When a dispute regarding a groundwater matter arises, the person who raised the dispute may refer the dispute to an appropriately qualified and experienced person for determination.  The County Council has assembled a panel of appropriately qualified and experienced surveyors to undertake this function.  When a dispute is notified Cardiff County Council will propose one of the surveyors on the panel in strict rotation.  If the other party disagrees they will be asked to propose an alternative name within 14 days.  Cardiff County Council will state if it agrees to the alternative within a further 14 days.  If an alternative name is not proposed or is not agreed Cardiff County Council will give notice and refer the appointment to the President of the Royal Institution of Chartered Surveyors.

The independent person will not decide the dispute as an arbitrator i.e. strictly on the evidence, but will act as expert and will bring to bear his own skill, expertise and knowledge in deciding the dispute.

The procedure will be deliberately informal but the independent person will be required under their terms of appointment to give their decision in writing and to explain the reasons for their decision, which will be final and binding.

Where a party to the dispute is unable to make out their case to the independent person in an effective manner, because of age, infirmity, disability or lack of knowledge of English or Welsh, Cardiff County Council will pay that person’s costs incurred in employing an advisor or friend to put their case if the independent person agrees it is appropriate to do so.  Cardiff County Council will not generally meet the costs of legal representation, which will not usually be necessary.

The independent person's fees for acting, and any other expenses of the appointment, will be paid by Cardiff County Council.