Q&As

A notice has been served on a landowner from a statutory undertaker to allow access and install monitoring and associated equipment. Can the landowner require the statutory undertaker to enter into a licence to regulate the works to be carried out?

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Published on LexisPSL on 15/04/2016

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • A notice has been served on a landowner from a statutory undertaker to allow access and install monitoring and associated equipment. Can the landowner require the statutory undertaker to enter into a licence to regulate the works to be carried out?
  • Power to lay pipes
  • Code of practice

A notice has been served on a landowner from a statutory undertaker to allow access and install monitoring and associated equipment. Can the landowner require the statutory undertaker to enter into a licence to regulate the works to be carried out?

For the purposes of this Q&A we have assumed that the statutory undertaker is a sewerage undertaker. This Q&A is relevant where the apparatus is in England.

Power to lay pipes

The Water Industry Act 1991 (WIA 1991) gives a water or a sewerage undertaker a statutory right to lay pipes above or below ground, and grants rights of access onto private land for inspection, maintenance and alterations under WIA 1991, s 159; see Practice Note: Statutory wayleaves and rights of access.

In establishing whether this section applies, 'relevant pipe' for these purposes includes a water main, a service pipe and a main sewer, although powers to lay service pipes are more restricted. For definitions of these terms we refer you to WIA 1991, s 219. For these purposes, WIA 1991, s 219(2) provides that references to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe and references to any sewage disposal works shall include references to the

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