Dear Mr Johnson, I am instructed by Forewind Limited in connection

From: Collings, Stephen [mailto:[email protected]]
Sent: 04 December 2014 10:56
To: [email protected]
Cc: Andrew Guyton; Andrew Barker ([email protected]); Ashworth, Stephen;
Blanchard, Melanie ([email protected]) ([email protected])
([email protected]); Melissa Read; Mark Thomas; Sarah Chandler; Dogger Bank
Teesside A&B
Subject: The proposed Dogger Bank - NWL draft protection provisions
Dear Mr Johnson,
I am instructed by Forewind Limited in connection with the above application for a development
consent order to authorise the Dogger Bank Teesside Projects A and B.
I have been passed a copy of your e-mail and enclosure to Andrew Barker of Dec 3 ( attached) and
have been asked to reply. To assist responding I attach a copy of Part 1 of Schedule 8 of Version 5
of the draft DCO published on the PINS website on November 21 2014.
I note the terms of the paper seeking proposed revisions to Schedule 8 to the Order and respond as
follows1. Part 1 of Schedule 8 to the draft order sets out comprehensive protective provisions for the
protection of apparatus belonging to a water undertaker providing both clean and foul water
services where that apparatus is not otherwise regulated by the New Roads and Street Works Act
1991 ( paragraph 3). The section of the note entitled “ General” identifies that close co-operation
between the parties will be required in the lead up to the execution of any works that will be
regulated by the terms of Part 1 of Schedule 8. This is acknowledged by the Applicant and the
potential lead in times are noted. However, the Applicant does not consider that any amendment to
Part 1 of Schedule 8 is required. The provisions require that to the extent that any works require the
relocation of apparatus , plans of any work must be approved by the water undertaker concerned.
Where works are to be relocated, paragraph 5 (1) does not impose a time limit by which the water
undertaker must respond. The matter proceeds by way of agreement or alternatively, reference to
arbitration in the event of a failure to agree. Where water apparatus is to remain in situ , paragraph
7(1) of the provisions requires the provision of a notice and plans etc to the affected water
undertaker and the works may not be commenced other than in accordance with the water
undertakers reasonable requirements.
2. The amendment at (4) is not required. Paragraph 8 deals with cost recovery. It does not appear to
preclude agreement as to recovery of costs in advance in respect of those matters covered by the
protective provision. However, those costs must be reasonable and it would be expected that
arrangements for cost recovery, in the event that the Order is confirmed, would need to be put in
place.
3. The amendment at (5) is not necessary as the works that might be undertaken by an undertaker in
place of the water undertaker are works that have already been approved under paragraph 5(2) and
so no further design proposals should be necessary as the necessary approvals would have already
been obtained. Paragraph 5(6) is confined to determining the identity of the person who will be
carrying out that specified work.
4. Typographic point re paragraph 6(3) – this may have been a typographic error in the application
draft but it has been corrected and Version 5 of the draft Order does not include the word “arid”.
5. Paragraph 9(1) and (3) – These paragraphs do make sense. The application draft did omit some
wording from the last line of paragraph 9(1) but the attached copy of Part of Schedule 8 seems clear
enough in that the obligations under sub paragraphs (a) and (b) rest with the undertaker, not
NWL. The “claims and demands” referred to in paragraph 9(3) refer to claims and demands arising
from claims and demands made under paragraph 9(1)(b) .
Regards
Stephen Collings
Stephen Collings
Partner - Planning/Parliamentary
London
Tel 0845 497 4787
Mob +44 7810 693735
www.eversheds.com
Please consider the environment before printing this e-mail
From: Dogger Bank Teesside A&B <To: Andrew Guyton
Cc: Pogue, Patrick ([email protected])
Subject: FW: Forewind - NWL draft protection provisions
Hi Andrew,
This will be published to the website shortly. I am copying it to you for your
information.
Regards
John Pingstone
Case Officer
Major Applications & Plans
The Planning Inspectorate,Temple Quay House,Temple Quay,Bristol,BS1
6PN
Direct Line: 0303 444 5038
Email: [email protected]
Web: infrastructure.planningportal.gov.uk
(Planning Inspectorate's National Infrastructure Planning portal)
Web:www.planningportal.gov.uk/planninginspectorate (Planning Inspectorate
casework and appeals)
Twitter: @PINSgov
This communication does not constitute legal advice.
Please view our Information Charter before sending information to the Planning
Inspectorate.
From: Richard Johnston [
Sent: 03 December 2014 12:19
To: 'Andrew Barker'; Dogger Bank Teesside A&B
Cc: Paul Illingworth
Subject: Forewind - NWL draft protection provisions
Andrew,
As discussed yesterday I have attached a draft copy of NWL proposed amendments to the above
document in particular proposed amendments, clarifications and queries
Regards
Richard Johnston
Project Manager
Northumbrian Water Limited
+44 (0)191 3016506
|  +44 (0)7860 255 401 |  78548
 nwl.co.uk |  +44 (0)191 374 0820
Investment Delivery, Boldon House, Wheatlands Way, Pity Me, Durham, DH1 5FA
www.themainevent-nwl.co.uk
From: Andrew Barker [mailto:[email protected]]
Sent: 26 November 2014 12:21
To: Paul Illingworth; Richard Johnston
Subject: RE: Forewind - NWL
Paul / Richard
Roger Thorpe has now confirmed that he is appointed to act on your behalf in respect of NWL’s land
holdings that are affected by the Forewind Project; namely the access to the treatment works and
the land at the foreshore. I would hope that we can now progress the voluntary
agreements. However, as you know, the DCO Examination stage is progressing and the next
compulsory acquisition hearings are proposed for next week – Roger Thorpe has confirmed to me
that he will be in attendance.
I am also still conscious that, as a Statutory Undertaker, NWL own and operate assets which are
affected by the project at other locations and Protective Provisions are containing within the DCO to
accommodate those. However when we met on 7th August, you were to review those protective
provisions and let me have any feedback. It may be that you have no concerns, but it would be
helpful if you could confirm if that is the case.
Regards
Andrew
Andrew Barker
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From: Andrew Barker
Sent: 29 October 2014 07:34
To: 'Paul Illingworth'; '[email protected]'
Subject: RE: Forewind -Statement of Common Ground
Paul
Can you confirm that Roger is instructed please? I am meeting him today about another of his
clients.
Regards
Andrew
From: Andrew Barker
Sent: 10 October 2014 12:14
To: 'Paul Illingworth'; '[email protected]'
Subject: RE: Forewind -Statement of Common Ground
Paul
Further to our call last week, I have spoken to Roger Thorpe about another of his clients who are
affected by this project. However he did not mention NWL. Can you let me know when he is likely to
be instructed please?
Regards
Andrew
From: Andrew Barker
Sent: 06 October 2014 16:41
To: 'Paul Illingworth'; '[email protected]'
Subject: RE: Forewind -Statement of Common Ground
Paul
As per our conversation last Friday, I understand you will be instructing Carter Jonas to represent
NWL on the property documents. Can you please confirm once Carter Jonas are instructed and I will
then contact Roger Thorpe direct?
In the meantime, having reviewed the minutes from our meeting on 7th August, I note the only
outstanding action relates to the protective provisions which NWL were due to review. I presume
that is with Richard to review, but it would be good if one of you could let me have any comments.
Regards
Andrew
From: Andrew Barker
Sent: 19 August 2014 15:16
To: 'Paul Illingworth'
Subject: RE: Forewind -Statement of Common Ground
Paul
Thanks for your quick response.
Attached is an electronic copy of the Protective Provisions as requested.
In terms of costs, if you can put a proposal to me, I can refer to Forewind.
I will check the plots against any asset records we have received from you. I will then update the
SoCG and would prefer to have it resigned so these anomalies can be addressed.
Regards
Andrew
From: Paul Illingworth [mailto:[email protected]]
Sent: 19 August 2014 14:20
To: Andrew Barker
Subject: FW: Forewind -Statement of Common Ground
Andrew
Yes there is a mismatch
Comparing the drawings on the link below (from the NIPP) with those assets listed in Para 1.2 of the
S of CG the area marked 1 is not a STW access road but land on the foreshore!
We could not identify plots 30C,30D, 31, 33A,33B on the drawing at all and it also omits some of the
assets listed on NWs overview of assets/crossings provided by us earlier (Numbers 4, 5, 6, 7 and 8)
At our recent meeting you handed over Forewind`s standard protective provisions for 3rd part assets
doc. Can you send an electronic copy to Richard Johnston
We have not proposed costs yet but there will be some ie engineers/consultants costs, potential
agents fees/legal costs etc. What is the procedure for approving and recovering these?
Regards
Paul
From: Richard Johnston
Sent: 19 August 2014 12:35
To: Paul Illingworth
Subject:
http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/EN010051/2.%20PostSubmission/Application%20Documents/Plans/2.3.2%20Onshore%20Land%20Plan%20(with%20key%
20plan).pdf
Richard Johnston
Project Manager
Northumbrian Water Limited
+44 (0)191 3016506
|  +44 (0)7860 255 401 |  78548
 nwl.co.uk |  +44 (0)191 374 0820
Investment Delivery, Boldon House, Wheatlands Way, Pity Me, Durham, DH1 5FA
www.themainevent-nwl.co.uk
Dogger Bank Off Shore Wind Farm
Protection Provisions For Sewerage and Water undertakers case Northumbrian Water Ltd (NWL)
PROPOSED REVISIONS TO SCHEDULE 8
General
Associated with the construction of cabling works from on shore to the Lackenby termination point,
NWL have identified fifteen assets at risk of damage or interference in relation to the proposed
construction/cabling works.
NWL will need to fully understand the undertaker’s construction methods for the multiple cable
laying installations and the impact the cable laying will have upon NWL water and waster assets.
NWL will work with the undertaker and his contractor at the earliest opportunity to understand the
risk associated with each crossing to try and ensure a smooth construction phase. Typical time
allowance will be 6 months for complex crossings and 3 months for minor crossings. Continuity of
works would be beneficial to the programme and allow NWL adequate time to coordinate with
specific stakeholders on both water and waste water networks.
Dependant on the complexity of each crossing and or protection measures, early coordination prior
to the construction phase is essential to allow NWL adequate time to either approve designs and or
allow time between definition, detailed design stages with a time allowance for NWL to procure the
works at each crossing.
(4). The undertaker shall in advance of any works which affect the Northumbrian Water Ltd (NWL)
apparatus and or assets pay in advance reasonable expence associated with design, project
management, supervision, implementation of permanent or diversionary works, pre or post asset
survey works, whilst the undertaker works in the vicinity of NWL assets, diversion or alteration be it
temporary or permanent.
5 (6). Include, the undertaker shall supply “detailed designs proposals shall be submitted to the
utility representative in advance of any proposal to execute any works by the undertaker for
approval by the utility undertaker’s representative.
Where temporary or permanent works are planned over or near NWL assets the undertaker shall
supply the utility undertaker in advance of the proposed works permanent or temporary protection
measures for approval this is likely to include agreement in advance of designated working areas
and crossing points in relation to NWL assets.
•
•
(there seems to be a typo in item 6. (3) “are in the opinion of the arbitrator less favourable
on the whole to the utility undertaker in question than the facilities and rights enjoyed by it
in respect of the apparatus to be removed and the terms “arid” conditions to which those
facilities and rights are subject”
clause 9(1) and 9(3) do not make sense. Who do clauses 9 (a) and (b) apply to? What “such
claim or demand” is 9 (3) referring to?
Insert into 8 (1). Pre and post surveys where required shall be carried out buy NWL representatives
the undertaker.