Representation by Canal & River Trust (Canal & River Trust)
- Date submitted
- 7 February 2023
- Submitted by
- Other statutory consultees
The Canal & River Trust (the Trust) is the charity which looks after and brings to life 2000 miles of canals & rivers. Our waterways contribute to the health and wellbeing of local communities and economies, creating attractive and connected places to live, work, volunteer and spend leisure time. The Trust is a charitable organisation and is the navigation authority for the whole of the navigable River Ouse. The Trust has a duty under S105 Transport Act 1968 to maintain commercial waterways in a suitable condition for use and this applies to the relevant part of the River Ouse. In relation to this function and the Act it has duties relating to the safety of navigation on the River, which is used by both leisure and commercial vessels. Under its articles of association, the Trust's objects include the object to preserve, protect, operate and manage inland waterways for public benefit for navigation. The proposals include the removal of an existing cable above the River Ouse and the construction of a new overhead electricity cable to the north of Nether Poppleton (shown on drawings DCO_B/LA/PS/04 Sheet 4, and DCO_B/WO/PS/0 sheet 4). This part of the River Ouse is utilised by leisure users and associated tourist related business. It is the sole waterway between York and Ripley. Examples of users that could be affected include Linton Lock Marina to the north, and York Marina to the south. Unplanned closures could impact these users and affect traffic and visits in York and upstream. It is essential that any works to remove and install overhead cables are co-ordinated with the Trust to allow the Trust to appropriately manage vessel passage and maintenance activities on the River, in accordance with our responsibilities referred to above. The draft article 54 of the DCO as submitted grants a broad power to National Grid to close the river during periods of construction and maintenance. We have concern that could allow for works to interrupt river traffic or maintenance access with limited co-ordination with the Trust. The proposed powers sought in the DCO for the “temporary closure of, and works in, the River Ouse”, as worded, would prevent the Trust from carrying out its statutory duty, and could also limit the Trust’s ability to undertake remedial works to the river required to ensure that they are not placed in breach of their statutory obligations, or their obligations under the articles of association. Protective provisions have been provided for the Trust (schedule 12, part 3, of the draft DCO). However, these do not offer appropriate protection for the Trust, as they do not provide any controls for the timing of works, only providing the requirement for 28 days’ notice to be given to the Trust of works to obstruct or interfere with navigation rights, and the agreement of conditions regarding the works prior to their commencement. Typically the Trust requires longer periods of notice for works affecting navigation in order to notify users of the navigation and co-ordinate all works on any one navigation. The length of notice required depends on what time of day and what time of year the closure is planned for. The period of notice required can be as long as 9 months. The wording of 13 (2) regarding conditions that can be requested by the Trust is vague, and is open to interpretation. We note that the draft protective provisions provide significantly less protection for the Trust than those in recent DCOs containing protective provisions for bodies with similar safety and navigational responsibilities to the Trust. The draft wording could therefore still allow for future unscheduled closures of the River Ouse during times when craft passage is necessary for use of the waterway and for maintenance. Our position is that any operations affecting navigation on the River Ouse need to be co-ordinated with the Trust appropriately, so as to ensure that those operations do not adversely impact upon the Trust’s charitable objectives and maintenance responsibilities. In addition, the Trust in its capacity as navigation authority, is concerned with ensuring that there are no adverse impacts on navigation or navigational safety on the River Ouse arising from the proposed development, including as a consequence of any detrimental impact on the structural integrity of the river and river banks. The proposals include works above the River Ouse, and it is unknown whether construction processes may require the placement of temporary boats or equipment in or near the river. The Trust does not wish to face the risk of potential costs and losses to repair any damage through no fault of its own. Given the above risks, we respectfully request that DCO, when made, should include protective provisions to secure the position of the Trust in our capacity as Navigation Authority. This would include approval of work details by the Trust’s engineer, the making good of any detriment and the provision of details concerning protective fencing, surveys, lighting and as built drawings. Works affecting Trust waterways can be agreed with prospective applicants via the use of the Trust’s Code of Practice for Third Party Works. The Code of Practice is designed to safeguard the Trust’s assets and to deal with the nuances works affecting navigable waterways. In order to ensure that the construction works can be carried out without resulting in harm to the ability of the Trust to carry out its statutory duties, the Trust advises that works adjacent to and over the River Ouse should abide by the Code of Practice. The Code of Practice is critical to the Trust, as it specifically deals with waterway structures and the nuances of protecting the rights of our users, boaters, anglers etc. Based on the details provided through the application, there is insufficient clarity on what standard would be applied for the Trust to comment on how works might affect passage on the River Ouse. The Trust would normally deal with these matters via the Code of Practice on a site-by-site basis and would need to ensure that measures are in place to mitigate stability and any chances of landslides. The wording of the protective provisions as presently drafted could allow for works to be undertaken outside of the Trust’s established process via the Code of Practice. Additional wording to make it explicit that works will accord with the Code of Practice could help to overcome the concerns raised above. More details on the Code of Practice can be found at https://canalrivertrust.org.uk/business-and-trade/undertaking-works-on-our-property-and-our-code-of-practice Although the Trust has been in discussions with the Applicant about the effect of the proposals on its undertaking, the protections provided in the draft DCO do not adequately address the Trust’s concerns. The Trust believes it should be possible to resolve its concerns with the Applicant by negotiation, but reserves the right to appear at future hearing(s) if they are not resolved satisfactorily by that stage. In addition to the above, the Trust wishes to provide the following general comments on the scheme: The submitted plans (DCO_B/WO/PS/0, sheet 4) show utility undergrounding work to the south west of the River Ouse. We advise that careful management of loading and vibrations from construction plant and equipment in proximity to the river would be required in order to prevent any increase in the risk of land instability next to the river which, in the worst case scenario, could result in localised landslips into the river which could hinder navigation. We recognise that the applicant has addressed this matter within the submitted Noise and Vibration Management Plan. The measures described in paragraphs 2.5.10 to 2.5.12 are considered appropriate by the Trust to manage this risk. In accordance with the provisions of the draft DCO (Schedule 3, part 5), we request that these details should be complied with as part of the wider Construction Management Plans. The Trust is keen to ensure that risks of pollution or other adverse impact on the water quality of the river during and post construction is prevented. Consideration should be given towards measures to limit the risk of contamination towards the river from wind blow, seepage or spillage during the course of development operations in proximity to the river. We anticipate that appropriate mitigation measures will be identified within the outline Construction Management Plan details to be reserved through schedule 4, part 6 of the draft DCO.