Eversheds Sutherland (International) LLP (Eversheds Sutherland (International) LLP) on behalf of Severn Trent Water Limited
"This registration is submitted on behalf of Severn Trent Water Limited (“STW”), a statutory water and sewerage undertaker appointed under the Water Act 1989, with statutory duties to carry out water supply and sewerage functions throughout its appointed area, including North Shropshire where the works are proposed to be carried out under the development consent order, if confirmed.
STW owns and operates assets which are located in close proximity to the proposed works; in a number of locations, the proposed works will cross STW’s assets. These assets consist principally of two categories, namely (1) public water mains and (2) public sewers, all of which are kept and maintained pursuant to statutory powers.
It is essential that these assets remain in continuous operation in order to ensure the provision of water supplies to, and the effectual removal of sewage from, household and non-household customers.
STW has reviewed the terms of the protective provisions within Schedule 6 Part 2 of the draft DCO, namely provisions for the protection of electricity, gas, water and sewerage undertakers.
The protective provisions which are relevant to and reasonably required by a water undertaker are not necessarily the same as those required by a sewerage undertaker, and certainly not the same as the requisite provisions for an electricity or gas undertaker. Whilst Schedule 6 Part 2 includes certain provisions with which STW is content, taken as a whole it does not provide STW with the necessary degree of protection to ensure that STW will remain able to deliver its essential public services at all times during the implementation of the reinforcement works to North Shropshire electricity distribution network.
Any works required to be carried out on STW’s water supply assets must be planned and performed to avoid risk of supply interruption, supply contamination, or damage to the integrity of the water network.
Any works required to be carried out on STW’s sewerage assets must be planned and performed to avoid risk of service interruption, harm to human health, damage to the integrity of the sewerage network, or environmental damage.
Further, it is essential to STW that in the event of any alteration to or relocation of its assets, such work is carried out pursuant to STW’s statutory powers, so as to ensure that both existing and new water supply and sewerage assets unquestionably form part of STW’s statutory undertaking.
STW therefore intends to seek to conclude an agreement with SP Manweb PLC, incorporating appropriate provisions to enable STW to ensure that delivery of its statutory functions and essential public services are not put at risk. Such agreement is likely to stipulate the interaction between the parties to a greater extent than is the case under Schedule 6 Part 2. Discussions between the two parties have commenced, albeit they are at an early stage.
Pending conclusion of such an agreement, STW wishes to register its interest, in order to afford the opportunity to submit further representations to the inquiry, if necessary, and to safeguard the ongoing delivery of these essential public services.