Agenda item

The Committee were addressed by Gillian Brierley, Chris Baranowski, Susan Gibson, Paul Tomlin and David Gordon, residents of Allowenshay, regarding their water supply.  Their comments included:-

·         Neither of the two water supplies in operation worked properly.

·         The Rutter family had not supplied any quotes or given any indication of ongoing maintenance if connected to the Allowenshay Water Company.

·         It was the Council’s duty to enforce a wholesome water supply.

·         Only Rutter Brothers should be accountable. 

·         The community would prefer a mains water connection. 

The Committee was also addressed by Mr Robert Wood, on behalf of the Rutter family.  He said that in 2013, a cost of connecting the village to mains water through Wessex Water was obtained but was rejected due to the cost (over £250,000).  He outlined the works carried out by the Rutter family to the water supply and their offer to include the profit from a building plot if the residents agreed to share the cost of connecting to the Allowenshay Water Company.  He said the proposed recommended option in the report would fulfil all the requirements of the S80 Notice.

The Legal Services Manager said that under the relevant legislation, the Council had a discretion to take action, however, if the water was unwholesome then they had a duty to act.  The Section 80 Notice under the Water Industry Act 1981 was issued to the Rutter Bros (as they had maintained the water supply) under an insufficiency of supply and carried no criminal proceedings so there was no power to prosecute.  Should SSDC decide to facilitate a water connection for the village, it would involve considerable expense and could involve court action to recoup costs if residents did not contribute.   

The Principal Environmental Protection Officer outlined the history of the Council’s involvement in the water supply in Allowenshay which led to the serving of a Section 80 Notice under the Water Industry Act 1981.  She confirmed that where a private water supply was provided, the Council had regulatory powers to ensure it was wholesome and sufficient, but, there was no duty to insist it was supplied. 

During a lengthy discussion, Members concluded that the Council should not be drawn into what was a civil matter.  The original recommendation to offer the residents the option to apply for a low cost loan to assist with connection to a water supply was proposed and seconded, however, when put to the vote, this was lost (voting, 3 in favour, 5 against).  The Chairman then proposed that the Council take no further action on the Allowenshay Private Water Supply after considering that all reasonable efforts to resolve the matter had been made. This was seconded and unanimously agreed by Members.