Willington C Gas Pipeline Statement of Reasons – … · Willington C Gas Pipeline . Statement of Reasons ... pasture Willington Pipe Section ... • Due to the proposed construction

STATEMENT OF REASONS WILLINGTON C GAS PIPELINE

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View from Twyford Village along the River Trent looking upstream towards Willington.

Willington C Gas Pipeline Statement of Reasons – Updated Appendix 13.1 Version 2, February 2014 Application Reference Number – EN060001 Document Reference – WCGP 013.1 Statement of Reasons in support of the application for Development Consent for the Willington C Gas Pipeline under the Planning Act 2008, in compliance with Regulation 5(2)(h) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009.

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STATEMENT OF REASONS

WILLINGTON C GAS PIPELINE

The update Appendix 13.1 of this Statement of Reasons has been prepared by: RWE Npower plc & RPC

RWE Npower plc contact Adriana Gasparini Legal Counsel Legal Department RWE npower Windmill Hill Business Park Whitehill Way Swindon, SN5 6PB. Tel: 01793 877777

email: [email protected]

Version control:

Document

Version History Date Sign off

WCGP 013.1 – SOR 1 - Approved for submission

July 2013 Adriana Gasparini

WCGP 013.1 – SOR 2 - Updated Appendix 13.1 only

February 2014 Adriana Gasparini

mailto:[email protected]


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Contents

1. Introduction .............................................................................................................................. 4

2. Summary of Changes .............................................................................................................. 5




1. Introduction 1.1 This submission is made in response to the Examining Authority’s (ExA) procedural

decision of the 20th of January 2014, which sets the timetable for the examination of the application in accordance with Rule 8 of the Infrastructure Planning (Examination Procedures) Rules 2010.

1.2 Annex D, Part 3 Section C of the aforementioned letter specifies that: “The applicant is

requested to provide an updated version of the Appendix to the Statement of Reasons to show the remaining stretches of the pipeline route on which the applicant is continuing to negotiate options. The Appendix should be in a form that can be readily updated on request during the examination. The updated Appendix should be provided to the ExA in accordance with the examination timetable.”

1.3 A copy of the updated Appendix 13.1 to the Statement of Reasons can be found below,

together with a summary of key changes.

2. Summary of Changes

2.1 Since submission of the Application for the Willington C Gas Pipeline Development Consent Order to the Planning Inspectorate in July 2013, RWE npower (“RWE”) has exchanged the following private options/transfer:

• WIL.48 – Plots 8 and 9B: Severn Trent Water Limited

• WIL.11 - Plot 54: Crown's interest (if any) in mines and minerals

• WIL.28 – Plots 101, 102 and 102B: John Freeman

• WIL.35 – Plot 120: John Bowler Farms LLP

2.2 Following the transfer of the Crown’s interests (if any) on plot 54, all transfers of

ownerships from the Crown and the Treasury Solicitor have been completed and RWE is now only seeking compulsory rights on that plot to the extent that they may not have been vested in the Crown.

2.3 RWE npower continues to be heavily engaged in negotiations with willing affected

persons regarding the remaining land rights it requires for the authorised development.


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13.1 UPDATED Appendix – Plots over which Principal Compulsory Acquisition Powers are being sought

WIL Plots (also more particularly

described in the Book of Reference) and names

Current Use Reason for Acquisition Status of Negotiations

1 WIL.01 Plots 1 and 2: Staffordshire County Council

Agricultural land suitable for arable or pasture

NTS Spur Pipeline to connect the NTS to one of the above ground installation compounds and temporary use for construction purposes

• Despite having reached agreement with the landowner in respect of the rights it requires, RWE still requires compulsory rights over these plots. The reason for this is that Staffordshire County Council acquired these plots pursuant to a blight notice in respect of the construction of a possible by pass over the land in the future. As a result under the Crichel Down rules it may, if such land becomes surplus to its requirements, have to offer back the land to its previous owner.

2 WIL.01 manorial rights

Plots 1 and 2: unknown owner of manorial rights

Agricultural land suitable for arable or pasture

NTS Spur Pipeline to connect the NTS to one of the above ground installation compounds and temporary use for construction purposes

• Plots 1 and 2 are subject to rights saved to the Lord of the Manor of Yoxall by the 12th Schedule of the Law of Property Act 1922 including mines and minerals ("Manorial Rights") under the land owned by Staffordshire County Council described above. Despite RWE’s searches and due diligence, the ownership of those rights are unknown and RWE continues to seek compulsory acquisition powers in relation to them.

3 AGI manorial Rights

Plots 3, 3B and 4: unknown owner of manorial rights

Agricultural land suitable for arable or

AGI, part of the NTS Spur Pipeline, part of the Yoxall to

• RWE has exchanged an Option with the owner of plots 3, 3B and 4. However these plots are similarly subject to Manorial Rights. Despite RWE’s searches and due diligence, the ownership of the Manorial Rights remains







pasture Willington Pipe Section (and the connection between the two)

unknown and RWE continues to seek their compulsory acquisition.

4 WIL.55 Plot 6B: Deltabridge Investments Limited

Section of the public highway in Yoxall, Staffordshire known as the A515 trunk road

Stretch of the Yoxall to Willington Pipe Section

• Plot 6B comprises land owned by a private landowner over which rights are required for the construction and maintenance of the pipeline. The land was subject to an option in favour of a developer, Walton Homes Limited. RWE and Deltabridge are trying to clarify whether the option has been successfully transferred to a group company of Walton Homes Limited or whether it has ceased to have effect. In the meantime Deltabridge has agreed the form of the Option with RWE. RWE is seeking an Option from the landowner (and if necessary will seek the same from the developer) in respect of the rights it requires but this has not yet been secured.

• The need to route the pipeline through this plot has arisen as a result of RWE requiring additional construction flexibility at this stretch because of the ground conditions and the angle of the route crossing the A515 highway. The reason for such angle was the result of RWE refining the route in order to minimise the impact of the pipeline on the landowner's land.

• Plot 6B comprises part of the public highway and is owned by Deltabridge pursuant to the legal ad medium


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filum presumption, namely that the subsoil of each half of the highway is owned by the adjoining landowner.

• Due to the proposed construction method through this plot there will be no impact on the surface of the plot nor on Deltabridge's land fronting the plot.

• RWE is therefore seeking compulsory acquisition powers in relation to Plot 6B to enable the construction of this section of the pipeline.

5 WIL.02.TR Plot 7: Statutory Undertaker’s land – British Telecommunications plc ("BT")

Section of the public highway in Yoxall, Staffordshire known as the A515 trunk road


• Plot 7 also comprises highway land, the subsoil of which is owned by BT by reason of the ad medium filum presumption. The plot is occupied by BT and two related group companies, Autumnwindow Limited and Autumnwindow No 2 Limited, under a group company leasing arrangement. Since 2010 RWE has been seeking an Option from them in respect of the rights it requires but this has not been secured yet (although negotiations are well advanced). Consequently, RWE continues to seek the compulsory acquisition powers it requires in relation to Plot 7 to enable the construction of this section of the pipeline.

• Due to the proposed construction method through this plot there will be no impact on the surface of the plot nor on BT's land fronting the plot.

• BT has also agreed in principle to provide a letter confirming that it is minded not to object to any application for compulsory rights over the plot in the







event that the Option cannot be secured by private agreement.

6 WIL.48 Plots 8 and 9B: Severn Trent Water Limited ("STW")

Beginning of track leading to STW's Sewage Treatment Works


• RWE has now secured an Option from STW in relation to Plots 8 and 9B and consequently it proposes to remove such plots from Part 1a of the Book of Reference as well as Schedule 5 of the draft Order (acquisition of new rights) and Schedule 6 (land over which restrictive obligations and rights of support are required). Temporary rights of possession for construction, maintenance and surveys are required in relation to the entire pipeline route, including these plots.

7 Road plot opposite WIL.28 Carriers Road Construction Compound

Plot 102C: STW and unknown owner

One half of highway (Carriers Road) and verge

Creation of temporary access into the Carriers Road Construction Compound

• Plot 102C comprises highway land the subsoil of which is owned by STW by reason of the ad medium filum presumption.

• RWE requires rights over the surface of Plot 102C in order to create a temporary access into the Carriers Road Construction Compound. If the road is stopped up before the completion of construction of the pipeline the surface may, in the absence of any other party proving title, pass to STW.

• RWE is, therefore, seeking STW's confirmation that it will not object to any application for compulsory acquisition powers over this plot.

• Even if RWE is able to secure this it will continue to need compulsory acquisition powers in relation to Plot


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102C in the event that an unknown owner claims ownership instead.

• Consequently RWE is seeking the compulsory acquisition powers it needs to enable it to obtain access to and use the Construction Compound to enable the construction of this section of the pipeline.

8 WIL.48 verge and track at A515 crossing

Plots 10, 11 and 11B: unknown owner

Verge fronting the A515 highway and verge adjacent to a track leading to STW's Sewage Treatment Works


• Plots 10, 11 and 11B comprise a verge to the A515 highway and a verge adjacent to a track leading from the highway to the Yoxall Sewage Treatment Works. Although the Sewage Treatment Works are owned by STW Plots 10, 11 and 11B do not form part of STW's registered title.

• Ownership of those plots remain unknown despite RWE's searches and due diligence. RWE therefore continues to require (a) access rights along and across Plot 11 in connection with the construction of the pipeline, (b) the right to construct a short stretch of the pipeline under Plot 10 and (c) access and pipeline construction rights over, along and under Plot 11B. RWE is, therefore, continuing to seek compulsory acquisition powers in relation to Plots 10, 11 and 11B.

9 WIL.42 mines and minerals

Plots 19 and 20: unknown owner of mineral rights

Mines and minerals under mainly arable agricultural


• RWE has already secured an Option from David Froggatt the WIL.42 and plots 19 and 20 landowner. The mines and minerals and ancillary rights of working were excluded from the landowner's title to these plots. Despite RWE's searches and due diligence the







land ownership of the mines and minerals is unknown. RWE, therefore, continues to seek the compulsory acquisition powers in relation to them.

10 WIL.06 mines and minerals not owned by the Treasury Solicitor

Plots 24 and 26: unknown owner of mineral rights

Mines and minerals under agricultural land suitable for arable and pasture and under part of the highway


• RWE has already secured an Option from P and M.A Moore, the WIL.06 and plots 24 and 26 landowner. The mines and mineral rights and ancillary powers of working were reserved out of the landowners' title in favour of a company which has since been dissolved. As a result they became vested in the Treasury Solicitor ("TSol").

• RWE has already succeeded in taking a transfer of TSol's interest (if any) in these mines and minerals. However, TSol cannot guarantee its title to the mines and minerals and it is possible that some or all of the mineral rights may have been transferred to another (unknown) party prior to the dissolution of the company. However, despite RWE's searches and due diligence the ownership of the mines and minerals is unknown, RWE, therefore, continues to seek compulsory acquisition powers in relation to such rights to the extent that they were not owned by TSol.

11 WIL.11 mines and minerals not owned by the Crown

Plot 54: unknown owner of mineral rights

Mines and minerals under agricultural land suitable


• RWE has already secured an Option from M and J Taberner, the WIL.11 and plot 54 landowner. The mines and mineral rights and ancillary rights of working were reserved out of the landowners' title in favour of a company which has since been dissolved. As a result


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for arable and pasture

they became vested in the Crown. • RWE has already succeeded in taking a transfer of the

Crown's interest (if any) in these mines and minerals. However, as with TSol the Crown is unable to guarantee its title to the mines and minerals and it is similarly possible that some or all of the mineral rights may have been transferred to another (unknown) party, prior to the dissolution of the company. However, despite RWE's searches and due diligence the ownership of the mines and minerals is unknown. RWE, therefore, continues to seek compulsory acquisition powers in relation to such rights to the extent that they are not owned by the Crown.

12 WIL.12 track Plot 58: unknown owner of track

Track to the north west of Bell House Lane


• As explained in full in the Statement of Reasons, the ownership of Plot 58 remains unknown and RWE, therefore, continues to seek compulsory acquisition powers in relation to Plot 58.

13 WIL.53 Plots 80 and 81: Faith Kathleen Duffin

Agricultural land

Temporary access for vehicles in connection with the construction of the pipeline

• RWE has agreed in principle to exchange an Option to take a short term tenancy from F.K. Duffin, the landowner of plots 80 and 81. The documents are now in an agreed form between RWE and the landowner. Plots 80 and 81 are, however, subject to a long term undocumented arrangement with the local fishing club to use the land for car parking and access to the river. The extent of such arrangements need to be agreed between the landowner and the fishing club in order for







them to be documented as the Option reserves the right to reposition the car parking area used by the local fishing club to enable construction of the pipeline. Due to a current disagreement over the extent the local fishing club's rights, RWE have been unable to secure the Option and therefore continues to require compulsory acquisition powers in relation to Plots 80 and 81.


Plot 83: unknown owner of mineral rights

Mines and minerals under part of a disused railway line


• RWE has already secured an Option from Sustrans Limited, the WIL.22 and Plot 83 landowner. The mines and minerals and ancillary powers of working were excluded from the owner's title. However, despite RWE's searches and due diligence the ownership of the mines and minerals is unknown. RWE, therefore, continues to seek the compulsory acquisition powers over them.

15 Strip of land adjoining WIL.23

Plot 84C: unknown owner Agricultural land

Temporary access for vehicles in connection with the construction of the pipeline

• Plot 84C comprises a strip of land adjoining a disused railway. The disused railway and embankment prevents RWE from passing from one plot to the next directly in the usual way during pipeline construction and access around the disused railway is therefore required. Ownership of this plot remains unknown despite RWE's searches and due diligence.

• RWE therefore continues to require access rights along and across Plot 84C to access the neighbouring land for the construction of the pipeline. RWE is, therefore,


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continuing to seek compulsory acquisition powers in relation to Plot 84C.

16 WIL.25 Plot 87: Hanson Quarry Products Europe Limited

Agricultural land


• Although the form of the Option document has been agreed and was issued to the landowner, Hanson Quarry Products Europe Limited, for signature in April 2013 it has still not been signed. RWE has not, therefore, been able to secure the Option it requires and is therefore seeking compulsory acquisition powers in relation to Plot 87 to enable the construction of this section of the pipeline.

17 WIL.27 Plots 89, 90, 90C, 91, 92, 93 and 95: ARC Aggregates Limited

Agricultural land


• Although the form of the Option document has been agreed and was issued to the landowner, ARC Aggregates Limited, for signature in April 2013 it has still not been signed. RWE has not, therefore, been able to secure the Option it requires and is therefore seeking compulsory acquisition powers in relation to Plots 89, 90, 90C, 91, 92, 93 and 95 to enable the construction of this stretch of the pipeline.

• Even if RWE is able to secure the exchange of the Option before the end of the examination of this Application it will continue to need compulsory acquisition powers in relation to these plots because of a possible title issue. The landowner's title may be subject to a Land Charge which reveals the existence of an estate contract. A copy of the 1964 document leading to the estate contract being registered is not







available despite extensive searches by the landowner. It is, therefore, not clear whether these plots are affected by it. In these circumstances RWE would be seeking such compulsory acquisition powers against the unknown owner/beneficiary of the estate contract and these plots would continue to be listed in Part 1a (and Part 1b).

18 WIL.28 Plots 101, 102 and 102B: John Freeman

Agricultural land suitable for arable and pasture

Stretch of the Yoxall to Willington Pipe Section and temporary use as the main construction compound for the WCGP including the installation and use of parking facilities, offices, portacabins, fabrication and storage areas

• RWE has now secured an option from J.Freeman in relation to these plots and plot 102D. As a result RWE proposes to remove plots 101, 102, 102B and 102D from Part 1a of the Book of Reference as well as from Schedule 5 of the draft Order (acquisition of new rights). It will also remove plots 101 and 102 from Schedule 6 (land over which restrictive obligations and rights of support are required). These obligations and rights of support were not sought over plots 102B and 102D which are to be used for construction compound purposes rather than pipeline construction purposes. Temporary rights of possession for construction, maintenance and surveys are required in relation to the entire pipeline route, including these plots.

19 WIL.51 Plots 108, 108B, 109B, 109D, 109E and 110: Harbans and Satnam Singh Chaira

Agricultural land mainly pasture used for mowing


• Although the form of the Option document has been agreed and was issued to the landowners, Harbans and Satnam Singh Chaira, for signature May 2013 it has still not been signed. RWE has not, therefore, been able to


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and grazing secure the Option it requires and is therefore seeking compulsory acquisition powers in relation to Plots 108, 108B, 109B, 109D, 109E and 110 to enable the construction of this stretch of the pipeline.

20 Strip of land between WIL.32, WIL.31 and WIL.51

Plots 108B, 109B, 109D and 109E: Harbans and Satnam Singh Chaira, Simon Edwin Leonard Slater and Joy Doherty

Agricultural land mainly pasture used for mowing and grazing


• The extent of ownership of these plots by neighbouring landowners is not clear from title investigation. It is not clear whether: (a) Plots 108B and 109B are owned by H and S Singh

Chaira or S.E.L. Slater; and (b) Plots 109D and 109E are owned H and S Singh

Chaira, S.E.L. Slater or J. Doherty. RWE has not therefore been able to secure the Option

it requires and is therefore seeking compulsory acquisition powers in relation to Plots 108B, 109B, 109D and 109E to enable the construction of this stretch of the pipeline.

21 WIL.24 Plot 112: ARC Aggregates Limited ("ARC") (now part of the Hanson Group) owner of mineral rights

Mines and minerals under agricultural land suitable for arable and pasture.


• RWE has already secured an Option from JV and P Ferneyhough, the WIL.24 and Plot 112 landowner. The mines and minerals and ancillary powers of working were excluded from the landowners' title in favour of ARC.

• Although the form of the Option RWE requires from ARC has been agreed and was issued to ARC for signature in August 2012 it has still not been signed. RWE has not therefore been able to secure the Option it requires and is therefore seeking compulsory







acquisition powers in relation to the mine and mineral rights over Plot 112.

• Even if RWE is able to secure the exchange of the Option before the end of the examination of this Application, it will continue to need compulsory acquisition powers in relation to these plots because of a possible title issue. The mineral owner's title may be subject to two Land Charges which reveal the existence of two estate contracts. Copies of the 1955 and 1965 documents leading to the estate contracts being registered are not available despite extensive searches by ARC. It is, therefore, not clear whether this plot is affected by either or both of the Land Charges.

• In these circumstances RWE would be seeking such compulsory acquisition powers against the unknown owner/beneficiary of two estate contracts and these plots would continue to be listed in Part 1a (and Part 1b).

22 WIL.35 Plot 120: John Bowler Farms LLP

Agricultural land used for free range egg production and a farming diversification enterprise in


• RWE has now secured an Option from the landowner, John Bowler Farms LLP in relation to Plot 120. As a result RWE proposes to remove Plot 120 from Part 1a of the Book of Reference as well as from Schedule 5 of the draft Order acquisition of new rights) and Schedule 6 (land over which restrictive obligations and rights of support are required). Temporary rights of possession for construction, maintenance and surveys are required


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the energy sector.

in relation to the entire pipeline route, including this plot.

23 WIL.45 Plots 130, 130B, 133, 138, 138B and 139B: Statutory Undertaker’s land - Network Rail Infrastructure Limited

Railway line and level crossing at Etwall Road and railway line near the Trent and Mersey Canal


• RWE has not been able to secure the Option it requires from Network Rail Infrastructure Limited and is therefore seeking compulsory acquisition powers in relation to Plots 130, 130B, 133, 138, 138B and 139B to enable the construction of this section of the pipeline.

24 WIL.40 Plots 134 and 134B: Baljit Kaur Sahota and Jaspal Sahota

Agricultural land mainly laid to pasture and used for mowing and grazing


• Despite repeated attempts by RWE to meet or discuss the securing of an Option, the landowners, B.K and J. Sahota have declined such attempts. RWE has not therefore been able to secure the Option it requires from these landowners and is therefore seeking compulsory acquisition powers in relation to Plots 134 and 134B to enable the construction of this section of the pipeline.

25 WIL.44 Plots 138B, 139 and 139B: the Canal & River Trust

Part of the canal and embankment and adjoining marsh land


• Despite advanced negotiations, RWE has not been able to secure the Option it requires from the Canal & River Trust and is therefore seeking compulsory acquisition powers in relation to Plots 138B, 139 and 139B to enable the construction of this section of the pipeline.

• It is not clear from their respective titles whether Network Rail Infrastructure Limited or the Canal & River







Trust own Plots 138B and 139B. It will, therefore, be necessary to obtain compulsory acquisition rights, over these plots if RWE only secures an Option from one rather than both of them.


Plots 138B, 139 and 139B: unknown owner of mineral rights

Mines and minerals under part of the canal and embankment and adjoining marsh land


• The mines and minerals and ancillary rights of working were excluded from the Canal & River Trust's title. However, despite RWE's searches and due diligence the ownership of the mines and minerals is unknown. RWE, therefore, continues to seek the compulsory acquisition powers in relation to them.

Documents

Willington C Gas Pipeline Statement of Reasons – … · Willington C Gas Pipeline . Statement of Reasons ... pasture Willington Pipe Section ... • Due to the proposed construction