Drainage Law Policy in Respect of Private Developments

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A decision made (23/11/2007) regarding: Drainage Law Policy in Respect of Private Developments - Additional Information.

Decision Reference: MD-T-2007-0092
Decision Summary Title :	Drainage Law Policy In Respect of Private Developments – Additional Information		Date of Decision Summary:	1st November 2007
Decision Summary Author:	Steve Fisher Senior Manager, Engineering Design and Technical Records		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Drainage Law Policy in Respect of Private Developments – Additional Information		Date of Written Report:	1st November 2007
Written Report Author:	Steve Fisher Senior Manager, Engineering Design and Technical Records		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Exempt 3.2.1 (a) (i)
Subject: Drainage Law Policy in Respect of Private Developments – Additional Information
Decision(s): The Minister confirmed an amendment to the current policy of not using the Drainage (Jersey) Law 2005 to serve notice on third party landowners for the benefit of private developers, to enable developers to lay sewers across third party land. In future, the Minister will consider serving Notice if there is a demonstrable Public gain i.e where a developer is able and willing to fund the connection of other surrounding properties to the Public sewer network. Where the developer would be the sole beneficiary, the current policy will be maintained.
Reason(s) for Decision: Amending the policy would provide a demonstrable public gain in certain situations but otherwise, would not allow developers to circumvent their moral obligation towards third party land owners.
Resource Implications: No resource implications.
Action required: Senior Manager Engineering Design and Technical Records to write to Developers confirming that the current policy has been amended by the Minister and that the Minister will now consider serving a Notice on adjacent landowners under the Drainage (Jersey) Law 2005 if a Public gain can be demonstrated.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):