Representation by National Grid Electricity Transmission Plc (National Grid Electricity Transmission Plc)
- Date submitted
- 23 February 2023
- Submitted by
- Other statutory consultees
Relevant Representation of National Grid Electricity Transmission Plc in respect of the Lower Thames Crossing DCO (the “Project”) This relevant representation is submitted on behalf of National Grid Electricity Transmission Plc (“NGET”) in respect of the Project, and in particular NGET’s infrastructure and land which is within or in close proximity to the proposed Order Limits. NGET owns and operates the electricity transmission network in England and Wales, with day-to-day responsibility for balancing supply and demand. NGET operate but do not own the Scottish networks. NGET is required to comply with the terms of its Electricity Transmission Licence in the delivery of its statutory responsibility. Under Section 9 of the Electricity Act 1989, NGET have a statutory duty to maintain ‘an efficient, co-ordinated and economical’ system of electricity transmission. NGET has been working with National Highways (the “Applicant”) during the preparation of the DCO application and will continue to do so through the Examination in order to seek to ensure that all outstanding matters between the parties are addressed. NGET infrastructure within/in close proximity to the proposed Order Limits: NGET owns or operates a number of 275kV and 400kV overhead electricity transmission lines and underground cables within or in close proximity to the proposed Order Limits for the Project. In addition, NGET owns two substations which are located within the Order limits. These assets form an essential part of the electricity transmission network in England and Wales. Diversions: The Project proposes to divert a number of NGET’s existing overhead electricity transmission lines. These are referenced within the DCO as Work Numbers: ? Work No. OH1 (4YN Route) ? Work No. OH4 (ZJ Route) ? Work No. OH6 (YYJ Route) ? Work No. OH7 (ZB Route) ? Work No. OHT1 (4YN Route Temp) ? Work No. OHT2 (ZJ Route Temp) ? Work No. OHT4 (ZB Route Temp) ? Work No. OHT5 (YYJ Route Temp) ? Work No. OHT6 (YYJ Route Temp) ? Work No. OHT7 (ZB Route Temp) ? Work No. OHT8 (ZB Route Temp) (together the “Proposed Diversions”). As noted above, Work Numbers OHT1 to OHT8 (inclusive) are the temporary diversions of NGET’s overhead line. Work Number OH7, which relates to the diversion to the ZB Route, is an NSIP in its own right. Matters of Concern to NGET As a responsible statutory undertaker, NGET’s primary concern is to meet its statutory obligations and ensure that any development proposed to be undertaken by the Applicant does not impact in any adverse way upon those statutory obligations. As such, NGET has a duty to protect its position in relation to: (i) the Project and the Proposed Diversions and (ii) any other infrastructure and land owned or held by NGET which is within or in close proximity to the draft Order Limits. In particular, NGET will require: 1 Appropriate protection for retained apparatus including compliance by the Applicant and its contractors with relevant standards for works proposed within close proximity of NGET’s apparatus. 2 That NGET’s rights of access to inspect, maintain, renew and repair such apparatus must also be maintained at all times and that NGET’s access to inspect and maintain such apparatus must not be restricted. 3 That where the Applicant intends to acquire land or rights, or interfere with any of NGET’s interests in land or NGET’s apparatus, NGET will require appropriate protection and further discussion is required on the impact to its apparatus and rights. In this context, there are certain key matters which remain to be addressed in respect of the Proposed Diversions: • Permanent, Temporary and Mitigation Design conflict/clash resolution (there are currently still a number of areas with potential clashes/conflicts between NGET designs for the Proposed Diversions, the Applicant’s designs and other statutory undertaker designs). • Phasing of Works and Division of Responsibility (confirmation that the Applicant and/or its main delivery partner will undertake all necessary preparatory surveys, mitigation and enabling works in order to allow NGET’s contractors to commence works in respect of the Proposed Diversions in accordance with agreed programmes). • Environmental Statement and Supporting Management Plans and Mitigation As mentioned above, NGET has been working with the Applicant during the preparation of the DCO application and has reviewed the DCO application documentation. NGET will continue to work with the Applicant throughout Examination in order to seek to ensure that all outstanding matters between the parties are addressed some of which relate to the delivery of mitigation measures set out in the Environmental Statement which will be controlled via the related Management Plans (including but not limited to: the Code of Construction Practice (CoCP) and REAC; the draft Archaeological Mitigation Strategy and Outline Written Scheme of Investigation; the Environmental Masterplan; the Outline Landscape and Ecology Management Plan; the Framework Construction Travel Plan; the Outline Traffic Management Plan for Construction; the Carbon and Energy Management Plan; the Outline Site Waste Management Plan (Appendix A of the CoCP) and the Outline Materials Handling Plan (Appendix B of the CoCP). In particular, as also noted above, NGET is keen to confirm responsibilities for mitigation proposed as part of the Project such that the Applicant will undertake all necessary preparatory surveys, mitigation and enabling works in order to allow NGET’s contractors to commence works in respect of the Proposed Diversions in accordance with agreed programmes. Whilst NGET is reassured by the positive progress made to date in addressing each of these requirements and concerns, a number of matters remain to be resolved to NGET’s satisfaction, particularly in relation to the Proposed Diversions. NGET anticipates that further updates and detail on each of these outstanding or unresolved matters will be provided in the Statement of Common Ground and Principal Areas of Disagreement (PADs) Tracker, alongside NGET’s Written Representation. NGET remains committed to working with the Applicant during the Examination to reach a satisfactory conclusion on each of these matters. Protective Provisions Taking account of the points made above, NGET will require protective provisions to be included within the draft Development Consent Order (the “Order”) for the Project to ensure that its interests are adequately protected and to ensure compliance with relevant safety standards. NGET is liaising with the Applicant in relation to such protective provisions, along with any supplementary agreements which may be required. NGET requests that the Applicant continues to engage with it to provide explanation and reassurances as to how the Applicant’s works pursuant to the Order (if made) will ensure protection for those NGET assets which will remain in situ, along with facilitating all future access and other rights as are necessary to allow NGET to properly discharge its statutory obligations. NGET will continue to liaise with the Applicant in this regard with a view to concluding matters as soon as possible during the DCO Examination and will keep the Examining Authority updated in relation to these discussions. Compulsory Acquisition Powers in respect of the Project As noted, where the Applicant intends to acquire land or rights, or interfere with any of NGET’s interests in land, NGET will require further discussion with the Applicant and where such land or rights are to be acquired for the benefit of NGET, NGET’s approval must be obtained in respect of the nature and extent of any rights to be secured.