Glyn Rhonwy Pumped Storage Development Consent Order Deadline 2 – Applicants response to the Examining Authority’s First Written Questions PINS Reference EN010072 Document Nos. SPH_GREX_FWQD2_01 Authors SPH/AECOM/GVA/BS Revision Date Description 1 13/04/2016 Issued Document Reference:SPH_GREX_FWQD2_01 Glyn Rhonwy Pumped Storage Development Consent Order EN010072 Document Title Glyn Rhonwy Pumper Storage Deadline I: Applicants response to the Examiners First Written Questions SPH Document Reference SPH_GREX_FWQD2_01 Issue Number V1 Date Drafted by Approved by Date / initials check Document Reference:SPH_GREX_FWQD2_01 Glyn Rhonwy Pumped Storage Development Consent Order EN010072 Contents Section 1 – Development Consent Order (DCO), Policy and Other Consents Section 2 – General issues Regarding the Environmental Statement (ES) and Mitigation and Management Plans Section 3 – Biodivrsity and Ecology Section 4 – Landscape and Visual Impacts Section 5 – Historic Environment Section 6 – Traffic and Transport Section 7 – Noise and Vibration Section 8 – Water Resources and Flood Risk Section 9 – Air Quality and Other Health Impacts Section 10 – Socio-economics, Tourism and Recreation Section 11 – Compulsory Acquisition and Funding List of Appendices FWQ Appendix 2.1 – Amended Site Layout Plan (Doc Ref: 2.05 Rev.1) FWQ Appendix 2.4 – Clarifcation of EIA Methodology FWQ Appendix 2.6 – Update to Summary of Effects Tables FWQ Appendix 2.7 – Summary Overall Significance of Impacts Tables FWQ Appendix 2.8 – Summary of GI works and EIA implications FWQ Appendix 2.11 – Nature and Quality of Anticipated Waste FWQ Appendix 2.12 – Construction Materials and Waste FWQ Appendix 2.13 – UXO Sources of Information FWQ Appendix 2.14 – Construction Method Llyn Padarn FWQ Appendix 2.26 – Updated Schedule of Mitigation FWQ Appendix 2.28 – Hierachy of Mitigation FWQ Appendix 3.13 – Bat Plan FWQ Appendix 8.5 – GI Summary Report FWQ Appendix 8.36 – Minutes for NRW meeting (operational discharges) FWQ Appendix 11.2 – Progress of Landowner discussions Document Reference: SPH_GREX_FWQD2_01 Glyn Rhonwy Pumped Storage Development Consent Order EN010072 FWQ Appendix 11.4 – Progress of Landowner discussions (associated land outside Order Limits) FWQ Appendix 11.20a – SPH audited accounts FWQ Appendix 11.20b – QBC audited accounts Document Reference: SPH_GREX_FWQD2_01 Glyn Rhonwy Pumped Storage Development Consent Order 1 INTRODUCTION 1.1 Background 1.1.1 On 16th March the Ex amining Authority (ExA) issued a timetable for the examination in accordance with Rule 8 of the Infrastructure Planning (Examination Procedure) Rules 2010. 1.1.2 This Rule 8 letter requested the following submissions to be made available by Deadline 2 on 13th April 2016. · Responses to Examiners First Written Questions · Responses to Relevant Representations · Revised Draft DCO · Statements of Common Ground · Comments on post hearing documents (written summary of oral cases) · Responses to comments on any additional representations and submissions received prior to the Preliminary Meeting · Comments on any further information requested by the ExA and received at Deadline 1 · Any other information under Rule 17 requests 1.2 Content 1.2.1 This document provides responses to the ExA’s First Written Questions which have bee n directed to the Applicant, Snowdonia Pumped Hydro (SPH). In addit ion, where input from the Applicant w ould assist th e ExA, SPH have provided answers to questions directed to other parties. 1.2.2 Answers to questions are provided in numerical order as per the sections and headings outlined in the E xA First Written Questions. Questions have been repeated for ease of reference, and where a substantial response is required or w here additional is provided, this has been p rovided as an Document Reference: SPH_GREX_FWQD2_01 Glyn Rhonwy Pumped Storage Development Consent Order Appendix. This has been clearly outlined in the response and is attached to this submission document. Relevant cross referencing to other DCO documentation, either revised or as s ubmitted has a lso been prov ided where appropriate. Document Reference: SPH_GREX_FWQD2_01 Glyn Rhonwy Pumped Storage Development Consent Order 1 Development Consent Order (DCO), Policy and Other Consents DCO – Matters arising from the applicant’s responses to the EXA’s drafting Question Number Question Directed to Question Text 1.1 Applicant Q11 (Article 2(1) – Definition of ‘Authorised Development’). The response to the drafting query indicated that the Order was also intended to authorise minor operations required to achieve the Works, but which were not specifically listed in Part 1 of Schedule 1. Part 1 already lists a substantial number of items of ‘further development’ not linked to individual works. Please clarify further. Snowdonia Pumped Hydro The list is intended to cover the ancillary and minor works necessary to complete the authorised development which are common to all or many of the works. The nature of these works is that they are secondary to the main works and fall within the scope of development necessary to undertake the authorised development. In the usual way that installation of internal access, landscaping, and earthworks would not normally be listed in the description of a development but are considered integral parts of the works needed to complete that development, these works are the minor operations necessary to allow the authorised development to actually be constructed. Document Reference: SPH_GREX_FWQD2_01 1-1 Glyn Rhonwy Pumped Storage Development Consent Order Question Number Question Directed to Question Text 1.2 Applicant Q12 (Article 2(1) – Definition of ‘Commence’). Please clarify and justify the ‘worst case’ scenario for pre-commencement activities considered in the Environmental Statement (ES), consistent with this definition. Snowdonia Pumped Hydro The worst case is the temporary fencing for and undertaking of ground and site investigation works. These works may have to be undertaken before the detailed design can be finalised and the various plans related to the approval and implementation of that detailed design can be produced and submitted to Gwynedd Council for approval under the relevant DCO requirements. Question Number Question Directed to Question Text 1.3 Applicant Q16 (Article 2(1) – Definition of ‘Order Land’). The revised draft DCO (v1) amends the definition of the Order land to “the land subject to compulsory acquisition, which land is shown on the land plans and which is described in the book of reference”. Can the definition be clarified further to read “the land shown coloured pink, blue and green on the land plans which is subject to compulsory acquisition and which is described in the book of reference”? Document Reference: SPH_GREX_FWQD2_01 1-2 Glyn Rhonwy Pumped Storage Development Consent Order Snowdonia Pumped Hydro The Applicant has made the requested change to the definition. This change is set out in detail in the Table of DCO Amendments requested prepared for Deadline 1 (doc ref: SPH_GREX_DCO_04). Question Number Question Directed to Question Text 1.4 Applicant Q20 (Article 3(2) – Development consent etc. granted by the Order) Was the amendment in draft DCO v1 intended to read “…each numbered work may only be constructed within the area shown for that numbered work on the works plans”? Snowdonia Pumped Hydro The Applicant has made the requested change. This change is set out in detail in the Table of DCO Amendments requested prepared for Deadline 1 (doc ref: SPH_GREX_DCO_04). Document Reference: SPH_GREX_FWQD2_01 1-3 Glyn Rhonwy Pumped Storage Development Consent Order Question Number Question Directed to Question Text 1.5 Applicant Q21 (Article 6 – Power to deviate) The Explanatory Memorandum [APP-044] says that vertical deviation is allowed “subject to the maximum parameters set out in the requirements”, but Requirement 5 does not provide depth parameters. Please provide parameters for vertical deviation or justify why this is not possible. Snowdonia Pumped Hydro Article 6 has been amended to allow the underground elements to deviate upwards to any extent or downward to a maximum of 10 from the AOD levels shown on the indicative drawings and sections. The indicative drawings and sections have been updated to show the AOD in more detail and submitted at Deadline 2. Document Reference: SPH_GREX_FWQD2_01 1-4 Glyn Rhonwy Pumped Storage Development Consent Order Question Number Question Directed to Question Text 1.6 Applicant Q24 (Article 9 - Defence in proceedings in respect of statutory nuisance). Article 9 seems to have a wider reach than considered in the ES and the specific examples provided in the applicant’s response to the drafting query. Please could the applicant comment? Snowdonia Pumped Hydro Section 158 of the Planning Act 2008 provides a blanket defence to all claims for nuisance of whatever type, the defence created in the very limited circumstances in which Article 9 would apply is much less extensive than the equivalent in s158. A detailed note on the interaction between s158 and Article 9 has been provided in the document Deadline 2 – Applicant’s outstanding responses to the Examining Authority’s drafting queries on the DCO and Action Points from Deadline 1 (document reference: SPH_GREX_DCOD2_01). The ES has considered nuisance by topic including all of the aspects covered by the sections listed in Article 9 under the headings explained in the response to the drafting query. The Applicant does not consider that any of the elements go beyond what has been considered in the ES. Document Reference: SPH_GREX_FWQD2_01 1-5 Glyn Rhonwy Pumped Storage Development Consent Order Question Number Question Directed to Question Text 1.7 Applicant Q32 (Article 19 – Compulsory acquisition). For the Secretary of State to be satisfied that s131(4) of the Planning Act 2008 (PA2008) applies, there must be reasonable certainty that the exchange land will be given for the access land. Article 19(1) provides a power for the undertaker to acquire the exchange land, but there is no obligation to exercise that power. The exchange land will only vest in the former owner of the access land if the exchange land becomes vested in the undertaker.