Barratt South Wales v Dwr Cymru Cyfyngedig.

Barratt Homes applied for planning permission to build 98 homes and a school on land in Wales, and wanted to connect to the public sewer at a specified location. The sewerage undertaker carried out an assessment, and said a connection at that location would overload the existing public sewer to an unacceptable degree, and harm the environment. The undertaker recommended works to improve the public sewer, or that the connection be made at another location. On 14 May 2007, the developer obtained planning permission for the development. It was conditional on a drainage improvement scheme being approved by the planning authority and being carried out by Barratt. On 29 May 2007, Barratt sent a section 106 Water Industry Act 1991 notice to the undertaker giving 21 days' notice of its intention to connect to the public sewer at a specified location (point X), which was close to the location referred to in the assessment. In a letter dated 26 June 2007, the undertaker gave permission to connect to the public sewer, but said it must be made at a different location (point Y), more than 300 metres from point X, and involving crossing third party land. The undertaker poured concrete over point X to prevent a connection being made there. In March 2008, the planning authority discharged the drainage condition at Barratt's request, apparently without consulting the undertaker. Barratt started the development and applied to the High Court for a declaration that it was entitled to connect to the public sewer at point X, and an injunction preventing the undertaker interfering with a connection being made at that point. The High Court held that the undertaker was entitled to refuse permission under section 106(4) of the WIA 1991, on the ground that the location of the connection was prejudicial to the public sewer system, in order to avoid environmental harm.