Representation by Thames Water (Thames Water)
- Date submitted
- 30 March 2021
- Submitted by
- Other statutory consultees
Thames Water Utilities Limited (“TWUL”) is appointed under Chapter 1 of Part II of the Water Industry Act 1991 (“WIA”) as water and sewerage undertaker for the Thames region, which includes water only at the location of the London Resort. In principle, TWUL does not object to the London Resort scheme but has limited capacity in this area. It will be a challenge to facilitate the proposed demand in the timeframes suggested without having a detrimental impact on our existing customers. TWUL needs to work closely with London Resort to alleviate these concerns. TWUL owns a number of water mains and other apparatus throughout the land that will be affected by the scheme and which will either need to be diverted or protected as a result. TWUL does not believe that the provisions of the draft Development Consent Order (“the Order”) satisfactorily protect TWUL’s existing and future apparatus and ability to comply with its statutory duties or exercise its statutory powers. TWUL also requires clarity in relation to certain provisions, and parity with provisions afforded to other undertakers under the Order. TWUL proposes amendments to specific provisions in order to alleviate these concerns. TWUL has concerns about the clarity of Article 14 in Part 3 of the draft Order, as to whether the Applicant is seeking cost sharing as highway authority delivering major highway works in existing streets. TWUL has proposed amendments to the Protective Provisions in Part 1 of Schedule 11 and is currently negotiating with the Applicant, however an agreement has not been formalised. These amendments are as follows (including, but not exclusively): TWUL proposes an increase to the notice period in various provisions from 28 to 56 days and requests an amendment to require the Applicant to consult and agree technical solutions before serving notice. The definitions in paragraph 2 should be amended to fully reflect all apparatus that TWUL owns or could own that would need to be protected under the Order, and to capture how alternative apparatus should be characterised. TWUL requires notice of any works that could impact on TWUL apparatus, and not just works authorized under clause 6(2) and requests an amendment which obliges the Applicant to assess impact and propose mitigation. TWUL has proposed additional words in clause 6(3) to reflect the limitations of our statutory powers. TWUL requires an amendment to clause 8(6) to ensure the Applicant obtains TWUL consent before working on TWUL existing or future apparatus. TWUL proposes an amendment to paragraph 9(1) to ensure consistency with recovery of expenses, as per the WIA section 185. TWUL has proposed alternative wording to clause 10(1) in relation to losses suffered in consequence of works authorised under the Order or otherwise. TWUL has proposed a new clause (clause 12) for access to apparatus and land that is materially obstructed. TWUL has proposed a new clause (clause 13) to clarify that if TWUL uses its powers, it will do so under its own statutory powers and not through the Order.