PROPOSED NATURAL GAS PIPELINE DEVELOPMENT AND …operate an 8 kilometre (km) high pressure natural...

PROPOSED NATURAL GAS PIPELINE DEVELOPMENT

AND ABOVE GROUND INSTALLATION

SPALDING TO WRAGG MARSH

SPALDING ENERGY EXPANSION LIMITED (SEEL)

PLANNING STATEMENT

FEBRUARY 2010

Spalding Energy Expansion Pipeline Application Spalding Energy Expansion Limited

Planning Statement - February 2010 1

CONTENTS 1.0 INTRODUCTION ...............................................................................................2

2.0 LOCATION, SITE, PLANNING HISTORY ............................................................3

2.1 Location...........................................................................................................3

2.2 Power Stations & Application Site ...................................................................3

2.3 Planning History ..............................................................................................5

3.0 PROPOSED DEVELOPMENT ............................................................................6

3.1 Summary .........................................................................................................6

3.2 The Development ............................................................................................6

3.3 Associated Infrastructure.................................................................................8

3.4 Consultation and Liaison .................................................................................9

3.5 EIA Outcomes .................................................................................................9

4.0 DEVELOPMENT PLAN ....................................................................................10

4.1 Summary .......................................................................................................10

4.2 East Midlands Regional Plan 2009................................................................10

4.3 South Holland Local Plan (2006)...................................................................16

5.0 OTHER MATERIAL CONSIDERATIONS ...........................................................22

5.1 Summary .......................................................................................................22

5.2 Government Planning Policy .........................................................................22

5.3 Compliance with National Planning Policy.....................................................24

5.4 National Policy Statements, the Regime for NSIPs .......................................25

5.5 Government Energy and Climate Change Policy ..........................................26

5.6 Compliance with Climate Change and Energy Security Policy......................30

5.7 South Holland Local Development Framework..............................................30

5.8 Conclusions on the Development Plan and Other Material Considerations ..31

6.0 CONCLUSIONS ..............................................................................................32

Appendices Appendix 1 Location of Proposed SEE Site (SEE ES Figure 1.1) Appendix 2 ES Non Technical Summary of Key Environmental Impacts and Mitigation

Measures



1.0 INTRODUCTION 1.0.1 This Planning Statement (Statement) accompanies an application for planning permission

(Application) to South Holland District Council (SHDC) by Spalding Energy Expansion Limited (SEEL), an affiliate of Spalding Energy Company Ltd (SECL). SECL and SEEL are both subsidiaries of InterGen, the UK’s largest independent gas-fired power producer, with three plants that provide 6% of the Country’s average demand. The Application is for planning permission under the Town and Country Planning Act 1990 (TCPA 1990) to construct and operate an 8 kilometre (km) high pressure natural gas pipeline (Pipeline) and to extend the existing Wragg Marsh Above Ground Installation (AGI) to support a new Minimum Offtake Connection (MOC) and a new Minimum Offtake Facility (MOF), collectively referred to as the proposed Development. The location of the proposed Development is shown outlined in red, on the Pipeline Application Drawing (Drawing BPA-6851-P-MAP Rev C). SECL owns and operates the existing SECL gas-fired power station; which is served by a gas pipeline linked to the gas national transmission system (NTS) at the existing Wragg Marsh AGI.

1.0.2 The Application is also accompanied by an Environmental Statement (ES) prepared in

accordance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, as amended, and a Design and Access Statement as required under the Article 4C of the Town & Country Planning (General Development Procedure) Order 1995.

1.0.3 On 31 March 2009, SEEL submitted an application to the Secretary of State for Energy and

Climate Change (DECC) for Section 36 Consent under the Electricity Act 1989 (Section 36 Consent) and for deemed planning permission under Section 90(2) TCPA 1990 (SHDC reference H16/0241/09) to develop a 900 megawatt (MW) combined cycle gas turbine (CCGT) electricity generating plant on land to the south of the existing SECL power station at West Marsh Road, Spalding, Lincolnshire known as the Spalding Energy Expansion (proposed SEE). The Section 36 application for the proposed SEE is accompanied by an ES. The proposed Development, which is the subject of this Application, is designed to supply the proposed SEE with natural gas (gas).

1.0.4 This Statement begins by describing the location of the Application Site and its environs

(Section 2). This is followed by a brief description of the proposed Development, its purpose and the key potential environmental effects, as reported in the accompanying ES (Section 3). Section 4 provides an overview of national energy and climate change policy and the need to build additional thermal generating plant in addition to the expansion of renewable capacity. In Section 5, the proposed Development is assessed against the development plan involving consideration of policies in the East Midlands Regional Plan 2009 (EMRP) and the South Holland Local Plan 2006 (SHLP). Other material considerations are also briefly considered in Section 6 including Government planning and energy policies.

1.0.5 The key issues against which the Application is to be considered involve:

- Energy Security and Climate Change; - Land Use; - Environment; and - Economic Development.

The conclusion finds that the proposed Development complies with the development plan and Government policy (Section 7).



2.0 LOCATION, SITE, PLANNING HISTORY 2.1 Location

East Midlands Region and Lincolnshire 2.1.1 For policy purposes, the East Midlands Region is divided into five sub-areas. The Application

Site is situated in the County of Lincolnshire, which is part of the Eastern Sub-Area (ESA). Lincoln is both the County town and one of the Region’s five Principal Urban Areas (PUAs). Spalding, along with Boston and Grantham, to the north and north west respectively, is a sub-regional centre (SRC).

South Holland District and Spalding

2.1.2 South Holland District is one of the Lincolnshire’s Coastal Districts. The District is largely

rural; described in the South Holland District Local Plan (SHLP) as primarily Fenlands, of which about 80% is Grade 1 agricultural land, interconnected by raised banks and corridors of watercourses, sea defences and roads (SHLP 2.10/11).

2.1.3 Spalding is the largest settlement in the South Holland District; it is situated about midway

between Peterborough and Boston on the A16, approximately 30 km from the A1. Spalding is described in the SHLP as being where major development will be concentrated and as the commercial, cultural, employment and administrative centre for the District and the focus of communication routes. The town has developed mainly to the west of the River Welland and the Coronation Channel. The River Welland catchment contains a range of sites designated for environmental interest, including Vernatts Drain.

2.1.4 The A16 provides access westwards via the B1180 Wardentree Lane and West Marsh Road

to the existing SECL power station and to the adjoining proposed SEE application site. 2.2 Power Stations & Application Site

SEE Site

2.2.1 The location of the proposed SEE site is shown in Appendix 1, comprising an area of 14

hectares bounded to the east partly by West Marsh Road and partly by a vacant parcel of land, to the north by the existing SECL power station and National Grid (NG) sub-station, to the west by Vernatts Drain and to the south by a further vacant parcel of made ground, and contiguous to existing employment development. A new Gas Reception Facility (GRF), including a Pressure Reduction Facility (PRF), is a constituent part of the proposed SEE and is included within the Section 36 consent application referred to at paragraph 1.0.3. The GRF will receive the imported gas delivered by the proposed Pipeline before it is transferred to the proposed SEE.

2.2.2 The existing SECL power station is connected to its own GRF situated on the east side of

West Marsh Road, which, in turn, is connected to the AGI at Wragg Marsh by an 8 km long, 406 mm underground gas pipeline. At Wragg Marsh AGI, the existing gas pipeline is connected to the gas National Transmission System (NTS) No. 7 Feeder, via a Minimum Offtake Connection (MOC); this is controlled by National Grid. Wragg Marsh MOF and the existing pipeline were constructed in 2003 at the same time as the SECL power station.

2.2.3 The existing SECL power station is connected to the electricity distribution network via the

Walpole to West Burton section of the 400 kV national grid, about 5.5 km distant. The overhead high voltage cables cross West Marsh Road and the River Welland, before turning north eastwards near Weston and then turning north north east, crossing Weston Marsh and joining the main line about 2.5 km north west of Moulton Seas End.



Application Site and Pipeline Corridor Route 2.2.4 For the most part, the route of the proposed Pipeline runs parallel to the south-west of the

existing gas pipeline. However, differences between the start and end points of the existing gas pipeline and the proposed pipeline, together with operational and land assembly issues and regulatory requirements necessitate the adoption of separate routes for each. The existing SECL pipeline and proposed Pipeline are shown on Drawing reference BPA-6851-P-MAP Rev C while Drawings BPA-6731-P-LYT Rev D and BPA-6732-P-LYT Rev D show the proposed layout of the extended AGI and Drawing reference 08157-05 Rev 1 provides elevations of the proposed AGI.

2.2.5 The EIA process has assessed a corridor route (“the Corridor”) which extends 200 metres either side of the centre line of the proposed Pipeline which comprises the ‘limits of deviation’ within which the Pipeline will eventually be constructed within a working width of 30 metres, widening to 55 metres, at special crossings such as roads and watercourses. However, planning permission is sought for the construction and operation of a pipeline that will be laid within a 7 metre wide easement corridor. The 7m easement allows for the excavation of the pipeline trench within which the pipeline will be laid and backfilled (or a tunnel beneath special crossings) and operational access for maintenance purposes along the pipeline route.

2.2.6 The pipeline route commences at the southern boundary of the proposed AGI extension at

Wragg Marsh, before crossing beneath Wragg Marsh, Moulton Marsh, Weston Marsh, Stone Gate Road, Wykeham Lane, Wykeham Drain, before passing underneath the A16, West Marsh Road and the River Welland; terminating at the eastern boundary of the proposed SEE application site boundary. ES Figure 4.1 (Maps 1-4) illustrates the proposed route, the indicative centre-line of the Pipeline and the extent of the ‘limits of deviation’. A detailed description of the Pipeline Corridor and the crossing points is provided in ES paragraphs 4.8-4.16.

2.2.7 The Corridor route is very flat and dominated by arable farmland with occasional areas of

grassland at the field margins and small blocks of scrub and woodland. The Corridor crosses a number of watercourses of varying sizes and water levels, some of which have a dense marginal fringe of common waterside grasses and sedges (ES paragraph 10.27). This landscape is of national agricultural significance (ES paragraph 13.45) and the land along the pipeline route is currently under intensive agricultural production (ES paragraph 7.54). There are 7 farm holdings within the EIA study area which may be directly affected by the construction of the pipeline and AGI extension. The proposed Corridor does not pass through any nationally or locally designated ecological sites, though there are a number of designated sites in the wider area (ES paragraph 10.28). These sites are identified in ES Figure 10.1 and include Surfleet Lows SSSI, a wet alluvial meadow that lies approximately 3.5 km to the north west of the southern end of the Corridor. Other sites of ecological interest include Vernatts Local Nature Reserve (LNR) and Site of Local Nature Conservation Interest (SNCI), situated less than 1 km southwest of the Corridor; Pinchbeck Marsh SNCI, about 1 km north of the southern end of the Corridor; and Spalding Cemetery SNCI, about 1 km southwest of the southern end of the Corridor (ES paragraph 10.31). The Corridor supports a number of habitats and floral and faunal species; these are described in ES Chapter 10.

2.2.8 Archaeological and cultural features within the Corridor are limited, though Wykeham Chapel,

a Scheduled Ancient Monument (ref SM 33131), is located within approximately 250m of the proposed Corridor (ES paragraph 4.33). The Corridor crosses two public Rights of Way; a footpath (no. WSTN/7/1), close to Bottom Yard and a bridleway, (no. SPAL/14/2) adjacent to the River Welland (ES paragraph 4.36). The landscape within which the entire Development is situated is undesignated. AGI Extension

2.2.9 The proposed AGI Extension will be situated on an undeveloped area of land currently in arable agricultural use directly to the west of, and adjoining, the existing Wragg Marsh AGI. . The existing AGI compound is approximately 0.44ha, and the proposed extension of this area approximately 0.08ha, giving a total site area of the extended AGI facility of approximately



0.52 ha. The additional built footprint will be no greater than 250m2. The proposed AGI will be situated within the existing and extended AGI areas. Vehicular access to the AGI is provided via Carrington Road.

2.2.10 The existing AGI takes the form of security fenced compound containing above ground

pipework, valves and a small building. The security fence is 2.4 metres high; the existing AGI does not extend above the fence-line, with the exception of lighting columns and a security camera column. A mound to the south-east of the existing AGI has been planted with young woodland which reduces visibility of the AGI from the south and east (ES paragraph 13.48).

2.3 Planning History

2.3.1 In 1996, InterGen sought Section 36 Consent from the Secretary of State for the existing SECL power station and pipeline construction authorisation under the Pipelines Act 1962 to lay a gas pipeline (the existing gas pipeline). National Grid (NG) sought consent under Section 37 of the Electricity Act 1989 to build the 400 kV overhead transmission line (OTL) connection to the national grid. The existing SECL power station application was approved on 15th November 2000, the existing gas pipeline on 15th December 2000. An application for the associated Wragg Marsh MOF (the Existing MOF) was submitted to SHDC and approved on 8th January 2002.

2.3.2 On 31 March 2009, SEEL submitted an application under Section 36 to the Secretary of State

seeking consent for the proposed SEE. The application is registered and pending determination.

2.3.3 On 30th October 2008, an application was submitted to SHDC by Rand & Howtin for outline

planning permission for B1, B2, B8 employment uses, with open storage, vehicle parking, car showroom and a petrol filling station (H16-1117-08). This application was approved by SHDC on 23rd December 2008. Should the proposed SEE be consented and built, then the area related to the Rand & Howtin application will be much reduced and will not be developed in that form.



3.0 PROPOSED DEVELOPMENT 3.1 Summary 3.1.1 This section describes the proposed Development and refers to information relating to

consultation and the EIA outcomes. The proposed Development was informed by a Pipeline Feasibility Study1 which in turn supported the development of a conceptual design, both completed for SEEL in 2008 by specialist pipeline company BPA. As stated earlier (Statement 1.0.3), the sole function of the proposed Development is to provide the proposed SEE with a secure supply of natural gas.

3.2 The Development 3.2.1 The Feasibility Study for the pipeline route, reported in Chapter 3 of the ES (paragraphs 3.29–

3.39) concluded that the application route was chosen for the following reasons:

- the proposed pipeline would be laid on a proven route with adequate access facilities;

- there will be minimal land sterilisation, due to the proximity to the existing SECL pipeline;

- the proposed pipeline route has the least number of special crossings of all of the pipeline routes considered, limiting environmental disturbance; and

- the cathodic protection/AC corrosion mitigation requirements will be more easily manageable, as it is envisaged that the existing SECL pipeline cathodic protection system will be used for the proposed pipeline.

3.2.2 The proposed Pipeline Corridor was selected to minimise the environmental impact of the

proposed Development as a whole, avoiding sensitive and/or valuable environmental features. Informed by detailed design mitigation, the Corridor closely follows the route of the existing pipeline.

3.2.3 The main items of plant listed below, for which planning permission is sought, are also

described in the ES in Chapter 4; these are:

Pipeline - 8 km (approximately) of buried welded steel pipeline up to 457 mm OD, with a design

operating pressure of 90.1 barg; the depth of cover will be not less than 1.1 metres in agricultural land and 2 metres under roads. At watercourse crossings, the minimum depth of the proposed pipeline will be 1.6 metres (a minimum trench depth of 1.7 metres).

AGI Extension - 0.08ha extension to the existing AGI compound, to accommodate, a minimum offtake

connection (MOC) and a minimum offtake facility (MOF) comprising additional built footprint of no more than 250m2:

- gas pipe work, valves, pigging facilities, instrumentation kiosk/s; - a new MOC to provide connectivity to the existing No. 7 NTS Feeder; and - 2.4m high security fencing around the facility and a post and wire fence around

the boundary of the site, supported by a 6m high, steel, pole-mounted security camera.

- Installation or modification of support services such as telemetry, electrical power,

instrumentation and cathodic protection.

1 Spalding Energy Expansion – Gas Pipeline Feasibility Report, BPA, November 2008.



- Landscaping and biodiversity enhancement in the area between the MOF Extension’s

security fence and the post and wire fence. This element will be agreed in consultation with SHDC.

3.2.4 The detailed design process may result in some minor refinement of the proposed pipeline

route which is the subject of this Application, however, it is not anticipated that the proposed pipeline will diverge to any material extent from that shown in Drawing BPA-6851-P-MAP Rev C. Importantly, the ES assesses the environmental impact of development occurring within a 400 metre wide corridor although, for purposes of this Application, the area within which operational development will occur is described in paragraph 2.2.5. Any divergence of a minor nature from the pipeline route shown on Drawing BPA-6851-P-MAP Rev C can be addressed by agreement with SHDC.

Construction

3.2.5 Construction is a rolling process of site preparation, excavation, pipeline stringing, welding,

inspection and coating, pipeline installation and reinstatement over short sections. The construction programme and activities, including those relating to construction traffic, are fully described in Chapter 5 of the ES. In order to minimise environmental impacts, all construction activities will be conducted in accordance with a Construction Environmental Management Plan (CEMP) (ES paragraphs 6.18-6.23).

3.2.6 It is anticipated that a peak labour force of approximately 120 personnel will be present on

site, at the busiest construction period, including all contractors and sub contractors. Over the entire construction period, it is estimated that up to 200 people will be employed (ES paragraph 5.109).

3.2.7 Personnel and on site activities will be supported by a range of plant; usage during

construction will peak at approximately 100 plant items, including wheeled and tracked excavators, tractors, trailers, cranes, bulldozers and welding and drilling machinery (ES paragraph 5.113). HGVs and conventional 4x4 type vehicles will also be deployed to the site during the construction phase; further information on transportation is provided in Chapter 14 of the ES.

3.2.8 The normal site working hours will be as set out in ES Table 5.2, also presented below:

Table 3.1: Working hours

Day of the Week Working Hours

Monday to Friday 0700 to 1900

Saturday 0700 to 1700

Sunday and Bank Holidays Work not generally permitted

No work will take place outside these hours except by agreement with SHDC or in emergency situations.

3.2.9 The following temporary development activities are required in order to support the proposed Development:

Temporary Site Establishment Area (SEA) and one or more Pipe Storage Compounds (PSCs)

3.2.10 During construction of the proposed pipeline a temporary fenced working width 30 metres

wide will be adopted, within which construction/excavation along the proposed Pipeline route will occur (ES paragraph 4.43). An increased working width area will be required around the AGI extension (ES paragraph 4.46) and approximately 21 special crossing areas.



3.2.11 The pipeline construction contractor will be responsible for identifying a suitable location for a

temporary site establishment area (SEA). The site of the SEA will contain temporary offices and storerooms, storage areas, workshops and/or designated areas for welding, waste storage and oil storage facilities.

3.2.12 In addition to the SEA, one or more temporary PSCs will be needed. These sites will be used

to store the pipe sections between delivery to the area and transportation down the working width. To support the construction of the AGI extension, a temporary laydown and compound area will need to be created, to the north east of the Existing AGI area.

3.2.13 The precise location of the SEA, PSCs, welfare facilities and access arrangements will be

discussed and agreed with SHDC, the Environment Agency (EA) and Highways Authority (HA) during the detailed design stage. Provided the SEA is situated within or immediately adjacent to the pipeline application area and adjoining the working width of the pipeline route, planning permission from SHDC will not be required for these works. Planning permission for the PSCs area will also not be required for the same reasons Nevertheless, these areas have been considered within the EIA process.

3.2.14 The assessment presented in the ES is sufficiently encompassing that any minor changes are

anticipated to be within the parameters of the current ES. ES paragraph 2.49 confirms that where detailed design issues have yet to be determined (e.g. exact diameter of pipe) any resulting uncertainty in assessing likely significant environmental impacts has been addressed by using the largest pipe size.

Temporary Access Roads

3.2.15 Temporary access roads between public highways and the ‘working width’ area may be required in places along the proposed Pipeline route to aid the movement of machinery and materials. Typically, a temporary access road consists of a layer of crushed stone or sand overlaying a geotextile membrane, or bog mats. Trench Excavation

3.2.16 The pipeline trench will be excavated using mechanical excavators; its depth will be variable,

though a minimum reinstated cover of 1.1 metres above the proposed Pipeline, to the surface, will be provided for. Operation

3.2.17 Once constructed, the proposed Development will be periodically visited as part of scheduled and unscheduled maintenance visits. During the operational phase, there will be very few vehicular movements to and from the Site.

3.3 Associated Infrastructure 3.3.1 The proposed Development and the proposed SEE will be part of a more extensive gas

distribution and power generation system. The ES Chapter 16 reports on the potential indirect, secondary and cumulative effects arising from the proposed Development’s interaction with a range of associated infrastructure namely:

- the proposed SEE - new overhead transmission line

- possible future carbon capture and storage (CCS) requirements including carbon

capture plant and transport infrastructure options

- on site CHP plant and associated offsite infrastructure.



3.3.2 A summary description of the proposed SEE and its construction is contained in the ES at paragraphs 16.15-16.28. A new OTL will be required in order to provide a connection to the Walpole-West Burton 400 kV line, which comprises part of the national grid. Once a route is determined, this development will be subject to a separate application under Section 37 of the Electricity Act 1989 or the Planning Act 2008 (ES paragraphs 16.29-16.35).

3.3.3 ES paragraphs 16.36-16.66 explain that CCS is a process by which the CO2 emitted when

burning fossil fuels can be captured, transported and permanently stored in suitable geological formations. SEEL commissioned a carbon capture readiness (CCR) Assessment which accompanied the application for Section 36 Consent for the proposed SEE and was subsequently updated in January 2010. The CCR Report2 confirmed that it is technically feasible to retrofit post-combustion CCS to the proposed SEE project, that there is sufficient land for the installation of CCS equipment and that it is technically feasible to transport the CO2 by pipeline to a suitable location on the East Coast and to store CO2 offshore. The proposed SEE also has the potential to utilise waste heat; future infrastructure may include the development of Combined Heat and Power (CHP); this was confirmed by a feasibility assessment3 concluded in March 2009 as part of the proposed SEE.

3.4 Consultation and Liaison

3.4.1 The proposed Development has been the subject of extensive consultation, particularly with SHDC and the EA. A range of consultations have been undertaken in order to ascertain the interests and concerns of key organisations and authorities and to assemble initial data for the EIA. The wider community were invited to comment on the proposed Development at a public exhibition held in Spalding on 9th July 2009.

3.4.2 Consultation on the infrastructure connections required for the proposed SEE, including the

proposed Development, has also been undertaken as part of the formal Section 36 Consent application process. This has included public exhibitions, held in Spalding in November 2008 and March 2009, prior to the submission of the Section 36 application to the Secretary of State on 31st March 2009. The application was accompanied by a Statement of Community Involvement (SOCI) which summarised the consultation activity undertaken and this has been updated to include reference to consultation on the proposed pipeline. The updated SOCI accompanies this application.

3.4.3 An EIA Scoping and Consultation Report dated 3rd April 2009 was submitted to SHDC,

outlining the surveys and assessments to be undertaken and identifying the potential environmental impacts of the proposed Development. A Scoping Opinion was received from SHDC on the 14th May 2009. The Scoping Opinion confirmed that the proposed approach and methodology were acceptable. A summary of the key issues raised in the Scoping Opinion is provided in ES Table 2.1.

3.5 EIA Outcomes 3.5.1 The ES sets out for each of the topics considered in Chapters 7-15, the assessment

methodology, baseline conditions, potential impacts, mitigation measures, impact assessment of residual environmental effects (construction and operation), monitoring measures and a summary of the potential impact, mitigation, means of implementation and the outcome/residual effects. A summary of the potential impacts of the proposed Development is set out in the ES non technical summary repeated in Appendix 2. The majority of environmental impacts associated with gas pipelines arise during the construction phase; these are generally temporary, short term and localised. The proposed Pipeline and AGI extension have been designed to avoid areas of environmental sensitivity.

2 Spalding Energy Expansion Carbon Capture Readiness Feasibility Study, Parsons Brinckerhoff Ltd, January 2010. 3 Spalding Energy Expansion CHP Assessment, Parsons Brinckerhoff Ltd, March 2009.



4.0 Development Plan 4.1 Summary 4.1.1 The Planning and Compulsory Purchase Act 2004 (PCPA) introduced powers to give effect to

the Government’s policy on the reform of the planning system, including a requirement for a regional spatial strategy (RSS) for each region in England. The PCPA also provides for the preparation of local development documents (LDDs) by LPAs to replace local plans, unitary development plans and structure plans; until the relevant LDDs are approved, the former plans may be “saved”. LDDs will be specified in a LPA’s local development scheme; when approved, the LDDs will set out policies for the development and use of land, having regard, amongst other things, to the Government’s national policies, the relevant RSS, the LPA’s statement of community involvement, other adopted LDDs and an appraisal of the sustainability of the proposals and a report of the findings.

4.1.2 Section 38(3) of the TCPA stipulates that in England, for any area other than Greater London,

the development plan is:

(a) “the regional spatial strategy for the region in which the area is situated; and

(b) the development plan documents (taken as a whole) which have been adopted or approved in relation to that area”.

4.1.3 PPS1 (Delivering Sustainable Development) states that “Where the development plan

contains relevant policies, applications for planning permission should be determined in line with the plan unless material considerations indicate otherwise” (paragraph 8); clearly Government energy policy is an important material consideration.

4.1.4 The development plan documents relevant to this Application are:

- East Midlands Regional Plan 2009 (EMRP)

- South Holland Local Plan (2006) (SHLP).

Tables 5.1 and 5.2 below contain a summary of the key policies in the respective development plans relevant to the Application for planning permission and an assessment of whether the application proposal complies with each policy.

4.2 East Midlands Regional Plan 2009 4.2.1 The EMRP was published on 12th March 2009 by the Government Office for the East

Midlands; it replaces RSS8 issued in March 2005 (except for paragraphs 1-70 of Section 6 comprising Part A Milton Keynes and South Midlands Sub-Regional Strategy which remains extant); it also replaces all policies in adopted structure plans (including the Lincolnshire Structure Plan) except for the Northamptonshire Structure Plan, Policy SDA1 which remains extant.

4.2.2 Table 5.1 follows the sequence of the EMRP, referring first to the Core Strategy (Polices 1, 2),

second the Spatial Strategy concerning the Distribution of New Development (Policy 3) and Sub-Area Priorities (Policies, 4, 5), third Topic Based Policies (Policies 18, 19, 20, 26, 27, 28, 29, 31, 32, 33, 35, 36, 38, 39, 40) and fourth the Regional Transport Strategy (Policies 43, 45).



Table 4.1: Key policies – East Midlands Regional P lan

Key Policies Summary of Details Proposals Complianc e with Policy

Section 1: Core Strategy

Policy 1 – Regional Core Objectives

Seeks to secure the delivery of sustainable development within the Region through compliance with 11 Core Objectives, including: c) the protection and enhancement of environmental quality in settlements; d) improving the wellbeing of the region’s residents; e) improving economic prosperity, employment and competitiveness; f) increasing access to jobs, homes and services; g) the protection and enhancement of the environment; h) increasing the level of biodiversity; i) reducing the causes and j) impacts of climate change; k) minimising adverse environmental impacts of new development and promoting socio-economic benefits.

The proposed Development in association with the proposed SEE will support the transition to a low carbon economy and the reduction of CO2 emissions; thus it is compatible with the objectives relating to reducing the impacts of climate change. It is an integral part of a larger energy infrastructure project, which includes the proposed SEE, together meeting an established need and representing significant economic investment into the area. Mitigation measures will be adopted in order to reduce the identified potential environmental and amenity impacts, including measures to minimise harm to biodiversity, the agricultural economy, heritage features and the water system (ES Chapters 7, 9,12, 13).

Policy 2 – Promoting Better Design

Requires continual improvements to the layout, design and construction of new development, including in terms of reducing CO2 emissions and providing resilience to climate change.

The proposed Development is an integral part of a highly efficient energy infrastructure development, the proposed Development is designed and sited to minimise environmental harm; it will support CCGT electricity generating infrastructure. The use of natural gas as a fuel is more efficient than coal fired generating plant and therefore produces proportionally fewer CO2 emissions.



Section 2: Spatial Strategy

Distribution of New Development

Policy 3 – Distribution of New Development

Requires development and economic activity to be concentrated around the Region’s five Principal Urban Areas (PUAs), while recognising that “appropriate development of a lesser scale should be located in the Sub-Regional Centres (SRCs)”. It favours the development of previously developed land, but not at the expense of neighbouring PUAs.

Spalding is a sub-regional centre (SRC). Where practicable, the proposed Development uses part of the existing AGI. As an essential part of a larger energy infrastructure project, the proposed Development will support the proposed SEE without compromising other planning objectives.

Eastern Sub-area Priorities

Policy 4 – Development in the Eastern Sub-area

Requires that development should significantly strengthen the role of Lincoln, maintain and enhance Main and Small Towns, consolidate, and where appropriate, strengthen the other SRCs; strengthen the role of food production and distribution industry and enhance the natural and historic environment of the coastal margin.

The provision of secure, reliable forms of electricity is consistent with the sub-regional objectives identified in Policy 4.

Policy 5 – Strategy for Lincolnshire Coastal Districts

Requires that a strategy should be agreed between EMRA, the three coastal Districts, the Environment Agency and others, to consider flood risk and defence works, regeneration needs, infrastructure and funding and the protection of designated sites.

Following the adoption of mitigation measures (ES Table 9.7), Chapter 9 confirms that the potential residual construction and operational impacts on flood risk are of negligible significance. Further mitigation measures proposed in ES will ensure that no adverse significant impacts affect any designated sites.

Section 3: Topic Based Priorities

Policy 18 – Regional Priorities for the Economy

Requires all authorities to encourage and foster the regional economy through implementing the Regional Economic Strategy (RES), raising skill levels, developing the service sector and high value manufacturing and creating innovative businesses.

The proposed Development is compatible with the objectives of Policy 18.



Policy 19 – Regional Priorities for Regeneration

Regeneration should be “focused on areas of greatest identified needs”; such areas must conform with the strategy of urban concentration set out in Policy 3.

South Holland District is one of several “economically rural areas” identified by the Policy. The proposed Development, together with the proposed SEE will contribute to support and sustain regeneration activity, by improving electricity supply infrastructure.

Policy 20 – Regional Priorities for Employment Land

Requires up to date employment land reviews to inform the allocation of a range of sites at sustainable locations; such locations, among other things, should be responsive to market needs, encourage the development of priority sectors identified in the RES as well as sectors which have local economic significance.

The proposed Development is part of an energy infrastructure project which supports a sector of more than local economic significance (power generation and distribution).

Policy 26 – Protecting and Enhancing the Region’s Natural and Cultural Heritage

Policy 26 contains the principle that “the Region’s best and most versatile agricultural land should be protected from permanent loss or damage” and requires the “protection, appropriate management and enhancement of the Region’s natural and cultural heritage”, giving the highest priority to the protection of international and nationally designated assets.

Mitigation measures proposed in ES Chapters 7, 8, 9, 10, 11, 12 and 13 will ensure that no adverse significant impacts will affect any sites or features of natural or cultural heritage value. There will be no significant effect on those assets of international and national importance, including those SSSIs, SAMs, Listed Buildings and protected species identified in the ES, from the proposed Development

Policy 27 – Regional Priorities for the Historic Environment

Requires that the historic environment should be understood, conserved and enhanced, in recognition of its own intrinsic value, and its contribution to quality of life.

Following the adoption of mitigation measures set out in ES, Table 11.6, the residual impacts with mitigation will be not significant.

Policy 28 – Regional Priorities for Environmental and Green Infrastructure

Seeks to ensure the delivery, protection and enhancement of Environmental Infrastructure, setting out how this should be achieved.

Enhancement measures are mainly centred on the AGI, including improvements to the hedgerow resource and creation of species rich grassland, adjacent to the MOF extension ES Table 10.3 confirms that mitigation measures in relation to the proposed Pipeline and AGI extension means that residual effects are unlikely to be significant.



Policy 29 – Priorities for Enhancing the Region’s Biodiversity

Seeks, among other things, a “major step change increase in the level of biodiversity” by adhering to UK Biodiversity Action Plan (BAP) targets, establishing large-scale habitat creation projects, promoting the re-creation of key wildlife habitats in each natural area, establishing green spaces and corridors and implementing mechanisms to ensure no net loss of BAP habitat/species.

The proposed Development adopts mitigation measures designed to avoid and minimise harm to assets of ecological value. Together with enhancement measures, mainly centred on the AGI extension, and including improvements to the hedgerow resource and creation of species rich grassland adjacent to the AGI extension, will produce an increase in biodiversity (ES Chapter 10).

Policy 31- Priorities for the Management and Enhancement of the Region’s Landscape

Requires the highest level of protection for the Region’s nationally designated landscapes and initiatives to protect and enhance other natural and heritage landscape assets.

The proposed Development is not within a nationally designated landscape, nor will it impact any of the Region’s landscapes of the highest importance. ES Chapter 13 confirms that the physical impacts on the immediate, non statutory, landscape will not be significant during the operational phase of the proposed Development.

Policy 32 – A Regional Approach to Water Resources

Among other things, this policy seeks the protection and improvement of water quality, the integrity of nature conservation sites and the minimisation of pollution risk.

A range of mitigation measures, are proposed in ES Chapters 8, 9 and12; these will be adopted to minimise pollution risk, potential residual construction impacts on surface and ground water quality (ES Table 9.7) and to protect the integrity of nature conservation sites. Residual impacts on surface and ground water quality, though temporary in nature, are considered to be of minor significance.

Policy 33 – Regional Priorities for Strategic River Corridors

Requires coordinated approaches to protect and enhance strategic river corridors, including the River Welland and Vernatts Drain.

A range of mitigation measures, are proposed in ES Chapters 8, 9 and 12; these will be adopted to minimise pollution risk, potential residual construction impacts on surface and ground water quality, and to protect the integrity of strategic river corridors, including the River Welland and Vernatts Drain. Residual impacts on surface and ground water quality, though temporary in nature, are considered to be of minor significance.



Policy 35 – A Regional Approach to Flood Risk

Requires consideration of the potential impact of climate change on flooding and land drainage, outlining where development is unlikely to be acceptable.

ES Chapter 9 considers water resources and flood risk. Design and sighting has been undertaken in order to avoid or minimise interactions with water crossings, prevent disturbance to the river bed and flood defences. Construction activities will be undertaken in accordance with an Emergency Response Plan and with the prior agreement of the EA.

Policy 36 – Regional Priorities for Air Quality

Requires the consideration of potential effects of new development on air quality, especially where it has the potential to affect important nature conservation sites.

ES Chapter 12 reports on potential air quality impacts during pipeline construction. It concludes that the adoption of mitigation measures set out will ensure that the Development is compatible with the policy.

Policy 38 – Regional Priorities for Waste Management

Requires the minimisation of waste in the construction and operation of new development and encourages on-site waste management facilities.

To ensure responsible waste management, ES Chapter 12 confirms that a Site Waste Management Plan (SWMP) will be adopted.

Policy 39 – Regional Priorities for Energy Reduction and Efficiency

This policy promotes “a reduction of energy usage in line with the energy hierarchy” and policies and proposals “to secure a reduction in the need for energy, through the location of development, site layout and building design”.

The proposed Development is a fundamental component of the proposed SEE and part of a low carbon energy infrastructure project; it is sited so as to be as close as reasonably practicable to the NTS and existing AGI.

Policy 40 – Regional Priorities for Low Carbon Energy Generation

Promotes the development of CHP and district heating infrastructure necessary to achieve the minimum regional target of 511 MWe by 2010 and 1120 MWe by 2020, along with the development of a distributed energy network using low carbon and renewable resources. Low carbon energy proposals are to be supported in locations where environmental, economic and social impacts can be addressed satisfactorily.

The proposed Development, as part of the proposed SEE, is compatible with the development of low carbon resources in locations where impacts can be satisfactorily addressed. A viability assessment undertaken for SEEL in March 2009 concluded that the subsequent development and use of waste heat is technically feasible (this Statement paragraph 3.3.3).



Regional Transport Strategy (RTS) Policy 43 – Regional Transport Objectives

Sets objectives which transport infrastructure and services across the region should be consistent with. Among other things, the policy promotes improvements in safety and air quality and reductions in congestion and carbon emissions through a shift away from private car use.

Mitigation measures set out in ES Chapter 14, including the adoption of a Transport Management Plan (TMP), will ensure that any impacts are temporary (during construction phase only) and acceptable. All plant in use on site will comply with the Clean Air Regulations; Dust, mud emissions etc will be controlled by the adoption of a Construction Environmental Management Plan (CEMP), to acceptable levels.

Policy 45 – Regional Approach to Traffic Growth Reduction

Seeks a progressive reduction over time in the rate of congestion growth in the Region, setting out measures which should be promoted to achieve this target.

The proposed Development will not have any significant effect on congestion growth trends in the Region.

4.3 South Holland Local Plan (2006) 4.3.1 The SHLP was adopted by SHDC on 18th July 2006; it provides a comprehensive statement

of planning policies for the development and use of land until 2021. It is stated in the SHLP that when it was adopted, the Lincolnshire Structure Plan 1981 together with its Alteration No. 1 1990 and Alteration No. 2 1994 were extant together with The Regional Spatial Strategy for the East Midlands (2005), (RSS 2008). The SHLP notes that the adoption of the replacement structure plan was imminent and that SHDC had regard to emerging policy documents where possible in preparing the Local Plan. At a SHDC Cabinet meeting of 13th January 2009, members approved a resolution to make a request to the Secretary of State that she direct that certain policies in the SHLP be saved after the expiry of 3 years from the SHLP adoption. The minutes of that meeting were ratified by SHDC Cabinet at its meeting on 24th February 2009; these policies were subsequently confirmed as having been saved by a Direction from the Secretary of State on 18th July 2009.

4.3.2 Table 4.2 follows the sequence of the SHLP, referring first to the Core Strategy and General

Policies (Policy SG1), locational considerations (Policy SG2, SG3, SG4), energy drainage, sewerage and pollution (SG11, SG12), designed layout (SG14), access and parking (SG15, SG16), amenity (SG17, SG18), economy (EC3), environment (EN1A), leisure, recreation, tourism (LT3) and transport (TC2).



Table 4.2: Key policies - South Holland Local Pla n.

Key Policies Summary of Details Proposals Conformity

Core Strategic and General Policies

Sustainability

Policy SG1 – General Sustainable Development

Development should be consistent with the principles of sustainable development; it should leave the quality of life for residents unimpaired or enhanced; reasonable measures should be taken to conserve energy and natural resources; development should not damage the character and main environmental assets of an area.

The proposed Development will support the transition to a low carbon economy and the reduction of CO2 emissions. Mitigation measures will be adopted in order to reduce the identified potential environmental and amenity impacts, including measures to minimise harm to the character and main environmental assets of the area; thus it is compatible with the principles of sustainable development.

Locational Considerations Policy SG2 – Distribution and Development

Requires that proposals should adopt a sequential approach, with priority given to previously developed land/buildings within settlements; make efficient use of land and where necessary be served by a choice of transport modes and should be acceptable in terms of traffic generation and road safety.

The proposed Development is energy infrastructure associated with the proposed SEE that is being undertaken on previously developed land. Development adjacent to the Existing AGI is justified, given the absence of sufficient available land within the compound to accommodate all of the proposed Development.

Policy SG3 – Settlement Hierarchy

This policy confirms that Spalding is the District’s principal urban settlement and that it will be the main location for new development.

The Development is compatible with the spatial objectives of the policy.

Policy SG4 – Development in the Countryside

Stipulates that, in the countryside, planning permission will only be granted for development which is essential in the proposed location and cannot be reasonably accommodated within defined settlement limits, also that the need for development outweighs the impact and that no other solution exists.

Development adjacent to the Existing AGI is justified, given the absence of available land within the existing AGI compound to accommodate the whole of the proposed AGI. The pipeline corridor could not be accommodated within the settlement limits, due to physical, economic and operational constraints. To minimise impacts, the proposed Pipeline will pass underground, avoiding any identified environmentally sensitive areas on route to the AGI.




Energy, Drainage, Sewerage and Pollution Policy SG11 – Sustainable Urban Drainage Systems (SUDS)

Advises that development should be designed to include surface water management system to mitigate any adverse effects, while other considerations include long term maintenance and mitigation where necessary to attenuate adverse effects on people and habitats.

The proposed Development will be constructed in accordance with relevant Pollution Prevention Guidelines (PPGs) and other best practice. Pre construction drainage will be installed; other mitigation measures are described in ES Table 9.7.

Policy SG12 – Sewage and Development

Requires effective provision for the collection, treatment and disposal of sewage and for development to be served by mains wherever possible.

Where necessary and available, connections to existing sewer systems will be sought, subject to the consent of the statutory undertaker. Cess pits will be used where a foul drainage system is not available. These will be emptied regularly and treated/disposed off-site. (ES Table 12.13)

Policy SG13 – Pollution and Contamination

States that development will be permitted which does not cause unacceptable levels of pollution of the surrounding area and as necessary provides appropriate treatment of land to clean up pollution and contamination.

Paragraph 6.18 of the ES advises that it will be a contractual requirement that the contractor complies with a CEMP which will include measures to prevent adverse environmental impacts and mitigate unaccepted impacts during construction.

Design and Layout Policy SG14 – Design and Layout of New Development

This policy requires new development to make a positive contribution to architectural and visual quality taking into account local distinctiveness, choice of materials, the pattern of development in the locality, the relationship to nearby buildings, scale, form and height, detailing, effects on amenity of local residents, planting, biodiversity, access, parking, facilities for cyclists/pedestrians, disabled persons, sustainable materials, methods of construction and designing out crime.

The infrastructure will be functional, largely invisible and utilitarian, therefore opportunities for positive architectural enhancement of the proposed Development, element are limited. The choice of materials used for the AGI works, as well as the scale, finish and colouration, will be comparable to those used for the existing AGI. Additional planting along the boundary of the AGI (see paragraph 3.2.1 of this statement) represents an opportunity to improve screening of the proposed Development and increase biodiversity (ES paragraph 13.107).




Access and Parking Policy SG15 – Facilities for Road Users, Pedestrians and Cyclists

This policy requires development to provide safe and convenient access to and within sites for vehicles, cyclists, pedestrians and people with disabilities.

The Transport Management Plan (TMP) will seek to safeguard the safety and amenity of local users; it will be formulated in consultation with the Highways Agency (ES paragraph 14.1) once the location of the SEA is determined (ES paragraphs 14.70-14.76).

Policy SG16 – Parking Standards

Requires appropriate parking and servicing to be provided in accordance with the maximum parking standards detailed in SHLP Appendix 2, recognising that the precise level of provision will be determined by negotiation to reflect the proposed use of the development.

The TMP will address temporary construction parking requirements; it will be formulated in consultation with the Highways Agency (ES paragraph 14.1), once the location of the SEA is determined (ES paragraphs 14.70-14.76).

Amenity Policy SG17 – Protection of Residential Amenity

Advises that development should not cause material harm to residential amenity. Account will be taken of potential noise nuisance, smell, emissions and pollutants.

The EIA considered various potential effects on amenity; where possible the ES reports that avoidance, reduction or mitigation will be possible in order to eliminate or limit the potential harm from smell, dust and other pollutants on residential amenity. The ES confirms that the residual impacts on residential amenity will be limited to temporary noise, traffic and visual amenity impacts on a limited number of residential receptors, during the construction phase; noise levels will be regulated in accordance with the relevant guidelines (such as BS5228). The TMP will seek to protect the amenity of local road users.




Policy SG18 – Landscaping and New Development

Requires new development, where appropriate, to implement a landscaping strategy, protecting trees and hedgerows, adding appropriate tree planting of indigenous species and making provision for wildlife habitats and biodiversity.

Additional planting along the boundary of the MOF (Statement 3.2.1) represents an opportunity to improve screening of the proposed Development and increase biodiversity in the locality (ES paragraph 13.107). ES Table 10.2 sets out other mitigation measures that seek to minimise or avoid harm or disturbance to species or habitats. Where necessary, habitats will be restored, the use of artificial lighting will be minimised and the development during bird breeding season will be avoided.

Economy Policy EC3 – Existing Employment Areas/Premises

Advises that proposals for new development, redevelopment and changes of use for employment uses within curtilages and/or proposals for the expansion of existing employment undertakings will be permitted where they are acceptable in terms of environmental and traffic impact and intrusion into the countryside.

The proposed Development, though not located within a designated employment area, is linked by function, physicality and land use to two employment generating areas (proposed SEE and Existing MOF); as such it is compatible with the objectives of Policy EC3.

Environment Policy EN1A -Development and Sites of Biodiversity Interest

States that development and proposals which will adversely affect the nature conservation value of sites of local biodiversity interest, as shown on the Proposals Map, will only be permitted where the value of the proposed development to the community outweighs the adverse effect on the value of the nature conservation site and the adverse impact is reduced to the minimum that is required to allow the development to proceed.

ES Chapter 10 (Table 10.3) confirms that there will be no significant impacts on assets of nature conservation value or biodiversity interest, nor on any sites identified on the Proposals Map. A range of mitigation measures are proposed, complimented by those in ES Chapter 9 (ES Table 9.8), in order to address the potential impacts during construction; these include habitat re-instatement and species/habitat avoidance measures.




Leisure, Recreation, Tourism Policy LT3 – Recreational Routes, Rights of Way and Disused Railway Lines

Seeks protection, enhancement and extension of rights of way for recreational and nature conservation purposes; improved access from the built up areas into the countryside will be given particular attention.

To minimise temporary disruption to the two Public Rights of Way (footpaths WSTN/7/1 & SPAL/14/2) crossed by the pipeline Corridor, appropriate temporary facilities will be implemented to maintain access for pedestrians and cyclists (ES paragraphs 14.103-107). Should any temporary closures, diversions or access controls be required, these will be agreed with the Rights of Way Officer (ES 14.106). All works will be conducted in consultation with landowners, prior to the commencement of works. (ES paragraph 14.94)

Transport Policy TC2 – Cycling, Cycleways

Requires that development should not prejudice any element of an existing cycleway.

Refer to Policy LT3 above. The TMP will also consider accessibility issues. The construction of open cut trenches may temporarily (during construction phase) disrupt cycle routes; where this is envisaged, access will be maintained by various means including plating across the trench or temporary diversions, if required (ES paragraph 14.128)



5.0 OTHER MATERIAL CONSIDERATIONS

5.1 Summary

5.1.1 Section 5 sets out relevant Government planning policy (PPSs, PPGs, Circulars) which relate mainly to sustainability in land use, climate change and energy, economic development, biodiversity, aspects of the environment which can be affected by development, particularly pollution control and flood risk considerations. Section 5.4 sets out the Government’s emerging planning policy for energy projects of national significance found in the draft National Policy Statements (NPS). Section 5.5 identifies relevant national energy policy which focuses on the twin challenges of climate change and security of energy supply and briefly in Section 5.7 the emerging Local Development Framework position.

5.2 Government Planning Policy

5.2.1 Government policy in respect of land use is set out in planning policy statements (PPSs), planning policy guidance (PPGs), Circulars, White Papers and Ministerial Statements, which are material considerations that should be taken into account where relevant. Paragraphs 6.2.2-6.2.20 provide summaries of PPSs, PPGs and Circulars relevant to the proposed SEE, namely PPS1, Supplement to PPS1, PPS4, PPS9, PPS10, PPS11, PS12, PPG13, PPG15, PPG16, PPS22, PPS23, PPG24, PPS25, Circular 15/97, Circular 5/05, Circular 6/05 and Circular 1/2006. As statements of Government policy, National Policy Statements (NPSs) introduced by the Planning Act 2008 (PA 2008) may also be material considerations that should be taken into account by local planning authorities responsible for the determination of applications for schemes that fall below the PA 2008 Nationally Significant Infrastructure Project (NSIP) qualifying thresholds.

5.2.2 PPS1 – Delivering Sustainable Development (2005) – addresses the Government’s objectives for the planning system, the key principles being social cohesion and inclusion, protection and enhancement of the environment, prudent use of natural resources, sustainable economic development, integrating sustainable development in development plans and delivering sustainable development including spatial plans, design and community involvement. Sustainable economic development necessitates choice, including that LPAs should recognise that economic development can deliver environmental and social benefits which may be wider than local considerations (paragraph 23).

5.2.3 Planning and Climate Change – Supplement to PPS1 (2007) identifies tackling climate change as a Government priority for the planning system. The delivery of sustainable development is to be achieved through spatial strategies, that include contributing to the Government’s Climate Change Programme, providing infrastructure where it is needed, energy efficiency, reduction in emissions, minimising vulnerability and providing resilience to climate change consistent with social cohesion/inclusion, conserving and enhancing biodiversity, reflecting development needs and interests of communities, responding to the concerns of business and encouraging competitiveness and technological innovation in mitigating and adapting to climate change (paragraph 9). It is stated that “The UK is on track”to achieve its Kyoto targets to reduce greenhouse gases (paragraph 4), “carbon dioxide is the main greenhouse gas in the UK” (definition of “emissions”) and policies should promote renewable and “low carbon energy” and supporting infrastructure (paragraph 19). “Low carbon energy” is defined as “waste heat that would otherwise be generated directly or indirectly from fossil fuel” (Glossary definition of “renewable and low carbon energy”).

PPS4 – Planning for Sustainable Economic Growth (2009)

5.2.4 PPS 4 (paragraph 4) defines economic development as including development within B Use Classes, public and community uses, main town centre uses and “other development which achieves at least one of the following objectives”:

- provides employment opportunities - generates wealth - produces or generates an economic output or product



5.2.5 PPS9 - Biodiversity and Geological Conservation (2005) - sets out national policies for the protection of biodiversity and how the conservation of natural heritage is to be reflected in land use planning, when considering applications for planning permission. LPAs should maximise opportunities for building in beneficial biodiversity as part of good design. The most important sites for biodiversity are those identified through international conventions and European Directives.

5.2.6 PPS10 - Planning for Sustainable Waste Management (2005) sets out national policies on

different aspects of land use planning in England concerning the management of waste; its overall objective being “to protect human health and the environment by producing less waste and by using it as a resource wherever possible”, including the consideration of waste management in the site preparation/construction processes. It recommends that proposed new development should be supported by waste management plans which are encouraged to identify the volume and type of material to be demolished and/or excavated, opportunities for the reuse and recovery of materials and to demonstrate how off-site disposal of waste will be minimised and managed (paragraph 34).

5.2.7 PPS11 - Regional Spatial Strategies (2004) sets out policies to be taken into account by Regional Planning Bodies in the preparation of revisions to RSSs following commencement of Part I of the PCPA. Matters to be taken into account include provision for new housing, priorities for the environment and transport, infrastructure, economic development (paragraph 1.3). Annex A is a topic-based list of sources to be taken into account, including, but is not limited to, air quality, biodiversity, climate change, education, energy, environment, health, soil use, sustainable development, waste management and Government policy on energy. Under “energy”, the annex refers to three documents PPS22 (Renewable Energy), Energy White Paper 2003 and the Government’s Strategy for Combined Heat and Power to 2010; the list of documents referred to is expected to change over time and therefore it is reasonable to suppose that more recent Government Statements of energy policy are similarly relevant.

5.2.8 PPS12 - Local Spatial Planning (2008) sets out policies to be taken into account by LPAs in

producing LDDs, Annex B refers to matters which LPAs must consider in the preparation of development plan documents, including resources, utilities, infrastructure and climate change.

5.2.9 PPG13 - Transport (2001) describes its objectives as being to co-ordinate land use, planning

and transport, to promote more sustainable transport choices for both people and movement of freight, promoting accessibility and reducing the need to travel, especially by car.

5.2.10 PPG15 - Planning and the Historic Environment (1994) provides guidance in applying the

provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 to policies for the identification and protection of historic buildings, conservation areas and other historic assets. In the context of this application it is relevant insofar as it gives advice on the setting of listed buildings.

5.2.11 PPG16 - Archaeology and Planning (1990) provides guidance in applying the provisions of

the Ancient Monuments and Archaeological Areas Act 1979 and policies for the identification and protection of archaeological remains and monuments and sets out a process for informed decision making involving remains affected by development.

5.2.12 PPS22 - Renewable Energy (2004) refers to the development of alternative forms of

renewable energy which occur naturally and repeatedly in the environment, while noting that improvements in energy efficiency and the development of CHP will make a vital contribution to the objective of cutting carbon dioxide emissions.

5.2.13 PPS 23 - Planning and Pollution Control (2004) affirms that quality of land, air, or water and

potential impacts arising from development may be a material planning consideration. It distinguishes between planning and pollution control as complementary, in which LPAs will



work on the assumption that the relevant pollution control regimes will be properly applied and enforced (PPS23 10).

5.2.14 Annex 1 to PPS 23: Pollution Control, Air and Water Quality on the matter of planning control

and, in particular, need and alternative sites, begins by stating that “Applicants do not normally have to prove the need for their proposed development, or discuss the merits of alternative sites. However, the nature of polluting or potentially polluting developments and national or regional need for them, or the location of a proposal in an environmentally-designated or sensitive area may make the availability, or lack of availability, of suitable alternative sites material to the planning decision. The assessment of need and of sustainability issues should take into account a comprehensive assessment of social, environmental and economic factors. It should be recognised that the need for a development in a particular location can outweigh negative impacts that would, in other locations, warrant refusing planning permission” (paragraph 1.54).

5.2.15 PPG24 – Planning and Noise (1994) gives guidance on the use of planning powers to minimise the adverse impacts of noise and its effects on the environment and the quality of life, in assessing applications, LPAs should give reasonable consideration to the compatibility of proposed activities with the surrounding uses.

5.2.16 PPS25 - Development and Flood Risk (2006) explains how flood risk should be considered at

all stages of the planning process to avoid inappropriate development in areas at risk of flooding and to direct development away from areas at highest risk. Reference is made to electricity generating power stations, grid and primary sub-stations as falling within the category of essential infrastructure, such that the exception test may be applied within flood risk vulnerability clarification zones 3a/3b. If the sequential test is passed, the plant should be designed and constructed to remain operational and safe for users in times of flooding.

5.2.17 Circular 05/05 – Planning Obligations provides guidance to LPAs in England on the use of

planning obligations under Section 106 Town & Country Planning Act 1990. Annex A sets out the statutory framework for planning obligations; Annex B explains the policies of the Secretary of State and provides guidance on the use of planning obligations which LPAs should taken into account when determining applications and drafting policies.

5.2.18 Circular 06/2005 - Biodiversity and Geological conservation - Statutory obligations and their

impact within the planning system provides administrative guidance on the application of the law relating to planning and nature conservation in England. It compliments PPS9 and the Good Practice Guide. In Part I it deals with the conservation of internationally designated sites, Special Protection Areas (SPAs) (classified under the EC Birds Directive), Special Areas of Conservation (SACs), designated under the Council Directive 92/43 and Ramsar sites listed under the provisions of the Ramsar convention on wetlands of international importance. Part II deals with Sites of Special Scientific Interest (SSSI) and the consultation and notification of processes; Part III covers planning for nature conservation outside designated sites; Part IV deals with the conservation of species and Part V provides advice on other duties and the use of statutory powers.

5.2.19 Circular 1/2006 Guidance on Changes to the Development Control System (2006) provides

guidance on changes to the development control system. Section 3 refers to amendments to the 1990 Act which prohibits, among other things, an LPA from entertaining an application unless it is accompanied by a design statement and an access statement where required. A design and access statement is described at paragraph 6.0 as “a short report accompanying and supporting a planning application to illustrate the process that has led to the development proposal and to explain and justify the proposal in a structured way.”

5.3 Compliance with National Planning Policy 5.3.1 Specific issues addressed in government guidance such as flood risk (PPS25), noise

(PPG24) and biodiversity (PPS9 and circular 06/2005) have been assessed in the ES and there are no significant residual impacts.



5.3.2 The application presents no significant conflicts with any of the above statements of national planning policy. The most directly relevant national guidance to the principle of the Development is PPS1 and its supplement on climate change. The application will facilitate the development of infrastructure which will contribute to a reduction in greenhouse gases whilst responding to the needs of the community and businesses for energy.

5.4 National Policy Statements, the Regime for NSIPs 5.4.1 The Planning Act 2008 has provided for a new planning regime which includes the

establishment of the Infrastructure Planning Commission (IPC) and the publication of NPSs across a range of infrastructure types (energy, transport, water, waste water and hazardous waste). The aim of the new planning regime is to create a faster, fairer and more efficient system for the consideration of proposals for NSIPs. The IPC will be the decision-making body on applications for nationally significant infrastructure projects, as defined in the Act and NPSs are the statements of Government policy that the IPC will use to determine those applications.

5.4.2 The energy suite of NPSs includes an Overarching NPS for Energy (EN1) plus those on

Fossil Fuel Electricity Generating Infrastructure (EN2); Renewable Energy Infrastructure (EN3); Gas Supply Infrastructure and Gas and Oil Pipelines (EN4); Electricity Networks Infrastructure (EN5) and Nuclear Power Generation (EN6).

5.4.3 In cases where development plans have not yet been updated to take account of a particular

NPS, the NPS is likely to be a material consideration which the LPA (and the Secretary of State on appeal or call-in) will have to take into account when determining planning applications. Whether or not the NPS is a material consideration in this or any other circumstance and the weight to be applied to it by the decision-maker will have to be determined on a case by case basis. NPSs may specifically set out policies which will need to be taken into account by decision-makers other than the IPC. LPAs and other decision-makers should therefore take account of those policies when determining applications for consent for below-threshold infrastructure applications or any appeals made under the Town and Country Planning Act regime (as confirmed by DCLG Chief Planning Officer Letter 9 November 2009).

Draft Overarching National Policy Statement for Energy (EN-1) (November 2009)

5.4.4 The Draft NPS provides the overarching policy framework for energy NSIPs. On the matter of

gas infrastructure, the Draft NPS states that:

‘the UK must be able to access reliable supplies of gas and oil. This will support the transition by avoiding interruptions and reducing the risk of avoidable price rises. Gas and oil (which currently supply 75% of the UK’s primary energy needs) will therefore remain key sources of energy in the UK during the transition. The Government’s approach to security of gas and oil supplies includes:

- maximising the economic production of UK gas and oil – a large but declining proportion of

our gas is produced from the UK Continental Shelf;

- improving our capacity to import and store gas by enabling new infrastructure to come forward, along with strategic reinforcement of the UK’s gas and oil pipeline transmission networks; and

- having in place the strategic partnerships to source a diverse range of gas imports.’ (Para 2.1.15)

Draft National Policy Statement for Gas Supply Infrastructure and Gas and Oil Pipelines (EN-4) (November 2009)

5.4.5 Draft NPS EN-4 is concerned with policy on impacts and other matters which are specifically associated with gas supply infrastructure and oil and gas pipelines.



5.4.6 Factors influencing site selection by developers of gas supply infrastructure and oil and gas pipelines are set out in Section 2 of the Draft NPS. They are included to provide the IPC with guidance on the criteria that applicants consider when choosing a site. But the NPS recognises that specific criteria considered by applicants, and the weight they give to them, will vary from project to project. It recognises that energy market participants decide what applications to bring forward and the Government does not seek to direct applicants to particular sites for gas supply infrastructure and oil and gas pipelines. A crucial consideration for the IPC is whether the proposal is in line with EN-1 and this NPS (including the impact considerations they set out).

5.4.7 As the draft NPSs are acknowledged to be a material consideration to infrastructure

developments, they have some relevance to the application and EN-1 and EN-4 are supportive of the type of infrastructure proposed in this planning application.

5.5 Government Energy and Climate Change Policy 5.5.1 Government energy policy is set out in the following documents:

- Our Energy Future - Creating a Low Carbon Economy Cm 5761 (DTI Energy White Paper - 2003)

- UK Climate Change Programme 2006, 2007, 2008.

- The Energy Challenge – Energy Review (2006) Cm 6887

- Meeting the Energy Challenge Cm 7124 (A White Paper on Energy – 2007)

- Towards Carbon Capture and Storage – Consultation (June 2008) - Towards Carbon Capture and Storage – Government Response to Consultation (April

2009)

- The UK Low Carbon Transition Plan – National Strategy for Climate Change and Energy (HM Government, July 2009)

- The UK Renewable Energy Strategy (HM Government, July 2009)

- The UK Low Carbon Industrial Strategy (DECC, DBSI, July 2009)

- Government Response to the House of Commons Environmental Audit Committee Report: Carbon Capture and Storage August 2009

5.5.2 Other recent sources of information are:

- The Energy Markets Outlook Reports (OSDR 2008, 2009) - Sustainable Development Report December 2008 (OSDR 2008) These documents are discussed at paragraphs 5.4.3-5.4.24.

The Energy White Paper “Our Energy Future – Creating a Low Carbon Economy” (2003)

5.5.3 The White Paper identifies three challenges, first climate change, second decline of the UK’s

indigenous energy supplies and third, the need to update much of the UK’s energy infrastructure (White Paper 2003 1.1).

5.5.4 Behind the first challenge of managing climate change, it is explained that the Government

has committed, under the Kyoto Protocol, to reduce greenhouse gas emissions by 12.5% below 1990 levels by 2008-2012 and to move towards a 20% reduction on 1990 levels of carbon dioxide emissions (CO2) by 2010 and 60% by 2050 (White Paper 1.18, 2.14). The second challenge is the decline of the UK’s indigenous energy supplies and the consequent risk associated with importation of fuels such that it is predicted that “By 2020 we could be dependent on imported energy for three quarters of our total primary energy needs”. The third challenge is the need to update much of the UK’s energy infrastructure and it is pointed



out that EU “measures to limit carbon emissions and to improve air quality are likely to force the modernisation, or closure, of most older coal fired plant”. Similarly, “In the absence of new build or life extensions, nuclear power’s share of electricity production will shrink from its current level….” (White Paper 2003 1.16)

5.5.5 In response to these challenges, the White Paper defines four goals, namely to reduce CO2

emissions, maintain reliability of energy supplies, promote competitive markets and to ensure that every home is adequately and affordably heated (paragraph 1.18). To achieve these goals, the Government identifies “energy efficiency” as likely to be the cheapest and safest way of addressing all four objectives with renewable energy playing an important part in reducing carbon emissions and strengthening energy security (2003 White Paper 1.19).

5.5.6 On the issue of energy reliability, the stated goal is that “people and businesses can rely on

secure supplies of energy – gas, fuel and electricity at predictable prices delivered through the market” (White Paper 2003 6.1). Accordingly, a resilient energy system is seen as requiring “a diverse system based on a mix of fuel types, a variety of supply routes, efficient international markets, back up facilities such as storage and a robust infrastructure” (White Paper 2003 6.2) and it points out that other countries have achieved economic growth while being energy importers (paragraph 1.14).

5.5.7 Among its various strategies for reducing carbon emissions, CCS is seen as being integral to

the future of clean coal technologies, without which it considers coal will be less attractive as a source of power (White Paper 2003 1.25, 6.49, 6.56, 6.59). It also notes that the power industry makes a substantial contribution the UK’s economy and that there will be considerable opportunities to meet the challenges of delivering the infrastructure, technologies and solutions needed in the future (White Paper 2003 7.38).

Climate Change - the UK Programme 2006/2007/2008

5.5.8 The 2006 document discusses the international challenge of climate change, delivering emissions reductions, and adapting to the impact of climate change. It notes that “The energy supply sector has contributed a large reduction in the UK’s greenhouse gas emissions over the past decade … largely through the switch away from more carbon intensive fuels such as coal and oil towards low or zero carbon emissions fuels such as gas, nuclear and renewables.” More particularly, it predicts that emissions will fall further “through to 2010 as a result of the impact on electricity demand of existing measures and a further increase in the share of gas fired electricity generation” (Energy Supply page 32). Subsequently, the 2007 Annual Report to Parliament indicated a reverse trend, in which fuel switching (as a result of price changes) from natural gas to coal for electricity generation was considered primarily responsible for carbon dioxide emissions in 2006 being higher than in 2005 (page 11, paragraph 18). However, the 2008 Annual Report shows carbon dioxide emissions during 2007 being lower than the 2006 figure, resulting from fuel switching back from coal to gas (Overview page 9, paragraph 4). The Energy Challenge – Energy Review 2006 (Cm 6887)

5.5.9 This Review continues with the dual themes of there being two major long-term challenges, necessitating the tackling of climate change as global carbon emissions continue to grow and, delivering secure and clean energy at affordable prices as the UK becomes increasingly dependent on imports for its energy needs.

5.5.10 On the matter of electricity generation, it is stated that “Over the next two decades, the UK will

need substantial new investment in electricity generation capacity to replace closing coal, oil and nuclear power stations and to meet expected growth in electricity demand” (Cm 6887 paragraph 6.4.3). It advises that it is for the private sector to make the necessary investment decisions within the regulatory framework set by the Government and for Government to ensure that this framework provides the right incentives, consistent with the goal of moving to a low carbon economy (Cm 6887 5.1).



5.5.11 Again, picking up on the case for CCS, the point is made that “While creating the legal and regulatory framework which would allow CCS projects to come forward is a necessary step in making CCS a reality, it is not in itself sufficient. CCS will only realise its potential if it is also technically feasible, environmentally sound and economically viable.” (Cm 6887 5.84). It is also stated that “A crucial step in bringing CCS closer to economic and commercial feasibility is ensuring that the environmental benefits that it secures are recognised and rewarded under schemes and policies designed to encourage carbon emissions reductions. This will help ensure that the environmental benefits of CCS are taken into account by generators when they make investment decisions.” (Cm 6887 5.87)

Energy White Paper 2007

5.5.12 The Energy White Paper “Meeting the Energy Challenge. A White Paper on Energy May 2007” (White Paper 2007) building on the principles set out in the 2003 White Paper, identifies two long term energy challenges:

“tackling climate change by reducing carbon dioxide emissions both within the UK and abroad; and ensuring secure, clean and affordable energy as we become increasingly dependent on imported fuel” (Executive Summary).

5.5.13 The Government’s response to the above is that the starting point is to “save energy” in business, homes, transport and the public sector, while moving towards cleaner energy supplies of heat, electricity and fuels for transport. For clean energy supplies, it proposes that in the short and medium terms, various technologies afford possibilities for carbon reduction, including micro-generation, district heating, CHP and biomass but that the country cannot rely on renewables alone; it needs a diverse electricity generation mix and some of the renewable technologies are intermittent. It is stated that “We will continue to need fossil fuels as part of a diverse energy mix for some time to come ….” but that they (coal and gas) must become cleaner and CCS could be a means of reducing emissions (White Paper 2007 Executive Summary page 15).

5.5.14 On the two matters of reducing CO2 emissions and security of supply, it is stated that:

- “The sector has made some progress in decarbonising since 1990, largely as result of the increased share of gas-fired generation in the mix” (White Paper 2007 5.1.10), and

- “Over the next two decades, the UK will need substantial investment in new generation capacity to replace the closing coal, oil, and nuclear power stations and to meet expected increases in electricity demand.” (White Paper 2007 5.1.11).

5.5.15 The White Paper predicted that some 22.5 GW of existing power stations may close by 2020

and that to maintain levels of capacity equivalent to those of today, new generating capacity needs to be built to meet these closures and increases in demand, in the order of 20-25 GW by 2020 (White Paper 2007 5.1.11).

Towards Carbon Capture and Storage – Consultation June 2008 Towards Carbon Capture and Storage – Government Response to Consultation April 2009

5.5.16 The consultation restates the Government’s energy strategy set out in the 2007 Energy White

Paper, with its aims “to provide the UK with secure energy supplies and contribute to the global climate change effort” and that it expects “fossil fuels to remain a vital part of our diverse electricity generation mix, as an essential contributor to our security of supply.” (Executive Summary page 3). The consultation acknowledges that there is no practical experience of operating such a facility at a commercial scale but points to progress on the regulatory and policy framework within which CCS should operate at national and EU levels.

5.5.17 Since this consultation, a draft directive has been adopted by the European Parliament which

if enacted would have the effect of requiring all combustion plants of 300 MW or more, to be licensed after the coming into force of the directive to meet certain CCR criteria.



The UK Low Carbon Transition Plan – National Strategy for Climate and Energy (HM Government, July 2009)

5.5.18 The White Paper sets out the UK’s transition plan for becoming a low carbon country. It sets out objectives to secure emission reductions, secure energy supplies whilst maximising economic opportunities and protecting the most vulnerable. Specifically, it aims to secure 40% of all UK energy from low carbon sources by 2020. The Government confirms that it wants to ensure secure supplies of energy during the transition, including from the fossil fuels that the UK will continue to rely on in the future. The UK Renewable Energy Strategy (HM Government, July 2009)

5.5.19 This Strategy is an integral part of the Government’s overall UK Low Carbon Transition Plan and sets out how the UK will achieve its legally binding goal of 15% of energy from renewable energy generation by 2020. The Strategy also reaffirms the role of the Renewables Obligation as the key mechanism for incentivising renewable electricity.

The UK Low Carbon Industrial Strategy (DECC, DBSI, July 2009)

5.5.20 The Strategy offers a strategic view of Britain’s low carbon strengths and opportunities,

detailed actions, and provides a solid basis for cross-governmental implementation. The core objective of the Strategy is to ensure that British businesses and workers are equipped to maximise the economic opportunities and minimise the costs of the transition to a low carbon economy.

Government Response to the House of Commons Environmental Audit Committee Report: Carbon Capture and Storage August 2009

5.5.21 Among the Government responses, it is intended that the UK must set an example globally in

stabilising atmospheric greenhouse gas concentrations through implementing CCS. It believes that publicly supported and timely demonstration of CCS technology at a commercial scale within the next decade in the UK and globally will enable wide scale deployment of CCS throughout the 2020s as part of the decarbonisation of the power sector.

Energy Markets Outlook Report (OSDR 2008, 2009), Sustainable Development Report (OSDR 2008)

5.5.22 The EMOR supports the concept of “competitive energy markets with an appropriate cost of

carbon and support for emerging low carbon technologies” as being “essential to delivering the twin goals of both secure energy supplies and lower emissions” and that the “best way to deal with future uncertainties is to ensure the market has access to all technologies and options available, encouraging a diverse and increasingly low carbon mix” (EMOR, 2.17). Referring to the Large Combustion Plants Directive (LCPD), the EMOR concludes that “in the medium term as plants start to close, the electricity generating industry faces a substantial challenge in ensuring delivery of the new generating capacity that will be needed if Britain is to maintain security of supply at similar levels to those so far enjoyed” (EMOR 4.4).

5.5.23 The EMOR 2009 restates the position that security of supply is a key element of Government

Energy policy and correspondingly Ofgem’s role in protecting consumers (EMOR 2009, 2.2.1) and it reaffirms the statements of EMOR 2007/8 that around 12 GW of older coal and oil plant will close by 2015 and 7 GW of nuclear stations by 2018 (EMOR 2008, 2.4.3). To complement the carbon markets, Government’s plans predict in that its lead scenario around 30% of electricity will be generated from renewable generation sources by 2020 (EMOR 2009, 2.6.1). It refers to the gas supply position having been improved by important developments in liquefied natural gas (LNG) import infrastructure at the South Hook and Dragon Terminals in Milford Haven (EMOR 2009, 2.8.1). However, as gas will remain an important part of the energy mix, the Government is clear that it is encouraging new investment in gas storage and import infrastructure through reform of the planning and consents regulatory framework.



5.5.24 Ofgem’s Sustainable Development Report notes that while the country is likely to meet its present greenhouse gas emission targets of 12.5% below base year (1990) levels by 2008-2012 under the Kyoto Protocol, “This has been largely driven by the switching from coal to gas fired electricity production over this period”, which is a reminder of the positive role that has been played by investment in CCGT and other gas fired generating plant (OSDR 3.1).

5.6 Compliance with Climate Change and Energy Security Policy 5.6.1 The application for Section 36 Consent for the proposed SEE explains that two of the main

objectives, set by national policy, are to address climate change by reducing greenhouse gas emissions and to provide sufficient generating capacity to replace plants which have to close. These twin objectives are explained in paragraphs 5.5.22 and 5.5.23 above by reference to the Energy Market’s Outlook Report 2009 (EMOR 2008) and Ofgem’s Sustainable Development Report (OSDR 2008).

5.6.2 The urgent need to deliver these objectives is reinforced by the fact that around 12 GW of

coal and oil fired generating plant will have to close by not later than the end of 2015 and a further 7 GW of older nuclear plant is scheduled to close before the end of the decade. The requirement for certain power stations to close is a consequence of the introduction of the Large Combustion Plants Directive (LCPD) which required large generating plants to meet more stringent air quality standards from the beginning of 2008 . Those power stations which decided to opt out of LCPD are obliged to close by the end of 2015, or after 20,000 hours of operation from 1 January 2008, whichever is the sooner. The consequence of this is that, not only is there a need to build replacement plant but also it is recognised that as plants start to close, it will be a challenge to deliver new generating capacity within the timescales required, if Britain is to maintain security of supply at similar levels to those so far enjoyed. Development of the proposed SEE will contribute to the objectives of providing much needed additional generating capacity, for which it requires approval of this Application to enable development of the proposed Pipeline and AGI works.

5.6.3 The OSDR refers to the positive effect of reduced greenhouse gas emissions that have

resulted from switching from coal to gas fired electricity production. It also has to be pointed out that, alongside the need for additional generating capacity to be provided in the near term, Government has decided that combustion plants with a rated electrical output of 300 MW or more must demonstrate that they are carbon capture ready (CCR). The SEE CCR report, also referred to in this Statement at paragraph 3.3.3 concludes that it is technically feasible to retro-fit post-combustion CCS to the proposed SEE project, that there is sufficient land for the installation of the CCS equipment and that it is technically feasible to transport CO2 by pipeline to a suitable location on the East Coast and to store CO2 offshore.

5.7 South Holland Local Development Framework

5.7.1 The SHDC’s local development scheme (LDS) (April 2007) sets out its programme for the

preparation of new local development documents (LDDs) and supplementary planning documents (SPDs) for the three-year period from 1st April 2007 to 31st March 2010. It notes that under the new plan-making system the statutory development plan for the district will eventually comprise:

- the Regional Spatial Strategy for the East Midlands prepared by EMRA

- Minerals and Waste DPDs prepared by LCC; and

- development plan documents (DPDs) prepared by SHDC.

5.7.2 The SHDC’s Statement of Community Involvement was adopted on 12th December 2006; it

sets out how SHDC will involve the community in the production of its planning documents and on planning applications.

5.7.3 Under the Government’s transitional arrangements for moving from the old to the new system

of plan-making, the policies of the adopted SHLP 2006 covering the period to 2021, are



automatically saved for a period of 3 years from adoption (i.e. until July 2009), or, if approved by the Secretary of State for a longer period until replaced by new-style DPDs as part of the LDF. SHDC has recently announced which policies in the SHLP it wishes to save and those which it considers redundant. Section 6.3 has had regard to those polices which are to be “saved”.

5.7.4 The Core Strategy DPD will be the principal document in the LDF. It will contain the SHDC’s

spatial vision and strategic objectives for South Holland; a spatial strategy and core policies for delivering the vision and objectives and a monitoring and implementing framework with clear objectives for achieving delivery. In addition, it will contain a number of generic development control policies, against which planning applications for the development and use of land and buildings will be considered (paragraph 5.5). The LDS timetable for production of the Core Strategy and Proposals Map sets a commencement date of April 2007 with final adoption in April 2010. However, it is understood that the Council is now proposing a joint policy approach with Boston Borough Council but that this proposal is still in the evidence gathering stage with draft development plan documents not expected until 2011 at the earliest.

5.8 Conclusions on the Development Plan and Other Mater ial Considerations 5.8.1 The application presents no material conflicts with the Development Plan i.e. the EMRP and

SHLP as set out in tables 4.1 and 4.2. 5.8.2 Specific issues addressed in government planning advice such as flood risk (PPS25), noise

(PPG24) and biodiversity (PPS9 and circular 06/2005) have been assessed in the ES and there are no significant residual impacts. The application presents no significant conflicts with any other government planning advice. The most directly relevant national guidance to the principle of the Development is PPS1 and its supplement on climate change. The application will facilitate the development of infrastructure which will contribute to a reduction in greenhouse gases whilst responding to the needs of the community and businesses for energy.

5.8.3 NPSs are acknowledged to be a material consideration to infrastructure developments. NPSs

EN-1 and EN-4 are supportive of the type of infrastructure proposed in this planning application.

5.8.4 The Government’s two main objectives of its energy policy are to address climate change by

reducing greenhouse gas emissions from energy production and to provide sufficient generating capacity to replace plants which have to close. This application will contribute to the fulfilment of both of these objectives.



6.0 CONCLUSIONS

6.0.1 The proposed Development, comprising the proposed Pipeline together with AGI extension, will provide a secure and economically viable natural gas fuel supply to the proposed SEE, which is the subject of a separate Section 36 Consent application to the Secretary of State. Together with the proposed SEE and other associated infrastructure, the proposed Development will contribute to the provision of additional energy generating capacity.

6.0.2 The compatibility of the Development has been assessed against the strategic and thematic

policies of the development plan in Section 5 of this Statement. The key issues are:

- Energy and Climate Change - Land Use - Environment - Economic Development

Energy and Climate Change

6.0.3 The proposed Development will contribute to the advancement of the twin objectives of national energy policy, which seek to minimise carbon emissions while maintaining security of energy supply by providing gas to the proposed SEE. The proposed Development is a critical component of the proposed SEE and therefore the justification for the construction and operation of the proposed Pipeline and AGI is intrinsically linked to the need for the development of the proposed SEE.

6.0.4 It has been determined by the EMOR and OSDR reports that the transition from coal to gas

generation has contributed substantially to reductions of CO2 emissions from power production in recent years. It is clear that gas fired CCGT generating capacity, which is highly efficient, will continue to play a significant role in meeting carbon reduction and energy security objectives.

Land Use

6.0.5 The rationale for selecting the pipeline Corridor and the AGI extension area is due to their

relationship to the proposed SEE and to the existing AGI facility at Wragg Marsh. The proposed Pipeline is required to provide a natural gas fuel supply connection between the proposed GRF at the proposed SEE and the NTS, which is accessible via the existing MOF. An extension to the existing facilities is required to accommodate the new, dedicated AGI.

6.0.6 The Feasibility Study reported in the ES states that the application route was chosen for the

following reasons:

- the proposed pipeline would be laid on a proven route with adequate access facilities;

- there will be minimal land sterilisation, due to the proximity to the existing SECL pipeline;

- the proposed pipeline route has the least number of special crossings of all of the pipeline routes considered, limiting environmental disturbance; and

- the cathodic protection/AC corrosion mitigation requirements will be more easily manageable, as it is envisaged that the existing SECL pipeline cathodic protection system will be used for the proposed pipeline.

6.0.7 The existing AGI, whilst located within the countryside, is an industrial compound, situated in

a non designated landscape. The location of the proposed AGI extension is determined by its physical proximity to the gas NTS and the existence of a suitable corridor to connect underground to the proposed SEE.



Environment

6.0.8 The proposed Pipeline Corridor was selected to minimise the environmental impact of the

proposed Development as a whole, avoiding sensitive and/or valuable environmental features. Informed by detailed design mitigation; the Corridor closely follows the route of the existing pipeline.

6.0.9 Although the ES confirms that during the construction phase there may the potential for

temporary noise, traffic and landscape impacts, the EIA process has not identified any environmental impacts from the proposed Development during construction or when operational, that will be unacceptable from a planning policy perspective. The adoption of mitigation measures, developed in consultation with SHDC and other stakeholders, will ensure that any temporary impacts are minimised.

6.0.10 Any features of ecological interest displaced during construction will be replaced and

disruption to habitats and species will be minimised by proactive management. The proposed Development will also incorporate elements of planting and biodiversity enhancement.

Economic Development

6.0.11 Despite the creation of construction jobs, the economic impact of the proposed Development

when viewed in isolation cannot be considered significant. However, together with the proposed SEE, the project as a whole represents a major economic investment in Spalding, which will provide sustainable high quality, well paid, skilled engineering and business jobs as well as related contracting and business opportunities, which is additional to the inherent value in the provision of electricity generation for which there is an identified need. SEEL will work with SHDC to investigate the feasibility of providing heat to other businesses in Spalding through the use of waste heat.

Overall

6.0.12 The proposed Development complies with the relevant parts of the Development Plan. Furthermore, other material considerations point overwhelmingly in favour of granting planning permission.

DALTON WARNER DAVIS LLP

19/2/10



Appendix 1 - Location of Proposed SEE Site (SEE ES Figure 1.1)

Client

Scale Version Control

Project No DateDrawn by

SEEL

NTS

64C13376 CC March 2009

Figure 1.1Location of Proposed SEE Site

7ENVIRON UK Limited

7 Walker StreetEdinburgh EH3 7JYTel. +44(0)131 225 9899Fax.+44(0)131 220 3411

Reproduced from the Ordnance Survey with the permission of the controller HMSO Crown Copyright Reserved. Licence No. ES 100012174

N

Aberdeen

Glasgow

Edinburgh

Newcastle

Liverpool

Belfast

Dublin

Cork

York

BirminghamNorwich

London

Bristol

PlymouthNewquay

Cardiff

Spalding

Client

Scale

Project No



Appendix 2 - ES Non Technical Summary of Key Enviro nmental Impacts and Mitigation Measures

Issue Description and Potential Impacts Design Meas ures and Mitigation

Agr

icul

ture

and

Soi

ls During construction there will be some

disruption to farming activities. Mitigation measures will be set out in formal legal agreements with landowners and occupiers and will include:

• best practice soil handling techniques;

• pre and post construction remedial land drainage systems; and

• reinstatement following construction.

Eco

logy

Key impacts during construction include: temporary loss of habitats and disturbance to protected species such as badger; water vole; otter; marsh harriers and other nesting birds.

The proposed pipeline route and construction techniques have been selected to minimise ecological impacts. The River Welland and the Lord’s Drain will be crossed using trenchless techniques to avoid impacts to water vole, otter and fish species.

A range of biodiversity enhancement measures will be implemented, including planting at the proposed AGI extension.

Arc

haeo

logy

The route will cross a number of archaeological features including the Lord’s Drain, Wykeham drain and a medieval sea defence feature known as ‘Sea Bank’ or ‘Roman Bank’.

Unidentified archaeological remains may currently be buried along the proposed pipeline route.

The proposed pipeline route and construction techniques have been selected to minimise archaeological impacts.

A Written Scheme of Investigation will be agreed with the County Archaeologist outlining an archaeological assessment and mitigation strategy (to include a watching brief during construction).

Em

issi

ons A number of residential properties located

close to pipeline construction activities may experience an increase in noise levels during construction.

Potential impacts will be mitigated and controlled through a Construction Environmental Management Plan and consultation with the local Environmental Health Officer.

Land

scap

e an

d V

isua

l

There is the potential for landscape and visual impacts to arise during construction of the proposed pipeline and as a result of the extension to the Above Ground Installation at Wragg Marsh.

Once complete the pipeline will be buried along its entire length and the land above will be re-instated to its former condition.

Landscaping proposals will be implemented around the extension to the Above Ground Installation at Wragg Marsh in order to reduce the visibility of this facility.

Tra

ffic

and

Tra

nspo

rtat

ion

Construction of the pipeline will result in a temporary increase in traffic flow with potential impacts to other road users.

The greatest transportation requirement during construction is the delivery of the steel pipe lengths to the working width.

A management plan to reduce traffic impacts during construction will be implemented.

Roads will be crossed using trenchless construction techniques to allow normal traffic flows to be maintained.

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