Connecting to a public sewer in a business park

wallis1905

Hi,
I am trying to buy a site that previously had outline planning which has since expired. The site will connect to a public sewer that's in a business park owned by cork coco, and will not need to cross any other lands. My solicitor tells me that I will need a wayleave to do this because the sewer is not on a public road and the business park could potentially be sold in the future. There however was no reference to a wayleave in the original planning, and the sellers solicitor says there is no way I need a wayleave and its the same as connecting to a sewer on the road.
Just wondering if anybody has come across the before, or have any info that could help?

air

wallis1905 wrote: »

Hi,
I am trying to buy a site that previously had outline planning which has since expired. The site will connect to a public sewer that's in a business park owned by cork coco, and will not need to cross any other lands. My solicitor tells me that I will need a wayleave to do this because the sewer is not on a public road and the business park could potentially be sold in the future. There however was no reference to a wayleave in the original planning, and the sellers solicitor says there is no way I need a wayleave and its the same as connecting to a sewer on the road.
Just wondering if anybody has come across the before, or have any info that could help?

You are paying your solicitor to protect your interests while the seller's solicitor is only interested in making the sale.
Get it in writing from the sellers solicitor and / or confirm with the council and / or business park directly.

Victor

There is normally a right to connect to a sewer on a public road. Roads in business parks and the like aren't public roads, they are private roads that just happen to be owned by the council. At the very minimum you should have some document from the council that says you are entitled to use the roads and connect utilities across them. It will also need to clarify who is responsible for maintaining the road and utilities (from the public road to your site).

There was a row in one of the Blanchardstown industrial estates where the management company owned the roads, but the council owned the water mains or drains under them.

The_Conductor

I am personally aware of entire developments held up for years over access to 'public' sewage facilities- and know Shannon Homes got 14m from one developer just to connect to a public sewage pipe (owned by Fingal Co.Co.

You need to research this properly- an assurance from the sellers solicitor- is not sufficient.

wallis1905

OK, thanks for the advice. Looks like I need to sort this out. I presume this would all come out in the wash if I make a planning application anyway but might just be an extra bit of hassle?

Victor

wallis1905 wrote: »

OK, thanks for the advice. Looks like I need to sort this out. I presume this would all come out in the wash if I make a planning application anyway but might just be an extra bit of hassle?

Actually, no. It would only really become an issue when you say to them "Hi, I want to dig on your land" at constructions stage.

The council are likely to be very helpful, it means development levies and rates for them and jobs for constituents, but if you are spending €€€, you need to have that in writing.