Representation by Ainsty (2008) Internal Drainage Board (Ainsty (2008) Internal Drainage Board)
- Date submitted
- 9 February 2023
- Submitted by
- Other statutory consultees
Thank you for sending the supporting information for the proposed National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order. This is one of a two responses from Internal Drainage Boards who are Members of the York Consortium of Drainage Boards. We have reviewed the information provided and established the relevant locations which are in the Ainsty (2008) Internal Drainage Board District from the maps provided : - Section B - Sheet 3 - only to West of River Ouse - Section B - Sheet 4 - Section B - Sheet 5 - Section C The Board having the following comments on the proposals : It appears that linear cable works will be crossing the Boards district within the red line boundary. In this work it is likely the route will cross ordinary watercourses along with the ditches we maintain. We further note the red line boundary includes other aspects such as access roads and potentially locations for construction compounds. At this stage specific details of the work to be carried out is not available. The Board is concerned about the positioning of the future assets so maintenance of these watercourses can be sustained. This work directed by the Board requires the use of heavy machinery such as tracked excavators and tractors for channel maintenance. To facilitate this the Board not only requires maintenance access along the maintained ditch but also access to unload and move the equipment to the location. The Board needing to be able to obtain and maintain safe access to these watercourses both now, during the construction process and on completion of the work in the future. The Board byelaws and compliance covers these objectives. The Board also seeks that any development on the site includes effective control and attenuation of runoff. The Board requests this complies with the requirements of the Planning Authority and its planning conditions at the relevant location. In addition within the Boards Drainage District any outfall discharging to any ordinary watercourse along with any of our ‘maintained’ watercourses will require the consent of the Board. The Boards ‘maintained’ watercourses being highlighted on the Boards Drainage District map which is available on our website. GUIDANCE ON THE BOARD’S CONSENT The following highlights the details of the Boards consent requirements which are as follows : Under the Land Drainage Act 1991 and the Boards’ byelaws, the Board’s prior written consent (outside of the planning process) is needed for:- a. any connection into a Board maintained watercourse, or any ordinary watercourse in the Board’s district. b. any discharge, or change in the rate of discharge, into a Board maintained watercourse, or any ordinary watercourse in the Board’s district. This applies whether the discharge enters the watercourse either directly or indirectly (i.e. via a third party asset such as a mains sewer). c. works within or over a Board maintained watercourse, or any ordinary watercourse in the Board’s district – for example, land drainage, an outfall structure, bridges, culverting etc. d. any proposed works or structures in, under, over or within 9 metres of the top of the bank of any watercourse. Please note that the Board does not, generally, own any watercourses and the requirement to obtain the Board’s consent is in addition to obtaining consent from any land owner or other authority to carry out the relevant works. Full details of the Consent process can be found on our website:- http://www.yorkconsort.gov.uk DRAFT DCO PART 4 SUPPLEMENTAL POWERS In relation to the documentation the supplemental powers 19 Discharge of water we note that Internal Drainage Boards have powers from the Land Drainage Act 1991. In 19 clause (3) consent for watercourses is required of the person to whom it belongs. The Board seeks confirmation that belongs includes the Board and its powers to consent under the Land Drainage Act 1991. The Board would also seek that our maintained watercourses are protected in the same way as designated ‘Main River’ in 19(5). We however would also add to this clause unless otherwise consented under the relevant legislation which for IDB’s is the Land Drainage Act 1991. DRAFT DCO SCHEDULE 16 AMENDMENT TO LOCAL LEGISLATION PART 2 The Board ‘objects’ to the Ainsty (2008) IDB Byelaw clauses being disapplied as included in the draft consultation DCO document. The applicant being advised of the Boards position following an earlier consultation meeting. The Byelaws included to be disapplied are used to protect the banks from damage/over loading and to sustain maintenance access to the watercourse. The Board’s comments have been made following consideration of the information provided. If you have any queries on the above matter then please do not hesitate to contact the Board for further information.