Representation by National Gas Transmission (National Gas Transmission)
- Date submitted
- 23 February 2023
- Submitted by
- Other statutory consultees
Relevant Representation of National Gas Transmission Plc in respect of the Lower Thames Crossing DCO (the “Project”) This relevant representation is submitted on behalf of National Gas Transmission Plc (“NGT”) in respect of the Project, and in particular NGT’s infrastructure and land which is within or in close proximity to the proposed Order Limits. As a result of a sale to a consortium between Macquarie Infrastructure and Real Assets (Europe) Limited and British Columbia Investment Management Corporation, National Grid Gas Plc changed its name on 6 February 2023 to National Gas Transmission Plc. Therefore, all further engagement in respect of this matter will be on behalf of NGT. NGT owns and operates the gas transmission network in England, Scotland and Wales. NGT is required to comply with the terms of its Gas Transmission Licence in the delivery of its statutory responsibility. Under section 9 of the Gas Act 1986, NGT has a statutory duty to maintain an ‘efficient, co-ordinated and economical’ network. NGT 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. NGT infrastructure within/in close proximity to the proposed Order Limits: NGT owns and operates two high pressure gas transmission pipelines located within the Order Limits. These transmission pipelines form an essential part of the gas transmission network in England, Wales and Scotland: • Feeder main 18; and • Feeder main 5. Diversions: The Project proposes to divert both of these NGT feeder mains requiring three separate diversions. Each of these diversions is considered an NSIP in its own right as they are considered ‘likely to have a significant effect on the environment’ for the purposes of section 20(3)(b) of the Planning Act 2008. They are referenced within the draft Development Consent Order as Work Numbers: • Work No. G2 • Work No. G3 • Work No. G4 (together the “Proposed Diversions”) Matters of Concern for NGT: As a responsible statutory undertaker, NGT’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, NGT 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 by NGT which is within or in close proximity to the draft Order Limits. In particular, NGT 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 NGT’s apparatus. 2. NGT’s rights of access to inspect, protect, maintain, renew, repair and retain such apparatus must also be maintained at all times and that NGT’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 NGT’s interests in land or NGT apparatus, NGT 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 NGT designs for the Proposed Diversions (such as the A2/Claylane attenuation pond), 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 (including ecological/archaeological), mitigation and enabling works (including tree removal, accesses, haul roads, compounds and fencing) in order to allow NGT’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, NGT has been working with the Applicant during the preparation of the DCO application and has reviewed the DCO application documentation. NGT 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, NGT 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 NGT’s contractors to commence works in respect of the Proposed Diversions in accordance with agreed programmes. • 24 hour working NGT require 24 hour working, in particular whilst operating the tunnel boring machine (“TBM”) required for each of the Proposed Diversions. This will involve the TBM operating 24 hours a day and the associated above ground compounds also being active 24 hours a day. NGT have sought confirmation from the Applicant that this work has been appropriately assessed in the Environmental Statement and are awaiting confirmation from the Applicant on this matter. • Removal of decommissioned gas apparatus Following completion of each of the Proposed Diversions, NGT intends to decommission and subsequently remove the existing sections of pipeline and associated apparatus which form part of Feeder Main 5 and Feeder Main 18. Therefore, NGT requires confirmation from the Applicant that works to remove the decommissioned gas pipelines and associated apparatus have been appropriately assessed in the Environmental Statement and, where necessary, that additional land rights will be sought by the Applicant to enable the removal to take place. Whilst NGT 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 NGT’s satisfaction, particularly in relation to the Proposed Diversions. NGT 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 NGT’s Written Representation. NGT 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, NGT 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. NGT is liaising with the Applicant in relation to such protective provisions, along with any supplementary agreements which may be required. NGT 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 NGT assets which will remain in situ, along with facilitating all future access and other rights as are necessary to allow NGT to properly discharge its statutory obligations. NGT 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 NGT’s interests in land, NGT will require further discussion with the Applicant and where such land or rights are to be acquired for the benefit of NGT, NGT’s approval must be obtained in respect of the nature and extent of any rights to be secured. NGT reserves the right to make further representations as part of the Examination process but in the meantime will continue to liaise with the Applicant with a view to reaching a satisfactory agreement on all outstanding matters.