Statement of Common Ground - Planning Inspectorate...A160/A180 Port of Immingham Improvement Statement of Common Ground National Grid Rev.: 1.0 2 Issued: 08/05/14 1.2.6 NGG and NGET

Planning Act 2008

Infrastructure Planning (Applications: Prescribed Forms and Procedure)

Regulations 2009

Regulation Number: n/a

Author: Highways Agency

Document Reference: TR010007/EX/SoCG/008

Revision Date Description

0.1 17 April 2014 First Draft

0.2 2 May 2014 Amendments by FFW on behalf of National Grid

1.0 8 May 2014 First Issue to PINS

Statement of Common Ground between the Highways Agency and

National Grid Electricity Transmission Plc and National Grid Gas Plc

A160/A180 Port of Immingham Improvement


Statement of Common Ground National Grid

Rev.: 1.0

i Issued: 08/05/14

Contents

Introduction ............................................................................................................. 1 11.1 Purpose of this Statement of Common Ground ......................................................... 1 1.2 Parties to this Statement of Common Ground............................................................ 1 1.3 Summary of the Project ............................................................................................. 3 1.4 Structure of this Statement of Common Ground ........................................................ 3

Overview of previous engagement ........................................................................ 4 2

Matters agreed, matters not agreed and matters under discussion .................... 5 3

Summary .................................................................................................................. 7 4

Agreement of Statement of Common Ground ....................................................... 8 5

Appendices

None



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Page not used



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Introduction 1

1.1 Purpose of this Statement of Common Ground

1.1.1 This Statement of Common Ground (“SoCG”) relates to an application made by the Highways Agency (“the HA”) to the Planning Inspectorate under Section 37 of the Planning Act 2008 (“the Application”).

1.1.2 The Application is for an order granting development consent (the “DCO”). The draft DCO is referred to as The A160/A180 (Port of Immingham Improvement) Development Consent Order 201[ ]. The DCO would grant powers to upgrade the existing single carriageway section of the A160 to dual carriageway, with associated junction improvements along the length of the route. The proposed development is referred to in this SoCG as “the Project”.

1.1.3 The Application was submitted to the Planning Inspectorate on the 8 January 2014, and the Planning Inspectorate accepted the progression of the Application to examination on the 27 January 2014.

1.1.4 Guidance about the purpose and possible content of SoCGs is given in paragraphs 57-62 of the Department for Communities and Local Government’s “Planning Act 2008: examination of applications for development consent” (April 2013).

1.1.5 Paragraph 57 confirms the basic function of SoCGs:

“A statement of common ground is a written statement prepared jointly by the applicant and another party or parties, setting out any matters on which they agree. As well as identifying matters which are not in real dispute, it may also be useful for a statement to identify areas where agreement has not been reached. The statement should include references to show where those matters are dealt with in the written representations or other documentary evidence.”

1.1.6 SoCGs are a useful and established means of ensuring that the evidence provided at examination focuses on the material differences between the parties, and aim to facilitate a more efficient examination process.

1.2 Parties to this Statement of Common Ground

1.2.1 This SoCG has been prepared by the HA as the Applicant, and National Grid Electricity Transmission plc ("NGET") and National Grid Gas plc ("NGG") (together "National Grid").

1.2.2 The HA is an Executive Agency of the Department for Transport, and is responsible for operating, maintaining and improving the strategic road network in England on behalf of the Secretary of State for Transport. The A160 and A180 in North Lincolnshire and North East Lincolnshire are part of the trunk road network for which the HA is responsible.

1.2.3 NGG is a licensed gas transporter under the Gas Act 1986, with a statutory responsibility to transport gas throughout the country. It is also the licensed gas distributor for a significant part of England.

1.2.4 NGET is the owner and operator of the electricity transmission system in England and Wales.

1.2.5 National Grid’s primary duties are to operate, maintain and develop its networks in an economic, efficient and coordinated way and to facilitate competition in the supply and generation of electricity and in the supply of gas



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1.2.6 NGG and NGET are both statutory undertakers for the purposes of the Planning Act 2008 and the provisions in the draft DCO.

1.2.7 The following gas and electricity apparatus will be affected by the Project:

1.2.8 4KG 400kV Overhead Line Route – Keadby to South Humber: high voltage electricity transmission overhead lines which form an essential part of the electricity transmission network in England and Wales.

1.2.9 Feeder Main 9 – Ulceby to Hatton: High pressure gas transmission pipeline which forms an essential part of the gas transmission network in England, Wales and Scotland

1.2.10 Gas Distribution Infrastructure:

High Pressure pipeline from Thornton Curtis to Ciba Geigy

High Pressure pipeline from Middlemere Road to Healing

Intermediate Pressure pipeline from West Middlemere to Queen’s Road

Low Pressure pipelines



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1.3 Summary of the Project

1.3.1 The Project proposes to provide better access to the Port of Immingham (“the Port”) and the surrounding area by improving the A160 between the junction with the A180 at Brocklesby interchange and the Port. Improvements to this 5km strategic link road will help to stimulate growth and unlock economic benefits in the area.

1.3.2 The main aspects of the Project include:

upgrade of the Brocklesby Interchange to an oval two bridge roundabout layout, including a dedicated left turn lane for vehicles travelling from the eastbound A180 to the A160;

upgrade the existing single carriageway section of the A160 between Brocklesby Interchange and Habrough Road Roundabout to dual carriageway standard;

relocate the Habrough Road Roundabout with new link roads provided from the A160 to Ulceby Road, Top Road and Habrough Road;

provision of a new road bridge over the A160 at Town Street to provide vehicular and pedestrian access between the two sides of South Killingholme following the central reserve closure;

closure of the central reserve gap of the A160 at the junction with Town Street and partial closure of the central reserve gap of the A160 at the entrance to the Humber oil refinery, to only allow vehicles travelling westbound to right turn across the central reserve;

the provision of a new gyratory carriageway system between Manby Road Roundabout, Rosper Road Junction and the Port of Immingham, requiring the construction of a new link road and bridge beneath the railway (known as Immingham New Rail Bridge); and

localised diversion of third-party gas pipelines that cross beneath the existing A160.

Further details of the Project can be found within the DCO application documents.

1.4 Structure of this Statement of Common Ground

1.4.1 This SoCG has been structured to reflect matters of interest to National Grid in relation to the Project.

1.4.2 Section 2 of this SoCG provides an overview of consultation with National Grid and Section 3 provides details of the main areas covered by this SoCG.

1.4.3 Throughout this SoCG:

where a sentence begins “It is agreed” this signifies a matter that has been specifically stated as agreed by the HA and National Grid.

where a sentence begins “It is not agreed”, this signifies a matter that has been specifically stated as not agreed by the HA and National Grid.

where a sentence begins “It is under discussion” this signifies a matter that is still under discussion by the HA and National Grid.



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Overview of previous engagement 2

2.1.1 A summary of key meetings and correspondence between the HA and National Grid can be found in the table below:

Table 2.1: Previous Engagement

Date Form of Contact

Summary

March 2013

Meeting With National Grid. Update on scheme programme and discussions on proposals and way forward.

August 2013

Meeting With National Grid. Further update on scheme programme and discussions on proposals and way forward

October 20123

Meeting Joint meeting with National Grid, E.ON. and Vitol Power Immingham (VPI) to take forward co-ordinated approach to diversion/protection of adjacent gas services

November 2013

Meeting Joint meeting to progress co-ordinated diversion/protection proposals

Feb 2014 Meeting Joint meeting to progress co-ordinated diversion/protection proposals and output from VPI/E.ON Risk Assessments.

2.1.2 It is agreed that this is an accurate record of the meetings and correspondence between the HA and National Grid in relation to the matters recorded in Section 3.

2.1.3 It should be noted that most discussions regarding the 5 gas mains to the west of Poplar Farm have been carried out in a joint forum, (with Vitol Power Immingham (VPI) and E.ON) to ensure a co-ordinated and consistent approach.

2.1.4 To facilitate the design work necessary, the HA agreed an Advance Payment to National Grid. This has allowed National Grid to carry out a Conceptual Design Study to inform the decision making process as to diversion/protection options. This identified three options for diversion of the High Pressure pipelines. Further funds have been paid to continue this work and identify the final preferred proposal.

2.1.5 National Grid is generally not opposed to the Project.

2.1.6 The HA intends to enter into protective provisions agreement with both NGG and NGET to cover the interfaces between their respective assets and property and the Project in addition to the protective provisions set out in Schedule 8 of the draft DCO.

2.1.7 Discussions are ongoing in relation to a number of points (see paragraph 3 below), but the parties are hopeful that full agreement on these points will be reached shortly.



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Matters agreed, matters not agreed and matters under discussion 3

3.1.1 This is an approved SoCG, however an updated version may be provided on or prior to Deadline 4 (31 July 2014) as set out in the Project examination timetable. Signatures on behalf of the HA and National Grid can be found at Section 5.

3.2 Matters Agreed

3.2.1 It is agreed that the two high pressure (HP) gas mains to the west of Poplar Farm will need to be diverted. Based on the information provided and assessments carried out to date, it is agreed that the intermediate pressure (IP) gas main adjacent to the two high pressure mains will not need to be diverted.

3.2.2 It is agreed that HA have paid National Grid funds to enable National Grid to place the order for manufacture and delivery of the pipe and valve materials to site in April 2015 so that diversion works to the HP pipelines can commence in accordance with the proposed programme.

3.2.3 It is agreed that any engineering works required for the diversion of the HP pipelines can be carried out within the Limits of Deviation shown on the plans annexed to the Application.

3.3 Matters Not Agreed

3.3.1 None.

3.4 Matters Under discussion

3.4.1 The parties are negotiating the terms of a protective provisions agreement to deal with the following matters:

(a) The working methods within the vicinity of the 400kV overhead pylon line running North to South through the Brocklesby Interchange (including but not limited to prohibiting works within 10m of the outer edge of the pylon's foundations and ensuring compliance with HSE guidance HS(G)6).

(b) The working methods within the vicinity of NGG's IP pipeline (including but not limited to protective measures and situations where the proposed works will result in less than 800mm of clearance from the invert of proposed drainage channels and the crown of the IP pipeline).

(c) The procedure for the stopping up of streets and / or the acquisition of land in which National Grid has apparatus, the removal of apparatus and the construction of alternative apparatus and the provision of facilities and rights in respect of the same.

(d) The need for a ground subsidence monitoring scheme.

(e) The procedure for obtaining National Grid’s consent and approval of plans and method statements for those parts of the works for the Project that will impact upon National Grid’s other assets and property and agreeing measures for the protection of the same.

(f) The need for the HA's contractors to obtain suitable insurance to cover any damage to National Grid's apparatus.

(g) An indemnity from the HA to National Grid in respect of third party claims.

3.4.2 The final diversion routes for the HP pipelines are still to be agreed and work is ongoing by the parties to determine the preferred route.



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3.4.3 It is under discussion as to whether NGG's high pressure gas transmission pipeline (Feeder Main 9 – Ulceby to Hatton) needs to be diverted. Engineering investigations are currently ongoing.

3.4.4 It is still to be agreed that the diversion of NGG's high pressure gas transmission pipeline (Feeder Main 9 – Ulceby to Hatton) is feasible.

3.4.5 It is still to be agreed whether the compulsory rights set out in the draft DCO are sufficient for National Grid to be granted the rights necessary to construct, use and maintain the HP pipelines following the proposed diversions.



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Summary 4

4.1.1 To provide an overview of the matters discussed in this SoCG, the tables below provide a list of each point that is agreed and not agreed.

Table 4.1: Matters agreed

Matter Paragraph reference

Statement

1 3.2.1 The two HP gas mains to the west of Poplar Farm need to be diverted, and the IP main should not need diversion.

2 3.2.2 The HA have paid funds for the early order of materials for diversion of the HP mains.

3 3.2.3 Any works for the diversion of the HP mains can be carried out within the limits of deviation.

Table 4.2: Matters not agreed


Statement

None

Table 4.3: Matters under discussion


Statement

1 3.4.1 (a) to (g)

Matters relating to the Protective Provisions for National Grid.

2 3.4.2 The final route and details of the diversion of the HP mains

3 3.4.3 to 3.4.4

Whether there is a need to divert the high pressure transmission pipeline (Feeder main 9 – Ulceby to Hatton).

4 3.4.5 Whether the compulsory rights set out in the draft DCO are sufficient for National Grid to be granted the rights necessary to construct, use and maintain the HP pipelines following the proposed diversions.

Documents

Statement of Common Ground - Planning Inspectorate...A160/A180 Port of Immingham Improvement Statement of Common Ground National Grid Rev.: 1.0 2 Issued: 08/05/14 1.2.6 NGG and NGET