1 October 1937, it was a drain within the meaning of the 1875 Act and that Y had not acquired liability for it. C appealed. "Held": appeal dismissed. The pipe between the gully in the highway and its junction with the drain from the farmhouse was for protection of the farmhouse and not the drainage of the highway; the pipe was therefore a drain rather than a public sewer. Full judgement available on http://www.courtservice.gov.uk/View.do?id=542&searchTerm=City+of+Bradford+Metropolitan+DC&ascending=false&index=20&maxIndex=62.
BRADFORD MDC V YORKSHIRE WATER SERVICES
PUBLIC SEWERS
SEWERAGE
STATUTORY NUISANCE
PUBLIC HEALTH ACT 1875
ENVIRONMENTAL PROTECTION ACT 1990 S80
QBD 19 September 2001. Appellant council (C) served an abatement notice on the respondent sewerage undertaker (Y) pursuant to the Environment Protection Act 1990 s80. Y contended that the drainage system depositing the sewage was not a public sewer within the meaning of the Public Health Act 1875 on 1 October 1937. An appeal by Y against the abatement notice was allowed on the ground that as the pipe had only served a farmhouse and a street gully on 1 October 1937, it was a drain within the meaning of the 1875 Act and that Y had not acquired liability for it. C appealed. "Held": appeal dismissed. The pipe between the gully in the highway and its junction with the drain from the farmhouse was for protection of the farmhouse and not the drainage of the highway; the pipe was therefore a drain rather than a public sewer. Full judgement available on http://www.courtservice.gov.uk/View.do?id=542&searchTerm=City+of+Bradford+Metropolitan+DC&ascending=false&index=20&maxIndex=62.
BRADFORD MDC V YORKSHIRE WATER SERVICES
PUBLIC SEWERS
SEWERAGE
STATUTORY NUISANCE
PUBLIC HEALTH ACT 1875
ENVIRONMENTAL PROTECTION ACT 1990 S80