Scoping Opinion Proposed Willington Gas Pipeline Connection, Derbyshire

SCOPING OPINION

PROPOSED

WILLINGTON GAS PIPELINE

CONNECTION, DERBYSHIRE

August 2010

independent impartial inclusive

Scoping Opinion for Willington C Gas Pipeline Derbyshire

CONTENTS

EXECUTIVE SUMMARY ...... 3

INTRODUCTION ...... 5

Background...... 5

Consultation...... 6

Structure of the Document ...... 7

THE PROPOSED DEVELOPMENT ...... 9

Applicant’s Information ...... 9

Commission Comment ...... 11

EIA APPROACH AND TOPIC AREAS ...... 15

National Policy Statements ...... 15

General Comments on the Scoping Report...... 15

Topic Areas: General Comments...... 17

OTHER INFORMATION ...... 27

Appropriate Assessment ...... 27

Health Impact Assessment...... 27

Other Regulatory Regimes ...... 27

Climate Change...... 28

Applicant’s Consultation ...... 29

APPENDIX 1 - CONSULTATION BODIES CONSULTED

APPENDIX 2 - LIST OF BODIES WHO REPLIED

APPENDIX 3 - PRESENTATION OF ES

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Scoping Opinion for Willington C Gas Pipeline Derbyshire

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Scoping Opinion for Willington C Gas Pipeline Derbyshire

Executive Summary

This is the Infrastructure Planning Commission’s (the Commission’s) Scoping Opinion (the opinion) in respect of the content of the environmental statement for the development of a gas pipeline connection, to be known as Willington C Gas Pipeline (WCGP). The proposal will be put forward by RWE npower plc and will convey the gas fuel for the proposed station on the former Willington A and Willington B Power Station Site, Derbyshire from the existing National Transmission System south of the village of Yoxall, which is operated by National Grid.

This report sets out the Commission’s opinion on the basis of the information provided in RWE npower plc’s report entitled ‘Willington C Gas Pipeline – Environmental Impact Assessment, June 2010 (v1.2). The opinion can only reflect the proposal as currently described by the applicant.

The Commission has consulted on the scoping report and the responses received have been taken into account in adopting this opinion. The Commission is broadly satisfied that the topics identified in the scoping report fully encompass those matters identified in Schedule 4, Part 1, paragraph 19 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. However, the applicant may also wish to consider other aspects of the environment likely to be significantly affected by the development as outlined in Schedule 4, in particular the effects on population air, climate factors, and their inter-relationship with all other aspects (refer to paragraphs 3.62, 3.67 and 4.8 of the scoping opinion).

The Commission draws attention both to the general points and those made in respect of each of the specialist topics in this opinion. The main themes and potential issues identified are:

• Construction Impacts - the applicant has identified a number of river, road and rail crossings associated with the proposed development which are referred to as ‘special crossings’. Any crossings, special or otherwise classified as minor crossings, will require particular attention within the environmental statement. Environmental mitigation and management plans relevant to construction will need to consider the river catchments boundaries, displacement of protected species and their habitats, identification and control of agricultural field drainage, surface water runoff from the working strip, waste management, and any reinstatement of displaced features, habitats or other land uses.

• Scope of Development – the Commission is satisfied that the applicant has provided sufficient information to comply with the EIA Regulations 8(3) – refer to paragraph 1.9 of the scoping opinion. However, the applicant has omitted to clearly define the specific locations of the Above Ground Installation (AGI) facility, the

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potential location(s) for construction compounds, access off the main highway during construction, and a point of entry for the pipeline into the proposed Willington C Power Station.

• Combined and Cumulative Impacts - the scoping report identifies the main environmental topics for consideration within the environmental statement, under Section 5.3 ES Chapter Structure. The ES will need to ensure the scope of assessment includes any inter-relationships or cumulative impacts including the cumulative impact from proposed Willington C Gas Power Station.

• Scoping Out – although the scoping report makes reference to baseline studies and desk study research, no details were provided with the report. Matters are not scoped out unless specifically addressed and justified by the applicant and confirmed as being scoped out by the Commission. To this effect, until sufficient evidence is provided to demonstrate that matters scoped out present insignificant or no environmental impact the Commission are not able to confirm items identified by the applicant can be scoped out (refer to paragraph 3.11 and 3.21 of the scoping opinion). These include, as outlined in Table 2 of the scoping report (Section 5.4: ES Chapter Summary):

i. The operational phase ii. The ‘end of life’ phase iii. Air Quality iv. Socio-economic

The Commission agrees that a specific chapter relating to Planning Policy Context can be scoped out of the ES. However, the applicant’s attention is drawn to Appendix 3 of the Scoping Opinion - Legislation and Guidance, for further clarification on the approach to all relevant planning and environmental policy.

• Transport impacts - carriage of the pipe lengths, especially abnormal loads, to the site and access onto the working strip.

• Effects on Forestation Plans - Sterilisation of pipeline route.

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INTRODUCTION

Background

1.1 On 23 June 2010, the Commission received a scoping report submitted by RWE npower plc (the applicant) under Regulation 8 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2263) (the EIA Regs) in order to request a scoping opinion for the proposed Willington C Gas Pipeline Connection, Derbyshire. This scoping opinion is made in response to this request and should be read in conjunction with the scoping report.

1.2 The EIA Regs enable an applicant, before making an application for an order granting development consent, to ask the Commission to state in writing its formal opinion (a ‘scoping opinion’) on the information to be provided in an environmental statement (ES).

1.3 The proposals fall within Schedule 2 development under the EIA Regulations as being an infrastructure project. An EIA is not mandatory for Schedule 2 development but depends upon the sensitivity of the receiving environment, the likelihood of significant environmental effects and the scale of the proposals.

1.4 In submitting the information included in their request for a scoping opinion, RWE npower is deemed to have notified the Commission under Regulation 6(1)(b) of the EIA Regulations that it proposes to provide an ES in respect of the extension to the proposed gas pipeline connection. The proposed development is determined to be EIA development in accordance with Regulation 4.

1.5 Before adopting a scoping opinion the Commission (or the relevant authority) must take into account:

• ‘the specific characteristics of the particular development; • the specific characteristics of the development of the type concerned; • the environmental features likely to be affected by the development’. (EIA Regs 8 (9))

1.6 This opinion sets out what information the Commission considers should be included in the ES for the proposed gas pipeline. The opinion has taken account of:

i. the EIA Regs; ii. the nature and scale of the proposed development; iii. the nature of the receiving environment; and

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iv. current best practice in the preparation of environmental statements.

1.7 The Commission has also taken account of the responses received from the statutory consultees. It has carefully considered the matters addressed by the applicant and has used professional judgement and experience in order to come to this opinion. The Commission will take account of relevant legislation and guidelines when considering the ES. The Commission will not be precluded from requiring additional information in connection with the ES submitted with that application when considering any application for a development consent order.

1.8 This opinion should not be construed as implying that the Commission agrees with the information or comments provided by the applicant in their request for an opinion from the Commission. In particular comments from the Commission in this opinion are without prejudice to any decision taken by the Commission on submission of the application that any development identified by the applicant is necessarily to be treated as part of a nationally significant infrastructure project or associated development, or development that does not require development consent.

1.9 Regulation 8(3) of the EIA Regs states that a request for a scoping opinion must include:

i. a plan sufficient to identify the land; ii. a brief description of the nature and purpose of the development and of its possible effects on the environment; iii. such other information or representations as the person making the request may wish to provide or make.

1.10 The Commission considers that this has been provided in RWE npower’s scoping report.

Consultation

1.11 The Commission has a duty under Regulation 8(6) of the EIA Regs to consult widely before adopting a scoping opinion. A full list of the consultation bodies is given at Appendix 1. The list of respondents, with copies of those comments is given at Appendix 2, to which reference should be made.

1.12 The ES submitted by RWE npower should also demonstrate consideration of points raised by the statutory consultees. It is recommended that a table is provided in the ES summarising the scoping responses from the statutory consultees and how they are considered in the ES.

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1.13 Any subsequent consultation responses, received after the statutory deadline for receipt of comments, will be forwarded to the applicant and should be given due consideration by the applicant in carrying out the EIA.

Structure of the Document

1.14 This document is structured as follows:

Section 2 The Proposed Development;

Section 3 EIA Approach and Topics;

Section 4 Other Information;

Appendix 1 Consultation Bodies;

Appendix 2 Respondents to Consultation and Copies of Replies;

Appendix 3 Presentation of the Environmental Statement.

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THE PROPOSED DEVELOPMENT

Applicant’s Information

The Existing Site

2.1 The proposed gas pipeline falls within the indicative route corridor as outlined within Figure 1 of the scoping report.

2.2 The proposed route corridor extends approximately 28-30 km from the small village of Yoxhall to Willington in the north. The route predominantly comprises a mixture of arable and pastoral agricultural farm land, hedgerows, mature trees and watercourses.

2.3 The topography of the proposed route is characterised by the Trent Valley catchment and comprises undulating farm fields dissected by a number of rivers, roads, railways and a canal. There are two main water courses within the site boundary (the River Swanbourne and River Dee) 3 smaller watercourses (Mill Fleam, Hilton and Eggington Brook), and the Trent and Mersey Canal. The Nottingham-Stoke and Birmingham-Derby branch lines converge within the northern section of the search area, near to the proposed Willington C Gas Power Station.

2.4 The scoping report indicates there are no listed buildings or Scheduled Ancient Monuments. However, the Yoxall and Rolleston on Dove Conservation Area is within the site boundary. A Roman road is also believed to cross the northern section of the route corridor near to the A38 road.

2.5 The Scoping Report suggests there are no European sites to which the Habitats Regulations apply or any Ramsar site which may be affected by the proposals. However, there is one Special Site of Scientific Interest (SSSI), referred to as Old River Dove at Marstone on Dove.

The Surrounding Area

2.6 The predominant land use surrounding the proposed pipeline route is semi-agricultural farm land and rural residential settlements. Small villages within the vicinity of the site boundary include Willington, Egginton, Hilton, Rolleston on Dove, Tutbury, Barton Gate and Yoxhall. The A50 runs east west along the northern edge of the proposed route, intersecting the search area near Findern. The A38 runs north east to south west along the eastern edge of the proposed pipeline route. The town of Burton upon Trent lies east of the proposed route.

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Description of the Development

2.7 The proposed development will comprise the construction of a gas pipeline, connecting the existing National Transmission System, south of the village of Yoxall, to the site of the proposed Willington C Power Station (WCPS) near Willington, Derbyshire.

2.8 It is proposed that the pipeline will be approximately 800mm in diameter and buried for its entire length, at a minimum nominal depth of 1.2m in agricultural land. The length of the pipeline is expected to be 28-30km depending on the final outcome of the EIA process, consultations, engineering and landownership factors.

2.9 The pipeline will be constructed of steel fabrication. Pipe lengths will be laid out along the working strip and welded together on-site before being ‘ditched’ into the trench and backfilled.

2.10 This proposal is for a cross country pipeline which is normally constructed in agricultural land, seeking to avoid residential properties and crossing roads at right angles.

2.11 The pipeline will connect to the National Transition System via an Above Ground Installation (AGI), at a location south of Yoxall. The AGI is an above ground fenced compound comprising valves, metering devices and an inspection vehicle launch facility. The dimensions of the SGI are approximately 40m2.

Access

2.12 Access to the working strip will either be direct from the highway, at the crossing point, or by a side access with a track connecting the strip to a road. The scoping report has not provided information on the proposed access points to the working strip off the main highway or ‘side access’ during construction or operation.

Landscaping

2.13 A landscaping proposal for the Above Ground Installation will be provided along with proposed land reinstatement measures for features displaced by the development, including hedgerows and trees.

Employment

2.14 It is not known at this stage how much employment will be generated or displaced by the proposed development.

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Construction

2.15 The construction process has been summarised within the scoping report as follows:

- fencing off and removal of vegetation and topsoil from the working strip, normally 30m width - excavation of the trench and removal of surplus material - laying out and welding of pipes - ditching of the pipes and backfilling trenches - reinstatement of topsoil, field drains and hedgerows.

2.16 Crossing of roads will be carried out using ‘trench-less’ techniques involving auger or thrust boring under the road at a sufficient depth to avoid utility services.

2.17 The scoping report has outlined other difficult or ‘special section’ crossings which will employ Horizontal Directional Drilling (HDD) to allow the pipeline to be installed without disturbing the physical feature. Section 2.7 Special Crossings outlines the types of special sections encountered by the pipeline route.

2.18 The access point for the pipeline onto the site of the proposed Willington C Gas Power Station has not been confirmed.

Commission Comment

2.19 The applicant should ensure that the description of the development that is being applied for is accurate, as this will form the basis for the environmental assessment. The dimensions of the proposed development should be clearly described in the ES, with appropriate justification. It will also be important to consider choice of materials, colour and the form of above ground features. Any lighting proposals should also be described.

2.20 In line with best practice and case law, the proposed development will need to be defined in sufficient detail in the ES to enable a robust assessment of the adverse and positive impacts to be undertaken. The applicant may wish to consider including the following information within the ES:

- a programme and timeframe for the construction period - number of construction workers - site access point for construction traffic off local roads - estimate of number and frequency of construction vehicles - construction working hours, and - location of temporary construction compounds and pipe dumps.

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2.21 Whilst the Commission acknowledges that it may be necessary for design parameters to be sufficient to allow for minor variations in the scheme design, such parameters should not be so great that any variations would effectively constitute a material departure from the scheme design assessed in the EIA or result in a different assessment outcome. The ES should be able to confirm that any changes to the development within the proposed parameters would not result in significant effects not previously identified. The EIA should be carried out on the basis of the most likely design(s) and should identify the worst case in terms of environmental impacts.

2.22 The Commission notes that the process of EIA is iterative and therefore the proposals may change and evolve up to the point of submission of the Development Consent Order application. There may be changes to the scheme design in response to consultation. Such changes should be addressed in the ES. Once submitted, the application should not change in any substantive manner.

2.23 It should be noted that if the development changes substantially during the EIA process the applicant may wish to consider the need to request a new scoping opinion.

2.24 Any infrastructure required off-site should be considered as part of an integrated approach to environmental assessment.

2.25 The Commission recommends the ES should include a clear description of all the aspects of the development, including timescales, at the construction, operation and decommissioning stages, including:

• Land use requirements; • Site preparation; • Operational requirements including the main characteristics of the production process and the nature and quantity of materials used, as well as waste arisings; • Emissions (water, air and soil pollution, noise, vibration, light, heat, radiation etc).

2.26 In terms of decommissioning, the Commission acknowledges that the further into the future any assessment is made, the less reliance may be placed on the outcome. However, the purpose of such a long term assessment is to enable the decommissioning of the works to be taken into account in the design and use of materials such that structures can be taken down with the minimum of disruption, materials can be re- used and the site can be restored or put to a suitable new use. The Commission encourages consideration of such matters in the ES.

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2.27 The Commission considers that the ES should contain information on the main alternatives studied and justification for the final route, taking into account environmental effects. At paragraph 3.1.2 the applicant refers to separate reports which were used to establish the route option. The Commission welcomes this and expects any such reports are considered within the ES.

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EIA APPROACH AND TOPIC AREAS

National Policy Statements

3.1 The draft Overarching National Policy Statement (NPS) for Energy (EN-1) sets out the Government’s policy for delivery of major energy infrastructure and provides a framework for decisions to be taken by the Commission.

3.2 The Commission is bound to have regard to the NPSs, which establish the policy framework within which it operates. The NPSs remain in draft and have been subject to scrutiny and debate. The weight to be placed upon the NPSs before they are designated will depend upon the stage reached in the process towards designation and will be a matter to be addressed by the Commission when the application is examined.

General Comments on the Scoping Report

3.3 Reference should be made to Appendix 3 regarding the presentation of the environmental statement.

3.4 The scoping report refers to a number of separate key documents influential in the decision making process (para 3.1.3 Environmental Appraisal Report, 04/02/10; and Route Corridor Selection Report, 02/11/09). The Commission notes that the ES should be a stand alone document and should include all appendices as well as any photographs or photomontages. On the basis that such information will be made available and included in the ES, the Commission is satisfied with the approach taken.

3.5 The description of ES format is provided in Section 5.4 ES Chapter Summary. The Commission recommends that the ‘Construction Process’ should include a description of the proposed construction programme and methods.

3.6 The Commission welcomes the approach described within the scoping report, of agreeing, with the relevant authorities, any site specific construction methods used. The ES should include an assessment of these methods.

3.7 The Commission recommends that the following issues should be adequately addressed in the ES:

- issues associated with the removal of agricultural drains - measures to prevent runoff from the working strip including the installation of grips, interceptors and booms where necessary - issues associated with the removal and storage of vegetation 15

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- methods to ensure the avoidance of overhead obstacles, such as power lines, during construction

3.8 The Commission recommends that the physical scope of the study areas should be identified under all the environmental topics and should be sufficiently robust in order to undertake the assessment. The extent of the study areas should be on the basis of recognised professional guidance, whenever such guidance is available. The study areas should also be agreed with the relevant consultees and, where this is not possible, this should be stated clearly in the ES and a reasoned justification given.

3.9 The Commission recommends that the baseline data used to support the ES is comprehensive, relevant and up-to-date. The applicant has suggested that some survey data has been gathered but not included within the scoping report. Further more, surveys needed to inform the EIA are not fully defined or provided within the scoping report and will need to be addressed. The timing and scope of all surveys should be agreed with the relevant statutory bodies.

3.10 Matters are not scoped out unless specifically addressed and justified by the applicant and confirmed as being scoped out by the Commission.

3.11 The Commission considers that the assessment should consider all phases of the proposal – construction, operation and decommissioning. The scoping report suggests that there is no requirement to assess the operational and decommissioning impacts. The Commission recommends that all phases of development should be addressed in the EIA. As outlined in Schedule 4 of the EIA Regs paragraph 17(a) the EA should include a description of the development, including the physical characteristics during the construction and operational phases. The methodology of assessment should use up to date regulations and guidance to undertake the EIA and should be agreed with the relevant consultees. Where this is not possible, a reasoned justification should be given in the ES.

3.12 The Commission recognises that the way in which each element of the environment may be affected by the development can be approached in a number of ways but considers that it would be helpful, in terms of ease of understanding and in terms of clarity of presentation, to consider the impact assessment in a similar manner for each of the specialist topics. The Commission welcomes a common format to assess each element where appropriate to do so but considers that the scope – the breadth of topic, the physical and temporal should be described and justified.

3.13 The Commission recommends that combined and cumulative impacts should be considered (see Appendix 3 of this opinion).

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3.14 The inter-relationship between specialist topics should not be overlooked, indeed this is a requirement of the Regulations. Neither should the ES be a series of separate reports collated into one document, but rather a comprehensive assessment drawing together the environmental impacts of the proposed development as a whole.

3.15 The Commission recommends that other major development in the area should be taken into account through consultation with the local planning authorities on the basis of major developments that are :

• built and operational; • under construction; • permitted application(s), but not yet implemented; • submitted application(s) not yet determined, and if permitted would affect the proposed development in the scoping report; and • identified in the Development Plan (and emerging Development Plans - with appropriate weight being given as they move closer to adoption) recognising that much information on any relevant proposals will be limited.

Topic Areas: General Comments

3.16 The EIA Regulations Schedule 4, Parts 1 and 2, set out the information for inclusion in an ES.

3.17 Schedule 4 Part 1 of the EIA Regulations sets out the aspects of the environment likely to be significantly affected by the development which should include in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors’ (paragraph 19).

3.18 Traffic and transport is not specified as a topic for assessment under Schedule 4; although in line with good practice the Commission considers it is an important consideration per se, as well as being the source of further impacts in terms of air quality and noise and vibration.

3.19 Part 2 sets out the minimum requirements and is included below for reference:

Schedule 4 Part 2

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• the data required to identify and assess the main effects which the development is likely to have on the environment; • an outline of the main alternatives studies by the applicant and an indication of the main reasons for the applicant’s choice, taking into account the environmental effects; • a non-technical summary of the information provided [under the four paragraphs above].

3.20 The scoping report has considered the environment under the following topics:

• Physical Environment - Geology, Surface water, Drainage, Ground water, Flood risk • Ecology • Habitats • Protected Species • Avian Studies • Landscape and Visual • Noise and Vibration • Transport • Cultural Heritage, and • Land use, Public Rights of Way (PRoW) and Amenity.

3.21 The Commission is broadly satisfied that the topics identified in the scoping report encompass those matters identified in Schedule 4, Part 1, paragraph 19 of the EIA Regs. However the scoping report has omitted to cover the following:

• Air quality • Waste, and • Socio-economics.

3.22 The Commission does not agree that no assessment is necessary regarding the potential impact on air quality or, socio-economic impacts nor that no assessment of the operational or decommissioning phases of the project is required (as set out in table 2 para 5.4.1). The Commission considers that a risk assessment of the environmental aspects likely to be significantly effected should sufficiently demonstrate the absence of any significant impact or the need for suitable mitigation options. The Commission agrees that a specific chapter relating to Planning Policy Context can be scoped out of the ES. However, the applicant’s attention is drawn to Appendix 3 of the Scoping Opinion - Legislation and Guidance, for further clarification on the approach to all relevant planning and environmental policy.

3.23 Each of the specialist topics are considered in turn below. It should be noted that the general points made above and elsewhere in this opinion

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are not repeated under each of the specialist topics. However the applicant should ensure that such issues are addressed fully before the ES is submitted to the Commission. Consideration should also be given to the scoping responses, copies of which are provided in Appendix 2.

Physical Environment (section 6.10)

Geology

3.24 The baseline for the ES should explain in detail the extent of the study area and justify the reasons for this.

3.25 In the light of the works proposed, cross reference should also be made to the section on river water quality and sediment quality in order to address the potential impacts of sedimentation loading as a result of site run-off from the working strip or during river crossings.

3.26 Information should be provided on the disposal of spoil from the tunnelling and trenching operations for the pipeline.

3.27 It will be important to carefully justify the physical area for this assessment and ensure that the impacts are considered over a sufficiently wide area.

3.28 The geotechnical assessment for the proposal will need to take into account the potential impact on existing buildings and infrastructure within the route corridor. In particular the ES should take into account issues raised by the Highways Agency in relation to crossing of roads and British Waterways in relation to crossing canals. The appropriate methodology for this assessment should be agreed with the relevant statutory consultees.

Surface Water

3.29 The relevant legislation for controlling discharges to the water environment is the Environmental Permitting Regulations (England and Wales) 2010. Any discharge to surface water will need to be agreed with the Environment Agency.

3.30 Any water abstracted for pipeline pressure testing will require licensing by the Environment Agency. Therefore details of where the water will be abstracted for pressure testing needs to be included in the EIA and an abstraction licence subsequently obtained. Granting of such a licence is not automatic and will be subject to the Environment Agency’s assessment as to the availability of adequate water resources.

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Drainage

3.31 Trench dewatering could be directed to a suitable area of land, or to watercourse provided suitable settlement is provided. However, this dewatering may affect nearby water sources resulting in representations from local water users. There will be a need to consult with the Environment Agency to agree dewatering methods, points of discharge and other related issues.

3.32 The ES should assess the issue of hydraulic connectivity with existing features such as canals along the proposed route. At locations where impacts are likely the ES should include suitable information to demonstrate that these impacts have been adequately considered.

Ground Water

3.33 The Commission recommends consultation with both Severn Trent Water and the EA. Potential impacts on the public sewer network should be addressed, including the need to address impacts arising from vibration during the construction works.

3.34 Mitigation measures should be addressed and the Commission advises that reference should be made to other regimes (such as pollution prevention from the EA). On-going monitoring should also be addressed and agreed with the relevant authorities to ensure that any mitigation measures are effective.

3.35 Consideration should be given in the ES to methods used to prevent infiltration of groundwater or river water, particularly in temporarily excavated structures and at river crossing points.

Flood Risk

3.36 The Commission welcomes the consideration of flood risk for the whole of the pipeline route, the AGI and impacts on timing for the construction programme.

3.37 Although it is not a mandatory requirement of the EIA Regulations to include a Flood Risk Assessment (FRA) within the ES given the nature, location and scale of the proposals the Commission would recommend the applicant considers, in consultation with the Environment Agency, the need for a FRA for the entire pipeline route to support the application. The requirements for the FRA should comply with national planning policy in PPS25 and be agreed with the relevant statutory consultees. The FRA should form an appendix to the ES.

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Ecology (section 6.11)

3.38 The Commission recommends that surveys should be thorough, up to date and take account of other development proposed in the vicinity.

3.39 The Commission recommends that the proposals should address fully the needs for protecting and enhancing biodiversity. The assessment should cover habitats, species and processes within the sites and surroundings.

3.40 The route corridor is within 10km of the River Mease a Special Area of Conservation (SAC). There are also numerous Sites of Special Scientific Interest (SSSI) within 10km. The closest of these being the Old River Dove SSSI which is located within the proposed route corridor. The potential impacts on international and nationally designated sites should be addressed as well as county level habitats.

3.41 The assessment should take account of noise and vibration and air quality (dust) impacts and cross reference should be made to these specialist reports.

3.42 The construction, operational and decommissioning phases of the works should be addressed. The Commission recommends the need to consider cumulative and combined impacts and advises this is particularly relevant in terms of assessing the impacts on ecology.

Habitats (section 6.12)

3.43 The Commission is satisfied with the proposed approach to the habitat assessment. The extended Phase 1 habitat survey should be carried out in accordance with the standard methodology. If important habitats or species have the potential to be present on or adjacent to the proposed route of the pipeline then further survey work to establish presence should be undertaken.

Protected Species (section 6.13)

3.44 The methodology, timing, scope and extent of protected species surveys should be agreed in advance with the relevant statutory consultees.

3.45 Following the assessment of the potential environmental impacts, measures to prevent any significant impacts or reduce them to acceptable levels (should they occur) should be developed, where appropriate.

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Avian Studies (section 6.14)

3.46 The Commission welcomes the proposal to undertake avian studies in the ES. The method and timing of all such studies should be agreed with the relevant statutory authorities prior to commencement.

Landscape and Visual (section 6.15)

3.47 The Commission draws the attention of the applicant of the need to take account of the updates to legislation, in particular the need to reference PPS 5 (rather than PPGs 15 and 16); together with the need to liaise with the local planning authorities to ensure use is made in the EIA of the most up to date policy documents.

3.48 The landscape and visual assessment in the scoping report refers to potential zones of visual influence of the AGI and the pipeline construction strip. The Commission advises that the ES should describe the model used, provide information on the area covered and the timing of any survey work and the methodology used. The Commission recommends that the location of viewpoints should be agreed with the local authorities.

3.49 The Commission would like to highlight the presence of a section of Ancient Woodland within the proposed corridor. The Commission expects that efforts should be made to avoid adverse impacts to this designated feature.

3.50 The Trent & Mersey Canal is a designated Conservation Area and impacts to the character of this feature should be identified within the ES. If necessary suitable mitigation should be presented to ameliorate impacts associated with construction. Long term impacts should be addressed through a restoration/reinstatement programme.

Noise and Vibration (section 6.16)

3.51 The Commission recommends that the methodology and choice of noise receptors should be agreed with the relevant Environmental Health Department of the Council and with the EA.

3.52 Information should be provided on the types of vehicles and also on the type of plant to be used during the construction phase. Once operational, noise sources should be identified and measures identified to mitigate noise nuisance.

3.53 Noise impacts on people should be specifically addressed, and particularly any potential noise disturbance at night and other unsocial hours such as weekends and public holidays.

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3.54 The assessment should take account of the traffic assessment and consider noise and vibration impacts along access routes, especially during the construction phase. The noise and vibration assessment should also provide information to inform the ecological assessments, both terrestrial and marine.

3.55 Consideration should be given to monitoring noise complaints.

Transport (section 6.17)

3.56 The Commission welcomes the development of the assessment of transport impacts in association with the local highways authority and the Highways Agency (HA). The Commission would expect on-going discussions and agreement, where possible, with such bodies.

3.57 The Commission expects the impact of the proposal to be fully assessed as part of the EIA.

3.58 Transport of the waste stored temporarily on site should be addressed in terms of the form of transport and the possible routing.

3.59 Mitigation measures should be considered such as a travel plan and sourcing materials so as to minimise transport.

Cultural Heritage (section 6.18)

3.60 The setting of cultural heritage resources could be affected; this includes historic buildings, historic landscapes and archaeological sites and the Commission considers that these should be addressed in the ES. Cross reference should be made to the Landscape and Visual section of the ES.

Land use, Public Rights of Way (PRoW) and Amenity (section 6.19)

3.61 The Commission recommends that the ES should take account of the location of public rights of way (PRoW), including footpaths, bridleways and byways and should clearly set out impacts on them, including within the wider area. It is important to minimise hindrance to them where possible. A clear indication should be given as to how the development will affect the existing and future facilities along the pipeline route and what mitigation would be appropriate in the short and long term.

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Other Topics for Considerations

Air quality

3.62 The Commission considers that the proposed site lies within a sensitive area that includes a nationally designated wildlife site (Old River Dove, Marstone on Dove).

3.63 There is the need to consider potential related effects due to an increase in airborne pollution especially during construction. There is likely to be an increase in airborne dust during construction as a result of the exposure to bare soil along the working width, especially during the summer months.

3.64 The assessment should take account of the emissions from the proposed development itself as well as the traffic assessment and also provide information to inform the ecological assessments, both terrestrial and marine.

3.65 Air quality and dust levels should be considered not only on site but also off site, including along access roads and local footpaths.

3.66 Consideration should be given to appropriate mitigation measures and to monitoring dust complaints.

Socio-economic

3.67 The Commission recommends that the types of jobs generated should be considered in the context of the available workforce in the area, this applies predominantly to the construction phases but should include operational resources.

3.68 The Commission recommends that the assessment criteria should be locationally specific and consider the potential significance of the impacts of the proposal within the local and regional context.

3.69 The Commission is operating on the assumption that the route choice has taken account of Health & Safety legislation as it relates to the proximity of gas pipelines to built up areas and property and the routes of other underground and above ground infrastructure.

Waste

3.70 The Commission considers it essential to also take account of materials to be removed from the site and to identify where potential traffic movements would be routed.

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3.71 The Commission advises that the ES should clarify the types of all wastes to be processed and that the effect of the proposal, in terms of waste, should be included in the ES.

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OTHER INFORMATION

Appropriate Assessment

4.1 The Applicant’s attention is drawn to the (Applications: Prescribed Forms and Procedure) Regulations 2009 (APFP) and the need to include information identifying European sites to which the Habitats Regulations applies or any Ramsar site which may be affected by a proposal. The information to be submitted should be sufficient for the Commission to make an appropriate assessment of the implications for the site if required by regulation 61(1) of the Conservation of Habitats and Species Regulations 2010.

4.2 The report to be submitted under Reg 5(2)(g) of the APFP with the application must deal with two issues. The first is to enable a formal assessment by the Commission, as the competent authority, of whether there is likely significant effect and the second, should it be required, is to enable the carrying out of an appropriate assessment by the Commission.

4.3 When considering aspects of the environment likely to be affected by the development; including flora, fauna, soil, water, air and the inter relationship between these, consideration should be given to the designated sites in the vicinity of the proposed development, including The River Mease Site of Special Scientific Interest (SSI) and Special Area of Conservation (SAC).

4.4 Further information with regard to the Habitats Assessment process is located within the pre-application IPC Guidance Note 2 available via the Commission’s website.

Health Impact Assessment

4.5 The applicant should have regard to any responses received from the relevant consultees regarding health and consider any likely significant health effects on the population. Although not a mandatory requirement of the EIA Regulations the applicant may wish to consider whether to submit a stand-alone Health Impact Assessment (HIA) to support the application. The methodology for the HIA, if prepared, should be agreed with the relevant statutory consultees and take into account mitigation measures for acute risks.

Other Regulatory Regimes

4.6 The Commission recommends that the applicant should state clearly what regulatory areas are addressed in the ES. The applicant should ensure that all relevant authorisations, licences, permits and consents

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that are necessary to enable operations to proceed are described in the ES. Also it should be clear that any likely significant effects of the proposed development which may be regulated by other statutory regimes have been properly taken into account in the environmental impact assessment (EIA).

4.7 It will not necessarily follow that the granting of consent under one regime will ensure consent under another regime. For those consents not capable of being included in an application for consent under the Planning Act 2008, the applicant should note that a level of assurance or comfort from the relevant regulatory authorities that the design or plan is acceptable and likely to be approved by them will be required by the Commission before a recommendation or decision on any application is made. This is in accordance with draft policy guidance in Overarching National Policy Statement (NPS) for Energy (EN-1) (see paragraph 3.2 of this opinion regarding the status of National Policy Statements). Applicants are encouraged to make early contact with other regulators. Information from applicants about progress in obtaining other permits, licences or other consents and confirmation that there is no obvious reason why they will not subsequently be granted will be helpful in supporting an application for development consent to the Commission.

Climate Change

4.8 The draft Overarching National Policy Statement for Energy (EN-1) states at paragraph 2.1.1: ‘It is important to note that the planning system is not the vehicle for delivering all aspects of Government energy and climate change policy; there are many aspects that will not be relevant to IPC decisions or decisions by local authorities.’

4.9 It continues at paragraph at paragraph 2.1.5: ‘Given that the Government policies that underlie the NPSs have been set in accordance with the Transitional Plan and carbon budgets, the IPC does not need to assess individual applications in terms of carbon emissions against the budgets’.

4.10 Schedule 4 of the EIA Regulations includes a number of factors some of which might be anticipated to have an impact upon climate change (‘expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc) resulting from the operation of the proposed development’ 1). The aspects of the environment likely to be significantly affected by the development includes climatic factors.

1 Para 17(c) Sch 4 28

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4.11 Part 2 of the Schedule requires the applicant to provide information that could relate to the consideration of climate change: ‘The data required to identify and assess the main effects which the development is likely to have on the environment’ 2.

4.12 The Commission considers that this information should be dealt with in the ES under a number of specialist topics and taking into account specific references in the relevant draft NPSs. The applicant may care to consider whether it would be helpful if this information was also collated into one section in order to better understand how the cumulative impacts have been addressed.

4.13 The Commission considers that the ES should set out clearly the way in which climate change (including adaptation) and the potential significant effects resulting from the development and any cumulative effects with other development including the consented Willington C Gas Power Station have been addressed.

Applicant’s Consultation

4.14 It is recommended that the applicant provides preliminary environmental information3 to the local authority when presenting it with the draft Statement of Community Consultation (SoCC) for comment under s47 of the Planning Act 2008.

4.15 Consultation with the local community should be carried out in accordance with the SoCC which will state how the applicant intends to consult on the preliminary environmental information. Where consultation responses have resulted in important changes affecting the EIA, such comments could usefully be considered and reported in the ES. This information could also form part of the consultation report required to be submitted with the application for development consent.

2 Para 26 Sch 4 3 For an explanation see under ‘Interpretation’ in the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 SI2263 29

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APPENDIX 1

LIST OF CONSULTATION BODIES FORMALLY CONSULTED DURING THE SCOPING EXERCISE

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APPENDIX 1

LIST OF CONSULTATION BODIES FORMALLY CONSULTED DURING THE SCOPING EXERCISE

CONSULTEE ORGANISATION

SCHEDULE 1 LIST OF CONSULTEES

The Relevant Responsible Regional West Midlands Leaders Board Authority1 East Midlands Councils

The Health and Safety Executive Health and Safety Executive

The Relevant Strategic Health NHS East Midlands Authority NHS West Midlands

Natural England Natural England (National and West Midlands and East Midlands Regional Contact) The Historic Buildings and English Heritage (National and East Monuments Commission for England Midlands West Midlands Regional Contacts)

The Relevant Fire and Rescue Staffordshire Fire & Rescue Service Authority Derbyshire Fire & Rescue Service

The Relevant Police Authority Derbyshire Police Authority

Staffordshire Police Authority

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The Relevant Parish Council(s) or Marston on Dove Parish Council Relevant Community Council Findern Parish Council Egginton Parish Council Willington Parish Council Burnaston Parish Council Barton-under-Needwood Parish Council Tatenhill Parish Council Yoxall Parish Council Dunstall Parish Council Anslow Parish Council Wychnor Parish Council Tutbury Parish Council Rolleston on Dove Parish Council Walton upon Trent Parish Council Foston and Scropton Parish Council Repton Parish Council Newton Solney Parish Council Twyford and Stenson Parish Council Etwall Parish Council Radbourne Parish Council Hatton Parish Council Hilton Parish Council King's Bromley Parish Council Alrewas Parish Council Hamstall Ridware Parish Council Edingale Parish Council Branston Parish Council Newborough Parish Council Hanbury Parish Council Burton Parish Council Hoar Cross Parish Council Outwoods Parish Council Stretton Parish Council

The Environment Agency The Environment Agency (National and East Midlands Central Midlands Regional Contacts)

The Commission for Architecture and CABE Design Review The Built Environment

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The Relevant Regional Development East Midlands Development Agency Agency Advantage West Midlands

The Equality and Human Rights Equality and Human Rights Commission Commission

The Commission for Sustainable Sustainable Development Development Commission

The Homes and Communities Agency HCA

The Commission for Rural The Commission for Rural Communities Communities

The Civil Aviation Authority Directorate or Airspace Policy

The Highways Agency The Highways Agency

The Relevant Highways Authority Derbyshire County Council Highways

Staffordshire County Council Highways

The Rail Passengers Council Rail Passenger Council

The Disabled Persons Transport DPTAC Advisory Committee The Coal Authority The Coal Authority

The Office Of Rail Regulation Office of Rail Regulation

Approved Operator Network Rail Infrastructure Ltd

Network Rail (CTRL) Ltd

The Gas and Electricity Markets OFGEM Authority The Water Services Regulation OFWAT Authority The Relevant Waste Regulation Derbyshire County Council Waste Authority Staffordshire County Council Waste

South Derbyshire District Council Waste

East Staffordshire Borough Council Waste

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The British Waterways Board The British Waterways Board

The Health Protection Agency The Health Protection Agency

The Relevant Local Resilience forum Staffordshire Local Resilience Forum

Derbyshire Local Resilience Forum

The Crown Estate Commissioners The Crown Estate Commissioners The Forestry Commission Forestry Commission (West Midlands and East Midlands Regional Conacts)

RELEVANT STATUTORY UNDERTAKERS

Heath Bodies under the Acquisition of Burton Hospitals NHS Foundation Land Act 1981 s.16 Trust

Derby Hospitals NHS Foundation Trust

East Midlands Ambulance Service NHS Trust

West Midlands Ambulance Service NHS Trust

Derbyshire Mental Health Services NHS Trust Derbyshire County PCT

South Staffordshire PCT

Electricity Distributors With CPO Central Networks East Plc Powers Central Networks West Plc

ECG (Distribution) Limited

EDF Energy (IDNO) Limited

Energetics Electricity Limited

ESP Electricity Limited

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Independent Power Networks Limited

The Electricity Network Company Limited

Electricity Generators With CPO International Power Plc Powers Electricity Transmitters With CPO National Grid Powers

Licence Holder (Chapter 1 Of Part 1 NATS En Route plc Of Transport Act 2000) Public Gas Transporter British Gas Pipelines Limited Energetics Electricity Limited Energetics Gas Limited ES Pipelines Ltd ESP Connections Ltd ESP Networks Ltd ESP Pipelines Ltd Fulcrum Pipelines Limited Fulcrum GTC Pipelines Limited Energy House Independent Pipelines Limited Intoto Utilities Limited National Grid Gas Plc (NTS) National Grid Gas Plc (RDN) Northern Gas Networks Limited Quadrant Pipelines Limited Scotland Gas Networks Plc Southern Gas Networks Plc SP Gas Limited SSE Pipelines Ltd The Gas Transportation Company Limited Energy House Wales and West Utilities Limited Utility Grid Installations Limited Wales and West Utilities Ltd Water and Sewage Undertakers South Staffordshire Water

Severn Trent

Universal Service Provider Royal Mail Group

Railways BRB Residuary Limited

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LOCAL AUTHORITY (s.43)

Local Authority (s.42) Amber Valley Borough Council Ashfield District Council Barnsley Metropolitan Borough Council Bassetlaw District Council Birmingham City Council Bolsover District Council Bromsgrove District Council Broxtowe Borough Council Cannock Chase District Council Cheshire East Council Chesterfield Borough Council Derby City Council Derbyshire Dales District Council Dudley Metropolitan Borough Council Erewash Borough Council High Peak Borough Council Kirklees Council Lichfield District Council Mansfield District Council Newcastle-under-Lyme Borough Council North East Derbyshire District Council North Warwickshire Borough Council North West Leicestershire District Council Oldham Metropolitan Borough Council Rotherham Metropolitan Borough Council Rushcliffe Borough Council Sheffield City Council Shropshire County Council South Staffordshire Council Stafford Borough Council Staffordshire Moorlands District Council Stockport Metropolitan Borough Council Tameside Metropolitan Borough Council Tamworth Borough Council Telford and Wrekin Council Walsall Metropolitan Borough Council Wolverhampton City Council Wyre Forest District Council

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Leicestershire County Council Nottinghamshire County Council Warwickshire County Council Worcestershire County Council East Staffordshire Borough Council South Derbyshire District Council Derbyshire County Council Staffordshire County Council

1 The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations was amended by The Local Democracy, Economic Development and Construction Act 2009 (Consequential Amendments) (England) Order 2010. Regional planning bodies were replaced by responsible regional authorities as consultees in schedule 1. Responsible regional authorities are defined as follows:

(1) References in this Part to “responsible regional authorities”, in relation to a region, are to the following (acting jointly)—

(a) the regional development agency for the region, and (b) the Leaders’ Board for the region.

(2) But if during any period after the coming into force of this section there is no Leaders’ Board for a region, the references in this Part to “responsible regional authorities” are in relation to that period and region to be read as references to the regional development agency for the region. (s.72 of The Local Democracy, Economic Development and Construction Act 2009).

Please see table for Regional Development Agencies consulted

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APPENDIX 2

LIST OF BODIES WHO REPLIED BY 21 JULY 2010 AND COPIES OF REPLIES

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From: Eirian Thomas To: David Price; CRCE IPC Consultations; cc: IPC Scoping Opinion; Subject: RE: EIA Scoping Consultation Request Date: 23 June 2010 20:48:54

Dear David,

I acknowledge receipts of your email below informing us of an EIA Scoping report for the Willington Gas Pipeline project. The HPA will review the documents and respond to your request by the 21st July 2010.

Kind regards,

Eirian

Eirian Thomas CRCE IPC Coordination Team Health Protection Agency Chilton Oxfordshire, OX11 0RQ

[email protected] Telephone 01235 824868

From: David Price [mailto:[email protected]] Sent: 23 June 2010 18:13 To: CRCE IPC Consultations Subject: EIA Scoping Consultation Request

Dear Sir/Madam,

Please find attached a copy of the EIA Scoping Consultation request for the Willington Gas Pipeline project. Please ensure that all electronic responses are sent to the IPC scoping consultation mail box at the address below:

[email protected]

Regards <<100623_EN060001_Letter to stat consultees.doc>> Dave

David Price EIA and Land Rights Advisor Infrastructure Planning Commission (IPC) Temple Quay House Temple Quay Bristol BS1 6PN

Direct Line: 0303 444 5055 Helpline: 0303 444 5000 Email: [email protected] Website: www.independent.gov.uk/infrastructure

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From: Benson, Guy To: IPC Scoping Opinion; Subject: FW: Your reference 100623_EN060001_159423 (Proposed Gas pipeline to supply Willington C Power Station Derbyshire) Date: 25 June 2010 11:43:11

Dear Sirs

I refer to your letter dated 23rd June seeking the comments of my Council, as a consultation body, before you adopt your Scoping opinion.

I can advise that my Council does not have any comments to make.

Guy Benson Head of Planning and Development Services Regeneration and Development Directorate Newcastle-under-Lyme Borough Council

01782 717717 (Contact Centre) extn 4440 [email protected]

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From: John R Wright To: IPC Scoping Opinion; Subject: Proposed Gas Pipeline to Supply Willington C Power Station, Derbyshire Date: 28 June 2010 11:33:57

Dear Sir/Madam, I refer to your consultation with Leicestershire County Council dated 23 June on the Scoping Opinion request you have received for the above proposal. Because the proposed development is several kilometres from the Leicestershire boundary I do not consider that there will be any significant impacts effecting that County and consequently confirm that we do not have any comments. John Wright

Team Leader Policy and Mineral Planning Planning Historic and Natural Environment Leicestershire County Council County Hall Glenfield Leicester LE3 8RA Tel. 01163057041 Fax.01163057353

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Leicestershire County Council - Council of the Year 2009

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Mark Wilson Infrastructure Planning Commission Temple Quay House Temple Quay Your ref: 100623_EN060001_159423 Bristol BS1 6PN Date: 29 June 2010

Dear Mark

PROPOSED GAS PIPELINE TO SUPPLY WILLINGTON C POWER STATION, DERBYSHIRE (“ the project”) PROPOSAL BY RWE NPOWERPLC (“the Applicant”) INFRASTRUCURE PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2009 SI 2263(“ the EIA Regulations”)

Thank you for your consultation on the above. I would like to confirm that the East Midlands Councils, on behalf of the Responsible Regional Authorities, has no comments to make from the perspective of the East Midlands Regional Plan as the statutory development plan part of the East Midlands Regional Strategy.

Please note that the East Midlands Councils will no longer be able to respond to consultations on major planning applications of strategic importance.

Yours sincerely

Steve Bolton (Policy Adviser – Planning Conformity and Best Practice)

Chair: Councillor David Parsons CBE Executive Director: Dr Stuart Young East Midlands Councils, Phoenix House, Nottingham Road, Melton Mowbray LE13 0UL

1 From: Richard Wood To: IPC Scoping Opinion; Subject: FAO Mark Wilson Date: 29 June 2010 16:25:42

Dear Mr Wilson,

Please take this email as confirmation that Stockport Metropolitan Borough Council does not wish to comment upon the EIA scoping opinion in relation to the proposed gas pipeline to supply Willington C Power Station, Derbyshire.

Regards,

Richard Wood MRTPI Planning Policy Manager

Communities, Regeneration & Environment Directorate Stockport Metropolitan Borough Council 1st Floor, Hygarth House, 103 Wellington Road South Stockport SK1 3TT

Tel: 0161 474 4386

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Mr David Price (via e-mail) Independent Planning Commission

30 June 2010

Ref ERM/DAP/Planning/WillingtonGasPipeline Your Ref 100623_EN060001_159423 dated 23 June 2010

Dear Mr Price

Proposed Gas Pipeline to Supply Willington C Power Station – Scoping Opinion Comment

Thank you for your recent correspondence relating to the subject development. You sought related Civil Aviation Authority (CAA) scoping comment; I trust the following brief input is useful.

Evidently the major part of the project involves development below the surface, ie underground, albeit with some supporting infrastructure above ground level. Clearly, the underground development would not in itself impact upon aviation. In respect of the above ground development, I understand from review of the environmental report that you have provided that the maximum height of any permanent above ground structure associate with the pipeline would be a matter of a few metres. That being the case, I can advise that:

Notwithstanding the future need for the relevant planning authority to consult in line with ODPM / Department for Transport Circular 1/2003 to identify any aerodrome safeguarding issues, I think it unlikely that there are significant civil aerodrome related issues.

Dependant upon any input from other aviation stakeholders, there is unlikely to be any need for aviation warning lighting. Certainly, in isolation, the CAA would not make any case for such lighting.

There would be no aviation promulgation issue related to the height of structures.

Given the lack of associated comment within the material provided, it is anticipated that the facility would not involve the flaring and venting of gas, either routinely or as an emergency procedure such as to cause a danger to overlying aircraft. If that is not the case parties are invited to use myself as an appropriate point of contact for any further related discussion.

None of the above negates the need to seek the related viewpoints of the Ministry of Defence and local emergency service air support units (eg police and ambulance related helicopter operators) or any consultation requirement in line with Governmental direction related to the safeguarding of aerodromes and other technical sites.

In line with the above, unless there is a gas venting issue, at this stage I do not believe that there are any civil aviation issues that require addressing within any associated environmental study. I hope this information matches your requirements. Please do not hesitate to get in touch if you require any further comment or needs clarification of any point.

Yours sincerely

{original signed}

Mark Smailes Off Route Airspace 5

Civil Aviation Authority CAA House 45-59 Kingsway London WC2B 6TE www.caa.co.uk Telephone 020 7453 6545 Fax 020 453 6565 [email protected] 200 Lichfield Lane Berry Hill Mansfield Nottinghamshire NG18 4RG

Tel: 01623 637 119 (Planning Enquiries)

Email: [email protected]

Web: www.coal.gov.uk/services/planning

For the Attention of Mark Wilson Case Leader on behalf of the IPC Infrastructure Planning Commission

[By email to: [email protected]]

30 June 2010

Dear Mr Wilson

Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 – Proposed Gas Pipeline To Supply Willington C Power Station

Thank you for consulting the Coal Authority on the Scoping Opinion for the above proposal.

The route of the proposed pipeline lies outside of the defined coalfield. As such, the Coal Authority does not wish to make any detailed comment in relation to the applicant’s Scoping Report.

I trust this is helpful. However, please do not hesitate to contact me if you require any additional information or would like to discuss this matter further.

Yours sincerely

David Berry B.Sc.(Hons), MA, MRTPI Planning Liaison Officer

In line with Government led initiatives the Coal Authority is committed to the delivery of efficient, high quality services supported by information technology. To support this we prefer communication in electronic format wherever possible. From: [email protected] To: David Price; Subject: RE: EIA Scoping Consultation Request - Willington Gas Pipeline Date: 30 June 2010 14:53:42

Good afternoon David

I don't know if receipt of this mail has been acknowledged, but in case not I shall do so. The consultation request has been sent to the appropriate contributors in HSE for comments.

Regards

Ian

Ian Sharrock Risk Communications Policy Unit Chief Scientific Advisor's Group Health & Safety Executive, 4.3 Redgrave Court, Merton Road, Bootle L20 7HS [email protected]

From: David Price [mailto:[email protected]] Sent: 23 June 2010 18:13 To: NSIP Applications Subject: EIA Scoping Consultation Request - Willington Gas Pipeline

Dear Sir/Madam,

[email protected]

Kind regards <<100623_EN060001_Letter to stat consultees.doc>>

David

David Price EIA and Land Rights Advisor Infrastructure Planning Commission (IPC) Temple Quay House Temple Quay Bristol BS1 6PN

Direct Line: 0303 444 5055 Helpline: 0303 444 5000 Email: [email protected] Website: www.independent.gov.uk/infrastructure

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Your ref: 100623_EN060001_159423

HSE: email: [email protected] Mr David Price EIA &Land Rights Advisor Infrastructure Planning Commission (IPC) Temple Quay House Temple Quay Bristol BS1 6PN

20th July 2010

Dear Mr Price

PROPOSED GAS PIPELINE TO SUPPLY WILLINGTON C POWER STATION DERBYSHIRE (“the project”) PROPOSAL BY RWE NPOWER PLC (“the applicant”) INFRASTRUCTURE PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2009 SI 2263 (“THE EIA Regulations”)

Thank you for your letter of 23rd June 2010 regarding the information to be provided in an environmental statement relating to the above project.

There is little for HSE to comment on at this stage however, there are some observations that it would seem sensible to pass on to RWE NPOWER PLC

The promoter will need to refer to the Pipeline Safety Regulations (1996), which require the operator to notify HSE prior to initial use. The links below contains useful information on these Regulations and the Gas Safety (Management) Regulations 1996. www.hse.gov.uk/gas/supply/information.htm www.hse.gov.uk/pipelines/index.htm

A check has been made on the locations of licensed the explosives sites in relation to the Willington Site and the gas pipeline route. The nearest sites are two Cosmic licensed explosive sites and one British Gypsum Fixed Rule licensed site, but they will not have any impact on this development. HSE is aware of mine workings in the area and npower should identify these as part of their assessment process and check with the relevant mining companies. The most appropriate contacts regarding the mine workings are Mr C Thomas – Surveyor or Dr N Worley – Mineral and Estates Manager for Saint Gobain. The senior Director of Mining Operations and for this particular operation is Dr Paul Holmes, who can be contacted at paul.holmes@saint- gobain.com

The environmental statements, design, construction and proposed operation should ensure compliance with the requirements of the Health and Safety at Work etc Act 1974 and its relevant statutory provisions.

I hope this is useful. HSE looks forward to receiving the formal s42 consultation from the promoter in due course when the plans are sufficiently developed.

Please note any further communication on this project can be sent direct to the HSE designated e-mail account for NSIP applications the details of which can be found at the top of this letter.

Yours sincerely

Stephen Kinghorn-Perry Head of Risk Communication and Land Use Planning Policy Unit

From: Pat McHugh To: IPC Scoping Opinion; Subject: Proposed Gas Pipeline to Willington Power Station (EIA Regulations) Date: 19 July 2010 16:03:25

Your Ref: 100623_EN060001_159423

FAO Mark Wilson

Dear Sirs,

I refer to your letter dated 23/06/10.

I am writing to confirm that Erewash Borough Council Planning Section has no comments to make regarding the above matter.

Yours faithfully,

Patricia McHugh Planning Officer (Development Management) Erewash Borough Council

The opinions expressed in this e-mail are those of the author and do not necessarily represent the opinions of Erewash Borough Council. This e-mail and any attachments are confidential and intended solely for the addressee. If you have received this e-mail in error please notify the sender and delete it from your system. The recipient should check this e-mail and any attachments for the presence of viruses. Erewash Borough Council accepts no liability for any loss or damage caused by the use of this e-mail or attachments. All communications sent to or from Erewash Borough Council may be subject to monitoring and recording. Under the Data Protection Act 1998 and Freedom of Information Act 2000 the contents of this e-mail may be disclosed. Erewash Borough Council, Ilkeston Town Hall, Wharncliffe Road, Ilkeston, Derbyshire. DE7 5RP. www.erewash.gov.uk

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From: Mike Keegan To: IPC Scoping Opinion; cc: Kevin Dibble; Paula Roberts; Subject: Your Ref - 100623_EN60001_159423 Date: 01 July 2010 12:53:11 Attachments: Willington - IPC Letter.pdf

FAO Mark Wilson

Mark In response to your letter relating to a proposed gas pipeline to Supply Willington C Power Station we confirm that we do not have any comments. Additionally we consider that we are not a consultation body as defined in the EIA Regulations because we do not fall into any of the items listed in Schedule 1 of Statutory Instrument - 2009 No. 2264 - Infrastructure Planning - The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009. http://www.opsi.gov.uk/si/si2009/uksi_20092264_en_1

Regards

Dr Mike Keegan

Environment Manager, Europe International Power plc

T 01793 441820 M 07989 492466 email [email protected]

International Power plc, registered in England with number 2366963. Registered office Senator House, 85 Queen Victoria Street, London EC4V 4DP.

Throughout the year International Power support Crisis, Sight Savers, and The Koru Foundation as part of their Charitable giving policy. Please note that neither International Power plc nor the sender accepts any responsibility for any viruses that may be contained in this e-mail or its attachments. This message and any attachments are confidential. If you are not the intended recipient, please telephone or e-mail the sender, delete this message and any attachment from your system. If you are not the intended recipient you must not copy this message or attachment or disclose the contents to any other person.

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From: Iain Chambers To: IPC Scoping Opinion; Subject: EIA Scoping - Gas Pipeline for Willlington C Power Station Date: 03 July 2010 21:44:43

Hi, Your Ref: 100623_EN060001_159423 I was intrigued to receive your letter of 23rd June asking for the comments of Tameside MBC on the application made by RWE NPOWER PLC. Given that the power station site is in deepest Derbyshire I thought the pipeline must be passing through east Manchester.

However, having brought up the pdf file I find that the pipe corridor runs through south Derbyshire and Staffordshire. As my Borough lies well to the north there does not appear to be any obvious reason why my authority would need to be notified, or would have any comments to make.

Clearly, if I have misjudged the terms of the scoping application please let me know.

Regards, Iain Chambers Acting Regulatory Services Manager

PS Bob Tacey to whom the letter was addressed has retired from my authority

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From: IPC Enquiries To: IPC Scoping Opinion; Subject: FW: Gas Pipeline to Willington C Power Station 100623_EN060001_159423 Date: 05 July 2010 16:49:53

Kathryn Powell Case Officer Infrastructure Planning Commission (IPC) Temple Quay House Temple Quay Bristol BS1 6PN

Direct Line 0303 444 5065 Switchboard 0303 444 5000 [email protected]

Website: www.independent.gov.uk/infrastructure

You should note that we have a Policy Commitment to Openness and Transparency and you should not provide us with confidential or commercial information which you do not wish to be put in the public domain. From: Alan Slee [mailto:[email protected]] Sent: Monday, July 05, 2010 2:05 PM To: IPC Enquiries Subject: FW: Gas Pipeline to Willington C Power Station 100623_EN060001_159423

Please ignore previous email – date amendment in text.

Regards,

Alan Slee Operations Manager

DD 01372 227567 Mobile 07766 802070 Fax 01372 386203

From: Alan Slee Sent: 05 July 2010 14:00 To: '[email protected]' Subject: Gas Pipeline to Willington C Power Station 100623_EN060001_159423

Dear Mark,

Environmental Impact Assessment Proposed Gas Pipeline to Supply Willington C Power Station, Derbyshire (DE65 6) 100623_EN060001_159423

Further to your communication to E S Pipelines Ltd, ESP Networks Ltd, ESP Electricity Ltd and ESP Connections Ltd dated 23 June 2010 I can confirm that our businesses have no comments to make at this stage.

Regards,

Alan Slee Operations Manager

DD 01372 227567 Mobile 07766 802070 Fax 01372 386203 Hazeldean, Station Road, Leatherhead KT22 7AA 01372 227560 01372 377996

MAP http://www.espipelines.com

The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful.

Please consider the environment before printing this e-mail

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Infrastructure Planning Commission Floor 1b Temple Quay house George Stephenson House Temple Quay Toft Green Bristol York BS1 6PN YO1 6JT

F A O Mark Wilson Y/Ref. 100623_EN060001_/159423

06 July 2010

Dear Sir

Scoping Opinion Request for Proposed Gas Pipeline to Supply Willington C Power Station, Derbyshire

I refer to a scoping consultation sent to Network Rail with regard to the proposed development at the above address. For the purposes of the scoping opinion we are pleased to set out below those matters which we consider relevant in the context of the development site’s proximity to our infrastructure.

Please note that Network Rail have a statutory obligation to ensure the availability of safe train paths and as such we are required to take an active interest in any construction/demolition activity adjacent to our property that potentially could affect the safe operation of the railway.

On specific matters, clearly our key interest is to protect the physical railway infrastructure. As the development site bounds both the Nottingham to Stoke and Birmingham to Derby lines the EIA should demonstrate that the railway infrastructure will not be compromised and be adequately protected.

Part of this will be to demonstrate that the development will not interference with the existing railway drainage and that all surface and foul water arising from the proposed works will be collected and diverted away from Network Rail Property.

Security of the railway boundary will require to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact Network Rail’s Asset Protection Engineer. Consideration should be given to ensure that the construction and subsequent maintenance can be carried out to the pipeline without adversely affecting the safety of, or encroaching upon Network Rail’s adjacent land. An agreement for any access requirements over Network Rail land along with any easements over/under the railway itself will need to be secured with Network Rail.

I trust full cognisance will be taken in respect of these comments. If you have any further queries or require clarification of any aspects, please do not hesitate to contact me. I would also be grateful if you could inform me of the outcome of the scoping opinion and any relevant further correspondence in due course.

Yours sincerely

Margaret Lake Town Planning Technician LNE Network Rail

From: [email protected] To: IPC Scoping Opinion; Subject: Your ref 100623_EN06000001_159423 Proposed Gas Pipeline WILLINGTON C POWER STATION CONSULTATION AND EIA SCOPING OPINION Date: 08 July 2010 10:48:08

As the pipeline will run from Yoxall to Willington , is a number of miles from the Birmingham City Council boundary this authority has no comments to offer.

Graham Mitchell Principal Planning Officer Planning Management 0121 464 7800 ********************************************************************************************** IMPORTANT: The contents of this email and any attachments are confidential. They are intended for the named recipient(s) only. If you have received this email in error, please notify the system manager or the sender immediately and do not disclose the contents to anyone or make copies thereof. *** eSafe scanned this email for viruses, vandals, and malicious content. *** **********************************************************************************************

********************************************************************** Correspondents should note that all communications to Department for Communities and Local Government may be automatically logged, monitored and/or recorded for lawful purposes. ********************************************************************** From: .box.PPRSTeam To: IPC Scoping Opinion; Subject: FW: National Grid Plant Enquiry Response - Ref: EM_TW_F_03860 (Your Ref: 100623_EN060001_159423) Date: 08 July 2010 15:52:47 Attachments: DigSafe_credit_card3d_gas_final_amends_061207.pdf Other_Address_Flyer_v8.xls Willington C Gas pipeline.pdf 7332_NatGrid_assetprot_V1_final.pdf

Do not reply directly to this e-mail account as it is not monitored

E-mail: [email protected]

Please find National Grid’s response to your enquiry

Regards

Plant Protection Team

Tel: 0800 688 588

National Grid Plant Protection National Grid, Block 1 Floor 2 Brick Kiln Street Hinckley LE10 0NA One Number One Address (Distribution & Transmission) For National Grid Transmission Assets Search Free at www.linesearch.org

From: GL Plant Enquiries Trial System [mailto:[email protected]] Sent: Thursday, July 08, 2010 3:49 PM To: .box.PPRSTeam Subject: National Grid Plant Enquiry Response - Ref: EM_TW_F_03860 (Your Ref: 100623_EN060001_159423)

Formal Consultation / Statutory Order - Ref: EM_TW_F_03860 (Your Ref: 100623_EN060001_159423)

National Grid acknowledges receipt of your enquiry received on 08/07/2010.

A standard assessment has been carried out with respect to our operational gas and electricity apparatus.

As your proposal are in close proximity to National Grid’s Transmission assets we have referred your enquiry / consultation to our Land and Development Stakeholder and Policy team for further assessment. We request that you take no further action with regards to your proposal until you hear from us. We will contact you within 28 days from the date of this response. Please contact us if you a have not had a response within this timeframe.

Please note this assessment is purely related to the potential for the proposed physical works to adversely impact National Grid's assets. It does not imply in any way the acceptability of the proposed development from a planning perspective.

See the assessment below for full details.

Apparatus owned by other operators may be present in this area. It is your responsibility to make contact with these operators.

Assessment

There is National Grid apparatus directly crossing your Area of Enquiry. Before carrying out any excavation, trial holes must be dug to find the exact position of gas pipes, using recognised and agreed safe hand digging techniques.

Reference should be made to the HSE Guidance Note HSG47 - 'Avoiding Danger from Underground Services'.

Please read the rest of this message and its attachments carefully for additional information and guidance.

Due to the nature of the planning application and the presence of National Grid apparatus within the above mentioned site, the contractor should contact National Grid before any physical works are carried out to ensure our apparatus is not affected by any of your works.

High Pressure National Gas Transmission Major Accident Hazard Pipeline/ Installation

There is a High Pressure National Transmission gas major accident hazard pipeline/ installation in the vicinity of your enquiry which may be affected by your activities.

Prior to work commencing within the easement of a National High Pressure gas pipeline written permission must be obtained from National Grid. A minimum notice period of seven working days is required before commencement of work.

Our contact telephone number for further information is: 0800 688 588

Guidance

See attached for DigSafe Guidance 'Credit Card' See attached for National Grid 'Useful Addresses' Flyer

If working in the vicinity of a high pressure gas pipeline the following document must be followed: ‘Specification for Safe Working in the Vicinity of National Grid High Pressure Gas Pipelines and Associated Installations – Requirements for Third Parties’ SSW22. This can be obtained from: http://www.nationalgrid.com/NR/rdonlyres/50ACAC0A-ED26-41A7-91FA- 83163A98270F/23790/TSPSSW22_J537_Rev0807.pdf

National High Pressure Gas Pipelines Guidance: http://www.nationalgrid.com/NR/rdonlyres/446009BF-ABB5-42E1-B9FE- 44E90D577DD5/18653/APTGasGuidance_2_.pdf

Safe digging practices, in accordance with Health and Safety Executive document HSG47, must be used to verify and establish the actual position of mains, pipes, cables, services and other apparatus on site before any mechanical plant is used.

It is your responsibility to ensure that all relevant information is provided to all persons (either direct labour or contractors) working for you on or near National Grid apparatus.

It must be stressed that both direct and consequential damage to gas or electricity apparatus can be dangerous both for your employees and the general public.

Repairs to any such damage will incur a charge. Your works should be carried out in such a manner that we are able to gain access to our apparatus throughout the duration of your operations.

Work carried out without proper consultation is done so at your own risk.

Please note that apparatus owned by other operators may be present in this area. Information with regard to such apparatus should be obtained from the owners.

Should the location, date or nature of your activities change, you must submit another enquiry which reflects the updated details.

If you require further assistance please contact the National Grid Plant Protection team:

Plant Protection

National Grid

Block 1; Floor 2

Brick Kiln Street

Hinckley

LE10 0NA Tel: 0800 688 588

Email: [email protected]

Reporting a Gas Emergency

If you smell gas or are worried about gas safety in Britain, you can call 0800 111 999 at any time, day or night. Your call will not cost you anything. Calls are recorded and may be monitored.

Received Date 08/07/2010

On behalf of Third Party Organisation Name: Infrastructure Planning Commission Contact Name: Mark Wilson Email address: [email protected] Telephone: 03034445000 Address: Temple Quay House, Temple Quay, , , Bristol, , BS1 6PN

Your Reference 100623_EN060001_159423

Recipients [email protected]

Notice Type Formal Planning Application

Work Types

Map Options Paper Size: A3 Orientation: Portrait Requested Scale: 1:2500 Actual Scale: 1:5000 (GAS), 1:5000 (ELECTRIC) Real World Extents: 1445m x 1835m (GAS), 1445m x 1835m (ELECTRIC)

Description of Works scoping opinion for gas pipeline

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********************************************************************** Plant Protection supplies details of National Grid's Gas apparatus, assesses Planning Applications, process Stopping Up orders, assists with Mains Diversions and Wayleave/Easement Searches. For future enquiries of this nature, please send enquiries to:

National Grid Brick kiln street Tel: 0800 688 588 Hinckley Fax: 01455 233 790 Leicestershire E-Mail: [email protected] LE10 0NA

Below are a list of addresses which may be useful to you in the future:

We have forwarded your enquiry to the following Department(s) for their action:

Capacity - Domestic Service Live or Dead Southern Gas Networks National Grid National Grid & Scotland Gas Networks Lakeside House Lakeside House Plant Location Dept. The Lakes The Lakes 95 Kilbirnie Street Northampton Northampton Glasgow NN4 7HD NN4 7HD G5 8JD

01604 815851 01604 815851 0141 418 4093

Domestic Connections NRSWA Wales & West Utilities National Grid National Grid Spooner Close Lakeside House Brick Kiln Street Celtic Springs The Lakes Hinckley Newport Northampton Leicestershire NP10 8FZ NN4 7HD LE10 0NA 02920 278 912 0870 903 9999 01455 892174

Isolations and Disconnections Naming and Numbering Northern Gas Networks National Grid National Grid 1st Floor Lakeside House Brick Kiln Street 1 Emperor Way The Lakes Hinckley Doxford Int. Business Park Northampton Leicestershire Sunderland NN4 7HD LE10 0NA SR3 3XR

0870 903 9999 0191 501 4349

Fulcrum Connections Mains Diversions Team Greasborough Road (Please contact Plant Rotherham Protection Team) S61 4QQ Site Visit Department 0870 606 4750 (Please contact Plant Protection Team)

6 October 2008 - Version 8 Excavating Safely – General Advice • Before using mechanical excavators always locate gas pipes • To avoid injury you must use Personal Protective Equipment STOP – Do not start work without by hand dug trial holes. (PPE) as detailed in the risk assessment. • You must have a site induction and read relevant risk assessments to prevent injury. • You must not use a mechanical excavator • Do not use any exposed gas pipe as a hand hold or step. gas plans - within 0.5 metres of a low/medium pressure gas pipe • You must have full colour plans of National Grid gas • Report all damage, no matter how slight. A gas pipe that has - within 3.0 m of an intermediate pressure gas pipe LOOK – Carry out a visual survey, use pipes available on site before work commences. The been struck, but appears undamaged, may have caused a position of all National Grid gas apparatus should be • Any concrete blocks near gas pipes must not be removed as leak in a building with a risk of explosion and injury or loss of a pipe locator and hand dig established using plant location equipment and marked they may be part of an anchoring system – if in doubt contact life. clearly on the surface before excavation work begins National Grid on 0800 688 588. trial holes – if in doubt ask your supervisor • Gas pipes must be supported as agreed and detailed in the For further information and free downloads please visit: • Before work begins, trial holes should be dug to ﬁnd risk assessment. LISTEN – Follow National Grid http://www.nationalgrid.comdialbeforeyoudig the exact position of gas pipes, using recognised and • Take care to avoid trench collapse. Trench sheets must not instructions agreed safe hand digging techniques. be placed against metallic gas pipes. In case of Gas Emergency • Do not attempt to operate any valves (unless directed by GAS CONTACTS call centre staff to close emergency control valves at Excavating Safely If you cause a gas leak, or suspect that gas pipe or domestic properties). equipment is leaking, you must take the following actions • Damage to a service supplying a building may result in gas The National Gas Emergency Service immediately: entering the building. • Stop work and get everyone away from the immediate • Prevent any approach to the immediate vicinity of the 0800 111 999* vicinity of the escape. escape. • Inform the National Gas Emergency Service immediately • Prohibit smoking and extinguish all naked flames or other on 0800 111 999*. ignition sources for at least 15m from the leakage. Plant Protection Team Avoiding injury while • Do not attempt to stop the escape by filling the hole as • Assist National Grid, Police or Fire Services as requested. working near gas pipes gas may enter buildings. • If escaping gas is entering properties advise the Smell gas? Call 0800 111 999* 0800 688 588 occupants to leave until it is deemed safe to return by National Grid staff. *All calls are recorded and may be monitored SPN218. 11/07. π. From 2nd November 2009 onenumber oneaddress For all National Grid plant location enquiries 0800 688 588

[email protected] Work Safely in the vicinity National Grid Plant Protection of National Grid’s assets National Grid, Block 1, Floor 2 Brick Kiln Street Hinckley LE10 0NA Who do I contact?

Scotland Gas Gas Distribution Electricity Transmission Gas Transmission Networks Scottish and Southern Energy

Northern Gas Scottish National Grid Power Networks National Grid

National Grid

Wales & the West Utilities Southern Gas Networks

Electricity Distribution

Scottish and Super quick FREE search Southern Energy facility at www.linesearch.org

Scottish Power For all other Transmission and Distribution CE Electric UK company contact details please visit United Utilities EON Central www.energynetworks.org Scottish Power Networks Energy Networks

EDF Energy Networks

Western Power Scottish and Distribution Southern Energy Inspiring and attracting tomorrow’s engineers

National Grid assets could be affected by work you are planning to undertake. Please contact the National Grid Plant Protection team prior to carrying out your works and enclose the following: - a clearly identiﬁable plan - site grid reference or postcode - works start date - contact details - nature of the planned works

'Self-search' facilities provided by National Grid:

www.linesearch.org is a free online enquiry system designed to give instant results. It takes a few minutes to register on the website. You can enter a grid reference, postcode or street name to search. If your result is in a National Grid 'zone of interest' you can click directly through to the National Grid Plant Protection team to request further plant location details. At the same time your search will have checked your enquiry against the plant location for over 20 other companies.

National Grid website for transmission only information at www.nationalgrid.com/ 8 landanddevelopment

National Grid CD's can be uploaded onto your system to show you the location of our gas transmission and distribution and electricity transmission assets. For a copy of National Grid CD's please contact 0800 688588. Print Preview Page 1 of 1

NGC Asset Raster

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http://ngesxwrk027v01/t_landndev/commands/printadvanced/print_preview_landscape.asp 08/07/2010 PAI activity present in view

SCALE: 1 : 2500 LP MAINS Desktop MAPS Version 5.1.2.0 MP MAINS USER ID: steve.carter IP MAINS DATE: 08/07/2010 LHP MAINS NHP MAINS INTERNAL USE ONLY HISTORY MAINS MAP REF: SK3029 LAs Hinckley Server GTs SSSIs CENTRE: 430649, 329732 This plan is reproduced from or based on the OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved.

This plan shows those pipes owned by National Grid Gas plc in their role as a Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by National Grid Gas plc or their agents, servants or contractors for any error or omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure that this information is provided to all persons (either direct labour or contractors) working for you on or near gas apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date of issue. PAI activity present in view

SCALE: 1 : 2500 LP MAINS Desktop MAPS Version 5.1.2.0 MP MAINS USER ID: steve.carter IP MAINS DATE: 08/07/2010 LHP MAINS NHP MAINS INTERNAL USE ONLY HISTORY MAINS MAP REF: SK3029 LAs Hinckley Server GTs SSSIs CENTRE: 430072, 329239 This plan is reproduced from or based on the OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved.

SCALE: 1 : 2500 LP MAINS This plan shows those pipes owned by National Grid Gas plc in their role as a Desktop MAPS Version 5.1.2.0 MP MAINS Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. USER ID: steve.carter Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan IP MAINS is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, DATE: 08/07/2010 LHP MAINS etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by NHP MAINS National Grid Gas plc or their agents, servants or contractors for any error or INTERNAL USE ONLY HISTORY MAINS omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure LAs Hinckley Server MAP REF: SK2928 that this information is provided to all persons (either direct labour or contractors) working for you on or near gas GTs SSSIs CENTRE: 429629, 328738 apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date This plan is reproduced from or based on the of issue. OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved. PAI activity present in view

SCALE: 1 : 2500 LP MAINS This plan shows those pipes owned by National Grid Gas plc in their role as a Desktop MAPS Version 5.1.2.0 MP MAINS Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. USER ID: steve.carter Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan IP MAINS is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, DATE: 08/07/2010 LHP MAINS etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by NHP MAINS National Grid Gas plc or their agents, servants or contractors for any error or INTERNAL USE ONLY HISTORY MAINS omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure LAs Hinckley Server MAP REF: SK2828 that this information is provided to all persons (either direct labour or contractors) working for you on or near gas GTs SSSIs CENTRE: 428962, 328364 apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date This plan is reproduced from or based on the of issue. OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved. PAI activity present in view

SCALE: 1 : 2500 LP MAINS This plan shows those pipes owned by National Grid Gas plc in their role as a Desktop MAPS Version 5.1.2.0 MP MAINS Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. USER ID: steve.carter Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan IP MAINS is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, DATE: 08/07/2010 LHP MAINS etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by NHP MAINS National Grid Gas plc or their agents, servants or contractors for any error or INTERNAL USE ONLY HISTORY MAINS omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure LAs Hinckley Server MAP REF: SK2828 that this information is provided to all persons (either direct labour or contractors) working for you on or near gas GTs SSSIs CENTRE: 428421, 328270 apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date This plan is reproduced from or based on the of issue. OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved. PAI activity present in view

SCALE: 1 : 2500 LP MAINS This plan shows those pipes owned by National Grid Gas plc in their role as a Desktop MAPS Version 5.1.2.0 MP MAINS Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. USER ID: steve.carter Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan IP MAINS is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, DATE: 08/07/2010 LHP MAINS etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by NHP MAINS National Grid Gas plc or their agents, servants or contractors for any error or INTERNAL USE ONLY HISTORY MAINS omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure LAs Hinckley Server MAP REF: SK2828 that this information is provided to all persons (either direct labour or contractors) working for you on or near gas GTs SSSIs CENTRE: 428070, 328478 apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date This plan is reproduced from or based on the of issue. OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved. PAI activity present in view

SCALE: 1 : 2500 LP MAINS This plan shows those pipes owned by National Grid Gas plc in their role as a Desktop MAPS Version 5.1.2.0 MP MAINS Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. USER ID: steve.carter Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan IP MAINS is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, DATE: 08/07/2010 LHP MAINS etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by NHP MAINS National Grid Gas plc or their agents, servants or contractors for any error or INTERNAL USE ONLY HISTORY MAINS omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure LAs Hinckley Server MAP REF: SK2728 that this information is provided to all persons (either direct labour or contractors) working for you on or near gas GTs SSSIs CENTRE: 427024, 328924 apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date This plan is reproduced from or based on the of issue. OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved. PAI activity present in view

SCALE: 1 : 2500 LP MAINS This plan shows those pipes owned by National Grid Gas plc in their role as a Desktop MAPS Version 5.1.2.0 MP MAINS Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. USER ID: steve.carter Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan IP MAINS is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, DATE: 08/07/2010 LHP MAINS etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by NHP MAINS National Grid Gas plc or their agents, servants or contractors for any error or INTERNAL USE ONLY HISTORY MAINS omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure LAs Hinckley Server MAP REF: SK2228 that this information is provided to all persons (either direct labour or contractors) working for you on or near gas GTs SSSIs CENTRE: 422614, 328025 apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date This plan is reproduced from or based on the of issue. OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved. WARNING! This area contains Gas Mains Operating at High Pressure in Excess of 7 bar. Before excavating in the area contact the Local Network Office. PAI activity present in view

SCALE: 1 : 2500 LP MAINS This plan shows those pipes owned by National Grid Gas plc in their role as a Desktop MAPS Version 5.1.2.0 MP MAINS Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. USER ID: steve.carter Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan IP MAINS is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, DATE: 08/07/2010 LHP MAINS etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by NHP MAINS National Grid Gas plc or their agents, servants or contractors for any error or INTERNAL USE ONLY HISTORY MAINS omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure LAs Hinckley Server MAP REF: SK2228 that this information is provided to all persons (either direct labour or contractors) working for you on or near gas GTs SSSIs CENTRE: 422292, 328100 apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date This plan is reproduced from or based on the of issue. OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved. Print Preview Page 1 of 1

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http://ngesxwrk027v01/t_landndev/commands/printadvanced/print_preview_landscape.asp 08/07/2010 PAI activity present in view

SCALE: 1 : 2500 LP MAINS This plan shows those pipes owned by National Grid Gas plc in their role as a Desktop MAPS Version 5.1.2.0 MP MAINS Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. USER ID: steve.carter Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan IP MAINS is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, DATE: 08/07/2010 LHP MAINS etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by NHP MAINS National Grid Gas plc or their agents, servants or contractors for any error or INTERNAL USE ONLY HISTORY MAINS omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure LAs Hinckley Server MAP REF: SK1619 that this information is provided to all persons (either direct labour or contractors) working for you on or near gas GTs SSSIs CENTRE: 416462, 319226 apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date This plan is reproduced from or based on the of issue. OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved. PAI activity present in view

SCALE: 1 : 2500 LP MAINS This plan shows those pipes owned by National Grid Gas plc in their role as a Desktop MAPS Version 5.1.2.0 MP MAINS Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. USER ID: steve.carter Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan IP MAINS is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, DATE: 08/07/2010 LHP MAINS etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by NHP MAINS National Grid Gas plc or their agents, servants or contractors for any error or INTERNAL USE ONLY HISTORY MAINS omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure LAs Hinckley Server MAP REF: SK1318 that this information is provided to all persons (either direct labour or contractors) working for you on or near gas GTs SSSIs CENTRE: 413988, 318224 apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date This plan is reproduced from or based on the of issue. OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved. WARNING! This area contains Gas Mains Operating at High Pressure in Excess of 7 bar. Before excavating in the area contact the Local Network Office. PAI activity present in view

SCALE: 1 : 2500 LP MAINS This plan shows those pipes owned by National Grid Gas plc in their role as a Desktop MAPS Version 5.1.2.0 MP MAINS Licensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. USER ID: steve.carter Information with regard to such pipes should be obtained from the relevant owners. The information shown on this plan IP MAINS is given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, DATE: 08/07/2010 LHP MAINS etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by NHP MAINS National Grid Gas plc or their agents, servants or contractors for any error or INTERNAL USE ONLY HISTORY MAINS omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position of mains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure LAs Hinckley Server MAP REF: SK1317 that this information is provided to all persons (either direct labour or contractors) working for you on or near gas GTs SSSIs CENTRE: 413582, 317904 apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date This plan is reproduced from or based on the of issue. OS map by National Grid Gas plc, with the sanction of the controller of HM Stationery Office. Crown Copyright Reserved.

Spatial Planning Service Infrastructure Planning Commission Westfield’s Temple Quay House Middlewich Road Temple Quay Sandbach CW11 1HZ Bristol BS1 6PN Tel: 01270 686 081

Email: [email protected]

DATE: 12th July OUR REF: YOUR REF: 100623_EN060001_159423 Please Contact: Daniel Corden

Dear Mark Wilson,

PROPOSED GAS PIPELINE TO SUPPLY WILLINGTON C POWER STATION, DERBYSHIRE (ENVIRONMENTAL IMPACT ASSESSMENT)

In response to your enquiry regarding the scope of an Environmental Statement for the proposed gas pipeline to supply Willington C Power Station, I can inform you that, following discussions with your colleagues at the Infrastructure Planning Commission and the applicant, it has been concluded that the scheme is not anticipated to have any direct or indirect impacts on Cheshire East. Therefore, we do not feel it would be appropriate to comment on the scope of the Environmental Appraisal.

If you have any further enquiries on the matter, please do not hesitate to contact me using the details provided.

Yours sincerely,

Daniel Corden Planning Officer – Spatial Planning Cheshire East Council

From: Ian Holliday To: IPC Scoping Opinion; Subject: FW: IPC Consultation - Gas pipeline to supply Willington C Power Station ref 100623_EN060001_159423 Date: 13 July 2010 13:11:02

Thank you for your letter of 23rd June regarding a request for a scoping opinion. As the pipeline would be more than 25km from the boundary of Wolverhampton we do not wish to comment.

Regards

Ian Holliday Section Leader Development Control

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Your Reference: 100623_EN060001_159423 Date: 13/07/2010

Mr Mark Wilson Infrastructure Planning Commission Temple Quay House Temple Quay Bristol BS1 6PN

Dear Mr Wilson,

REF 100623_EN060001_159423

RE: Proposed Gas Pipeline to supply Willington C Power Station, Derbyshire.

Thank you for your request for information about Fulcrum Pipelines Limited’s pipes and equipment.

We can confirm that Fulcrum Pipelines Limited do not currently have any existing pipes or equipment on or around the above site address.

Please note that other Gas Transporters may have plant in this locality which could be affected by your proposed works.

If you have any future requests for information about our plant, please email these to us at [email protected].

If you have any queries regarding this letter, please contact your Fulcrum Advisor, Deborah Turner on 01709 844407, who will be happy to help.

Yours sincerely,

Ian Foster Head of Asset

From: Lynne Gardner (Etwall Parish Clerk) To: IPC Scoping Opinion; Subject: Willington C Power Station - Gas Pipeline Date: 14 July 2010 11:08:18

Good morning

Thank you for your consultation letter dated 23rd Jne 2010. Etwall Parish Council has looked at the proposals and has no objections but we would expect construction traffic to be restricted to the A5132 and not pass through either of the villages of Etwall or Egginton. Please could you confirm that this will be the case.

Kind regards

Lynne Gardner Clerk to Etwall Parish Council

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********************************************************************** From: IPC Scoping Opinion To: Andrea Kellegher; Subject: FW: Proposed gas pipeline to supply Willington C Power Station Date: 14 July 2010 14:46:56

From: Jean Burton [mailto:[email protected]] Sent: Wednesday, July 14, 2010 12:01 PM To: IPC Scoping Opinion Subject: Proposed gas pipeline to supply Willington C Power Station

Dear Sirs,

Alrewas Parish Council have no comments to make on the proposal by RWE NPower PLC in relation to the Environmental Impact Assessment but would like to be kept informed of progress on this project.

Yours faithfully

Jean Burton Clerk to Alrewas Parish Council and RFO for Fradley and Streethay Parish Council c/o The Royal British Legion Club Ltd Rykneld Street, Alrewas, Staffs DE13 7AX Office 01283 792293 Fax 08712 369353 Mobile 07960 859128 www.alrewas-staffs.info

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Correspondents should note that all communications to Department for Communities and Local Government may be automatically logged, monitored and/or recorded for lawful purposes. ********************************************************************** From: Storr, Charlotte To: IPC Scoping Opinion; Subject: WILLINGTON C GAS PIPELINE Date: 15 July 2010 11:48:25

Mark, please see below the Environment Agency response to your enquiry. Kind Regards, Charlotte Storr

Mr Mark Wilson Our ref LT/2010/110439/02-L01 The Infrastructure Planning Commission Your ref 100623_EN060001_159423 Temple Quay House Temple Quay Date 15 July 2010 Bristol BS1 6PN

Dear Mr Wilson

ENVIRONMENTAL IMPACT ASSESSMENT SCOPING REPORT WILLINGTON C GAS PIPELINE

Thank you for referring the above scoping report which was received on 23 June 2010. We would like to make the following comments.

Development & Flood Risk We are concerned with the statement in section 6.10.9 which implies that a flood risk assessment (FRA) will not be undertaken. The Agency will require a FRA to be submitted along with the application.

We have no further comments than those of our previous letter dated 12 April 2010 in terms of the requirements of an assessment of flood risk.

Water Resources/Environment Management Consent Requirements In Section 4.9 the need for temporary discharge consents is stated. Currently dewatering does not need any abstraction licence. This exemption has been removed by the Water Act 2003, although this exemption has yet to 'go live'.

The dewatering may however affect nearby water sources and therefore there may be representations by the nearby water users.

Water from trench dewatering could be directed to a suitable area of land, or to watercourse provided suitable settlement is provided. Pressure test water may be suitable for discharge to watercourse provided it is uncontaminated. The applicant will need to consult with our Environment Officers local to where the discharge is to be made in order to agree suitable discharge arrangements.

Note - the relevant legislation for controlling discharges to the water environment is now the Environmental Permitting Regulations (England and Wales) 2010.

However, abstraction of water for pressure testing on the pipeline, will require an abstraction licence. Therefore details of where the water will be abstracted for the pressure testing needs to be put in the EIA and an abstraction licence will need to be obtained. This is subject to resources and may not be granted.

Pollution Prevention & Control This pipeline will involve crossing sites of interest to the Environment Agency PPC Team. The pipeline itself is not of key interest to our PPC team, apart from the fact that this will supply the prime energy to the proposed power station, which has not yet applied for its EPR permit.

Biodiversity We are satisfied with the methodology for ecological surveys. Once the Phase 1 Habitat Survey has been completed we would like to be consulted on the scope of species and habitats surveys resulting from it.

Groundwater & Contaminated Land We have the following comments to make which relate solely to the protection of ‘Controlled Waters’, matters relating to Human Health should be directed to the relevant Local Authority.

We note the proposal to include a chapter on ‘The Physical Environment’ which will discuss the potential impacts of the development of geology, surface water, drainage, groundwater and flood risk.

If you would like to discuss any of the above issues please do not hesitate to contact me.

Yours sincerely

Ms Charlotte Storr Planning Liaison Officer

Direct dial 0115 8463621 Direct fax 0115 8462681 Direct e-mail [email protected]

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********************************************************************** From: IPC Scoping Opinion To: Andrea Kellegher; Subject: FW: Proposed Gas Pipeline to supply Willington C Power Station Date: 15 July 2010 11:17:27

From: IPC Enquiries Sent: Thursday, July 15, 2010 11:17 AM To: IPC Scoping Opinion Subject: FW: Proposed Gas Pipeline to supply Willington C Power Station Importance: High

From: Ian Dickinson [mailto:[email protected]] Sent: Thursday, July 15, 2010 9:17 AM To: IPC Enquiries Subject: Proposed Gas Pipeline to supply Willington C Power Station Importance: High

Dear Sirs, Further to your letter of 23rd June consulting us on a Scoping Opinion request for the above proposal (your ref: 100623_EN060001_159423), I am writing to ask whether it would be possible to agree an extension of time for British Waterways to comment. Your letter requests comments by Wednesday 21st July- would it be acceptable for us to provide comments by Monday 26th July? Regards,

Ian Dickinson Area Planner (East Midlands)

British Waterways The Kiln Mather Road Newark Notts NG24 1FB Tel: 01636 675790 E-Mail: [email protected]

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********************************************************************** 21 July 2010

Infrastructure Planning Commission Our Ref BWYS-PLAN-2010-05783-1 Temple Quay House Your Ref 100623_EN060001_159423 Temple Quay Bristol BS1 6PN

Dear Mark Wilson

The Town & Country Planning Act 1990 (as amended) Planning & Compulsory Purchase Act 2004

Proposal: Proposed gas pipeline to supply Willington C Power Station. Location: Willington Gas Power Station, Willington, Derbyshire Waterway: Trent & Mersey Canal

Thank you for your consultation in respect of a request for a Scoping Opinion under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 regarding the above proposal.

British Waterways (BW) is a public body set up to maintain and develop the network of canals and other inland waterways in a sustainable manner so that they fulfil their full economic, social and environmental potential. In addition to statutory navigation and safety functions, British Waterways has to: Conserve our waterway heritage and environment Promote and enable rural and urban regeneration Maintain and enhance leisure, recreation, tourism and education opportunities for the general public and Facilitate waterway transport

After due consideration of the submitted details, British Waterways has the following general comments to make:

We note that the gas pipeline will need to cross beneath the Trent & Mersey Canal at Willington, and it is with regard to this element of the proposal that BW has an interest. We further note that this crossing has been highlighted in Section 2.7 of the EIA Scoping Report submitted by RWE npower and that at Paragraph 2.7.6 indicates that the precise location for crossing the canal has not yet been determined.

With regard to any crossing of the canal in this general location, however, we would advise that the ground conditions are likely to be sands and gravels over Mercia Mudstone with groundwater present. The canal is likely to be in hydraulic connectivity with the underlying strata and at this stage we are not in a position to advise regarding the extent of any canal lining materials that may be present. We consider therefore that there may be a risk to the canal from the formation of

British Waterways Peel's Wharf Lichfield Street Fazeley Tamworth Staffordshire B78 3QZ T 01827 252000 F 01827 288071 www.britishwaterways.co.uk www.waterscape.com excavations, and we would therefore expect the Environmental Statement (ES) to include details of boreholes provided by the developer, a ground model and evidence to demonstrate that the design of the proposed works has fully taken account of these issues and that the appropriate investigations have been undertaken to inform the proposed design.

We would refer the developer to BW’s “Code of Practice for Works Affecting British Waterways”, and in particular, Section 6 of that document, “Specific Requirements for Service Crossings”. It is important that the design of the proposed works takes full account of the requirements in this document, and we would strongly recommend that during the design, feasibility and construction phases of the development, the developer liaises closely with BW to ensure that the works do not compromise the integrity of the canal. We would expect the ES to demonstrate that full account of the canal has been taken in designing the scheme and finalising the exact location of the crossing point, and to show that the crossing conforms with BW’s requirements and thus protects the canal and ensures that it’s integrity is not compromised.

We are aware that the canal towpath is well-used in this locality and would advise that there are a significant number of leisure and visitor moorings along this stretch of canal, although there are no BW agreed residential moorings. We would expect the ES to consider impacts, particularly construction impacts, upon users of both the canal and the towpath and to consider mitigation measures as appropriate to address any potential disturbance caused through matters such as construction traffic, noise, vibration or dust as may be identified.

The canal is designated as a Conservation Area along this stretch and we would expect the ES to indicate whether or not the development (including the construction phase) will have any impact upon the character of the canal corridor and the Conservation Area designation, and if so, whether mitigation measures are necessary, and to identify any such measures as may be appropriate. Similarly, we would expect ecological surveys to be undertaken to ensure that any important habitats or Protected Species present are identified and any impacts upon them fully assessed. Mitigation measures should also be identified as necessary/appropriate.

A comprehensive landscape character/visual impact assessment should be undertaken to identify any impacts upon the landscape in the vicinity of the canal, with mitigation measures to ameliorate temporary impacts during construction being identified where appropriate and long-tem impacts being fully addressed through a restoration/reinstatement programme to be carried out post- construction.

We consider that the structure identified in the Scoping Report in Sections 5.3 and 5.4 appears to comprehensively identify all of the relevant matters which should be assessed and included within the ES. The scope of the ES as highlighted in Section 6 also appears to be comprehensive in it’s identification of the matters which should be assessed and incorporated into the ES.

Finally, we would reiterate the importance of the developer including BW at all stages of the development where it relates to the canal crossing, particularly given our position as landowner as well as statutory consultee. A commercial agreement will be necessary to permit excavation beneath the canal, and we would also advise that the developer should be aware of the presence of fibre-optic cables buried beneath the canal towpath along this stretch of canal, which forms part of the Easynet Telecommunications network. Any design and construction work should take account of this, and the developer is advised to contact BW for more details regarding this matter.

Should you have any queries please contact me at this office.

2 Yours sincerely

Ian Dickinson Area Planner (East Midlands) Telephone: 01636 675790 E-Mail: [email protected]

From: [email protected] To: IPC Scoping Opinion; Subject: Willington C Power Station: *PROTECT - PRIVATE* Date: 16 July 2010 13:49:14

Hi,

We are in receipt of your letter with regard to the scoping report.

As a police force we cannot really comment on the environmental impact of such a development.

Experience has shown that developments such as this attract Environmental Protest Groups which could lead to public disorder or at the very least disruption to the project.

I have spoken to colleagues in the Derbyshire Constabulary who have no knowledge of any protest issues at the actual power station, and there appears to have been little comment in the local press.

Kind regards,

Paul

P.C. 3408 Paul Betteley

Contingency Planning Officer Royal and VIP Visits Wildlife and Countryside Liaison

Tactical Planning Unit Weston Road Police Complex, Weston Road, Stafford ST18 0YY

Tel. 01785 235078 Mobile 07977572378 Fax 01785 235073 Email [email protected]

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********************************************************************** From: Daniel Owen To: IPC Scoping Opinion; cc: Sarah Willetts; Subject: Proposed gas pipeline to supply Willington C Power Station Date: 16 July 2010 16:09:35

F.A.O Mark wilson

Dear Mr Wilson,

I refer to the above project and to your letter dated 23rd June 2010, reference 100623_EN060001_159423.

Please accept this email as confirmation that Dudley Council has no comments to make on the scoping opinion.

Kind regards

Daniel Owen Principal Planning Officer Dudley Metropolitan Borough Council 3 St James Road Dudley DY1 1HZ 01384 816811

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********************************************************************** WILLINGTON PARISH COUNCIL

Clerk: Mrs C.J. Gow 18 The Riverbank Willington Derby DE65 6EQ

Tel; (01283) 701864 www.willingtonpc.org.uk

18th July 2010

Infrastructure Plannning Commission Temple Quay House Temple Quay Bristol BS1 6PN f.a.o. Mark Wilson

Dear Mr Wilson,

Proposed Gas Pipeline to supply Willington C Power Station, Derbyshire Proposal by RWE nPower plc

Infrastructure Planning (Environmental Impact Assessment) Regs 2009 SI 2263

Thank you for giving Willington Parish Council the opportunity to comment on the above – their comments are given below.

1. It looks as though the pipe-line may cross the Parish Council Cemetery on Etwall Road. If this is the case we object most strongly and request that this area is avoided due to the obvious sensitive nature of this particular piece of land.

2. Any use of the main power station site for pipe storage etc. should be from the east, thereby avoiding heavy traffic through the village centre.

Yours sincerely,

C.J. Gow

C.J. Gow Clerk

From: CCT Contact To: IPC Scoping Opinion; Subject: Proposed gas pipeline to supply Willington C Power Station Date: 20 July 2010 10:38:32

FAO: Mark Wilson,

PROPOSED GAS PIPELINE TO SUPPLY WILLINGTON C POWER STATION, DERBYSHIRE ("the Project") PROPOSAL BY RWE NPOWER PLC ("the Applicant") INFRASTRUCTURE PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2009 SI 2263 ("the EIA Regulations")

Thank you for your consultation letter of 23 June 2010, regarding the above project. The Office of Rail Regulation (ORR) has no comment at this stage.

Yours sincerely,

Bill Dennis customer correspondence team Office of Rail Regulation One Kemble Street London WC2B 4AN

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********************************************************************** WEST MIDLANDS REGION

Mr M Wilson Our ref: NSIP/Willington Infrastructure Planning Commission Your ref: 100623 Temple Quay House EN060001 Temple Quay 159423 Bristol BS1 6PN Telephone 0121 625 6851 Fax 0121 625 6820

20 July 2010

Dear Mr Wilson re: PROPOSED GAS PIPELINE FOR WILLINGTON C POWER STATION, RWE NPOWER, ENVIRONMENTAL IMPACT ASSESSMENT, SCOPING OPINION

Thank you for your letter of 23 June 2010 and the invitation to input to the Scoping Opinion for the above project proposal.

The proposed project falls within two English Heritage regions – East and West Midlands. This is a joint response representing the views of both regions. The nominated lead for the project is Ian George, Inspector of Ancient Monuments, who is responsible for coordinating between the two regions. As a result of annual leave I am temporarily acting as the regional coordinator, but further correspondence should continue to be directed to my colleague.

In March 2010 English Heritage was contacted by the applicant to provide comments on a draft scoping report as part of an informal scoping exercise. We welcome this early approach and comments were submitted to the applicant in April 2010. Our comments on the Scoping Report (version 1.2) draw on this initial response as well as recommend additional points of clarification as to the information that we consider should be provided in the environmental statement. Our comments outlined below follow the structure of the Scoping Report.

Section 4 Consent and Regulatory Requirements This section should also refer to the relevant Acts on cultural heritage, namely the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Ancient Monuments and Archaeological Areas Act (1979).

Section 6 The Proposed Scope of the Environmental Statement Section 6.18.5: The desk-based assessment should also make use of any available LiDAR survey. Although there may not be coverage for the whole pipeline corridor,

We recommend that geophysical survey be undertaken for the whole of the proposed pipeline corridor to identify previously unrecorded archaeological sites, and to supplement the walkover survey which will only be able to identify sites of which there is surface evidence. Buried sites, not visible on aerial photographs, will only be detectable by use of geophysical prospection. The undertaking of geophysical survey at this stage will help to minimise the risk of discovering significant archaeology at a later stage and thus incurring the costs of full excavation for any archaeology to be destroyed or damaged by the pipeline. It is already known that both the Trent and the Dove valleys have archaeological sites of great importance.

Please let me know if you require any further information or clarification of the points made above.

Yours sincerely

Amanda Smith Regional Planner [email protected]

8TH FLOOR, THE AXIS, 10 HOLLIDAY STREET, BIRMINGHAM B1 1TG Telephone 0121 625 6820 Facsimile 0121 625 6821 www.english-heritage.org.uk Please note that English Heritage operates an access to information policy. Correspondence or information which you send us may therefore become publicly available Your Ref 100623_EN060001_159423 Our Ref Please ask for Sally Gill Direct Line/Ext 0115 977 4537 E-mail [email protected] Communities Department Date 20th July 2010 County Hall, West Bridgford Nottingham NG2 7QP Mark Wilson, Infrastructure Planning Commission, Website www.nottinghamshire.gov.uk Temple Quay House Temple Quay, Bristol BS1 6PN

Dear Mr Wilson,

Request for EIA Scoping Opinion Proposed Gas Pipeline to Supply Willington C Power Station, Derbyshire.

Thank you for your letter dated 23rd June 2010 requesting comments regarding what information we would wish to see considered in an Environmental Statement to accompany the proposed pipeline to supply Willington C Power Station.

I have consulted with my colleagues across relevant divisions of the County Council and have the following comments to make in relation to planning, nature conservation, historic environment and landscape

Planning Policy

The proposal should be assessed against appropriate development plan documents. Reference will need to be made to appropriate development plan policies together with Planning Policy Guidance Notes and Planning Policy Statements.

Nature Conservation

The following works should be carried out as part of an ecology and nature conservation chapter in any Environmental Statement that is produced in support of this proposal;

1. Consultation and desktop study

A desktop survey for existing ecological data should be undertaken for the site and surrounding area (within a 2km buffer of the scheme). This should cover; statutorily designated sites non-statutorily designated sites protected species other notable species

1 This should be undertaken in consultation with the Derbyshire Biological and Geological Records Centre; Derbyshire Wildlife Trust; and County Recorders (Mammals; Birds; Butterflies; Herpetofauna).

2. Survey

An Extended Phase 1 survey should be carried out within the scheme area by a suitably qualified ecologist, following standard methodologies. This should map habitats and indicate the locations of notable features and signs of (or potential for) protected species. The need for any necessary follow-up surveys should be clearly identified.

During the Extended Phase 1 Survey records should additionally be made of: Species of principle importance for the conservation of biodiversity in England (as listed in section 41 of the Natural Environment and Rural Communities Act 2006). Species listed in the UK Biodiversity Action Plan (UKBAP) and Local Biodiversity Action Plan (LBAP) for Nottinghamshire.

Targeted surveys should be undertaken for (but not necessarily limited to): Breeding birds Wintering birds Bats – roosting Bats – activity Badgers Other species where the need is identified in the Extended Phase 1 Survey

3. Description, evaluation and impact assessment

A description should be made of the site, covering: habitats and species ecosystem structures and functioning landscape features of major importance for wildlife hydrology issues

An evaluation should be made of receptors affected by the scheme, with reference to relevant legislation, policy, and the UK BAP and LBAP, Red Lists and other relevant documents, covering: designated sites habitats species

An assessment should be made of the impacts of the scheme on features of ecological value at the site or in the surrounding area. This should follow the ‘Guidelines for Ecological Impact Assessment in the United Kingdom’ (2006) produced by IEEM. 4. Compensation, mitigation and enhancement proposals

2 Details of steps that should be taken to avoid, mitigate against and compensate for any negative impacts arising from the scheme (in that order), with an assessment of any residual impacts (be they positive or negative in nature) remaining after such measures have been implemented.

Opportunities for potential enhancement works, such as through site landscaping, should be considered.

Historic Environment

The proposal will require assessment of its impact against the following the setting of all grade II listed buildings within 2.5km • the setting of all grade II* and I listed buildings within 5 km (and, in the case of churches, where they fall within the Zone of Theoretical Visibility) • the setting of all locally designated heritage assets (buildings) within 2.5km • the setting of all designated conservation areas within 5km • the setting of all locally designated heritage village cores (2.5km) • the setting of all registered parks and gardens (within 2.5km for grade II and 5km for I and II*) and undesignated historic parks and gardens (2.5km buffer).

Landscape

In relation to landscape the Environmental Statement should include a full Landscape and Visual Impact Assessment.

Guidance is provided by the Landscape Institute and the Institute of Environmental Management and Assessment in “Guidelines for Landscape and Visual Assessment” – Second Edition, published 2002. The structure of the assessment should be based on the headings below:-

1. Introduction

2. Background Legislation and Guidance relating to Landscape and Visual Impact Assessment

3. Desk Top Study Methodology of the Assessment

Field Survey Definition of Study Area / Extent Landscape Impact Methodology Visual Impact Methodology Description of any software used to generate maps – such as Zones of Visual Influence

3 4. Description of the Local Landscape – including the application site, local geology, landform and drainage, land use and vegetation, ecology, settlement pattern and roads, railways and public rights of way.

5. National Level Countryside Agency The Landscape Character Character Map East Midlands Regional Landscape Character Assessment (2009) Local Level – Derbyshire Landscape Assessment

6. NationalPlanning Policy The Landscape Planning Context East Midlands Regional Plan

Landscape and Ecological Designations – sites of regional/ local importance Historic/cultural context

7. Site Description including the Baseline Landscape and Visual Impact Assessment

8. Description of the Proposed Development

9. Assessment of Landscape Impact of the Proposed Development

10. Assessment of Visual Impact of the Proposed Development

11. Conclusions

It should also include plans to illustrate the following:-

topography of the study area; landscape character of the study area; key designations of the study area, public rights of way etc; Visual Impact Analysis Plan illustrating the Zone of Visual Impact of the proposed development.

It would be useful to provide the following information, to be tabulated as part of the report:-

4 Landscape Impact - to show existing impact, predicted impact and proposed mitigation Visual Impact - to show, for each receptor, existing impact, predicted impact and proposed mitigation.

The assessment should also include photographic / photo montage information, as necessary, to illustrate the impact of the proposals. As stated in the Scoping Report, the applicant should agree representative viewpoints, including from residential properties and public rights of way in the vicinity.

I trust that this information is helpful, however, if you have any queries or require any further information, please do not hesitate to contact me.

Yours faithfully,

Sally Gill Service Manager Spatial Planning

This document is unsigned as it is electronically forwarded. If you require a signed copy, then please contact the sender.

5 From: Singleton,Jamie (Environmental Services) To: IPC Scoping Opinion; cc: Massey,Chris (Environmental Services); Subject: Proposed gas pipeline to supply Willington C Power Station, Derbyshire Date: 21 July 2010 10:02:10

Dear Mr Wilson,

Following your request for comments on the latest scoping report proposal, I would make the following points:

There are concerns that the landscape and visual impact assessment will actually inform the selection and design of the pipeline corridor as part of an iterative process. It isn't enough for the scoping report to simply say that anything affected will be replaced - para 6.15.2 and 6.15.3.

The impact on the local transport network will need to be evaluated, particularly in relation to the effect (if any) on local bus services. It should be remembered that the cost of any diversions to public transport services will be required to be covered by the developer.

In April this year, the Habitats Regulations 1994 were superseded by the Conservation of Habitats and Species Regulations 2010. This will therefore need to be reflected in subsequent reports.

Regards,

Jamie Singleton Senior Project Officer (Local Development Framework) Derbyshire County Council Environmental Services Department County Hall Matlock DE4 3AG

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********************************************************************** From: Alan McEntire To: IPC Scoping Opinion; Subject: Willington C power station - proposed gas pipeline Date: 21 July 2010 09:07:17

Please accept this e-mail as confirmation that Staffordshire Fire & Rescue Service have no comments to make regarding the environmental statement for the above proposal, however, we would like to be kept informed of progress in this matter as we would require the opportunity to comment on the actual proposal with regard to access to the workings, safety of trenchworks and tunnelling, and issues concerning the above ground installations

Regards

Alan McEntire

Risk Reduction Manager Technical Fire Safety & Fire Investigation Central Risk Reduction Staffordshire Fire & Rescue Service Beaconside, Stafford, Staffs, ST18 0DD

Tel: 01785 898651 Mob: 07971 893213 e-mail: [email protected]

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********************************************************************** Our ref: K305290 The Cube Your ref: 100623_EN0600001_159423 199 Wharfside Street Birmingham B1 1RN Mark Wilson Infrastructure Planning Commission Temple Quay House, Direct Line: 0121 687 2502 Temple Quay Fax: 0121 678 8211 Bristol BS1 6PN 21 July 2010

Dear Mark,

Proposed Gas Pipeline to supply Willington C Power Station, Derbyshire

I am in receipt of a request for a scoping opinion for an Environmental Impact Assessment, received by the Highways Agency in Birmingham on 30th July 2010, regarding the above proposals.

The Scoping Report version 1.2 dated June 2010 is considered appropriate, and as such the Highways Agency has no comments to make.

I would however wish to take this opportunity to remind the applicant that the geotechnical assessment of the crossings of any trunk road, as described in Section 6.10.5 of the Scoping Report, must be prepared in accordance with the Highways Agency’s requirements for managing geotechnical risk, as set out in DMRB Volume 4 Section 1 part 2: HD 22/08.

Please note the address of the Highways Agency’s new Birmingham office, as above, for use on all future correspondence on this matter.

Yours sincerely

Geoff Wise Planning Manager (Leics & Derbys) Network Delivery & Development East Midlands Email: [email protected] cc. (by email): Hugh Morris, RWE Npower James Carroll, Amey Elizabeth Davis, HA Route Sponsor

Scoping Opinion for Willington C Gas Pipeline Derbyshire

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APPENDIX 2

LIST OF BODIES WHO REPLIED BY 21 JULY 2010

The Health Protection Agency The Crown Estate Newcastle-under-Lyme Borough Council Cannock Chase Council Leicestershire County Council East Midlands Councils Stockport Metropolitan Borough Council The Civil Aviation Authority The Coal Authority The Health and Safety Executive The Commission for Architecture and the Built Environment Erewash Borough Council North East Derbyshire Council International Power plc Telford & Wrekin Council Tameside Metropolitan Borough Council Wyre Forest District Council ES Pipelines ESP Networks ESP Electricity Scottish and Southern Energy Pipelines Network Rail Bolsover District Council Birmingham City Council National Grid Cheshire East Council Lichfield District Council Forestry Commission East Midlands Wolverhampton Council Fulcrum Pipelines Tatenhill Parish Council Broxtowe Parish Council Chesterfield Borough Council Etwall Parish Council Alerwas Parish Council The Environment Agency British Waterways South Derbyshire Council Staffordshire Police Dudley Metropolitan Borough Council Willington Parish Council

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Oldham Council Office of Rail Regulation English Heritage Nottinghamshire County Council Derbyshire County Council Staffordshire Fire and Rescue Service Highways Agency Forestry Commission West Midlands

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APPENDIX 3

PRESENTATION OF ENVIRONMENTAL STATEMENT

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Appendix 3 PRESENTATION OF THE ENVIRONMENTAL STATEMENT

An environmental statement is described under the EIA Regs as a statement:

(a) that includes such of the information referred to in Part 1 of Schedule 4 as is reasonably required to assess the environmental effects of the development and of any associated development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile; but

(b) that includes at least the information required in Part 2 of Schedule 4’.

(EIA Regs regulation 2)

The EIA Regs Schedule 4, Parts 1 and 2, set out the information for inclusion in an ES. Part 2 sets out the minimum requirements and is included below for reference:

Schedule 4 Part 2

• a description of the development comprising information on the site, design and size of the development; • a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects; • the data required to identify and assess the main effects which the development is likely to have on the environment; • an outline of the main alternatives studies by the applicant and an indication of the main reasons for he applicant’s choice, taking into account the environmental effects; • a non-technical summary of the information provided [under the four paragraphs above].

The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 SI 2264 set out the requirements for information which must be provided as part of the DCO application. applicants may also provide any other documents considered necessary to support the application. Information which is not environmental information (this is defined in Regulation 2 of the EIA Regs) need not be replicated or included in the ES.

The Commission advises that the ES should be laid out clearly with a minimum amount of technical terms and should provide a clear objective and realistic description of the likely significant impacts of the proposed development. The information should be presented so as to be comprehensible to the specialist and non-specialist alike.

The Commission recommends that the ES be concise with technical information placed in appendices.

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ES Indicative Contents

The Commission emphasises that the ES should be a ‘stand alone’ document in line with best practice and case law.

Schedule 4 Part 1 of the EIA Regs sets out the aspects of the environment likely to be significantly affected by the development which should include ‘in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors’ (paragraph 19).

The content of the ES should include as a minimum those matters set out in Schedule 4 Part 2 of the EIA Regs. This includes the consideration of ‘Alternatives’ which the Commission recommends could be addressed as a separate chapter in the ES.

Traffic and transport is not specified as a topic for assessment under Schedule 4; although in line with good practice the Commission considers it is an important consideration per se, as well as being the source of further impacts in terms of air quality and noise and vibration.

Balance

The Commission recommends that the ES should be balanced, with matters which give rise to a greater number or more significant impacts being given greater prominence. Where few or no impacts are identified, the technical section may be much shorter, with greater use of information in appendices as appropriate.

The Commission considers that the ES should not be a series of disparate reports and stresses the importance of considering combined and cumulative impacts.

Physical Scope

In general the Commission recommends that the physical scope for the EIA should be determined in the light of:

• the nature of the proposal being considered; • the relevance in terms of the specialist topic; • the breadth of the topic; • the physical extent of any surveys or the study area; and • the potential significant impacts.

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Therefore, the Commission recommends that the study area for the EIA should include at least the whole of the application site embracing all offsite development and for certain topics, such as landscape and transport, the study area will need to be wider. The study area for each specialist topic should be clearly defined and determined by establishing the physical extent of the likely impacts in accordance with good practice.

The Commission considers that the study areas should be agreed, wherever possible, with the relevant statutory consultees and local authorities.

Temporal Scope

The assessment should consider:

• environmental impact during construction works; • environmental impacts on completion/operation of the development; • environmental impacts a suitable number of years after completion of the development in order to allow for traffic growth or maturing of any landscape proposals; and • decommissioning.

In terms of decommissioning, the Commission acknowledges that the further into the future any assessment is made, the less reliance may be placed on the outcome. However, the purpose of such a long term assessment is to enable the decommissioning of the works to be taken into account in the design and use of materials such that structures can be taken down with the minimum of disruption, materials can be re-used and the site can be restored or put to a suitable new use. The Commission encourages consideration of such matters in the ES.

The Commission recommends that these matters should be set out clearly in the ES and that the suitable time period for the assessment should be agreed with the relevant statutory consultees.

The Commission considers that the duration of effects should use a standard terminology, which should be defined.

Baseline

The Commission recommends that the baseline should describe the position from which the impacts of the proposed development are measured. The baseline should be chosen carefully and, where possible, be consistent between topics.

The identification of a single baseline is to be welcomed in terms of the approach to the assessment, although the Commission considers that care should be taken to ensure that all the baseline data remains relevant and up

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to date. The Commission recommends that the baseline environment should be clearly explained in the ES, including any dates of surveys. Wherever possible the baseline should be agreed with the appropriate consultees.

For each of the environmental topics, the data source(s) for the baseline should be set out together with any survey work undertaken with the dates.

Identification of Impacts and Method Statement

Legislation and Guidelines

In terms of the EIA methodology, the Commission recommends that reference should be made to best practice and any standards, guidelines and legislation that have been used to inform the assessment. This should include guidelines prepared by relevant professional bodies.

In terms of other regulatory regimes, the Commission recommends that relevant legislation and all permit and licences required should be listed in the ES where relevant to each topic. This information should also be submitted with the application in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 SI No. 2264.

In terms of assessing the impacts, the ES should approach all relevant planning and environmental policy – local, regional and national (and where appropriate international) – in a consistent manner.

Assessment of Effects and Impact Significance

The EIA Regs require the identification of the ‘likely significant effects of the development on the environment’ (Schedule 4 Part 1 paragraph 20). Therefore, the Commission considers it is imperative for the ES to define the meaning of ‘significant’ in the context of each of the specialist topics` and for significant impacts to be clearly identified.

The Commission recommends that the criteria should be set out fully and that the ES should set out clearly the interpretation of ‘significant’ in terms of each of the EIA topics. Quantitative criteria should be used where available. The Commission considers that this should also apply to the consideration of cumulative impacts and impact interactions.

Potential Environmental Impacts

The Commission considers these under Section 3: the EIA Topic Areas of this opinion.

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Impact Inter-actions/Combined Impacts

Multiple impacts on the same receptor should be taken into account. These occur where a number of separate impacts, eg. noise and air quality, affect a single receptor such as fauna.

The Commission considers that the combined effects of the development should be assessed and that details should be provided as to how interactions will be assessed in order to address the environmental impacts of the proposal as a whole.

Cumulative Impacts

The ES should describe the baseline situation and the proposed development within the context of the site and any other proposals in the vicinity.

Other major development in the area should be identified beyond the proposal itself including the cumulative impact of all the associated development (see below). The Commission recommends that this should be identified through consultation with the local planning authorities on the basis of major developments that are:

Details should be provided in the ES, including the types of development, location and key aspects that may affect the EIA and have been taken into account as part of the assessment.

Associate Development

The ES should give equal prominence to any development which is associated with the proposed development site to ensure that all the impacts of the proposals are assessed.

The Commission recommends that the applicant should distinguish between development for which development consent will be sought and any other development. This distinction should be clear in the ES.

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Alternatives

The ES must set out an outline of the main alternatives studied by the applicant and provide an indication of the main reasons for the applicant’s choice, taking account of the environmental effect (Schedule 4 part 1 paragraph 18).

Matters should be included, such as inter alia alternative design options and alternative mitigation measures. The justification for the final choice and evolution of the scheme development should be made clear. Where other sites have been considered, the reasons for the final choice should be addressed.

The Commission advises that the ES should give sufficient attention to the alternative forms and locations for the off-site proposals, where appropriate, and justify the needs and choices made in terms of the form of the development proposed and the sites chosen.

Mitigation Measures

Mitigation measures may fall into certain categories: namely avoid; reduce; compensate or enhance; and should be identified as such in the specialist sections (Schedule 4 part 1 paragraph 21). Mitigation measures should not be developed in isolation as they may benefit more than one topic area.

The effectiveness of mitigation should be apparent. Only mitigation measures which are a firm commitment should be taken into account as part of the assessment.

The application itself will need to demonstrate how the mitigation would be delivered, and only mitigation which can be shown to be deliverable should be taken into account as part of the EIA.

Trans-boundary Effects

The Commission recommends that consideration should be given in the ES to any likely significant effects on the environment of another Member State of the European Economic Area. In particular, the Commission recommends consideration should be given to discharges to the air and sea and to potential impacts on migratory species.

Presentation

The Commission recommends that all paragraphs in the ES should be numbered. This is for ease of reference. Appendices must be clearly

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referenced, again with all paragraphs numbered. All figures and drawings should be clearly referenced.

Cross References and Interactions

The Commission recommends that all the specialist topics in the ES should cross reference their text to other relevant disciplines. Interactions between the specialist topics is essential to the production of a robust assessment, as the ES should not be a collection of separate specialist topics, but a comprehensive assessment of the environmental impacts of the proposal and how these impacts can be mitigated.

As set out in EIA Regs Schedule 4 Part 1 paragraph 23, the ES should include an indication of any technical difficulties (technical deficiencies or lack of know-how) encountered by the applicant in compiling the required information.

Terminology and Glossary or Technical Terms

The Commission recommends that a common terminology should be adopted. This will help to ensure consistency and ease of understanding for the decision making process. For example, ‘the site’ should be defined and used only in terms of this definition so as to avoid confusion with, for example, the wider site area or the surrounding site.

A glossary of technical terms should be included in the ES.

Summary Tables

The Commission recommends that in order to assist the decision making process, the applicant may wish to consider the use of tables to identify and collate the residual impacts after mitigation. This would include the EIA topics, combined and cumulative impacts.

A table setting out the mitigation measures proposed would assist the reader and the Commission recommends that this would also enable the applicant to cross refer mitigation to specific provisions proposed to be included within the draft Order.

The ES should also demonstrate how the assessment has taken account of this opinion and other responses to consultation. The Commission recommends that this may be most simply expressed in a table.

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Bibliography

A bibliography should be included in the ES. The author, date and publication title should be included for all references.

Non Technical Summary

The EIA Regs require a Non Technical Summary (EIA Regs Schedule 4 Part 1 paragraph 22). This should be a summary of the assessment in simple language. It should be supported by appropriate figures, photographs and photomontages.

Consultation

The Commission recommends that any changes to the scheme design in response to consultation should be addressed in the ES.

It is recommended that the applicant provides preliminary environmental information to the local authorities.

Consultation with the local community should be carried out in accordance with the SoCC which will state how the applicant intends to consult on the preliminary environmental information (this term is defined in the EIA Regs under regulation 2 ‘Interpretation’). This preliminary information could include results of detailed surveys and recommended mitigation actions. Where effective consultation is carried out in accordance with s47 of the Planning Act, this could usefully assist the applicant in the EIA process – for example the local community may be able to identify possible mitigation measures to address the impacts identified in the preliminary environmental information. Attention is drawn to the duty upon applicants under s50 of the Planning Act to have regard to the guidance on pre-application consultation.

Environmental Management

The Commission advises that it is considered best practice to outline in the ES, the structure of the environmental management and monitoring plan (EMMP) and safety procedures which will be adopted during construction and operation.

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