Been bit quiet as its now all down to the Planning inspectorate, long process.
Here is the latest from them:
www.planningportal.gov.uk/infrastructure1
Your Ref:
Our Ref: WW010001
Date: 19 December 2013
Dear Sir/Madam
The Infrastructure Planning (Examination Procedure) Rules 2010 (as
amended)
Application by Thames Water Utilities Limited for an Order Granting
Development Consent for the Thames Tideway Tunnel
Examining authority’s second written questions and requests for further
information, statements of common ground1 and notification of further
hearings and accompanied site inspection2
Further to the procedural decision and timetable enclosed with our letter of
26 September 20133 I am writing to inform you about the Examining authority’s
(ExA’s) second written questions and second requested statements of common
ground, together with the notification of the times, dates and locations for further
hearings and the accompanied site inspection.
1. Second written questions
The ExA thanks those who provided responses to its first written questions. In the
light of those responses, the other written submissions and the matters raised at
hearings, the ExA has decided to ask a number of second written questions. These
questions can be seen on the Planning Inspectorate, National Infrastructure, Thames
Tideway Tunnel project page of the Planning Portal website and will also be available
for inspection at the locations listed in Annex A as soon as practicable. Responses to
the questions and requests for information must be received on or before Monday 13
January 2014.
1Rule 13 of the Infrastructure Planning (Examination Procedure) Rules 2013 (the EP Rules)
2 Rule 16 of the EP Rules
3Our letter of 26 September 2013 can be seen on the Planning Inspectorate, National
Infrastructure, Thames Tideway Tunnel project page of the Planning portal website.
3/18 Eagle Wing
Temple Quay House
2 The Square
Bristol, BS1 6PN
Customer Services:
e-mail:
0303 444 5000
thamestunnel@infrastructure.gsi.gov.ukDavid Harvey
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www.planningportal.gov.uk/infrastructure2
The questions are directed, in the first instance, to the Applicant and/or another
named Party. However, the ExA invites Interested Parties to respond where they
have relevant information to contribute. Where it is helpful to refer to documents
already submitted please provide any document reference number together with the
page and/or paragraph number. However, it should be assumed that the question is
being asked because the ExA is seeking additional information or clarification on the
matter raised. Please provide as full a response as possible with supporting evidence.
Please do not phrase responses in the form of questions to the ExA. The ExA is
seeking to ensure that there is sufficient evidence to support a soundly reasoned
recommendation. The questions are set out under subject headings relating to the
Principal Issues, in the same format as the first written questions. It would be helpful
if responses could follow this format and include the reference number of the question
being answered.
2. Statements of common ground
Requests for initial statements of common ground were included in our letter of
25 July 20134 and further requests were included with the ExA’s first written
questions5. The ExA urges all Parties to reach agreement on those matters that can
be agreed and to indicate the scope of matters that cannot be agreed. The ExA now
has some additional requests which are included with the second written questions
referred to above. Even if statements of common ground cannot be fully agreed by
the deadline of Monday 13 January 2014 please could Parties ensure that
documents are submitted by that date identifying where matters are agreed or still
subject to discussion.
3. Notification of the dates, times and locations of hearings
The ExA has decided to hold the following additional hearings:
Issue Specific hearings relating to the rationale for the selection of work sites and
drive strategies; traffic and transport and noise and vibration;
4 Open Floor hearings;
A Compulsory Acquisition hearing.
The times and dates of these hearings will be as set out in Annex B to this letter.
Interested Parties who have notified us in advance of their wish to speak at these
hearings are asked to register with the Planning Inspectorate at the venue. The Issue
Specific and Compulsory Acquisition hearings will start at 10.30am with speaker
registration from 9.30am. The Open Floor hearings will start at 7.00pm with speaker
registration from 6.30pm.
The ExA has received a request from the London Borough of Hammersmith and
Fulham to cross-examine the Applicant’s representatives regarding the rationale for
the selection of work sites and drive strategies. The ExA agrees to this request
because it considers that cross-examination on this matter will ensure that the London
Borough of Hammersmith and Fulham has a fair chance to put its case6. Details of
the arrangements for cross-examination will be set out in the agenda for this hearing.
Agendas will be published on the Thames Tideway Tunnel project page of the Planning
Portal website at least 5 days in advance of the particular hearing. It would help in
4 See Annex E to the Rule 6 letter of 25 July 2013
5 Published 26 September 2013
6 Section 94(7) Planning Act 2008 (as amended) (PA 2008)
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www.planningportal.gov.uk/infrastructure3
the running of these hearings if Interested Parties could confirm their intention to
attend and speak at individual hearings at least 7 days in advance.
4. Notification of accompanied site inspection
The ExA is grateful to all those who have made suggestions in relation to the
accompanied site inspection. All of these suggestions have been considered although
in some cases the ExA has decided that an accompanied inspection is not necessary,
for example because the suggested location has been or will be the subject of an
unaccompanied site visit or because the Panel will visit another location with a very
similar relationship to the proposed project. The timetable for the accompanied site
inspection will be as set out in Annex C to this letter. The timetable gives broad
locations and in some cases it will be necessary for the Parties to identify specific
properties where access may be gained with the agreement of the owner/occupier.
As notified in Annex C the site inspection will begin at 10.00am at the Carnwath Road
Riverside site. Those attending are asked to meet at the junction of Carnwath Road
and Peterborough Road.
A detailed itinerary will be sent to those who have notified us of their intention to
attend all or part of the site inspection at least 5 days before the site inspection
begins. The ExA therefore asks that any party suggesting access to private properties
makes contact with the Planning Inspectorate using the contact details at the head of
this letter by Monday 13 January 2014 at the latest.
It would help the organisation of the site visit if those wishing to attend some or all of
the site inspection could inform the Planning Inspectorate using the same contact
details also by Monday 13 January 2014. It may not be possible to accommodate
all requests if large numbers are received. All Parties are reminded that any access
onto private land will be subject to the permission of the owner/occupier. The ExA
wishes to avoid the need for large numbers of people to enter private properties.
However, it will be necessary for a representative of the property owner/occupier to
be present together with a minimum of 2 members of the ExA, one member of the
Planning Inspectorate’s case team and at least one other party. The accompanied site
inspection is not a meeting or a hearing. No oral or written evidence may be
given at the site inspection.
5. Submission of next iteration of the draft Development Consent Order
At the hearing of 26 November 2013 the Applicant stated that it was in the course of
considering a number of revisions to the draft DCO in response to matters raised
during the examination. Rather than submitting a revised draft DCO for the deadline
of 2 December 2013, the Applicant felt it would make better use of time if the
revisions could be discussed with other Parties in advance of submission to the ExA.
The Applicant undertook to provide an updated draft DCO together with a revised
Code of Construction Practice, taking account of those discussions, by the deadline of
13 January 2014. Mindful of the short time the ExA would have before the Issue
Specific hearing on the draft DCO, (scheduled for 20 January 2014), the Applicant
undertook to provide the documents to the Planning Inspectorate in hard copy by
10.00am on 13 January 2014.
6. Comments on matters arising from hearings
All Parties are reminded that if they wish to make written comments on matters raised
orally at hearings this should be done by the next submission deadline as set out in
the timetable referred to above.
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www.planningportal.gov.uk/infrastructure4
7. Statutory undertakers' land
Sections 127 and 138 of the Planning Act 2008 (as amended) (PA 2008) apply in
relation to statutory undertakers' land which is the subject of compulsory acquisition
within a DCO application. In summary, the need for such a certificate arises where an
applicant for development consent is seeking the acquisition of statutory undertakers'
land, this land is used for the purposes of carrying on their undertaking, and a
representation about the application has been made and not withdrawn. Section 138
relates to consent for powers over land to be acquired for the extinguishment of rights
and/or removal of apparatus.
The Panel has been appointed to examine on behalf of, and make a recommendation
to, the Secretaries of State in relation to any applications for certificates under s127
and consents under s138 of the PA 2008. The decision as to whether or not to grant a
certificate or consent is one made by the Secretary of State responsible for the
statutory undertaker.
Yours faithfully
Jan Bessell
Jan Bessell
Lead Member of the Examining authority – on behalf of the Panel
Annexes:
Annex A – Availability of documents
Annex B – Times and locations for hearings
Annex C – Times and locations for accompanied site visits
Advice may be given about applying for an order granting development consent or making representations about an
application (or a proposed application). This communication does not however constitute legal advice upon which you can
rely and you should obtain your own legal advice and professional advice as required.
A record of the advice which is provided will be recorded on the Planning Inspectorate website together with the name of the
person or organisation who asked for the advice. The privacy of any other personal information will be protected in
accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.
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www.planningportal.gov.uk/infrastructure5
Annex A – Availability of documents
On the National Infrastructure pages of the Planning Portal website:
http://infrastructure.planningportal.gov.uk/projects/London/Thames-Tideway-Tunnel/A copy of any representations made and examination documents will also be made
available for inspection at the following places and times:
Institution of Civil Engineers
One Great George St
London
SW1P 3AA
Monday - Friday only (closed on public/bank holidays)
9am - 5pm
No copying facilities
Glaziers Hall
9 Montague Close
London Bridge
London
SE1 9DD
Monday - Friday only (closed on public/bank holidays)
9am - 5pm
No copying facilities
Linden House
Upper Mall
London
W6 9TA
Monday - Friday only (closed on public/bank holidays)
9am - 5pm
No copying facilities
A DVD of the application documentation is available free of charge upon written
request to the Applicant. To request a DVD or hard copy of the application
documentation (or any part of it) or to request copies of individual documents or
extracts from them in other specific formats or forms, please contact the Applicant
using the details below:
By post to: Freepost RTCL-HJLR-ZUST, Thames Tideway Tunnel, London, W2 1AF
By e-mail to:
info@tidewaytunnels.co.ukHard copies of any other examination documents, including representations, are also
available upon written request to the Applicant. Charges will apply to the provision of
hard copies of documents as follows:
The first 50 printed sheets will be provided free of charge. Additional printed sheets
required to meet a request received by the Applicant will be charged at the following
rates:
A4 (black and white) - 10 pence per sheet
A4 (colour) - 20 pence per sheet
A3 (black and white) - 20 pence per sheet
A3 (colour) - 40 pence per sheet
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www.planningportal.gov.uk/infrastructure6
Annex B – Times and locations for hearings
Date Hearing Speaker’s
Registration
Time
Hearing
Start
Time
Venue
Wednesday 22
January 2014
Issue Specific
Hearing on
Site Selection
and Drive
Strategy
09.30 to 10:30 10.30 Glaziers Hall, 9 Montague
Close, London, SE1 9DD
Thursday 23
January 2014
Issue Specific
Hearing on
Site Selection
and Drive
Strategy
09.30 to 10.30 10.30 Glaziers Hall, 9 Montague
Close, London, SE1 9DD
Friday 24 January
2014
Issue Specific
Hearing on
Traffic and
Transport
09.30 to 10.30 10.30 Glaziers Hall, 9 Montague
Close, London, SE1 9DD
Monday 27
January 2014
Compulsory
Acquisition
Hearing
09.30 to 10.30 10.30 Glaziers Hall, 9 Montague
Close, London, SE1 9DD
Tuesday 28
January 2014
Compulsory
Acquisition
Hearing
09.30 to 10.30 10.30 Glaziers Hall, 9 Montague
Close, London, SE1 9DD
Wednesday 29
January 2014
Open Floor
Hearing
from 18.30 19.00 St Paul's Shadwell
302 The Highway
London
E1W 3DH
Thursday 30
January 2014
Open Floor
Hearing
from 18.30 19.00 Hurlingham and Chelsea
School, Peterborough Road
Fulham, London, SW6 3ED
Monday 3
February 2014
Open Floor
Hearing
from 18.30 19.00 Glaziers Hall, 9 Montague
Close, London, SE1 9DD
Tuesday 4
February 2014
Issue Specific
Hearing on
Noise and
Vibration
09.30 to 10.30 10.30 Glaziers Hall, 9 Montague
Close, London, SE1 9DD
Wednesday 5
February 2014
Open Floor
Hearing
from 18.30 19.00 The AHOY Centre, Borthwick
Street, Deptford, London,
SE8 3JY
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www.planningportal.gov.uk/infrastructure7
Annex C
Accompanied site inspection
Any access onto private land will be subject to the permission of the owner/occupier.
It will be necessary for a representative of the property owner/occupier to be present
together with a minimum of 2 members of the ExA, one member of the Planning
Inspectorate’s case team and at least one other Party. No oral or written evidence
may be given at the site inspection.
Time/date Location
10.00 on Wednesday
29 January 2014
Carnwath Road Riverside and surroundings
14.00 on Wednesday
29 January 2014
Kirtling Street and Heathwall Pumping Station and
surroundings including Nine Elms Pier
10.00 on Thursday
30 January 2014
Chambers Wharf and surroundings
14.00 on Thursday
30 January 2014
Deptford Church Street and surroundings
10.00 on Friday
31 January 2014
King Edward Memorial Park and surroundings
14.00 on Friday
31 January 2014
Tower Bridge, Blackfriars Bridge Foreshore and
Victoria Embankment Foreshore
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PROPOSED THAMES WATER UTILITIES LIMITED (THAMES TIDEWAY TUNNEL) DEVELOPMENT CONSENT ORDER
APPLICATION REFERENCE WW010001
Notice of application for a closed hearing under section 95A of
the Planning Act 2008
Notice is hereby given that the Secretaries of State for Communities and Local
Government and Environment, Food and Rural Affairs have received a request
for a direction under section 95A of the Planning Act 2008 (hearings: defence and
national security).
Section 95A provides that the Secretaries of State may direct that
representations of a specified description may be made only to specified persons
(instead of being made in public) if satisfied that the making of particular oral
representations at a hearing would be likely to result in the disclosure of
information as to defence or national security, and that the public disclosure of
that information would be contrary to the national interest.
The application for a direction concerns selected evidence relating to construction
access to the Albert Embankment Foreshore site as referred to in the Draft
Thames Water Utilities Ltd Development Consent Order, Work No. 15 (Doc Ref:
3.1) (printed pages 48-50 refer).
Representations are sought as to:
whether a direction should be made; and
whether you would have wished to attend a hearing and make
representations on this matter.
Should a direction be made, those interested parties who would otherwise have
wished to attend and make representations at the closed hearing will be
categorised as ‘precluded persons’ and may be (either individually or collectively)
allocated an appointed representative to inspect and hear the closed evidence
and make representations on their behalf.
Precluded persons and any persons who make a representation in response to
this notification will be notified of the decision of the Secretaries of State.
Representations can be made by email to:
pcc@communities.gsi.gov.ukor by letter to:
Planning Central Casework, Department for Communities and Local Government,
Zone 1/H1, Eland House, Bressenden Place, London SW1E 5DU
Representations must be received no later than 9 January 2014.
19 December 2013
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