Representation by Affinity Water Limited (Affinity Water Limited)
- Date submitted
- 21 June 2024
- Submitted by
- Members of the public/businesses
Relevant Representation This relevant representation is submitted on behalf of Affinity Water Limited (“Affinity”) in relation to the proposed Five Estuaries Offshore Wind Farm project. Affinity is a water undertaker appointed under the Water Industry Act 1991. Under this appointment, Affinity provides, on average, 900 million litres of water each day to a population of more than 3.6 million people in parts of Bedfordshire, Berkshire, Buckinghamshire, Essex, Hertfordshire, Surrey, the London Boroughs of Harrow and Hillingdon and parts of the London Boroughs of Barnet, Brent, Ealing and Enfield. Affinity also supplies water to the Tendring peninsula in Essex and the Folkestone and Dover areas of Kent. Affinity is therefore a statutory undertaker for the purposes of sections 127 and 138 of the Planning Act 2008. Should the proposed Development Consent Order (“the DCO”) be made to authorise Five Estuaries Offshore Wind Farm Limited (“Five Estuaries”) to construct, operate and maintain the Five Estuaries Offshore Wind Farm project (“the Project”) it would permit extensive development within areas where Affinity is responsible for providing water supply services. To fulfil its statutory duties, Affinity maintains a wide range of apparatus that is critical to the continuing efficacy of its services. If made, the DCO would authorise the exercise of powers over or near land in which Affinity maintains assets and/or has other rights for the purposes of discharging its statutory duties. Unchecked, the exercise of such powers in respect of Affinity’s interests would cause severe detriment to it. Affinity has a clear interest in the Project, but notes that there has been limited effort from Five Estuaries to date to engage with Affinity on the development of proposals which clearly impact upon Affinity’s interests. Whilst Affinity has no corporate position on the principle of the Project, at present it has several concerns that should the Project come forward in its proposed form, that it would pose a significant risk to Affinity’s ability to discharge its statutory water supply duties under the Water Industry Act 1991. Overall, on present information available, Affinity does not consider that Five Estuaries has demonstrated that it can resolve all of Affinity’s concerns regarding the impact of the Project on Affinity’s water infrastructure and its overall statutory undertaking. Affinity notes the “standard” set of protective provisions for the benefit of statutory undertakers contained in Part 1 of Schedule 9 to the draft DCO. However, Affinity considers these to fall short of providing it with the necessary protections. No engagement between Affinity and Five Estuaries has taken place on these to date – such engagement is encouraged by Affinity. Subject to such engagement commencing in a positive manner in short order, Affinity sees no impediment at this stage to it being able to reach a satisfactory arrangement with Five Estuaries during the course of the examination. However, absent such an arrangement having been formalised, Affinity is obliged at this stage to formally object to the DCO application on the basis of the Project causing serious detriment to Affinity’s apparatus and operations. In addition to the protective provisions, on a preliminary review of the DCO application documents, Affinity has identified various areas of concern on which it seeks further engagement from Five Estuaries, as follows: Horsley Cross 21” Cast Iron Water Main The Project will affect Horsley Cross 21” Cast Iron water main, which is a key asset belonging to Affinity by both crossing and running parallel to it. This section of main is a strategic main supplying water to our Horsley Cross water treatment works. This is the area’s primary treatment works supplying 70% of the water to the Tendring Peninsula and therefore a critical asset to Affinity’s business. Any interruption to the use of this asset would have a high adverse impact on Affinity’s business and ability to supply water and therefore meet its statutory duties. Affinity requires certainty that this main will be protected to its satisfaction during construction and operation or in the alternative if that is not possible, that a suitable alternative solution can and will be provided. It has not been possible to find any meaningful consideration of these assets in the consultation materials provided. It is worth noting that the close proximity of the Project’s cables may have an adverse impact on the ongoing condition of the asset potentially causing it to fail earlier than would be expected, such corrosive effects are well known. Affinity needs to have a better understanding as to the potential effect that the high-voltage cables to be constructed as part of Project will have on its assets, through independent expert analysis, so that necessary protection measures can be put in place. Other Assets We have identified approximately 40 locations where the Project’s “onshore red line boundary” interacts with Affinity pipe apparatus. However, it is currently unclear from the DCO materials provided thus far what actual risks are posed, if any, to these assets both during construction and during the lifetime of the proposed cables. In addition, Affinity must retain the ability to maintain any existing or diverted apparatus (or undertake improvement works) for the purposes of its statutory water supply duty. Insufficient information has been provided to date as to what measures are proposed to secure this access going forwards which could lead to significant delays in accessing our assets in the future and significant costs. Land & Easements During the minimal engagement we have had so far with Five Estuaries to date, we have discussed the preservation of our right of access to one of our sites at East Clacton Reservoir and Pumping Station, which Affinity understands will be impacted during the construction works. We require at least weekly access to this site for the purpose of maintenance. However, these discussions have not progressed and Affinity has yet to receive a more detailed proposal from Five Estuaries regarding access and no agreement has been reached. It is essential that we maintain access to this asset for the purposes of our water supply duties. Conclusion Affinity responded to the statutory consultation issued by Five Estuaries and outlined many of the above mentioned concerns. Affinity further indicated that should Five Estuaries not resolve our concerns then we would object to the DCO submission. Despite this, Five Estuaries have still not engaged substantively with Affinity, which is disappointing. Affinity still seeks meaningful and timely engagement from Five Estuaries given the importance of a holistic approach to the design solutions and the wide range of complex issues to be resolved. In particular Affinity wish to work with Five Estuaries to: • confirm the scope of its infrastructure affected; • influence the detailed solutions proposed; • develop the outline work programme for the DCO in which works to Affinity infrastructure would be undertaken to ensure impacts can be managed to an acceptable level; • ensure access to East Clacton Reservoir and Pumping Station is maintained; and • agree how appropriate provisions and protections can be put in place through a private legal agreement and protections in the DCO. Affinity is also seeking the opportunity to agree the approach to be taken on cost recovery. Affinity needs to better understand when and how engagement with it on design and delivery of water infrastructure diversions and alterations (as well as works in the vicinity of assets to remain in situ) will be carried out and how Affinity’s costs incurred in that process will be met.