Section 185 – Sewer Diversion
It is necessary (under Section 185 of the Water Industry Act 1991) that a sewerage undertaker may alter or remove any relevant pipe or other apparatus from above or below a developer’s land or any adjacent land subject to the developer giving notice under this section and subject to the following:
That the alteration/removal is necessary to enable that developer to carry out a proposed improvement of the land in which he has an interest.
That the request by the developer is not unreasonable.
A sewerage undertaker is entitled to recover any expenses reasonably incurred in carrying out the alteration/removal of any relevant pipe or other apparatus.
This section does not refer to the removal of any pipe laid above or below a street.
Prior to any diversion being considered by the Water Authority, we would organise a written application including a location plan and site layout of the development, with details of sewer(s) crossing the site and the preferred route of diversion(s).
On receipt of our application, the Water Authority will determine the means by which the project will be delivered in accordance with Water Authorities Policy either:
As part of a Section 104 agreement constructed by the developer in conjunction with adoptable sewers.
As a Minor Sewer Diversion, constructed by the developer subject to an exchange of letters.
As a major sewer diversion, constructed by Water Authority or by the developer under the supervision of Water Authority and supported by a legal agreement
Our input in these discussions at an early stage are vital as decisions at this stage dictate if the client can retain control of the works which would impact on construction time-scales and cost implications.