Report by the Joint committee of the House of Lords and the House of Commons on public sewers (contributions by frontagers) : together with the proceedings of the committee and minutes of evidence and speeches delivered by counsel.

  • Great Britain. Parliament. Joint Committee on Public Sewers
Date:
1936
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Licence: Public Domain Mark

Credit: Report by the Joint committee of the House of Lords and the House of Commons on public sewers (contributions by frontagers) : together with the proceedings of the committee and minutes of evidence and speeches delivered by counsel. Source: Wellcome Collection.

    30/126 (page 2)
    13° Maii, 1936.] you to the relevant sections of the Public Health Act. I can do it quite shortly, sum that up, explain how they have béen interpreted by the Corporations, and then draw the Committee’s attention at once to these two sections, point out the alterations they made, and then tell you of the subsequent provisions which have been inserted in’ other Acts in which further modifications have been made— modifications of the general law and modifications of the two sections of the Romford Act. I think that would be the most convenient course, and I can do it quite shortly. The matter of provision of sewers and expense of sewers is dealt with by the Public Health Acts. Lord Macmillan.| You are going to give us the existing general law? Mr. Tyldesley Jones.| Yes. Section 13 of the Public Health Act, 1875, vests in the local authority all existing and future sewers in the district of the authority. That is enough for Section 138. Section 15 is important; it is this: ‘‘ Every local authority shall keep in repair all sewers belonging to them, and_ shall cause to be made such sewers as may be necessary for effectually drain- ing their district for the purposes of this Act.’’ That is the Section which is of the greatest importance in this matter at the moment. The obligation is imposed by Section 15 on the local authority to provide: ‘‘such sewers as may be necessary for effectually draining their district for the purposes of this Act ’’. Under that Section the Courts have held this: A local authority are not by that Section under any obligation to provide sewers for the prospective development of a building estate. They are not re- quired to provide sewers in anticipation of a building estate. The Committee will see how that goes to the root of this question. If you have an estate which a landowner wants to develop, he can- not go to the local authority and say: ‘“T am going to build so many houses there; provide sewers in anticipation of houses coming ’’. He cannot do that. It has also been held that under that section there is no obligation to provide sewers for, say, half a dozen houses. There must be such a development in the district as to render a sewerage system reasonably necessary for that part of the district. Under Section 16 there is the power to: ‘‘ carry any sewer through across or under any turnpike road, or any street or place laid out as or [ Continued. intended for a street, or under any cellar’? etc., ‘‘ and, after giving reason- able notice in writing to the owner or occupier (if on the report of the surveyor it appears necessary), into through or under any lands whatsoever within their district ’’. Under that Section your Lordship will remember that a local authority can construct a sewer in a public street, in a private street, or, if the Surveyor makes the report referred to in the section, through any private lands. ‘‘They may also’’ says the Section ‘‘ (subject to the provisions of this Act relating to sewage works without the district of the local authority) exercise all or any of the powers given by this section without their district for the purpose of outfall or distribution of sewage’’. If a landowner has a sewer carried through his land under that section, he is entitled to compensation. That is under Section 308 of the Public Health Act as amended by _ the Acquisition of Lands Act, 1919. He is entitled to have compensation for the laying of the sewer through his land, any detriment he suffers through having his land taken up by the sewer, and he is now entitled under the Act of 1919 to have that compensation settled by an Official Arbitrator. That is the obliga- tion under the Act of 1875 on a local authority to construct sewers. If a local authority do not perform their obligation under that section in a matter of con- struction of sewers, there is a remedy by appealing or referring the matter—com- plaining—to the Ministry of Health either under the Act of 1875 in the ease of a county borough, and now, in the case of other local authorities, under the Local Government Act, 1929. T now come to some some _ sections which deal with the rights of an owner of property to drain into sewers. Under Section 21: ‘‘ The owner or occupier of any premises within the district of a local authority shall be entitled to cause his drains to empty into the sewers of that authority on condition of his giving such notice as may be required by that authority of his intention so to do, and of complying with the regulations of that authority in respect of the mode in which the communications between such drains and sewers are to be made, and subject to the control of any person who may be appointed by that authority to superintend the making of such com- munications.’? So that your Lordship sees that directly a sewer is made, every landowner or houseowner has a right to