Representation by Southern Water (Southern Water)
- Date submitted
- 13 March 2023
- Submitted by
- Other statutory consultees
This relevant representation is submitted on behalf of Southern Water Services Limited (“SWS”). SWS is the appointed water undertaker under the Water Industry Act 1991 for certain areas in the south-east of England comprising the Isle of Wight and parts of Hampshire, Sussex and Kent. SWS is also the appointed sewerage undertaker for the purposes of that same Act, comprising a larger continuous area stretching from Hampshire to Kent, including the Isle of Wight. As a result, SWS is subject to a number of strict statutory duties for the supply of water to c. 2.6 million people and providing sewerage services to c.4.6 million people. SWS is therefore a statutory undertaker for the purposes of section 127 of the Planning Act 2008. Should the proposed Development Consent Order (“the DCO”) be made to authorise National Highways to construct, operate and maintain the proposed alterations to Junction 9 of the M3 (“the Scheme”), it would permit development within the Order limits in areas where SWS is responsible for providing water and sewerage services. To fulfil its statutory duties, SWS maintains a wide range of apparatus that is critical to the continuing efficacy of its services. If made, the DCO would authorise the exercise of powers over or near land in which SWS maintains assets and/or has other rights for the purposes of discharging its statutory duties. Unchecked, the exercise of such powers in respect of SWS’s interests would cause severe detriment to it. Furthermore, should the DCO be made, it would authorise works within certain of SWS’s groundwater abstraction capture zones – further information is required from National Highways to confirm that the construction and operation of the Scheme would not give rise to any adverse effects on these zones, and that sufficient mitigation measures will be put in place. SWS notes the ‘standard’ set of protective provisions for the benefit of statutory undertakers contained in Part 1 of Schedule 10 to the draft DCO. It should be noted that SWS and National Highways have been positively engaging on some of these matters for some time and SWS sees no impediment at this stage to it being able to reach a satisfactory arrangement with National Highways during the course of the examination. However, absent such an arrangement having been formalised, SWS is obliged at this stage to formally object to the DCO application on the basis of the Scheme causing severe detriment to SWS’s apparatus and operations. SWS will continue to engage with National Highways with a view to reaching a satisfactory arrangement during the examination. SWS does not propose at this stage to submit a Principal Areas of Disagreement Summary (“PADS”), given SWS understands there to be no SoCG between SWS and National Highways in front of the Examining Authority presently. However, SWS would be very happy to submit a PADS alongside any SoCG in due course, if the Examining Authority would consider it beneficial.