Advice to Thames Water Utilities Ltd
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- From
- Thames Water Utilities Ltd
- Date advice given
- 11 October 2013
- Enquiry type
Panel Questions 4.19 to 4.23 deal with the Replacement Land Report which was submitted with the application as a piece of preliminary work, pending the passing and coming into force of the Growth and Infrastructure Act. A new report is being prepared on the basis of advice given by DCLG and this will form part of the submission to DCLG which we will share with the Examining Authority. It is intended that the issues raised in these questions will be dealt with in that report. However, we would appreciate clarity on one issue. Question 4.21 asks whether the option of obtaining ?alternative use certificates? was considered. Certificates of appropriate alternative development are only available for land subject to compulsory purchase powers where a notice to treat has been deemed to be served. We assume that this question relates to the general point that there may be an opportunity to change the use of potential replacement land already in beneficial use, or with planning permission for a different use, and we will be exploring that issue further in the new report. Does that meet the question you raise?
Panel Question 6.48 relates to the draft DCO article 47 (rights under or over streets and city walkways), which deals with the appropriation of subsoil under streets/city walkways, and air-space over streets/city walkways, but only within the Order limits. The Examining Authority has asked ?how do these subsoil and air rights relate to identified interests in the Book of Reference??. However, it is not possible to list out specific items in the Book of Reference, as this power is not a compulsory acquisition power (and indeed the article is drafted to expressly differentiate itself from acquisition (please see article 47(2))). It is a general power (comparable to article 10 (street works)) exercisable in relation to any and all streets/city walkways within the Order limits, which is intended to allow for temporary appropriation for construction or maintenance purposes only. Any permanent interest is to be secured through the compulsory acquisition powers and not through this article. The power contained in the article means that for example a crane could oversail a street, without any need for other powers to be exercised. For these reasons, we therefore intend to answer the Examining Authority?s question without cross-reference to specific interests in the Book of Reference, and would welcome the confirmation of the Examining Authority that this approach would address its line of enquiry.
Panel Question 8.9 ? The question requests that ?the applicant provide a photomontage or additional 3D representation to assist understanding of the relationship between the proposed CSO interception structure and the arch of Vauxhall Bridge, as seen in close views from the river walk on either side of the bridge (low tide)?? These views (particularly on the downstream side) may make it difficult to show the full relationship with the river wall, interception structure and bridge as the guarding can obscure the view. We feel that the relationship would be better demonstrated if the view were taken from the foreshore.
Panel Question 12.2 - The preamble to this question indicates that ?since the submission of the application, there may have been changes to relevant strategies and plans that have been used in the application documentation and evidence?. However, the question asks ?can the applicant advise of any changes or updates to the evidence used in the application, referencing if and how this has affected information provided in the application?. Please could you clarify what is required in the context of question 13.1 and fact that we have already provided updated copies of various of the project strategies, for example the Excavated Materials Options Assessment (EMOA) the updated version of which was submitted on 23 September.
Panel Question 12.4 - We agreed that this related to the provision of hyperlinking back to documents on your web site. We could also provide a document at the end of the process, ie in March 2014, that provides links back to all documents if that would help.
Finally, It is clear to us that the examination of issues raised by Sections 127 and 138 of the Planning Act (statutory undertakers? land and rights/apparatus) will be a matter for the Examining Authority. Can you please confirm that these powers have been fully delegated for this project and whether, therefore, there is any need to make a formal Section 127 application to the statutory undertakers? own Secretaries of State.
Advice given
Panel Question 4.21
This question in respect of Alternative Use Certificates relates, not to the potential replacement land, but to the open space land subject to Compulsory Acquisition (CA) powers included in the application.
Panel Question 6.48
Your approach is not agreed. The question is asked because the appropriation of subsoil and air rights is an exercise of CA powers in relation to land. On what basis is it considered that the inclusion of such powers in an article of the DCO removes the requirement for the usual procedures involving CA powers to be followed?
Panel Question 8.9
The approach you have outlined is helpful and we are happy for you to proceed on that basis.
Panel Question 12.2
If the answers to to the other Panel questions result in you providing updates in relation to e.g. new or revised local/Mayoral planning documents then that is fine. However, the Panel is seeking you to adopt a proactive approach towards monitoring and updating the evidence relied upon to support and justify the application documents e.g. if TfL had revised its plans or policies. The intention would then be for you to provide the Panel with a submission that would indicate what the implications were for the application evidence base and the application documents themselves.
Panel Question 12.4
As discussed, the Panel would appreciate all future submitted documents to contain hyperlinks to the referenced documents in order to aid navigation for them and interested parties. A document at the end of the process which provided links back to all documents would be extremely helpful.
S.127 and 138 applications
While the examination of the evidence and matters relating to these provisions of the Act can be undertaken as part of the examination, TWUL will still have to make an application to the relevant Secretary of State. I refer you to the Rule 6 letter, Annex E, point 7.