Representation by Essex Waterways Ltd (Essex Waterways Ltd)
- Date submitted
- 3 November 2022
- Submitted by
- Members of the public/businesses
Essex Waterways Ltd:- Essex Waterways Ltd (EWL) is a trading subsidiary of the Inland Waterways Association (IWA), a national charity which campaigns for the conservation, use, maintenance, restoration and appropriate development of the inland waterways for public benefit. In 2003, the Company of Proprietors of the Chelmer and Blackwater Navigation (C&BNCo), which had operated the Chelmer and Blackwater Navigation from Chelmsford to Heybridge (near Maldon) since being established by Act of Parliament in 1793, was put into administration. In order to avoid the risk of closure of the waterway, IWA established EWL which signed a Management Agreement with the C&BNCo and the Administrator in 2005, renewable every ten years at EWL’s discretion, to manage the waterway and various associated assets (together referred to in the Agreement as the “managed assets”). This remains the situation today. Under the management agreement, EWL is responsible for maintenance of the waterway and towpath and management of use by vessels. Currently over 300 motor craft are based on the navigation and pay mooring fees to EWL. The waterway also accommodates craft visiting from tidal waters, as well as many manually propelled craft, such as canoes and paddleboards. EWL also maintains and manages the towpath, which is in waterway ownership and is a public right of way throughout. The towpath is used extensively by members of the public and by EWL for access for plant to maintain waterway structures, control vegetation, undertake dredging and so on. EWL as an Interested Party in relation to the A12 Chelmsford to A120 Widening Scheme (the Scheme):- EWL has no interest in whether or not the scheme as a whole is authorised. Our interest is specifically as a landowner and waterway operator whose land and operations will be affected by the scheme. Effects on land owned by C&BNCo and managed by EWL will arise due to the requirement to build a surface water drainage pipe across Navigation land and to install an outfall to the River Chelmer. The relevant work is Work No. 2(a) in the draft development consent order (DCO). These works will affect plots 1/14a and 1/11g shown on Sheet 01 of the Land Plans (Document ref. TR010060/APP/2.7), which form part of the managed assets over which EWL has full control. These are classed as “special category land” under Article 45. The draft DCO includes powers under Article 40 for temporary access during construction and under Articles 46 and 47 for tree works Article 30 of the draft DCO also provides for acquisition of permanent rights of access to maintain the highway drainage infrastructure, as detailed in Schedule 5, Article 31 deals with effects on private rights of rights acquired under Article 30 and Article 41 allows temporary use of the land for maintenance of the drainage infrastructure. There is potential for adverse effects on EWL’s waterway operations during the construction of the relevant works, particularly regarding access to and use of the towpath. There is potential for adverse effects on navigation during the operational phase of the Scheme, due to permanent changes to the towpath, obstruction of the navigation through the outfall structure intruding into the waterway channel and siltation arising from discharge of surface water drainage from the highway. Under Articles 55 and 56, the draft DCO also includes powers to disapply parts of the original 1793 C&BN Act and waterway byelaws identified in Schedule 10, where these conflict with the rights established by the DCO. EWL has contributed to pre-application consultation but still has a number of concerns about the proposed development. To date detailed designs for the works on waterway land or affecting the navigation are not available, nor are construction method statements, so EWL is unable at this stage to confirm that the works will not have any adverse effects on its interests. EWL is in ongoing communication with National Highways’ consultants and is working together with them to reach agreement on matters of concern. The intention is to document the agreed matters in a Statement of Common Ground which would be submitted to the examination. EWL hopes that, as the design process continues, it will be possible to reach agreement with National Highways, through its consultants, that will allay its concerns. However, EWL wishes to maintain the option of providing written evidence to the examination and of raising matters at the Preliminary Meeting or at hearings. Therefore, EWL hereby submits this Relevant Representation to register as an Interested Party.