Supreme Court rules on developers ? rights of connection09.12.09
Supreme Court rules on developers? rights of connection
Wednesday, December 09, 2009
In one of its first judgments the new Supreme Court has ruled on developers’ rights of connection to public drainage infrastructure, in Barratt Homes Limited v DCC  UKSC 13.
Barratts succeeded on both the points raised by the case. The Court held that Welsh Water (DCC) had no right to refuse connection at Barratts’ chosen point of connection under s106 of the Water Industry Act 1991 or to direct a different point of connection. It also held that where undertakers’ statutory powers under s106 come into play, failure to act within the time prescribed will prevent them from being exercised.
This was one of the last cases ever to be heard in the House of Lords and the argument took place in the Chamber itself to mark the occasion. The judgment was given by Lord Phillips, President of the new Supreme Court, today.