CASEBOOK: Appeal Cases; Housing, new build - Proposed scheme for sewage disposal accepted

Despite objections raised by a council and water company to a foul drainage scheme associated with a housing development in Cornwall, an inspector has concluded that permission should be granted subject to a condition requiring satisfactory drainage to be provided.

Although the area was well served by public sewers, the existing sewerage network only had sufficient capacity to accommodate four additional dwellings at the appeal site. To get round this problem, the appellant proposed an attenuation tank within the site with a discharge control system involving a bucket lift elevator.

This arrangement would limit foul flows into the public sewer to the peak equivalent flow of four dwellings, the appellant claimed. The council, supported by the water company, argued that no development should be permitted until comprehensive improvements to the public sewerage network had been carried out.

In rejecting this argument, the inspector accepted the appellant's submission that an appropriately worded condition requiring either improvement works to the public sewer or the provision of an on-line sewage storage system would be acceptable. He decided that there was a reasonable prospect of the improvement works being carried out within the lifetime of the permission.

If this turned out not to be the case, he was satisfied that the appellant had an alternative remedy standing by.

DCS No: 48219205; Inspector: Neil Pope; Inquiry.

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