000			01785cam a2200241 4500
001			ABS65375
008			020426n2002 000 0 eng u
035			_a(Sirsi) u117706
245			_aCity of Bradford Metropolitan DC v Yorkshire Water Services Ltd
260			_c2002
490			_aEstates Gazette _v[2002] 10 EG 159-163(5)
520			_aQBD 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.
590			_aABS
650			_aBRADFORD MDC V YORKSHIRE WATER SERVICES
650			_aPUBLIC SEWERS
650			_aSEWERAGE
650			_aSTATUTORY NUISANCE
650			_aPUBLIC HEALTH ACT 1875
650			_aENVIRONMENTAL PROTECTION ACT 1990 S80
690			_aENVIRONMENT-CASE LAW
856			_uhttps://www.courtservice.gov.uk/View.do?id=542&searchTerm=City+of+Bradford+Metropolitan+DC&ascending=false&index=20&maxIndex=62
942			_n0
999			_c70090 _d70090