Representation by Cadent Gas Limited (Cadent Gas Limited)
- Date submitted
- 23 February 2023
- Submitted by
- Other statutory consultees
WITHDRAWN on 20 July 2023 (EL Reference: AS-148) Representation on behalf of Cadent Gas Limited (Cadent) to the Lower Thames Crossing Development Consent Order (DCO).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, West Midlands, East 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 Lower Thames Crossing DCO in order to protect its position in light of gas infrastructure which is located 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. 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 are therefore required and are currently in discussion between parties with agreement expected to be reached. 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. Gas infrastructure within the Order limits Cadent has low, medium, intermediate and high pressure gas pipelines and associated apparatus located within the order limits which are affected by works proposed and many of which require diversions due to likely impact. Cadent has been engaged with the Promoter throughout the pre-application process to highlight the location of its existing gas network and to identify the likely impact to Cadent of the proposed development. Furthermore, the current draft Development Consent Order proposes the compulsory acquisition of a number of plots of land or the compulsory acquisition of rights over land within which Cadent has apparatus located which benefit from existing Deed of Easements allowing Cadent access to maintain, protect, inspect and operate pipelines. Cadent is in discussions with the Promoter and hopes to agree a form of Protective Provisions shortly. Diversions of Cadent pipelines Cadent was originally commissioned by the Promoter to undertake design studies to inform the routing for nine high pressure gas diversions however this has since been reduced through detailed design to four high pressure diversions and one medium pressure diversion, namely authorised works G5/MU40, G6, G7 and G10. In addition, the DCO includes for the construction of a new gas compound and isolation valve, authorised works G6a and G6b. The Promoter is also proposing to undertake a number of ‘contestable diversions’ of Cadent lower pressure mains for which the Promoter will be responsible for designing and constructing in accordance with contractual arrangements. Cadent has reviewed the current DCO documentation in relation to these diversions and wishes to raise the following outstanding matters of concern: Compulsory Acquisition and Land Rights Cadent will require National Highways to obtain and grant to Cadent adequate rights to lay, access, protect and maintain apparatus on Cadent’s standard easement terms or equivalent rights acquired by compulsion including the imposition of restrictive covenants to protect apparatus and adequate access to existing and diverted apparatus from highways. Cadent will not begin to construct or bring into operation alternative apparatus until it has sufficient land and rights in land (to its satisfaction) to do so, whether pursuant to the DCO or otherwise. Cadent has experience of promoters securing insufficient rights in land within DCOs for necessary diversions of its apparatus, 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. As with the provision of adequate land rights for the retention of diverted assets, Cadent also requires the Promoter to ensure that it makes necessary arrangements for the abandonment of Cadent pipelines and surrender of existing Cadent rights where sections of pipeline are to be decommissioned and grouted. This will be required before Cadent commences construction of any diversions. Where the Promoter has not sought to include adequate powers within the DCO to undertake decommissioning activities, it will remain the Promoter’s responsibility to obtain necessary rights or arrange for the surrender of rights with third party landowners prior to Cadent undertaking any construction activities. This reflects the terms of the protective provisions in the draft DCO. Work number G5 Cadent has identified and highlighted to the Promoter’s Lower Thames Crossing project team through consultation that the current designed diversion route is proposed to be constructed within plot 28-130, for which temporary rights only have been included within the DCO. As above, Cadent will require adequate rights to protect and maintain its future assets and therefore Cadent seeks assurance from the Promoter that rights can be granted in a form acceptable to Cadent prior to construction. Work number G7 Throughout the design and pre-application process, Cadent has continually raised concerns about a new proposed attenuation drainage pond proposed within the route of its proposed diverted pipeline. This is unacceptable to Cadent and despite being raised during conceptual design in September 2020, no resolution has been sought to satisfy Cadent’s concerns. Cadent will be unable to proceed with this diversion unless a resolution can be found. Work number G10 Throughout the design and pre-application process, the proposed pipeline diversion has been withdrawn and reissued by Cadent due to the promoter seeking an engineering solution to avoid it. The Promoter not yet finalised its design in this location, therefore at present Cadent consider G10 to remain a proposed pipeline diversion. During the design and pre-application process the Promoter has realigned the DCO boundary therefore reducing the ability for Cadent to fully construct this diversion within the Order limits, the Promoter will remain responsible for the procurement of any additional land required to undertake works. In addition, Cadent requests assurances from the Promoter that they will provide and maintain responsibility for safe and controlled access and egress from the M25 to allow works to proceed safely. Detailed design Cadent has concerns that its current proposed diversionary routes are based on an indicative road scheme. Therefore until Cadent has considered the FINAL road scheme design, it cannot be satisfied these diversion routes remain final. Any changes to land rights required, consents or permissions will remain the responsibility of the Promoter to procure and grant to Cadent in its required forms prior to construction.