Utility Law Solutions provides services/advice on a wide range of matters as detailed below.

Sewerage

Section 104 Sewer Adoptions - ULS offers a complete pre-construction packaged service to secure section 104 agreements with sewerage undertakers including: -

• Pre vetting and submission of applications to sewerage undertakers – contact us to discuss your requirement for this comprehensive service

• Pre-design to identify issues prior to detailed design work and reduce re-plans

• Resolution of disputes preventing technical compliance or completion of s104 Agreements

• Resolution of disputes preventing adoption of sewers

• Securing easements, pumping station land transfers, rights of discharge to watercourses, with fixed price conveyancing services provided through ULS to prevent adoption delays by making sure sufficient rights are secured first time

• Ensuring the use of sustainable drainage systems (SUDS) does not prevent adoption of sewers

• Crossing third party land to connect developments to public sewerage systems or watercourses

Alternatively, advice can be offered on any element of the adoption sewer process.
 
Section 98 Sewer Requisitions – ULS has experience in managing section 98 submissions to ensure: -

• Best value is obtained – why requisitioning once can save costs

• If there is an alternative to requisitioning, this is identified

• Requisitions imposed by sewerage undertakers through use of the planning system are resisted wherever possible

• Where a requisition is required the best terms are negotiated and costs relating to offsite reinforcement are minimised

• Money is recovered for clients on completed/ongoing sites where offsite reinforcement has been unfairly charged as part of a requisition by the sewerage undertaker

• The right to connect developments and single premises to the public sewerage networks is enforced

Sewer requisitions can be one of the most difficult and costly impacts on developments, ULS can provide advice and assistance on all elements of the sewer requisitioning process.

Sewer Diversions – Ensuring the timely diversion of pipes that are impacting on a proposed development can be difficult. ULS offers a complete service from making the application to securing a section 185 agreement.

• Does a sewer need to be diverted? Can it be built over or close to?

• Minimizing costs for diverting sewers

• Self-construction of sewer diversions where the sewerage undertaker’s timescales do not fit those of the development

Pre-Development Sewerage Issues:-

• Assisting in or leading offsite land owner negotiations as sewerage law experts

• Checking for easements and advising on their implications

• Other legal constraints in title/transfer documents

• Consideration of foul and surface water drainage strategy at the planning stage

• Making section 106 sewer connection applications – you DO have a right to connect

• Ensure any capacity issues are identified early to enable challenges to be made and the best solution achieved – who should pay to upgrade the sewer networks?

• Complying with SUDS requirements due to site constraints – ULS can discuss with sewerage undertakers the possible issues and solutions

• ULS can provide advice on the appropriateness of drainage planning conditions by being involved at an early stage. It is always best to avoid restrictive conditions and/or have them discharged before they prevent occupations

• Full evaluation of commercial drainage and water supply searches to ensure their impact on proposed developments is fully appreciated

Private Drains and Sewers, Flood and Water Management Act 2010 (section 42) and SUDS

• Advice on the new legislation, when it will be introduced and how it will affect you

• When to appeal against the transfer of sewers or to ensure sewers were included in transfer

• What to do if you have missed the appeal deadline

• SUDS - advice on new regulations, standards and their implementation

• Advice on whether or not sewers should have transferred

• Dispute resolution service where the status of pipes cannot be agreed

Water Supply

As with the provision of sewerage this can be very costly to developments and similar services are available including:-

• Requisitioning water mains – problems and costs, offsite reinforcement, clawback, capacity issues, application submission and securing agreements

• Processing s51A water main adoption applications and agreement – early adoption

• Resolving s51A self lay adoption disputes

• Infrastructure charges – when do you have to pay them – can you have credit for brownfield developments

• Insisting on the right to connect developments and single premises to the water main network

• Forcing re-evaluation of secion 41 agreements after mains have been laid

Other Development Related Services

• The Water Industry Act 1991 and related legislation – provision of advice
  

• Dispute resolution on all infrastructure related development issues either directly with the utility provider or the appropriate Regulatory Authority such as Ofwat or Ofgem
  

• Crossing third party land

• Sewerage Law in relation to the ownership and maintenance of private sewerage and sewage disposal systems

• Service of statutory notices – their implication and compensation levels

• New Roads and Streetworks and Traffic Management Acts

• General advice on how the legislation affects day to day business activities

• Removal of electric cables/lines at the cost of the electricity supplier

• Challenging sewerage, sewage disposal or water supply planning conditions either with water and sewerage undertakers or planning authorities before they are imposed or discharging such conditions as necessary

• Reviewing potential commuted sum conflicts between the Community Infrastructure Levy and section 106 planning agreements

• Identifying unspent section 106 planning agreement payments

Non-Developer Related Services

• Obtaining consents for building over public sewers by individual households

• Specialist advice to law firms where they have clients with utility issues such as universities or other large organisations

• CON29DW Searches – Drainage and Water Searches - what do they really mean, what is their impact on the property

• Insurance industry – where does the responsibility for underground pipes and cables lay?

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