Your local practice

consultation

Code for Adoption Sewerage

Draft: (1)
Reference: 1
Date: 23 December 2019
Your feedback matters
In accordance with the Code for Adoptions Sector Guidance Clause 2.6.2 to 2.6.5,
we’ve published the attached local practices for your feedback.

Please:

Let us know if you

disagree with any
of the technical
elements of the
local practice
Provide examples
of where you Share any other
believe it may be comments
difficult to comply

Send your thoughts to nick.ayling@thameswater.co.uk by 31 January 2020

What happens next?

After we’ve received your feedback, we’ll publish a summary of the comments as well as
our responses.

We plan to introduce these local practices as soon as possible after the Code for Adoptions
goes live on 1 April 2020.
Local practices to support Code for
Adoptions Sewerage
Easements

A note on Code for Adoptions Sewerage

Under Section 104 of the Water Industry Act and Sector Guidance Clause 2.6, we can
define two local practices that deviate from Ofwat’s Code for Adoptions Design and
Construction Guidance (DCG).

These specify the additional requirements that you’ll need to meet before we adopt new
sewerage assets.

You’ll need to consider our local practices if:

• You require easements for surface water discharge to watercourses, bodies of

water, sewers within third-party land, or sewers that may form part of another
feature
• You require a pumping station adoption on your site

To comply with the local practice rules within the Code, we’re always required to consult
with customers like you (both directly and via our website) to outline our local practice
proposals.

Following this consultation, we’ll publish a summary of the outcome, share why we’ve made
our final decisions, and explain how the practice supports the principles of the Code.

We’d appreciate your feedback on our proposed local practice documents, including why
we’ll need them, when we’ll need them and how we plan to implement them.

Please read on to discover more about our local practices.

Local practice for third-party land easements and surface water sewer
discharges
1. Introduction

In most cases, you don’t need special legal involvement if you’re asking us to adopt newly
constructed sewerage assets. If you’re building these within a new housing development or
any other accessible area, such as a public highway, open space or driveway, you likely
won’t need to secure formal easements or discharge rights. Instead, we’re happy to rely on
the statutory powers of access that we’re granted by the Water Industry Act 1991.

However, we don’t have the same rights for the following areas:

1.1 Third-party land

If you’re laying new sewers in an area of land:

• you don’t own

• that may put the sewer at risk of damage from future development, or
• with access limitations

you may need a formal Deed of Easement.

1.2 Surface water sewer discharges

Under the Water Industry Act 1991, we don’t have any legal right to discharge
flows from public sewers onto or into another person’s land. This also applies to
surface water outfalls into watercourses and bodies of water.

Instead, we use legal deeds and documents to secure and protect these rights,
helping to make sure we can manage and maintain the public sewerage network
effectively in the future. Please bear in mind we always need to use our standards
documents. If you’ve obtained third-party permissions for the initial construction of
the adoptable sewers, we can’t use or duplicate these.

We’ve outlined a summary of our requirements below and attached the full deeds
as appendices.

2. Easements for new sewers laid in third-party land

If you lay a new sewer for us to adopt under Section 104 of the Water Industry Act 1991,
you must sign the Code’s Model Sewerage Adoption Agreement (MSAA) and comply with
all its requirements.

If you’re planning to lay the new sewer through land owned by a third party, you’ll need to
make sure this third party signs the MSAA as an additional landowner. This may result in
additional legal costs, which you’ll need to pay.

While we typically rely on our statutory powers for access and maintenance of public
sewers, here are some examples of when you’ll need a formal Deed of Easement:

• Sewer located in fenced rear gardens of new domestic properties

• Sewer located in farmland, likely/planned to be developed
• Sewer located in land with restricted access for maintenance vehicles

If a Deed of Easement is required, it outlines in detail the restrictive limitations on future

works near or over the adoptable sewer, granting us greater access rights and abilities
beyond those given by the Water Industry Act 1991. Restrictions include:

• Limited development or building in proximity to the adoptable sewer (typically 3m

from the centreline of new pipeline)
• Restricted rights for the developer and/or future landowners to alter the ground
levels within the Easement
 • Free right of access for us, our operatives and our machinery to maintain/repair or
relay the sewer
• Rights for us to fence off the Easement to undertake any necessary works
• Rights for us to temporarily tip soil on adjacent land and remove trees and shrubs
within the Easement, with no duty to replace
No liability for third-party landowner to construct the adoptable sewer or maintain it
in the future

The full Deed of Easement is attached as Appendix 1.

3. Surface water discharges to bodies of water (owned by others)

If you’d like us to adopt a new surface water sewer that will outfall/discharge to private land
or into a private body of water, such as a pond, lagoon, lake or other watercourse, we’ll
need an appended deed from the landowner/riparian owner before vesting. You’ll need to
help secure this deed, otherwise we may not be able to vest your new sewer.

The owner of the body of water/private land must agree:

• To keep and maintain the body of water as well as prohibit its use for anything else
• To keep the channels and outfall structures free of debris and allow the free flow of
water, not doing anything that may inhibit flows from the sewer
• To let us keep our outfall structures on their land
• To grant us rights to discharge water at varying amounts in perpetuity
• To give us free rights of access at all times so that our operatives and machinery
can maintain/repair or relay the sewer

The full Deed of Easement is attached as Appendix 2.

Local practices to support Code for
Adoptions Sewerage
Pumping stations

A note on Code for Adoptions Sewerage

Under Section 104 of the Water Industry Act and Sector Guidance Clause 2.6, we can
define two local practices that deviate from Ofwat’s Code for Adoptions Design and
Construction Guidance (DCG).

These specify the additional requirements that you’ll need to meet before we adopt new
sewerage assets.

You’ll need to consider our local practices if:

• You require easements for surface water discharge to watercourses, bodies of

water, sewers within third-party land, or sewers that may form part of another
feature
• You require a pumping station adoption on your site

To comply with the local practice rules within the Code, we’re always required to consult
with customers like you (both directly and via our website) to outline our local practice
proposals.

Following this consultation, we’ll publish a summary of the outcome, share why we’ve made
our final decisions, and explain how the practice supports the principles of the Code.

We’d appreciate your feedback on our proposed local practice documents, including why
we’ll need them, when we’ll need them and how we plan to implement them.

Please read on to discover more about our local practices.

Local practice for pumping stations

1. Introduction

From choosing the right Mechanical and Electrical (M&E) components to managing Health
and Safety risks, designing pumping stations is a complex process.

With an ever-expanding asset portfolio of pumping stations for us to maintain, managing

events in real-time is a continuous challenge. That’s why we need to synergise planning and
programming maintenance, keep up-to-date asset data on every piece of equipment, and
maintain remote visibility of performance for when things break down.

We need a local practice for pumping stations to make sure newly adopted assets:

• are built to appropriate industry standards

• will fit as seamlessly as possible into our maintenance plans
• can help us to plan and safely manage events or system failures
• limit the potential impact of sewage flows arriving at a faulty pumping station, which
can result in flooding and pollution incidents

Please read this document alongside the Design and Construction Guidance published by
WaterUK as part of Ofwat’s Code for Adoptions Sewerage.

2. When you need a pumping station

If you’re laying new sewers that gravitate to a low point, we recommend you investigate all
possible options to avoid pumping flows. You could use off-site sewers, potentially
requisitioned from us, to save on the whole-life costs of a pumping station.

Any new pumping station must comply with the current Dangerous Substances and
Explosive Atmospheres Regulations (DSEAR) and provide suitable access for a tanker that
needs to carry out maintenance or respond to an emergency.

3. Minimum submission requirements

To help us process your application for the adoption of a new pumping station, we’ve
created a minimum information list. This includes all the documents you need to send for us
to accurately assess your proposed design. If you don’t send us this information, it could
delay or hinder your application.

4. Technical guidance and design specifications

In addition to the general design principles and layout arrangements in the DCG, we have
specific requirements for the following technical areas:

• DSEAR compliance (zoning application and venting risks)

• Tanker access (vehicle size, length and capacity)
• Rising main size and material
• Macerator pumps
• Chemical dosing
• Access covers to wells and valve chambers (location, size, type and vandalism
risk)
• Fencing (material, type and height)
• Flow monitoring point
• Lifting davit and gantry (size and loadings)
• Operational and maintenance manuals (O&M)
• Variable speed drives
• Pump lifting requirements
• Control panel buttons and indicators
• Provision of generator connection
• Telemetry and ultrasonics
We’ve set out the design specifications below. We intend these to substitute or add to the
section ‘Type D Pumping Stations’ in the DCG, and we’ve added the relative clauses for
clarity. Please read these alongside the DCG.

4.1 General rules

Connecting to the network

If you’re planning a new pumping station that will connect to the network within
100m of our existing sewage treatment works, our day-to-day operations may be
affected. We’ll need to assess this carefully and consider alternative discharge
points.

Table D1 Minimum distances from habitable buildings

Measure the distance from the nearest part of a habitable building to the nearest
point of the pumping station compound boundary/fence.

Pumping station type Minimum distance

Type 1 10

Type 2 15

Type 3 20

For multi-phased developments, we can’t formally vest the pumping station until
the new development’s occupancy has reached more than 51% for all connected
phases.

Network emergency storage

The wet well and associated storage (outside or inside the gravity network) must
provide a minimum of four hours’ storage in case the pumping station fails. Please
calculate this using the assumed incoming peak design flow.

Chemical dosing

We can’t adopt a pumping station if it requires chemical dosing. This suggests

insufficient cycle times, leading to sewage sitting within the well for too long,
operational issues and unnecessary opex costs. Please design out the need for
dosing.

D5.2 Site access by tanker

We prefer to access a pumping station directly off a public highway. If this isn’t
possible, we’ll consider access via private roads with several conditions.

If the only access to the station is via a privately-owned road, track or access
route, you’ll need a legal Deed of Easement document. This confirms that:

• our access won’t be hindered in any way

• the owner must maintain the access route at his expense for as long as
the station is operational
• we won’t be charged any fees for accessing or maintaining this road
• the private access road must be able to safely accommodate our
designated tanker

We won’t consider tanker access if it needs to cross a bridge that isn’t part of the
public highway or owned by the Highway Authority.

Access is required 24 hours a day, 365 days a year. The right to remove trees and
other obstructions will be clearly set out in the easement. The owner should always
approach us early in the adoptions process if they need an easement over private
land.
Our maintenance vehicles and road tankers must not need special permissions,
permits, temporary signals or prior parking restrictions to access the land. They
also won’t be able to give any notice to landowners.

You’ll need to provide appropriate visibility splays at junctions / bends for safe
access.

Please make sure our parking spaces don’t straddle and/or restrict any public or
private right of way. Design these appropriately so that there’s access to the
relevant areas at all times.

For Type 1 and Type 2 pumping stations

Make provisions to allow access for an 18,000L tanker. If this isn’t possible, make
sure a maintenance/pump recovery vehicle (fitted with a Hiab) can park up and
offload a mobile generator adjacent to the kiosk and a mobile pump adjacent to the
wet well.

For Type 3 pumping stations

Make provisions to allow access for a tanker with sufficient capacity to completely
empty the wet well (including any provision for storage above the stop levels) and
any resulting upstream in-sewer storage, up to a maximum of 22,000 litres.

For all pumping stations

Please make sure parking for a second operational vehicle is available within or
immediately adjacent to the pumping station compound without the need for traffic
management or parking bay suspensions.

Design site access from the nearest public highway in accordance with HSG136.
Avoid the need for reversing and make sure to follow these guidelines:

1. Vehicles should be able to enter the site facing forward, navigate the site by
means of a designated one-way ‘traffic route’, and leave the site facing forward.
If this isn’t possible…
2. Vehicles should be able to enter the site facing forward, navigate the site by
means of a designated ‘traffic route’, and turn at either a ‘banjo’ or ‘hammerhead’
designed for vehicle manoeuvring. If this isn’t possible…
3. Vehicles should be able to enter and exit the site via different gates to remove
the need for turning on-site.

In some situations, vehicles may be able reverse into the compound without special
traffic management requirements or a banksman and then drive forwards out of the
compound. We’ll consider this option on a case-by-case basis.

Fencing and security

All Type 2 and 3 pumping stations should have 1.8m high steel palisade fencing,
painted green.

Fencing must prevent unauthorised access to the works. If there’s evidence to

suggest it’s not effective, you’ll need to upgrade it. The designer of the works should
assess the risks and suggest the appropriate security equipment. If you’re planning
to erect new fencing or brick walls, you’ll need to consider the location, exposure,
ground conditions, and site history for each site.

Any equipment you’re storing on site must be tamperproof. This means you’ll need
tools or keys to open or uncover equipment that could be dangerous to trespassers.

In high-risk areas, you may need to use higher security-graded fencing, such as
galvanized steel welded mesh. If planning or heritage authorities demand it, you can
use any durable and effective material to prevent access, such as local stone walls,
clay bricks, flint etc.
Please keep fencing free of vegetation and debris.

All fenced pumping station compounds must also have intruder alarms. When kiosks
are located within the public domain (eg in unfenced pumping station compounds),
please fit them with additional vandal-proofing/anti-theft devices such as alarms or
signals.

If a kiosk needs an increased security level, it must meet the requirements of LPCB
1175 SR 1, 2, 3, 4, 5 etc. LPCB standards are listed within the relevant elements of
the Red Book.

D5.3 Access chambers

Please don’t build access chambers to wet wells and valves in highways, as they
may be repeatedly driven or parked on. They should always be located in areas
away from traffic.

The top of the wet well and valve chamber covers on all types of pumping station
should be finished flush with the compound surfacing (trip hazards should be
designed out).

Use galvanised steel covers designed for a minimum uniformly distributed load of
5kN/m2 for both the wet well and valve chamber. The covers should be hinged and
capable of being locked in the closed position to prevent unauthorised access.

If covers do not hinge through 180°, you should be able to secure them in an open
position to form a partial barrier around the opening.

All electrical, valve chamber, monitoring and wet well covers must be flush-fit, hot-
dipped, galvanised and manufactured to LPS 1175: Security Rating 3 at a minimum.
Please fit safety stays to prevent falls as well as hidden hinges and turn-catch locks
with hidden padlocks to prevent intruders (we can recommend suppliers if you need
them).

D6 Rising mains

If you’re providing rising mains, polyethylene PE100 SDR11 is our preferred rising
material and class.

The minimum rising main size of 80mm bore stated in D5.2 (1) is limited to locations
where all the following conditions apply:

• The station serves a catchment where both foul and surface water public
sewerage will exist, serving all the properties contributing to the pumping
station (these catchments have a low risk of becoming combined sewers
due to unpredicted surface water connections)
• The upstream catchment is topographically limited, reducing the feasibility
for further development (this prevents the risk of reasonably foreseeable
growth overwhelming the pumping station)
• There are no other pumping stations feeding or planned to feed into the
catchment of the pumping station (so they won’t pump more into the
rising main than can practicably be conveyed out)
• The main is reasonably straight between potential access points (so a
CCTV camera can pass along it)
• The access points (hatch boxes, air valves, washouts and ends) are no
more than 100m apart (so the camera has traction or can be pushed on
rods)

Rising mains and macerator pumps

We won’t adopt pumping stations that use macerator pumps.

Rising main flow monitoring and pressure monitoring tapping in the valve chamber
Please provide a 25mm tapped boss, plugged, on the crown of the riser pipe of each
pump in the valve chamber. This should sit upstream of the isolation valve of each
pump riser so that pressure monitoring equipment can be installed in the future.

Please install a full bore electromagnetic flow meter so that rising main flows can
be measured easily. This should be located on the rising main and not on each
pump set.

The flow meter must be suitable for the environment you’re installing it in, and
therefore must be suitably rated. Please panel-mount the meter transmitter with
local display or within the kiosk.

D7.2 & D7.3 Hazardous areas and wet wells

Any hazardous areas, wet wells or associated sewers that receive domestic and/or
surface water shall be classified as zone 2, gas group IIA, temperature class T1.

We’ll judge valve chambers as Zone 2 in accordance with the above.

D7.6 Incoming gravity sewer flow monitoring

Please install any required penstocks to manufacturer’s guidelines (eg installed

within flat-faced chambers).

We recommend you use M150 penstocks that comply with WIMES 8.10. These
should preferably be on seating and located on the outgoing pipe in the inlet
manhole.

D7.9 & Fig. D1 Lifting

We’ve standardised and load-tested a Reid ADV500 davit for lifting up to 350kg at a
800-1300mm radius, with one or two sockets as appropriate, 65mm dia and 240mm
deep. The sockets will be cast in, bolted or otherwise securely fixed. We’ll supply the
davit so that you can cast flush into the cover slab.

For lifting over 350kg, we’ll provide a fixed gantry. For depths greater than five
metres and weights over 0.5 tonnes, we’ll provide a power lifting system.

You’ll need proof load test certificates for all lifting types, including a site test for
sockets. All davits or jibs must be labelled with their certified safe working loads.

We’ll provide a jib with separate attachments for the hoist as well as holding chain
and hook arrangement. This should help you to lift pumps that have intermediate or
snatch and grab rings.

Please make sure the standard of design is safe for the operator, meaning no sharp
edges, slots, gaps, holes or any other configuration that could injure them.

We recommend you manufacture a design from a continuous shaft or pipe that gives
a smooth, clean and professional appearance.

Fit a cover plate to each davit socket to prevent dirt and water from entering it when
you’re not using it.

Use stainless steel anchors to secure the davit sockets and a sealant to prevent
water from entering the gap between anchor and socket, which could freeze in cold
temperatures and damage the sockets.

Design overhead runway beams and gantries to the relevant standards: BS 2853,
BS 449, ISO 4301/1 (BS 2573), and ISO 4301/1 (BS 466).

All equipment should be rated to support 1.5 times the weight of the load it will
handle. Lifting gantries should be supported with correctly designed gantry bases
and not by the walls of any building structure.
Use effective end stops on the runway to prevent the trolley falling from the beam or
damaging the structure of the building. These shouldn’t operate on the flanges of the
trolley wheels.

Don’t forget to clearly mark all individual items with their respective safe working
loads. You’ll also need test certificates for the structure, hoist block and trolley.

Cabinets and kiosks

Cabinets and kiosks are often exposed to extreme weather conditions in a damp and
corrosive environment. They must be able to withstand these conditions for at least
20 years and incorporate UV inhibition during the manufacturing process.

Cabinets and kiosks must provide a dry, temperate, clean and dust-free environment
to store equipment. Please design them to be:

• Weather-proof
• Corrosion-proof
• Vandal-proof
• Vermin-proof
• Maintenance-free
• Fire-resistant
• Thermally insulated to minimise solar heat gain
• Cooling to accommodate solar gain and power losses from internal
electrical apparatus

Doors should open outwards using a mechanism designed to withstand high wind
speeds. Please construct them out of the same material as the enclosure and fit
them with vandal-proof and self-latching stays to keep the doors fully open.

Protect gaps around and between doors internally while leaving enough space to
close the doors easily.

All doors should be dust and weather-proof to meet IP 54 with a half-hour fire
resistance to meet BS476 Part 22. Double doors shouldn’t have a central pillar.

As specified on the DATASHEET, cabinets need to open with a single or double door
that locks with a cylinder night latch. The three-point locking system should use
triangular locks at the top and bottom and either a central cylinder lock or a hasp
and staple with a suitable padlock. You shouldn’t fit handles on these doors.

Please let us know if you’re building in area with a high risk of vandalism so that we
can tailor our security advice to you.

D7.7 Air vents part 3b

We recommend you use an air vent, such as a low-level vent with an ironwork
grated cowl and an internal carbon filter, to prevent vermin, debris build-up,
blockages and accidental damage.

D7.12 Plinths

Please incorporate a back-to-front cross fall of 1:250 on your plinth to prevent

ponding.

F1.1 ATEX certification part 3

For any equipment installed in or associated with a hazardous area, please include
ATEX certification in the O&M manual.

F1.2 O&M manuals

Please provide three hard copies and one electronic copy of your O&M manual.

F2.2 Performance requirements

The pumps shall be capable of operation at snore level every 6 to 8 hours for at least
30 seconds without damage.

F2.3.10 Motors driven by variable speed drive

Where the motor is to be driven by a variable speed drive, it shall be de-rated so

that its temperature rise is within Class B limits at its lowest operating speed
corresponding to minimum flow rate. It shall not exceed Class B temperature limits
when operated at any speed in a dry well or when partially submerged
configuration.

F2.3.1. Information plate part 1

Please mark pump unit equipment with the relevant ATEX certification following the
ATEX Equipment Directive (ATEX 95).

F3.2.1 Introduction part 1

If you’re proposing soft start units, please provide evidence to justify their selection
before you install them. This should include your technical solution to limit the
harmonics and satisfy G5/3 requirements.

We can only approve soft stop systems if you’ve justified why you need them and
why you’ve chosen them before you start installing them. We’ll need to take into
account the potential additional demand on the electricity supply.

F3.2.2.3 Safety signs part 2e

The sign should state “Contains intrinsically safe equipment”.

F3.2.2.3 Safety signs part 3

All safety signs shall be rigid plastic. Self-adhesive vinyl will not be acceptable.

F3.3.3.3 Installation and layout of components part 1

Please consider the need for circuit segregation when laying out intrinsically safe
barriers with outgoing cables/wiring, complying with BS EN 60079-11.

F3.3.3.4 Doors part 3

Each door should have at least one lockable handle. All assembly/panel locks
should open with the same key.

F2.2.5.4.2. Layout and identification of terminals part 3

Instead of stud type terminals, please mount terminal blocks on a back rail and
locate these in the cubicle/compartment relating to the equipment (eg pump 1
terminals should be inside the Form 4 compartment for a pump 1 starter). We can’t
approve common terminal cubicles.

F3.3.6 Indication lamps, push buttons and selector switches part 4

Please use coloured push buttons as follows:

• RESET – Blue
• OPEN or STOP or EMERGENCY STOP – Red
• CLOSE or START – Green
• ALARM ACCEPT – Yellow
• OTHERS – Blue

Use indicators suitable for 110V supply and incorporate high-intensity LEDs for an
extended lamp life. These should have a front removable lamp with a degree of
protection to IP2X as well as coloured lenses.

• AVAILABLE – White
 • TRIPPED – Yellow
• SUPPLY ON or CLOSED or RUNNING – White
• SUPPLY OFF or Opened or STOPPED – Green
• DANGER – Red
• OTHER - Blue

F3.3.8 Failure of the pumping station power supply part 2

To stagger pump restart, you must use hard-wired timers in each pump cubicle (if
required).

F3.3.8.2 Motor earth fault protection

This could be excessive for small pumps.

F3.3.8.4 Back-up control mode part 2

In back-up control mode, if pump 1 is unavailable or has failed, then pump 2 shall
start and run instead. The control system shall automatically revert to pump control
via the ULC when the back-up control timer has timed out; if the level reaches the
back-up control high level again, the back-up control shall be instigated again.

F3.3.8.4 Back-up control mode part 3

In hazardous areas, please use a galvanic type intrinsically safe barrier for the
back-up control circuit.

The back-up settings should mirror the standard pump regime operation for the
site’s pumps.

F3.3.8.5 High wet well level

In hazardous areas, please use a zener type barrier that can trigger the high wet
well level circuit’s alarm even with the power off. During normal operation, the high
float should use the normally closed contact of the float with an open circuit state
to trigger the alarm.

Motor stator temperature

You may need this as part of the ATEX certification for the pump unit.

F3.3.10.1 ULC display

The display for the ULC should be visible on the outside of the electrical panel. You
shouldn’t need access to the inside of any electrical panel or cubicle to view it.

F3.3.11.4 Motor starter compartments part 4

Please use remote reset type overloads.

F3.3.11.5 Common control compartment part 2

Please use a zener barrier for the high float and a galvanic-type barrier for the
back-up control float circuit.

F3.3.11.5 Common control compartment part 6

Make sure to segregate IS and non-IS circuits to comply with BS EN 60079-11 and
14.

F3.3.11.6 Cable marshalling compartment cable-way part 1

Make sure to segregate IS and non-IS circuits to comply with BS EN 60079-11 and
14. Alternatively, IS circuits can exit the electrical assembly at a different point to
maintain segregation.

F3.3.12.6 Common control compartment part 2

Please use a zener barrier for the high float and a galvanic-type barrier for the
back-up control float circuit.

F3.3.12.6 Common control compartment part 6

Make sure to segregate IS and non-IS circuits to comply with BS EN 60079-11 and
14.

F3.4.1.5 Junction boxes part 7

Please design these carefully to make sure you’ve segregated IS and non-IS
circuits to meet BS EN 60079-11 and 14.

F3.4.4 Installation of cables part 2

Please make sure cable pits meet WIMES standards. They should be located at
least 2m away from wet wells and open away from well chambers.

Install cable support socks on Type 3 pump stations and hang pump cables from
the same hook as the pump lift chain.

Make sure 4A cable ties are made from plastic-coated metal.

F3.4.4 Installation of cables part 5

If your site’s wet well is zoned, the ultrasonic level sensor and float cables can only
share a duct if:

• the ultrasonic level sensor is of an intrinsically safe type

• all cables in the duct are on intrinsically safe circuits

If you’re using a non-IS ultrasonic level sensor, the ultrasonic cable should run in a
separate duct.

F3.4.4 Installation of cables part 12

Please seal ducts at the kiosk end and not in the wet well. Use a gas-tight certified
sealant system such as RISE or FILOFOAM.

F3.4.6.2.2 Earth electrode part 7

To meet the requirements of BS EN 7671, your earth electrode should provide the
maximum effective earth resistance needed to switch on the protection in the
necessary disconnection time.

F3.5.2 Installation of instrumentation part 3

All back-up float switches must be accessible from outside of the wet well without a
tool and with any fall restraint system in place.
 Eversheds Sutherland (International) LLP
One Wood Street
London
EC2V 7WS
United Kingdom

T: +44 20 7497 9797

F: +44 20 7919 4919
DX 154280 Cheapside 8

eversheds-sutherland.com

Dated: 2020

(1) [Buyer or Estate agent]

(2) [Seller]

(3) [owner or sellers mortgagee]

(4) Thames Water Utilities Limited

Deed of Easement

[Property address]
Contents

Clause Page

1 DEFINITIONS AND INTERPRETATION .........................................................................1

2 RIGHTS..................................................................................................................1
3 COVENANTS ...........................................................................................................2
4 GENERAL ...............................................................................................................3
THIS DEED is made on 2020

BETWEEN

(1) [seller or adjoining land owner] (company number [seller or adjoining land owner company
number]), whose registered office is at [seller or adjoining land owner address] and who is
the owner of the land that is affected by the Protected Strip (defined below) and is
registered under Title Number [title number of land or adjoining land] (the “Grantor”);
and

(2) Thames Water Utilities Limited (company number 02366661) whose registered office is at
Clearwater Court, Vastern Road, Reading RG1 8DB and its successors in title (the
“Undertaker”).

OPERATIVE PROVISIONS

1. DEFINITIONS AND INTERPRETATION

1.1 In this Deed the following words and expressions have the following meanings:

“Apparatus” the foul and/or surface water Sewers Lateral Drains

and any accessories thereto as defined by Section
219 of the Water Industry Act 1991 as are within the
Protected Strip (defined below)

“Protected Strip” that strip of land shown on the plan (being the plan
annexed to the Deed) and thereon coloured yellow
and being at least 6.00 metres wide and unless the
contrary shall be stipulated or be clear from the
Drawings the Protected Strip shall lie one half to each
side of the centreline of the Apparatus

“Dominant Tenement” the undertaking of the Undertaker within its area as

particularised in the Undertaker's Instrument of
Appointment as a Sewerage Undertaker and taking
effect under the Water Act 1989 and the properties
and rights forming part thereof.

2. RIGHTS

Subject to the Undertaker making good so far as is reasonably practicable or paying proper
compensation for any damage not made good and to the Undertaker indemnifying the
Grantor from and against all rates taxes impositions and outgoings of an annual or recurring
nature claims demands proceedings damages losses costs charges and expenses arising
out of the exercise of the Rights the Grantor hereby grants with full title guarantee the
following perpetual rights (“the Rights”) to the Undertaker for the benefit of the Dominant
Tenement and each and every part thereof:

2.1 the right of having retaining using inspecting the condition of reconstructing replacing
relaying altering enlarging maintaining cleansing repairing conducting and managing the
Apparatus in through under over or upon the Protected Strip (being the servient tenement)
together with the right of having and enjoying the free flow and passage of water with or
without other matter of any kind whatsoever through and by means of the Apparatus as
existing from time to time in through under over or upon the Protected Strip and to
discharge from the Apparatus into any canal pond lake or watercourse (as defined in Section
219(1) of the Water Industry Act 1991) within or adjacent to the Protected Strip in
compliance with the terms of any statutory consent granted in relation thereto and to
increase or decrease such discharge and for such discharge to flow along and within the
said canal pond lake or watercourse and the right at any time to take samples of such
discharge;

1
C-ENG-REPG-THAMES-01
2.2 for the purposes hereof and in particular for the purposes mentioned in clause 2.1 above
(and for similar purposes in relation to any connected length of pipes or works incidental
thereto) the right at any time and at all times in the day or night-time with or without
vehicles plant machinery servants contractors and others and all necessary materials to
enter upon and pass and repass along the Protected Strip by a route within the same or by
such (if any) other convenient route from a public highway as the Undertaker shall with the
approval of the Grantor (which shall not be unreasonably withheld or delayed) from time
to time require doing and occasioning no unreasonable damage thereto or to the Grantor’s
adjoining land;

2.3 the right to erecting on or near the Protected Strip and maintaining any necessary markers
indicating the Protected Strip or the position of the Apparatus provided the same are not
erected in such a position as to unreasonably affect the beneficial use of the Protected Strip;

2.4 the right in exercising the Rights to make all necessary excavations and to tip soil on land
immediately adjoining such excavations as shall be necessary or desirable in relation to the
exercise of the Rights;

2.5 the right of fencing or severing off such part of the Protected Strip from the adjoining and
adjacent land of the Grantor as shall be necessary and for so long as may be necessary
during the exercise of the Rights;

2.6 the right of support for the Apparatus from the subjacent and adjacent land and soil
including minerals of the Grantor; and

2.7 the right to remove all or any trees and shrubs growing in the Protected Strip and any walls
hedges and fences thereon.

3. COVENANTS

The Grantor to the intent that the burden of this covenant may run with the Protected Strip
and so as to bind (so far as practicable) the same into whosesoever hands the same may
come and every part thereof and to benefit and protect the Apparatus and the Dominant
Tenement and each and every part thereof capable of being so benefited or protected but
not so as to render the Grantor personally liable for any breach of covenant committed after
the Grantor have parted with all interest in the land in respect of which such breach shall
occur hereby covenants with the Undertaker to observe and perform the following
covenants:

3.1 not to use or permit or knowingly suffer to be used the Protected Strip or any adjoining or
adjacent land of the Grantor for any purpose that may:

3.1.1 endanger injure or damage the Apparatus or render access thereto more difficult
or expensive; or

3.1.2 adversely affect the quality of water or other matter therein or the free flow and
passage thereof or means of communication along or through the same;

3.2 without prejudice to the generality of the foregoing:

3.2.1 not to erect construct or place any building wall or other structure or erection or
any work of any kind whether permanent or temporary over or upon the
Protected Strip provided always that this covenant shall not be deemed to
prevent the erection of boundary or other fences which are of an easily-
removable character;

3.2.2 not to withdraw support from the Apparatus or from the Protected Strip;

3.2.3 not to undertake or cause or permit to be undertaken any piling or percussive

Works within the Protected Strip;

3.2.4 not to alter the ground levels within the Protected Strip;

2
C-ENG-REPG-THAMES-01
 3.2.5 not to plant or cause or permit to be planted any trees or shrubs in the Protected
Strip; and

3.2.6 not to construct or lay or cause or permit construction or laying of any street
road pipe duct or cable across the Apparatus at an angle of less than forty five
degrees formed by the Apparatus and the street road pipe duct or cable provided
that this prohibition shall not apply to an existing street road pipe duct or cable;
and

3.3 to advise any tenant for the time being of the Protected Strip of the existence of the
Apparatus and of this Deed and its contents insofar as the same relate to the tenant's
occupancy and enjoyment of the Protected Strip.

4. GENERAL

4.1 The Undertaker shall have the benefit of the right to enforce these Rights and Covenants
pursuant to The Contracts (Rights of Third Parties) Act 1999.

4.2 Notwithstanding the earlier exercise of the Rights or the earlier enforcement of the
Covenants the Apparatus shall not vest in the Undertaker until it has issued a Vesting
Declaration vesting the Apparatus in itself pursuant to Section 102 of the Water Industry
Act 1991.

This document is executed as a deed and delivered on the date stated at the beginning of this
document.

3
C-ENG-REPG-THAMES-01
 Eversheds Sutherland
(International) LLP
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United Kingdom

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eversheds-sutherland.com

(execution by two directors)

Executed as a Deed by )

[insert name of party] )

(“the Grantor”) acting by: )

Signature of director

Signature of director/secretary

(execution by Common seal)

Executed as a Deed by affixing )

the common seal of )

[insert name of party] )

(“the Grantor ”) in the presence of: )

Signature of director

Signature of director/secretary

(execution by on director witnessed)

Executed as a Deed by )

[insert name of party] )

(“the Grantor ”) acting by

a director in the presence of : )

Signature of director

Witness Signature

Executed as a Deed by affixing )

the common seal of )

THAMES WATER UTILITIES LIMITED )

(“the Undertaker”) in the presence of: )

Authorised Signatory
Dated: 2020

(3) THAMES WATER UTILITIES LIMITED

(4) [NAME OF GRANTOR]

Deed of grant of easements and covenant

relating to properties known as [ADDRESSES]

Contents

1 DEFINITIONS AND INTERPRETATION .........................................................................1

2 RIGHTS GRANTED ...................................................................................................2
3 COVENANTS ...........................................................................................................2
4 AGREEMENTS .........................................................................................................2
5 LAND REGISTRY APPLICATION ..................................................................................3
Schedules
1 Rights and Conditions 4
Part 1 Rights 4
Part 2 Conditions 4
2 Covenants 6
THIS DEED OF GRANT OF EASEMENTS AND COVENANT is made on 2020

BETWEEN

(5) THAMES WATER UTILITIES LIMITED (registered number 02366661) whose registered
office is at Clearwater Court, Vastern Road, Reading, Berkshire RG1 8DB (“Thames
Water”); and

(6) [NAME OF GRANTOR] [(registered number [COMPANY NUMBER]) whose registered office is
at][of] [ADDRESS] (the “Grantor”).

BACKGROUND

(A) The Grantor is the owner of the freehold interest in the Property.

(B) Thames Water is for the purposes of the Water Industry Act 1991 a sewerage and water
undertaker and requires the rights contained in this Deed.

(C) The Grantor has agreed to grant the rights and enter into the covenants in this Deed for
the benefit of Thames Water’s undertaking.

OPERATIVE PROVISIONS

1. DEFINITIONS AND INTERPRETATION

1.1 In this Deed the following words and expressions have the following meanings:

“Balancing Pond” the balancing pond situated on the Property in the

location shown [edged] [green] on the Plan

“Conditions” the conditions in Part 2 of Schedule 1

“Covenants” the covenants in Schedule 2

“Event” the receipt by the Grantor of any written claim from

a third party that is likely to give rise to a claim by
the Grantor against Thames Water under
paragraph 2 of Part 2 of Schedule 1 and all
matters relating to any such claim

“Exits” the water flow exits located in or near to the

Balancing Pond

“Plan” the plan(s) attached to this Deed [and numbered

[PLAN NUMBER(S)]]

“Property” the land shown [edged] [red] on the Plan, the

freehold interest of which is held by the Grantor and
is [registered under title number(s) [TITLE
NUMBER(S)]][included in a conveyance dated
[DATE] made between (1) [PARTY 1] and (2) [PARTY
2]]

“Rights” the rights in Part 1 of Schedule 1

“Sewer” the surface water sewer in, on, over or under the
Property in the location marked with a [purple] line
between points [A] and [B] on the Plan
 “Structure” the surface water outfall sewer structure in, on, over
or under the Property in the location [marked] [X]
on the Plan

“Undertaking” Thames Water’s undertaking as a sewerage

undertaker under the Water Act 1989

1.2 The clause headings do not affect its interpretation.

1.3 Unless otherwise indicated, references to clauses and Schedules and Parts of Schedules are
to clauses of and Schedules to and Parts of Schedules to this Deed and references in a
Schedule to a Part or paragraph are to a Part or paragraph of that Schedule.

1.4 References to any statute or statutory provision include references to:

1.4.1 all Acts of Parliament and all other legislation having legal effect in the United
Kingdom; and

1.4.2 any subsequent statutes directly or indirectly amending, consolidating,

extending, replacing or re-enacting that statute and also include any orders,
regulations, instruments or other subordinate legislation made under that
statute.

1.5 References to the Property include any part of it.

1.6 “Including” means “including, without limitation”.

1.7 “Indemnify” means to indemnify against all actions, claims, demands and proceedings
taken or made against the party receiving the benefit of the indemnity and all costs,
damages, expenses, liabilities and losses incurred by that party.

1.8 Where two or more people form a party to this Deed, the obligations they undertake may
be enforced against them all jointly or against each individually.

1.9 If any provision is held to be illegal, invalid or unenforceable, the legality, validity and
enforceability of the remainder of this Deed is to be unaffected.

1.10 The parties to this Deed do not intend that any of its terms will be enforceable by virtue of
the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.

2. RIGHTS GRANTED

The Grantor grants Thames Water the Rights subject to the Conditions for the benefit of
the Undertaking.

3. COVENANTS

The Grantor covenants with Thames Water for the benefit of the Undertaking to bind the
Grantor’s interest in the Property that the owners of the Property will comply with the
Covenants.

4. AGREEMENTS

Thames Water and the Grantor agree as follows:

4.1 section 62 Law of Property Act 1925 and the rule in “Wheeldon v Burrows” do not apply to
this Deed and no legal or other rights are granted over the Property by this Deed except
for those expressly granted by this Deed;

4.2 [the Sewer and Structure belong to or will belong to Thames Water when they become
vested in Thames Water by virtue of a vesting declaration made under Section 102 of the
Water Industry Act 1991];
4.3 the Rights are in addition and without prejudice to Thames Water’s statutory rights and
powers;

4.4 any of the parties can require any dispute in relation to this Deed to be decided by an
independent arbitrator. If the parties do not agree on who should decide any dispute, the
arbitrator will be appointed by the President of the Royal Institution of Chartered Surveyors
on the application of any of the parties. The arbitration must be conducted in accordance
with the Arbitration Act 1996; and

4.5 Thames Water will not be liable to pay any compensation as a result of its exercise of the
Rights except as required under the provisions of this Deed.

4.6 nothing in this Deed shall in any way restrict or derogate from the duties rights or powers
of the parties under the Section 104 Agreement in relation to the Sewer or the duty of the
Grantor to maintain the Sewer until it shall vest in the Thames Water or from the discretion
of Thames Water as to whether the Sewer should or should not at any time be subject of a
vesting declaration

5. LAND REGISTRY APPLICATION

The Grantor consents to Thames Water’s application to HM Land Registry to register this
Deed against the title number(s) of the Property.1

This document is executed as a deed and delivered on the date stated at the beginning of this
document.

1
If the freehold interest is unregistered, this Deed should be registered as a central land charge.
 SCHEDULE 1
Rights and Conditions

Part 1 Rights

1. Sewer and Structure

The right at all times to keep, retain, connect into and use the Sewer and the Structure for
the passage of surface water.

2. Discharge of surface water

The right at all times:

2.1to discharge varying amounts of surface water into the Balancing Pond through the
Sewer and the Structure

2.2 to retain and to the free flow and passage of surface water through and across the
Balancing Pond

2.3 to have the surface water in the Balancing Pond discharge via the Exits into a pipe (if
any), canal pond, watercourse or underground strata

3. Entry

The right to enter and remain upon so much as is necessary of the Property on reasonable
prior notice (except in case of emergency) with or without plant and equipment to:

3.1 inspect, repair, cleanse, maintain, alter, replace, renew, clean, connect to and sever
connections with the Sewer and Structure; and

3.2 take samples from and monitor the water quality of the Balancing Pond and any discharge
from the Sewer and the Structure.

Part 2 Conditions

1. Making good

Either:

1.1 making good as soon as reasonably practicable all damage caused to the Property and any
buildings on it from time to time by the exercise of the Rights to the reasonable satisfaction
of the Grantor; or

1.2 paying reasonable compensation to the Grantor for any damage caused by the exercise of
the Rights which is not [capable of being] made good as mentioned in paragraph 1.1 of
this Part 2.

2. Indemnity

Indemnifying the Grantor against all:

2.1 actions, claims, demands and proceedings taken or made against the Grantor and all costs,
damages, expenses, liabilities and losses incurred by the Grantor as a direct result of the
exercise of the Rights; and

2.2 rates, taxes, impositions and outgoings of an annual or recurring nature incurred or
imposed as a result of the exercise of the Rights;

4
 subject to the Grantor:

2.3 providing Thames Water with written notice of any Event as soon as reasonably practicable;

2.4 not settling, compromising or making any admission of liability, agreement or compromise
in relation to any Event or matter which may result in an Event without the consent of
Thames Water;

2.5 providing Thames Water with all information reasonably requested in relation to any claim
under this paragraph 2;

2.6 taking all such actions as Thames Water may reasonably request to dispute, resist, defend,
appeal, settle, compromise, remedy or mitigate any Event or matter which may result in
an Event;

2.7 if requested by Thames Water, allowing Thames Water exclusive conduct of all proceedings
in relation to any Event in the name of and on behalf of the Grantor, at the cost of Thames
Water; and

2.8 taking reasonable steps to mitigate any loss that may result in a claim under this
paragraph 2.

5
 SCHEDULE 2
Covenants

1. Damage

The Grantor must not do, cause or permit to be done in, on, under or over the Property
anything which is likely to damage the Sewer or the Structure and to use all reasonable
endeavours to prevent any such damage.

2. Allow exercise of the Rights

The Grantor must not do, cause or permit to be done in, on, under or over the Property
anything which is likely to restrict Thames Water’s exercise of the Rights and to use all
reasonable endeavours to prevent any such restriction.

3. Blockages

The Grantor must not do, cause or permit to be done in, on, under or over the Property
anything which is likely to cause a blockage of the Sewer or the Structure or the Exits or
restrict the free flow and passage of surface water into the Balancing Pond and through
and across the Balancing Pond to the Exits.

4. Maintenance of free flow of surface water

To keep the Sewer, Structure and Exits free from blockages and ensure the free flow of
surface water through, across and within the Balancing Pond.

5. Use of the Balancing Pond

The Grantor must not allow the Balancing Pond to be used other than as a balancing facility
for the purposes of the Undertaking.

6. Indemnity

The Grantor must indemnify Thames Water in relation to the Grantor failing to comply with
its obligations under paragraphs 1 to 5.