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Examining Authority's Second Written Round of Questions and Requests Thames Tideway Tunnel Thames Water Utilities Limited Application for Development Consent Application Reference Number: WWO10001 Examining Authority’s Second Written Round of Questions and Requests for Information Response from Thames Water Statement of Reasons - 13 January 2014 Doc Ref: APP79.1 Folder 169.5 January 2014 DCO-DT-APP-ZZZZZ-790100 THAMES WATER UTILITIES LIMITED THAMES TIDEWAY TUNNEL DEVELOPMENT CONSENT ORDER APPLICATION STATEMENT OF REASONS Updated for submission on 13 January 2014 further to question 23.4 of the Examining Authority issued on 19 December 2013 Berwin Leighton Paisner LLP Adelaide House London Bridge London EC4R 9HA Tel: +44 (0)20 3400 1000 Fax: +44 (0)20 3400 1111 Contents Clause Name Page 1 Introduction ................................................................................................... 1 2 The Purpose of the Application........................................................................ 3 3 The Requirement For and Content of a Statement of Reasons ........................ 10 4 Powers of Compulsory Purchase Under the Planning Act 2008 ........................ 10 5 Powers Pursuant to the Draft Order For the Project ........................................ 11 6 Justification For the Acqusition of Land and Rights ......................................... 13 7 Location and Description of the Order Land ................................................... 16 8 Matters For the Decision Maker ..................................................................... 27 9 The Justification For the Use of the Powers of Compulsory Acquisition ............ 28 10 Approach to Land Acqusition ......................................................................... 62 11 Alternatives to Compulsory Acquisition .......................................................... 69 12 National Policy and Government Position ....................................................... 72 13 Special Considerations and Impediments ....................................................... 76 14 Funding the Project ...................................................................................... 80 15 The Human Rights Act 1998 ......................................................................... 81 16 Related Applications and Orders Etc. ............................................................. 82 17 Open Space and the Growth and Infrastructure Bill ........................................ 84 18 Information For People Affected by the Order ................................................ 85 19 Conclusion ................................................................................................... 91 THAMES WATER UTILITIES LIMITED THAMES TIDEWAY TUNNEL DEVELOPMENT CONSENT ORDER APPLICATION STATEMENT OF REASONS 1 INTRODUCTION 1A Update: This statement has been updated in response to question 23.4 of the Examining Authority which requires an updated version of this Statement of Reasons on or before 13 January 2014. This is the second update, the first (Doc ref: APP26.02.04) having been submitted on 4 November 2013 to reflect accepted changes to the application. This document is a comprehensive update of the original Statement of Reasons as submitted with the application. 1.1 This Statement of Reasons (“the Statement") relates to an application by Thames Water Utilities Limited (“Thames Water”) to the Secretary of State (through the Planning Inspectorate) under the Planning Act 2008 (as amended) (“the Act”) for powers to construct, operate and maintain the Thames Tideway Tunnel (“the project”) pursuant to a Development Consent Order (“the Application”). 1.2 This Statement has been prepared in accordance with the requirements of section 37(3)(d) of the Act and regulation 5(2)(h) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 and the Communities and Local Government (‘CLG’) guidance1 issued in September 2013, Planning Act 2008: Guidance related to procedures for compulsory acquisition of land (the Guidance). It forms part of the documents accompanying the Application submitted in accordance with section 55 of the Act and regulation 5 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009. The Application seeks development consent for the project including the making of the proposed Thames Water Utilities Limited (Thames Tideway Tunnel) Order (“the Order”), which would confer the powers sought. 1.3 The Statement is part of a suite of Application documents, which are listed in the “Guide to the Application” (Doc ref: 1.4)2. These documents inform this Statement and should be read alongside it. This Statement has been submitted because the proposed Order includes powers to: (a) compulsorily acquire land; (b) create new rights over land; and (c) extinguish or override existing rights over land, for the purposes of the project. 1 Paragraphs 31 to 33 2 An updated list of application documents is provided at APP81. 1 33712258.8 1.4 The Application is being made to secure the requisite powers to construct, operate and maintain the project; a nationally significant infrastructure project for which there is a pressing national need. Those powers are set out in the draft Order which accompanies the Application for development consent. The project itself has been the subject of an extensive consultation exercise and is in accordance with the National Policy Statement for Wastewater3 (“NPS”). 1.5 As well as operational land already within its ownership, Thames Water has acquired interests in land at Dormay Street, Chambers Wharf, Kirtling Street, Heathwall Pumping Station, Albert Embankment Foreshore and Carnwath Road Riverside. It also has contracts in place to acquire rights in land at the Cremorne Wharf Depot and Hammersmith Pumping Station sites identified in the Order. Thames Water has also signed Heads of Terms with the Crown Estate for the acquisition of interests in land at Chelsea Embankment Foreshore, Kirtling Street and Victoria Embankment Foreshore. Agreement with the Crown will also provide for freehold acquisition of sub soil for the sections of deep tunnel passing through land owned by the Crown Estate. 1.6 As noted above, in some cases Thames Water has secured contractual rights to acquire the land needed for construction and operation of the project. However, those contractual obligations may fail. Even where Thames Water has completed acquisition of necessary land there are significant advantages in including this land within the compulsory acquisition powers for ease of transfer and to cleanse title. In any event, it would not be possible within a reasonable timescale to secure by agreement all interests in the land required for the project and remove all adverse rights over the land required. The compulsory acquisition powers in the Order are therefore needed to secure the remainder of the interests which are required for the project (“the Order land”) and to ensure that any third party rights affecting it are extinguished or overridden pursuant to the Order, ensuring that the project can be constructed, maintained and operated. 1.7 Thames Water considers that there is a compelling case in the public interest for the making of the Order and the inclusion of powers of compulsory acquisition so as to secure the outstanding land and property interests required to enable the project to be carried out. The purpose of this Statement is to explain why that is so. 1.8 In accordance with the requirements of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 and the Guidance, Thames Water has provided the following documents relating to the compulsory acquisition powers sought as part of the Application: (a) this Statement of Reasons; (b) a statement to explain how the proposals contained in the Order for compulsory acquisition will be funded (the Funding Statement - Doc ref: 9.10.06); (c) plans showing the land which would be acquired, including special land and any proposed replacement land (the Land plans – within the Book of Plans at Doc ref: 2.03)4; and 3 DEFRA, March 2012. 4 Some drawings have subsequently been revised – document APP46.2 shows which revision is the latest version of each drawing and the document reference number where it is located. 2 33712258.8 (d) a book of reference (the Book of Reference – Doc ref: 4.3)5. 1.9 The Order land is more fully described in section 7 of this Statement. 2 THE PURPOSE OF THE APPLICATION 2.1 Background 2.1.1 London’s sewer system was designed by Sir Joseph Bazalgette in the 1850s to handle wastewater and rainwater runoff by means of a combined collection system. In order to prevent the sewers from flooding when overloaded, particularly during periods of heavy rainfall, combined sewer overflows (“CSOs”) were incorporated to discharge excess flows from the sewers into the tidal Thames (the tidal reaches of the River Thames). 2.1.2 The capacity of the original and subsequently extended combined sewer system has now been substantially exceeded. Discharges of combined sewage (untreated sewage mixed with rainwater) into the tidal Thames currently occur more than 50 times in a typical year, at an estimated volume of 39 million cubic metres. 2.2 Project Description 2.2.1 The project comprises two principal elements: (a) tunnels: (i) the main tunnel; and (ii) connection tunnels; and (b) sites: (i) main tunnel sites; (ii) CSO sites; (iii) system modification sites; and (iv) Beckton Sewage Treatment Works. 2.2.2 CSO flows would be controlled
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