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 1 100802_EN060001_166184 Scoping Opinion for Willington C Gas Pipeline Derbyshire 2 100802_EN060001_166184 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 3 100802_EN060001_166184 Scoping Opinion for Willington C Gas Pipeline Derbyshire 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. 4 100802_EN060001_166184 Scoping Opinion for Willington C Gas Pipeline Derbyshire 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 5 100802_EN060001_166184 Scoping Opinion for Willington C Gas Pipeline Derbyshire 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