Celina Colquhoun
Celina Colquhoun specialises in all aspects of planning; highways; CPO and environmental law including water and sewers & drainage law. She also has good experience in licensing matters.
Celina has been consistently ranked by Legal 500 and Chambers & Partners (she is currently in Legal 500 Tier 2 ( London) and Tier 1 (Midlands) and Chambers & Partners Band 4 for Planning). She is also rated by Planning Magazine Legal Survey 2019 as amongst the UK’s top planning juniors.
She has appeared extensively as an advocate in public inquiries and hearings as well as in the High Court and Court of Appeal.
She acts for and advises a very wide range of public bodies and private parties addressing planning development consents, appeals as well as planning enforcement and the promotion of or objection to development related Orders. In addition she has considerable experience in environmental related issues including waste, contamination, air quality and water/drainage matters.
Recent cases of note include UBB-v- Essex County Council [2019] EWHC 1924 for the claimant waste company; acting for the objecting landowner in the Manston Airport DCO ; for the County Highway Authority in The County of Herefordshire (South Wye Transport Package– A4194 Southern Link Road) CPO and SRO ; Binning Property Corp Ltd v SSCLG [2019] EWCA Civ 250 for the appellant; and s.101 Planning Act 2008 advisor to the Examining authority in Thames Tideway Tunnel DCO application by Thames Water.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1990
Membership
- Bar Council
- PEBA
- UKELA
- NIPA
- CPA
- ALBA
- Parliamentary Bar Mess
- JUSTICE
- European Circuit of the Bar
Qualification
- (LLB)
Education
- ICSLR
- University of Buckingham
1 Contributions by Celina Colquhoun
PRACTICE NOTES
Sewer adoption agreements under the Water Industry Act 1991, section 104: England and Wales procedures and differences, Ofwat Code, Sewerage Sector Guidance, charging, variation/termination and enforcement
Introduction
The adoption of sewers is the mechanism by which sewers are vested in the sewerage undertaker or an appointed sewerage company, after which the undertaker meets the cost of maintenance. A sewer adoption agreement (described in this Practice Note as a ‘section 104 agreement’) is the contract that developers or, in Ofwat’s terminology, ‘self-lay providers’ (SLPs) enter into with the undertaker when the developer wishes the undertaker to assume responsibility for sewerage infrastructure they have built so that it becomes a public sewer. A sewer adoption agreement can likewise be used where a section 160 Water Industry Act 1991 (WIA 1991) arrangement exists under which the undertaker agrees to carry out works connected with constructing sewerage infrastructure at the relevant person’s expense. The statutory basis for undertakers to enter such agreements is WIA 1991, s 104.
The approach to adopting new sewerage connections currently differs between England and Wales.
Procedure for the adoption of sewers England
In England, developers may provide their own sewerage infrastructure, and adoption is discretionary. Developers can decide whether to ‘request’ their local sewerage undertaker to adopt these assets (WIA 1991, s 104(2))...
Planning
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