The Company

Since its formation Utility Law Solutions has worked primarily in the housebuilding and development arena, solving problems, providing advice and saving/recovering money for developers from the large national housebuilder to the private individual.

While much of this work has been in relation to water and sewerage law, we have also been able to diversify into related or similar areas. 

In summary, we have achieved considerable success in the following -

• Making section 104, 98 and 185 applications to sewerage undertakers with effective management of complex, often poorly understood processes by one company, rather than the current situation where perhaps several different people/organisations provide input into the submission. This has saved clients time and money

• Provision of advice in relation to the Private Sewers Regulations and the Mandatory Build Standards for sewers and their impact on current and future developments

• Generally to provide associated support and advice as required in relation to water, sewerage and utility law matters

• Saving costs on water main and sewer requisitions for new development sites

• Provision of specialist reports on utility law and practice to influence decision makers such as planning authorities

• Diversion of existing electricity cables to facilitate development. NB it is essential to have early involvement in such diversions to ensure costs are funded by the electricity company rather than the developer

• Recovery of costs associated with water main and sewer requisitions for historical development sites

• Saving or recovery of costs associated with new or historical development sites from utility companies

• Limiting the costs of Infrastructure Charges on new developments

• Recovery of Infrastructure Charge Credits that have not been made to developers by the water industry in relation to redevelopment or brownfield sites

Philip Day

Before leaving Severn Trent Water in 2007 to set up Utility Law Solutions, Philip was their Principal Legal Advisor for Asset Management. In this role Philip’s responsibilities were wide ranging and included the provision of legal advice and support to the business in relation to all asset management issues arising out of the company activities in sewage treatment, water supply and networks (water main and sewerage systems).

More specifically, the role required Philip to –

• Engage and influence key strategies in the short and longer term, both within the business and through involvement at the national level developing key water industry policies and standard agreements in relation to: –
  
  Sewers for Adoption - Philip provided legal support for Sewers for Adoption 5 and 6, including creating a new national agreement
  
  Sustainable Drainage Systems (SUDS) - Philip was a member of the National SUDS Working Group providing legal support which culminated in the Interim Code of Practice for Sustainable Drainage Systems
  
  Self Lay of Water Mains - Philip drafted and implemented the standard national agreement

• Develop through Water UK involvement, water company positions in relation to Private Sewers legislation, New Roads and Street Works and Traffic Management Acts, Environmental Liability Directive, Section 101A (rural sewers) applications and processes and Environmental Information Regulations

• Ensure that the business had timely access to land through the exercise of statutory procedures to enable the execution of both the capital works program and the company’s general operational activities

• Seek to resolve disputes with third parties, with a view to avoiding litigation

• Develop specialist operating agreements with external companies

• Formulate policies and procedures in relation to the connection of infrastructure to new developments including resolution of development related problems/disputes and the diversion/building over of sewers and water mains

Philip has a full understanding of the Water Industry Act 1991 and other relevant legislation (including contract law) combined with the ability to interpret and apply such legislation to the day to day activities of the water industry whilst considering the impact and effects this has on other organisations such as housebuilders. Philip has the ability to deal with highly complex legal issues and give advice and direction in relation to them. 

Since 2007 this knowledge and experience has been used to help Utility Law Solutions further understand the problems faced by businesses who work with the water industry. This has helped ULS to grow into the organisation it is today. The company has enabled its clients to work with (and occasionally against) the water industry and other utility companies as outlined in the Our Services section of this website. Philip’s background has provided clients with solutions to problems which without an in depth comprehension of how a water company operates within the governing legislation, may have remained unresolved or lead to more costly solutions. Philip has also been able to apply this to the other utility industries who work in a similar way under legislation with many parallels.

Alex Day

Alex joined Utility Law Solutions in 2011 to provide additional technical focus to the company. Alex also worked for Severn Trent Water for a number of years including 2 years as a Design Evaluation Technician in their Asset Adoption Department, which included working on projects with the Legal Department. This role involved all matters concerning sewer adoptions and related areas such as requisitions, evaluating and technically approving the designs submitted by developers, drafting and securing the agreements, supervising the construction on site, right through to adopting the sewers themselves. 

Since leaving Severn Trent, Alex has spent 4 years in the house building industry, dealing with numerous issues from the other side of the fence. Knowing the issues from both a sewerage undertaker’s and developer’s perspective makes resolving problems considerably easier.   

Alex has gained considerable expertise in relation to the provision of utility infrastructure on new developments, including minimising costs, resolution of issues to enable sites to be served and the management of onsite provision. In addition to this, Alex has worked on post development issues such as site adoptions (sewers, highways and open space) and reclaiming money from utility companies which was unfairly charged to developers.

Most recently, since the recession hit developers hard, Alex has been working with major housebuilders on their completed and ongoing developments to analyse where utilitiy companies have overcharged for the provision of infrastructure and has helped recover significant sums of money which were unnecessarily paid out during the boom years. We hope that this experience can help Utility Law Solutions ensure that its clients are only charged for what is reasonable and required to serve their developments going forwards.   

 
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