Water, flooding and drainage

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Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it....

What is a contract of insurance?

This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of...

Commercial Property Standard Enquiries (CPSE)—environmental and health and safety enquiries

Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are...

Compensation orders in criminal cases

What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...

Practice notes

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional environmental enquiries

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for...

Produced in partnership with ELM Law 9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

General principles of insurance contract law

What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...

9th Nov

In-house

Practice notes

Waste types and controls—controlled waste

Controlled waste is subject to legislative control. It is defined in Part II to the Environmental Protection Act 1990 (EPA 1990), see Definition of...

9th Nov

Practice notes

Forfeiture

The power of the court to order the forfeiture of property under the PCC(S)A 2000The Powers of Criminal Courts (Sentencing) Act 2000 is the principal...

9th Nov

Practice notes

Judicial review—what it is and when it can be used—Scotland

Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...

Produced in partnership with Carolyn Morgan of Harper Macleod LLP 9th Nov

Scottish Law

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Appealing a conviction in the Crown Court

This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...

Produced in partnership with Doughty Street Chambers 9th Nov

Practice notes

Public nuisance—general principles

Public nuisancePublic nuisance involves a nuisance being carried out, which affects a section of the general public. It has been defined as: 'acts or...

9th Nov

Practice notes

Local authorities—powers to investigate environmental crime

When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...

Produced in partnership with Laura Phillips of 6 Pump Court 9th Nov

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 9th Nov

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Double funding

Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...

9th Nov

Most recent Water, flooding and drainage content

Practice notes

Water industry regulation—key features

Brexit Impact11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

1st Dec

Precedents

Transfer of environmental permits

Brexit impact11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

Produced in partnership with ELM Law 30th Nov

Practice notes

Agricultural nitrate pollution prevention

Brexit impactAs of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

30th Nov

Practice notes

Floods Directive 2007/60/EC—snapshot

TitleDirective 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risksEntry into...

Produced in partnership with Laura Bolado 30th Nov

Practice notes

Bathing Water Directive 2006/7/EC—snapshot

TitleDirective 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and...

Produced in partnership with Laura Bolado 30th Nov

Practice notes

Nitrates Directive 91/676/EEC—snapshot

TitleCouncil Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural...

Produced in partnership with Laura Bolado 30th Nov

Practice notes

Groundwater Directive 2006/118/EC—snapshot

TitleDirective 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and...

30th Nov

Practice notes

Urban Waste Water Treatment Directive 91/271/EEC—snapshot

TitleCouncil Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (the UWWTD).Latest consolidated version dates from January...

Produced in partnership with Laura Bolado 30th Nov

Practice notes

Special sites of contaminated land

Brexit11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the...

30th Nov

Q&As

Where a private sewer connects to a public sewer, is the water authority under a duty not to adversely affect the private system when they carry out works to the public system?

In essence, private properties normally drain sewage and other waste water through a private sewer which connects to the public sewer. The relevant...

Produced in partnership with Helen Galley of XXIV Old Buildings 29th Nov

Q&As

Would planning permission be required for a sustainable drainage system and is there a mechanism for deciding who would have the ongoing maintenance requirements, in the absence of Schedule 3 to the Flood and Water Management Act 2010 being brought into force in England?

Sustainable drainage systems (SuDs) are alternatives to traditional piped drainage, which seek to manage water run-off and flood risk, often through...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Nov

Q&As

How do you find out who owns a culvert located under a highway? Is a culvert under a road a highway drain? Does a highway authority own it/have power to grant rights to drain into it?

According to Environment Agency guidance on riparian ownership (EA guidance) p 31, a culvert is a covered channel or pipe designed to prevent the...

29th Nov

Q&As

Can a landowner whose field is flooded by water escaping from a neighbour's broken pipes bring a claim in nuisance, despite the Transco case stating that water pipes are not a non-natural use of land?

Nuisance claims can be broadly categorised into private nuisance (interference with the use/enjoyment of land causing injury), public nuisance (an...

29th Nov

Q&As

Do statutory water undertakers have the power to lay foul sewers on private land?

Companies in the privatised water industry in England and Wales operate under the provisions of the Water Industry Act 1991 (WIA 1991) and the Water...

Produced in partnership with Christopher Snell of New Square Chambers 29th Nov

Q&As

Where does the authority come from which requires developers to enter into an agreement with water companies when they want to develop land which is close to a public sewer as per the 2011 Transfer regulations? In other words, where does the statutory power come from that gives water companies the right to ask for permission to develop on the land?

For the purposes of this Q&A, it has been assumed that reference is to build over agreements, which are agreements entered into between developers and...

29th Nov

Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...

29th Nov

Practice notes

Riparian owners and fishing rights

Riparian ownershipThis Practice Note looks at riparian ownership of non-tidal waterways, dealing with the fishing rights which may attach to such...

29th Nov

Practice notes

Connecting into pipes (public and private), building over sewers agreement, building regulation requirements

IntroductionThere are two systems of drainage in relation to development:•foul water, and•surface waterEach of these has above-ground and underground...

29th Nov

Practice notes

Flooding issues in property transactions—Scotland

This Practice Note considers the law and policy surrounding flooding in Scotland:•providing an overview of legislation and policy and the Flood Risk...

Produced in partnership with Jamie Whittle of R&R Urquhart 29th Nov

Scottish Law

Practice notes