Representation by National Grid Electricity Distribution (West Midlands) plc (National Grid Electricity Distribution (West Midlands) plc)
- Date submitted
- 19 March 2024
- Submitted by
- Other statutory consultees
M5 Junction 10 Improvement Scheme Development Consent Order: Relevant Representation on behalf of National Grid Electricity Distribution (West Midlands) plc 1. Relevant Representation submitted by Osborne Clarke LLP on behalf of National Grid Electricity Distribution (West Midlands) plc ("NGED"). 2. Osborne Clarke LLP act for NGED whose registered office is at Avonbank, Feeder Road, Bristol, BS2 0TB. NGED is the licensed distribution network operator under Section 6 Electricity Act 1989 (the "EA 1989") for the area in which the M5 Junction 10 Improvement Scheme DCO 202* (the "Order") is proposed to have effect. Section 9 of the EA 1989 places a duty on NGED as the electricity distributor to develop and maintain an efficient, co-ordinated and economical system of electricity distribution. 3. The application was received by the Planning Inspectorate on 19 December 2023 and accepted on 16 January 2024. 4. NGED's assets consisting of overhead and underground cables are situated in the Order land. 5. Article 24 of the draft Development Consent Order ("DCO") (Document Reference 3.1) provides the power for the Undertaker to compulsorily acquire the rights of NGED over the Order land or impose restrictive covenants. 6. Schedule 1 of the draft DCO sets out the authorised development. Schedules 5 and 7 set out the land in which only new rights may be acquired and land of which temporary possession may be taken. In both of these schedules, it is noted that the purpose is that it may be required for the diversion of NGED cables and associated apparatus and equipment. The Book of Reference (Document Reference 4.3) records the plot numbers within which NGED's apparatus is situated. NGED are reviewing these plots to establish the extent to which their apparatus are affected. 7. General protective provisions for the protection of electricity undertakers are included in Part 1 of Schedule 9 of the draft DCO. NGED consider these protective provisions alone to be insufficient for the protection of their assets. NGED needs to ensure that the wider powers being sought in the Order will not have a detrimental impact on NGED's electricity network and its duties under the EA 1989. This includes securing acceptable terms of any proposed protective provisions. 8. NGED is therefore making this representation as a holding objection to the application until an asset protection arrangement and protective provisions have been agreed between the parties. No formal agreement has yet been concluded and accordingly we are lodging this representation to protect NGED's position pending conclusion of an appropriate agreement. Once NGED is satisfied that its network is protected, we will notify the Planning Inspectorate promptly and withdraw the objection. Osborne Clarke LLP March 2024