Representation by Cadent Gas Limited (Cadent Gas Limited)
- Date submitted
- 29 July 2019
- Submitted by
- Members of the public/businesses
Representation by Cadent Gas Limited (Cadent) to the A38 Derby Junctions Development Consent Order (DCO) Cadent is a licensed gas transporter under the Gas Act 1986, with a statutory responsibility to operate and maintain the gas distribution networks in North London, Central and North West England. Cadent’s primary duties are to operate, maintain and develop its networks in an economic, efficient and coordinated way. Cadent wishes to make a relevant representation to the A38 Derby Junctions DCO in order to protect its position in light of infrastructure which is within or in close proximity to the proposed DCO boundary. Cadent’s rights to retain its apparatus in situ and rights of access to inspect, maintain, renew and repair such apparatus located within or in close proximity to the order limits including should be maintained at all times and access to inspect such apparatus must not be restricted. The documentation and plans submitted for the above proposed scheme have been reviewed in relation to impacts on Cadent’s existing apparatus located within this area, and Cadent has identified that it will require adequate protective provisions to be included within the DCO to ensure that its apparatus and land interests are adequately protected and to include compliance with relevant safety standards. Cadent has low, and medium pressure gas pipelines and associated below or above ground apparatus located within the order limits which are affected by works proposed and which may require diversions subject to the impact. Highways England require diversions to Cadent’s gas distribution network, but these diversions have not yet reached detailed design stage and so the positioning, land and rights required for gas diversions included within the DCO may not be sufficient for Cadent. At this stage, Cadent is not satisfied that the DCO includes all land and rights required to accommodate such works. Cadent will not decommission its existing apparatus and/or commission new apparatus until it has sufficient land and rights in land (to its satisfaction) to do so, whether pursuant to the DCO or otherwise. This is a fundamental matter of health and safety. At this stage, Cadent is not satisfied that the tests under section 127 of the PA 2008 can be met. Cadent has experience of promoters securing insufficient rights in land within DCOs to accommodate necessary diversions of its apparatus required by those DCOs, or securing rights for the benefit of incorrect entities. It is important that sufficient rights are granted to Cadent to allow Cadent to maintain its gas distribution network in accordance with its statutory obligations. To date, Cadent has not been consulted on the extent of land secured pursuant to the DCO or the form of rights to be acquired. Furthermore, there are references to National Grid Gas Plc throughout the Book of Reference, Statement of Reasons and DCO but there is no reference to Cadent Gas Limited. Cadent has apparatus affected across the scheme through multiple plots which should be referenced. As a responsible statutory undertaker, Cadent’s primary concern is to meet its statutory obligations and ensure that any development does not impact in any adverse way upon those statutory obligations. Adequate protective provisions for the protection of Cadent’s statutory undertaking have not yet been agreed or discussed between parties. Cadent wishes to reserve the right to make further representations as part of the examination process but in the meantime will seek to engage with the promoter with a view to reaching a satisfactory agreement.