Environment Food and Rural Affairs written question – answered at on 26 October 2010.
To ask the Secretary of State for Environment, Food and Rural Affairs what regulatory obligations to nearby residents there are upon water companies during major renewal or construction works.
Paragraph 1 of schedule 12 to the Water Industry Act 1991 provides that water companies should do as little damage as possible while undertaking streetworks, and should pay compensation for any loss or damage caused as a result of the company exercising its street works powers. Schedule 12 goes on to say that any dispute as to whether compensation should be paid, or as to the amount of compensation, should be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute. Ofwat can appoint an arbitrator if the parties cannot agree on one. Ofwat does not have a formal role in deciding whether or how much compensation should be paid under schedule 12.
Section 60 of the Control of Pollution Act 1974 empowers local authorities to serve notices upon works of construction and demolition (the erection, construction, alteration, repair or maintenance of buildings, structures or roads and demolition or dredging work). Notices can specify what plant or machinery may or may not be used, the hours during which works may be carried out, and the levels of noise that are acceptable from the works.
Section 61 enables a person intending to carry out works to apply for consent from the local authority. An application should contain the particulars of the works and the method by which they are to be carried out, and the steps proposed to be taken to minimise noise resulting from the works.
If a person on whom a section 60 notice has been served contravenes any requirement of the notice without reasonable excuse, there is a penalty upon summary conviction of a fine not exceeding level 5 on the standard scale, together with a fine not exceeding £50 for each day on which the offence continues.
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