Representation by British Pipeline Agency Limited (British Pipeline Agency Limited)
- Date submitted
- 18 October 2023
- Submitted by
- Non-statutory organisations
Background Fieldfisher LLP represent British Pipeline Agency Limited ("BPA"). BPA acts as agent and operator on behalf of the Walton-Gatwick Pipeline Company Limited ("WGPL") including negotiations in relation to WGPL's infrastructure. WGPL own a national high pressure mixed fuel pipeline system connecting, receiving and processing terminals with end users such as airports. WGPL currently supplies around 93% of Gatwick Airport's jet aviation fuel (which includes volume ingression from both Buncefield and Gatwick) via a pipeline and ancillary apparatus ("the WGPL Pipeline") which supplies the fuel storage terminal at the north of the Order Land (as defined in the draft order granting development consent for the Gatwick Airport Northern Runway (the "Draft Order")). WGPL was granted a 999-year lease (including ancillary easements) on 13 June 1996 (the "Lease") to (inter alia) install, maintain, replace and repair the WGPL Pipeline. Gatwick Airport Limited's ("the Applicant") Proposals The Applicant has included the WGPL Pipeline and ancillary easements together with general access rights to the WGPL lease dated 13 June 1966 and made between the Applicant (1) and WGPL (2) within the terminal building ("the Terminal Building Lease") within the land to be permanently acquired. However, the Draft Order works' plans show that the proposed works are significantly to the south of the WGPL Pipeline and ancillary easements and access rights. It is difficult to see what rights could be required within this area (on the Applicant's current plans) which would justify the acquisition and sterilisation of WGPL's existing land rights, not least given that the WGPL Pipeline is such a critical national infrastructure asset. On 2 October 2023, the Applicant sent a letter to WGPL which contained the following statements: "As a company with interest(s) within the airport, we need to include land and property in which you have an interest within our DCO. Due to the size of the project and number of interests affected by it, it is necessary to include your rights interest in land within the DCO. The premises you occupy are included with the DCO for the purposes of planning; however, we have excluded them from DCO for the purposes of compulsory acquisition." It is not clear whether in referring to the "premises you occupy" the Applicant is referring solely to the Terminal Building Lease as opposed to the WGPL Pipeline together with any ancillary easements or access rights (which would more accurately be described as 'land within which you have an interest'). Statutory and Regulatory Requirements and Other Concerns WGPL (as owner) and BPA (as operator) are under a continuous obligation pursuant to statute and regulation (including but not limited to the Pipe-Lines Act 1962 and the Pipeline Safety Regulations 1996) to keep the WGPL Pipeline in good repair and maintenance, and to keep it safe. WGPL/BPA require access to the entirety of the WGPL Pipeline and the Terminal Building Lease to comply with their statutory and regulatory obligations and to safeguard the supply of aviation fuel to Gatwick Airport. If WGPL's rights under the Lease were to be extinguished and equivalent replacement rights not granted, WGPL/BPA would be unable to carry out maintenance and emergency works. This could ultimately mean the WGPL Pipeline could become hazardous thereby posing significant health and safety risks. Any disruption to the section of WGPL Pipeline (including any inability to repair or maintain the asset) would significantly impact the supply of jet aviation fuel to Gatwick Airport, possibly for months. Therefore, unless the Applicant can reasonably demonstrate how the land in which the WGPL Pipeline and ancillary easements and access rights are situated are necessary for the delivery of the project giving rise to the Draft Order, BPA's view is that these should not form part of the land to be acquired. If the Applicant does demonstrate that this land is necessary for the delivery of the project, it is essential that acceptable protective provisions are agreed between the Applicant and BPA. BPA would therefore like to register as an interested party. Communication with the Applicant We are now in communication with Herbert Smith Freehills LLP ("HSF") who act for the Applicant. It is hoped that acceptable protective provisions can be negotiated between the parties which, once agreed, should provide acceptable comfort to BPA (as agent for WGPL) to the extent that any live pipelines are affected by the Draft Order. Appropriate protective provisions should also mitigate any health and safety concerns. The agreement of protective provisions is of critical importance to ensure that the WGPL Pipeline retains all necessary protections and rights to enable WGPL/BPA to repair, maintain and operate WGPL Pipeline and the wider pipeline network (of which it is a part) in accordance with its statutory and regulatory framework. It should be noted that as at the date of this submission, we await a cost undertaking from HSF to cover BPA's legal costs in relation to the negotiation and agreement of such protective provisions as agent for WGPL. The Examining Authority will be updated on the progress of any negotiations. In the absence of acceptable protective provisions or the removal of the WGPL Pipeline and ancillary easements from the land to be acquired in the Draft Order, BPA will have to object to the Draft Order as agent for WGPL.