The Supreme Court handed down judgment in the case of Barratt Homes Ltd v Welsh Water [2009] UKSC 13 on 9th December 2009. The case concerned an appeal by Welsh Water against a decision of the Court of Appeal holding that a developer, Barratt Homes could claim an absolute statutory right to connect to the public sewer at a place of their choice. On appeal, Welsh Water argued that they had a statutory right to refuse connection, where the physical connection point was unsuitable. In the present case connection at the proposed location would overload the sewerage system.

The question before the court was whether by section 106(4) of the Water Industry Act 1991, a sewerage undertaker had the statutory right to determine at which physical point a private sewer may communicate with a public sewer.

Upholding the decision of the Court of Appeal, dismissing the appeal, the court held that the Act provided only narrow grounds on which an undertaker could refuse connection. On natural construction, “mode of construction” has nothing to do with location. As per the provisions of the Sewerage (Scotland) Act 1968 c. 47, where “mode of connection” and “point of connection” are treated as distinct grounds for refusal, “mode of construction” does not naturally embrace the “point of connection”. The court confirmed that there was therefore no express right for sewerage undertakers to choose the point of connection or refuse to permit connection on the grounds of an unsuitable point of connection.