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The Planning Act 2008 Progress Power Gas Fired Power Station

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The Planning Act 2008 Progress Power Gas Fired Power Station The Planning Act 2008 Progress Power Gas Fired Power Station Examining Authority’s Report of Findings, Conclusions and Recommendation to the Secretary of State for Energy and Climate Change _______________________________________ Jonathan Green Examining Authority 24 April 2015 This page intentionally left blank Examining Authority’s findings, conclusions and recommendation in respect of the Progress Power Gas Fired Power Station File Ref EN 010060 The application, dated 31 March 2014, was made under section 37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on 31 March 2014. The applicant is Progress Power Limited. The proposed development comprises a simple cycle gas fired power plant with capacity of between 50 and 299 MWe, integral gas and electrical cable connections and associated development comprising an electrical connection compound, access road and A140 junction. The application was accepted for examination on 25 April 2014 and the Preliminary Meeting was held on 24 July 2014. The Examination of the application was completed on 24 January 2015. Summary of Recommendation: The Examining Authority recommends that the Secretary of State should make the Order in the form attached. Report to the Secretary of State for the Progress Power Station 1 Section Contents 1 INTRODUCTION ........................................................................... 3 2 MAIN FEATURES OF THE PROPOSAL AND SITE ................................. 6 3 LEGAL AND POLICY CONTEXT ...................................................... 16 4 FINDINGS AND CONCLUSIONS IN RELATION TO POLICY AND FACTUAL ISSUES ..................................................................................... 23 MAIN ISSUES IN THE EXAMINATION .............................................. 23 THE PRINCIPLE OF THE DEVELOPMENT ............................................ 28 EMISSIONS ........................................................................... 32 BIODIVERSITY ........................................................................ 39 LANDSCAPE AND VISUAL IMPACT .................................................. 41 HERITAGE AND HISTORIC ASSETS ................................................ 50 TRAFFIC AND TRANSPORT .......................................................... 71 SOCIO-ECONOMIC IMPACTS ........................................................ 74 HEALTH ................................................................................ 76 S106 AGREEMENT ................................................................... 77 5 FINDINGS AND CONCLUSIONS IN RELATION TO HABITATS REGULATIONS ........................................................................... 79 6 RECOMMENDATION ON THE CASE FOR THE DEVELOPMENT ............. 82 7 COMPULSORY ACQUISITION AND OTHER LAND MATTERS ............... 92 8 DRAFT DEVELOPMENT CONSENT ORDER ...................................... 104 9 SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS ................ 119 Appendices Contents APPENDIX 1: EXAMINATION LIBRARY ................................................. 1 APPENDIX 2: EVENTS IN THE EXAMINATION ..................................... 18 APPENDIX 3: LIST OF ABBREVIATIONS ............................................. 22 APPENDIX 4: RECOMMENDED DEVELOPMENT CONSENT ORDER ........... 25 Report to the Secretary of State for the Progress Power Station 2 ERRATA SHEET – Progress Power Gas Fired Power Station – EN010060 Examining authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for the Department of Energy and Climate Change, dated 24 April 2015 Corrections agreed by the Examining Authority prior to a decision being made Page No. Paragraph Error Correction 44 4.100 The 1.5 km cable would The cable of approximately 1.6 km be laid across agricultural would be laid across agricultural land and buried to a land and buried to a depth of 1.2 m depth of 1.2 m 1 INTRODUCTION 1.1 This application for a development consent order (DCO) for the Progress Power Gas Fired Power Station was submitted by Progress Power Limited (the applicant) on 31 March 2014. The application was formally accepted for examination on 25 April 2014 under the provisions of section 55 of the Planning Act 2008 (as amended) (PA 2008). 1.2 The application is for the construction operation and maintenance of a simple cycle gas fired 'peaking' power generating plant with a capacity of between 50 - 299 MWe (the generation plant) on land at and surrounding the former Eye Airfield in Eye, Mid Suffolk. The location is shown in Figure 1.1 to the Environmental Statement (ES) (APP-035). As such it is a Nationally Significant Infrastructure Project (NSIP) as defined in section 14(1)a and section 15 of PA 2008. A pipeline connection to bring gas to the generation plant and an underground electrical cable for the export of electricity are specified as integral to the NSIP. An Electrical Connection Compound (ECC) comprising a new substation and a sealing end compound are proposed as associated development. An access road to the ECC with a new road junction off the A140 is also proposed as associated development. The draft DCO includes provisions for compulsory acquisition. 1.3 The application is Environmental Impact Assessment (EIA) development as defined by Regulation 2(1) of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (as amended). It was accompanied by an ES which in my view complies with these Regulations. The ES (APP- 024 to APP-040) was compiled following consultation on an earlier Scoping Report (PD-001) and takes into account the views of the Secretary of State set out in a Scoping Opinion published in June 2013 (PD-002). 1 1.4 Following acceptance of the application I, an Examining Inspector with the Planning Inspectorate, was appointed as Examining Authority (ExA) by the Secretary of State on 25 June 2014 to carry out the Examination of the application. 1.5 The application has been examined under the provisions of PA 2008 and The Infrastructure Planning (Examination Procedure) Rules 2010 (as amended) (EPR). The accepted application was advertised by the applicant and 108 relevant representations were received from interested parties (IP). In addition I accepted into the Examination additional application documentation, two late representations and one request to 1 References such as APP-024and PD-001 are to documents submitted by the applicant, statutory bodies and interested parties, records of hearings, procedural decisions and other project documents. These are listed in full in the Examination Library set out at Appendix 1. Report to the Secretary of State for the Progress Power Station 3 become an interested party under the provisions of s102A of PA 2008, all submitted prior to the Preliminary Meeting. (DEC-005, DEC-006) 1.6 On 1 July 2014 I gave notice of the Preliminary Meeting to be held in Diss, Norfolk on 24 July 2014 and issued an initial assessment of principal issues that I expected to consider during the Examination with a draft timetable for the Examination (DEC- 004). On 4 August 2014 I issued the timetable for the Examination and my first set of written questions and requests for information (DEC-006,-007). A second round of questions was issued later in the Examination (DEC-011). 1.7 A joint Local Impact Report (LIR) was submitted by Mid Suffolk District Council (MSDC) and Suffolk County Council (SCC) (REP- 051) 1.8 An Open Floor Hearing (OFH) was requested and was held on 15 October 2014. On 16 October 2014 I held an Issue Specific Hearing (ISH) on the local impact of the project and the draft DCO and a further ISH on local impact, the draft DCO and any remaining LIR issues was held on 10 and 11 December 2014. A compulsory acquisition hearing (CAH) was held on 9 December 2014. 1.9 I carried out an accompanied site visit on 14 October 2014 during which I visited the proposed site for the generation plant, a number of locations in the vicinity from which the NSIP and the associated development would be visible and local roads that would be used by construction traffic (DEC-009). I also made unaccompanied site visits to locations from which the application site is visible. A list of events in the Examination is set out in Appendix 2. 1.10 In addition to the DCO the proposed development would require an environmental permit from the Environment Agency (EA) controlling emissions from the generation plant, a permit to emit CO2, a generation licence, a number of permits from MSDC and SCC and commercial agreements with National Grid in respect of supply of gas and export of electricity. 1.11 Separate consent not covered by this application would be required for a replacement overhead line (OHL) tower to the north of the ECC replacing an existing tower, temporary diversion of the existing OHL and down leads to connect the ECC to the OHL (the National Grid Works). These works have been taken into account in the ES in considering the cumulative impact of the proposed development. 1.12 To carry out these works National Grid would require land rights for temporary access for construction and for permanent access Report to the Secretary of State for the Progress Power Station 4 for maintenance. National Grid would also require consents for the National Grid Works, and those consents would depend on the final detailed design of the National Grid Works and ECC. Whether permitted development rights would be available to National Grid Electricity Transmission (NGET) would depend on detailed design. If permitted
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