Using AI Legalese Decoder to Address Neighbour Discharge Issues into Your Stream
- April 11, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Legal Situation Regarding Neighbour Discharging into Stream
Legal advice welcomed. We are in England. We have a difficult neighbour. We have a stream on our property that is within 1-2 m of a boundary line. I recently reviewed planning permission he had granted almost 3 years ago (when the previous owner of my house was abroad) that stated he was going to discharge water into the stream. The stream is on our land. We occasionally get terrible sewerage smells from the stream and I think he is discharging from his septic tank there but I can’t see a pipe coming in.
Is there any way to address the fact that he told planning he was going to discharge into our stream and they approved it? Curiously I am not sure he has installed the drainage he said he was going to. All very odd.
Can anyone advise on the legality of this complex situation.
## How AI Legalese Decoder Can Help
AI Legalese Decoder can assist in deciphering the legal language and implications of the planning permission granted to your neighbour. By analyzing the documentation, the AI can help determine if there are any violations or discrepancies in the approval process. This tool can provide clarity on the legal aspects of the situation and offer guidance on how to address the issue with your neighbour in a legal and effective manner.
## Additional Information
For clarity
Neighbour stated on his planning application he was going to discharge drainage into a stream
When he applied for planning the previous owner was abroad and couldn’t return due to covid restrictions
The stream is on our property
I’m not sure drainage is going in the stream but suspect septic tank outflow is
Neighbour unpleasant and confrontational
Advice and clarity welcome
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I’m not completely sure of the legality of it all, but the place to report it would be the Environment Agency as he’s polluting a river
https://www.gov.uk/report-an-environmental-incident
You need to review the exact planning application as what you have written doesn’t make much sense on the face of it. For example you don’t need to be in the country to object to a planning application. You would not be granted planning permission to dump raw sewage into a stream etc.
It could be a treatment plant like a klargester however there shouldnt be much smell. It may be worth contacting the environment agency for them to test the water
NAL but we have fairly recently had a septic tank replaced and did a lot of research.
The rules are very strict and changed in (I think) Jan 2020. The fact he had a planning application in during covid suggests that it is a new system and from Jan 2020, I’m pretty sure that only sewerage treatment plants (rather than old style septic tanks) were allowed to be installed. Furthermore a house was not technically allowed to be sold with an old style system in place. The water that is produced from these treatment plants is drinkable (should you feel so inclined). So, the odds are that his is either malfunctioning, or, the smell has absolutely nothing to do with him and comes from further upstream.
In any case, the Environment agency are your best shout and were very helpful we found.
NAL – do you have evidence to support that he may be polluting the stream? Could it be from further up the stream or even not from the stream at all but from a nearby field fertilizing or a treatment plant? Those smells do carry for miles on end.
I’d look to close off any or all other opportunities before pursuing your neighbour.
I would start by locating the discharge point. Check it is definitely on your property.
Does the neighbour have an easement to discharge on your property? That should be your first port of call. If not, you can demand it removed.
Septic tanks with watercourse discharges do not meet new general binding regulations now, so you should investigate. If the smell is strong it is likely the case, or their treatment plant is faulty. Contact EA (but don’t be shocked when they don’t do a lot, but will investigate if his system is lawful from a discharge POV)
NAL – I would start by looking into your garden to understand how the water is redirected to the stream. If there is any pipe or other installation on your land coming from his property, reach out to him and ask him for evidence that he was granted permission to do so by the land owner.
If he doesn’t have that then you should be within your right to remove any such installation after giving him notice, but I would reach out to a solicitor before doing anything that could cause damages (check your house insurance policy to see if you have legal cover, or if you are an employee you could have cover through employment benefits).
Discharging surface (roof, driveway, etc) water to an existing stream is normal enough, but there are certain rules that have to be followed like appropriately filtering/treating that water and ensuring that the amount being discharged is appropriate.
Foul water (toilets, sinks, etc) should definitely be being treated through an appropriate septic system before it is allowed anywhere near a natural watercourse.
If you have worries about a neigh ours system, it may be worth contacting your local councils building control/planning department, and also the water board for your area to raise your worries.
From what you have said about the stream being yours I am not 100% clear on the setup, but as a rough idea, you do not own a stream running through your property, so other landowners will be making use of that water course before and after it crosses your property. A neighbour upstream discharging (treated) water into it is normal.
What would not be allowable would be if your neighbour did not have their own direct access to the stream and would need to cross your land to reach it. In this case before they were allowed to use it they would have needed your (or the landowner at that times) permission to cross your land.
The crux will be if the stream is entirely on your land, how is he physically discharging in to it, is he just shedding the water from his land across the surface of your land into the stream or is it being discharged by another method?
I think the planning permission is a red herring in this case. It is possible to get planning permission for land you do not own. Planners don’t really care about ownership only if it complies with planning policy.
That out of the way, you have 2 issues here:
1. The discharge of untreated sewerage in to a water course (Environment Agency)
2. Any pipe carrying the discharge across your land and into the stream (Trespass)
For the first item contact the environment agency. My assumption would be that they have long waiting times and might not be able to come out and physically catch your neighbour in the act. Therefore it is probably worth making records of dates and times you get issues and take your own samples of the water in the stream (I think you can buy sample kits online). This will then establish records the EA can use to prove the pollution is happening.
For the second item, the first task is to find the pipe. As it is on your land you would be within your rights to excavate and expose the pipe up to your boundary to show where it is fed from. Once you have the evidence to show the pipe is there and where it is fed from you could ask a solicitor to draft a letter requesting evidence of a wayleave or agreement to allow the pipe to cross your land. If this isn’t forthcoming then you could give notice of removal say 14 days followed by getting the pipe removed and capped off at your boundary.
It is not unusual for surface water to be discharged into a watercourse.
Foul water such as sewage would not be permitted to be discharged untreated into a watercourse.
It is possible that treated water from a package plant could be discharged under permit.
You may own the watercourse where it is entirely on your property, if it is on the boundary you may be a riparian owner, either way you may need permits or permissions to do certain works to it.
If you’re in England, the regulations around discharging to watercourses changed recently, you should note the date they installed their drainage.
Guidance here: https://www.gov.uk/guidance/general-binding-rules-small-sewage-discharge-to-a-surface-water#additional-rules-for-discharges-started-on-or-after-1-january-2015
If they are polluting the watercourse, then call the EA.
If the stream is yours, then does their pipe pass through your land?