Developer wants to put new foul waste through my garden

George1988
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Re: Developer wants to put new foul waste through my garden

Post by George1988 » Mon Feb 26, 2018 9:24 pm

Thanks Hugh, will look into doing this

arborlad
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Re: Developer wants to put new foul waste through my garden

Post by arborlad » Tue Feb 27, 2018 10:38 am

George1988 wrote:The current situation is that Anglian Water have permitted linking in to our drains, as they are 6 inch pipes and able to support 7 additional houses.


Not sure what the history and timescale are here, there seems to be some foreknowledge of the development, I'd expect the 6" to be on your downhill neighbours land, not yours.
arborlad

smile...it confuses people

despair
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Re: Developer wants to put new foul waste through my garden

Post by despair » Tue Feb 27, 2018 12:04 pm

Have they even got planning permision to raise the land 3ft

Is it currently level?

A wall with concrete posts will look awful ...plus where are the engineering equatIons for a proper retaining wall?

As ssid the compensation should be calculated on 50% of cost of re routing elsewhere
Any good drainage company can provide you with those figures

This developer is running rings round you and everyone else

Have you checked that your drain is 6 inches ....i very much doubtbit is

arborlad
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Re: Developer wants to put new foul waste through my garden

Post by arborlad » Tue Feb 27, 2018 12:35 pm

George1988 wrote:We’ve agreed to a wall with concrete posts, which is an improvement, but is definitely still a separate matter that they should be dealing with anyway independently of the drainage issue! They’ve proposed it will be 2.7m high our side so we need to find out what their final land height will be and whether that gives us privacy from their side.

I was thinking that £5k is a more reasonable figure so settle on if we do proceed?


You are right to want to keep the two issues entirely separate. Currently your fence marks the limit of your land so any retaining wall, which will have a larger footprint than a fence must be entirely on their own land.
arborlad

smile...it confuses people

George1988
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Re: Developer wants to put new foul waste through my garden

Post by George1988 » Tue Feb 27, 2018 10:44 pm

@despair - yes I’ve had the current drainage system looked at and it is 6in pipes both ways. RE the fence, they have started today and I’ve had my builder look at it. So far we have concrete posts and the supporting structures in to retain their ground, with fence panels being erected tomorrow. The council have been out and the ground levels are indeed what they’re permitted to have.

With costs, I have found the following guidance online and currently trying to ascertain what the cost of linking in to the street will be so I can understand what 50% looks like. As a newbie to drainage it’s taking me a while! http://www.anglianwater.co.uk/_assets/m ... 018-19.pdf

despair
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Re: Developer wants to put new foul waste through my garden

Post by despair » Tue Feb 27, 2018 11:50 pm

Ask an independant drainage contractor ...they will know how to interpret that lot

George1988
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Re: Developer wants to put new foul waste through my garden

Post by George1988 » Wed Feb 28, 2018 6:13 pm

Yes I'm looking into getting a land agent/drainage contractor or similar to help me with this. To be quite honest, I have enough on my plate with renovating the house that this is just an extra hassle.

My builder today has looked at where he thinks the developer will want to go, and it's going to ruin my established Hawthorn tree and part of my hedgerow, so really not keen on having that. The water board have also informed me today however that his other routes are also blocked by private land so it's likely he is going to continually pursue the option of going through our garden, which potentially could = requisition, where I'd have less opportunity to influence the outcome :x

despair
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Re: Developer wants to put new foul waste through my garden

Post by despair » Wed Feb 28, 2018 11:55 pm

Your land is also " private Land "

How does requisition put you in a bad position ?

ukmicky
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Re: Developer wants to put new foul waste through my garden

Post by ukmicky » Thu Mar 01, 2018 12:34 am

There are times when getting something out of a situation is not the main priority.


I would want this done properly which would mean an upgrade of the existing system to account for the extra flow and therefore would refuse his request because I would find it hard to trust a developer to do the work as everything they do is about saving money. Also If the developer were to serve notice on the water board to perform the work his costs will escalate so he may have a second option he can go with other than running through your land .

If the water board were asked to perform the work they will come and survey all possible routes to determine where the best place is to lay the new pipes . If they determine the need to connect to your system they will only pay you compensation for loss and damage but you will have the peace of mind of knowing the job has been done properly which to me as a house owner would be my 1st priority .
Advice given is not legally qualified and you are advised to gain a professional opinion

despair
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Re: Developer wants to put new foul waste through my garden

Post by despair » Thu Mar 01, 2018 6:52 pm

Are you seriously suggesting the water company can overide the requirements for a legal easement in the deeds for this connection or force the developer to pay a fair consideration

ukmicky
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Re: Developer wants to put new foul waste through my garden

Post by ukmicky » Thu Mar 01, 2018 11:41 pm

despair wrote:Are you seriously suggesting the water company can overide the requirements for a legal easement in the deeds for this connection or force the developer to pay a fair consideration
Yes I am seriously suggesting.

The water company have a statutory duty to connect these new properties if asked to by the developer and because they have a statutory duty to perform the work the developer can bypass the OP .

Certain services are deemed to have such importance to the health society that everyone has the right to them. The water company can perform the work and do it under their statutory rights granted to them by parliament so they have no need for an easement.

The developer or person serving the notice on the water company would obviously need to pay the water company for the cost of installing the infrastructure, so the most economical and straight forward route would be chosen by the water company. It could even turn out cheaper for the developer to ask the water company to perform the work because whilst they will need to pay the water company to perform the work the water company have to reduce the final bill by what potentially the water company will earn out of the new connection in the future.
Advice given is not legally qualified and you are advised to gain a professional opinion

Hugh Jaleak
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Re: Developer wants to put new foul waste through my garden

Post by Hugh Jaleak » Fri Mar 02, 2018 3:24 pm

One of the first Civil Engineering jobs I was involved with, was laying a 36" storm sewer, through a garden, front the watercourse at the bottom, up and into the road. Anglian Water obtained an easement to lay this pipe, and the occupier was compensated, as well as having his garden reinstated to a condition probably better than before the works!

Looking at those charges in AW's table, then £1350 may well be peanuts. You may well be wise to look for an AW approved contractor in your area and ask for a rough price on a connection, but without depths and distances, it is difficult to give anything other than a ballpark figure.

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