The Supreme Court has recently clarified the circumstances in which statutory undertakers can refuse to allow developers to connect to sewers. In summary, statutory undertakers can only refuse permission on two grounds. The first ground is that the proposed connection would be prejudicial to the sewage system. The second ground is that the private drain to be linked to the sewer has not been properly built or is in poor condition.

The important point is that statutory undertakers cannot refuse permission for a connection on the basis that such connection will overload the sewage system.They can only object on the basis that the connection itself would cause problems or that the drain to be connected is not up to standard.It is for the statutory undertaker to make sure that the sewage system has sufficient capacity to cope with such connection.

As you will appreciate, this is an important decision for developers.