Portland energy recovery facility Consultation response summary document August 2021 PORTLAND ENERGY RECOVERY FACILITY CONSULTATION RESPONSE SUMMARY DOCUMENT POWERFUEL PORTLAND LIMITED AUGUST 2021 Portland Energy Recovery Facility, Portland Port Powerfuel Portland Limited Contents Summary 1. Introduction 2. Consultation response schedules Appendices Appendix A: Response to UKWIN planning application submission Appendix B: Summary response to public comments Terence O’Rourke Limited 2 Portland Energy Recovery Facility, Portland Port Powerfuel Portland Limited 1. Introduction Dorset Council’s request for further information and clarification 1.1 In September 2020, Powerfuel Portland Ltd submitted a full planning application to Dorset Council for the construction of an energy recovery facility (ERF) with ancillary buildings and works including administrative facilities, gatehouse and weighbridge, parking and circulation areas, cable routes to ship berths and existing off-site electrical sub-station, with site access through Portland Port from Castletown (application reference: WP/20/00692/DCC) on land within Portland Port. 1.2 The application was accompanied by an environmental statement (ES) prepared in accordance with the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (as amended; hereafter the EIA Regulations), which provides an assessment of the likely significant effects associated with its construction and operation. 1.3 Dorset Council has consulted on the application and also appointed Tetra Tech to undertake a review of the ES, which ensured that the council had access to sufficient expertise to examine the ES. Representations have been submitted to Dorset Council by consultees, members of the public and other interested parties in response to the consultation on the planning application. Dorset Council has taken these representations into account in its consideration of the application. 1.4 Following the consultations, the council has formally requested additional information and clarification in a letter dated 30 April 2021. The council confirms that it considers some of the information requested constitutes ‘further environmental information’, and where this is the case, it is requested in accordance with Regulation 25 of the EIA Regulations and Section 62(3) of the Town and Country Planning Act 1990. 1.5 An ES Addendum has been prepared to review the council’s letter and provide the information that is considered to be ‘further environmental information’ under Regulation 25 of the EIA Regulations. It forms an addendum to the ES. The purpose of this document 1.6 The council’s letter also requests that further responses be given to topic-based issues raised in representations to the first consultation. In some cases, reference is made in the council’s Regulation 25 letter to a specific consultee response, or aspects that are most relevant to the consideration of that topic area. 1.7 To address these specific requests, the applicant’s response is provided in this Consultation Response Summary Document (CRSD) to the range of detailed technical points that were raised by statutory consultees and technically competent consultees during the first consultation. 1.8 Specifically, the CRSD covers the following topic areas requested by the council’s request for further information: Terence O’Rourke Limited 3 Portland Energy Recovery Facility, Portland Port Powerfuel Portland Limited • Design and materials (point 3) - also covered in detail in the DAS Addendum and summarised in chapter 3 of the SPSS • Landscape (point 4) • Health (point 6) • Historic environment (point 9) • Ecology (point 11) • Combined heat and power (CHP) - District heating (point 13) • Electricity generation and distribution (point 15) • Shore power (point 17) • Air quality (point 21) • Carbon balance and greenhouse gas emissions – including UKWIN (points 22 and 23) also covered in detail in the ES Addendum and summarised in chapter 3 of the SPSS • Traffic (point 26) • Surface water drainage (point 28) • Contamination and geology (point 29) covered in detail in the ES Addendum • Economic effects and jobs (point 33) • Need and waste arisings (points 30, 31 and 32) – also covered in detail in the Waste Need Paper and summarised in chapter 3 of the SPSS • Compliance with development plan policy (point 34) – also covered in detail in chapter 4 of the SPSS 1.9 For completeness, the CRD also covers some other topic areas where consultees have made comments but are not covered by the councils request for further information. • Alternative sites • Fall back scheme • World heritage site 1.10 Annex A provides the applicant’s response to UKWIN comments on the submission (point 23). 1.11 Annex B to this CRSD provides a summary response to a wide range of topic areas raised by the public Terence O’Rourke Limited 4 2. Consultation response schedules 1. Need and waste arisings Other consultees Item Topic Summary of consultation comment Applicant response Adams Hendry (on behalf of SPWI) 1.1 Need for the ERF in Paragraph 2.2 The Portland ERF is well located to manage Dorset’s residual waste, reducing the need for the context of managing export of residual waste out of the county and out of the country to other ERF facilities. It will Dorset residual waste and It would be reasonable to assume that the proposed Portland ERF would be also help to reduce the amount of residual waste that is sent to landfill for disposal, the least residual waste arising from limited to treating residual waste from within Dorset only and will not import waste sustainable method of management. outside of the Dorset area from elsewhere. This does not appear to be the case given the volumes of waste by road and or sea. that could be brought in by sea. The Waste Need Statement and Planning Supporting Statement demonstrate that there are already large volumes of residual waste arising within Dorset and this is expected to increase in Evidence to support waste No evidence is provided to support the volumes of RDF (arising from outside of future. These figures are derived from public statements issued by Dorset Council, including in arising figures provided. Dorset), that are stated in the application as being available to the ERF. the 2019 Dorset Waste Plan. The ERF will provide capacity to help Dorset to meet its own residual waste management needs and will also contribute towards meeting the regional and The importation of residual Great weight is given to the site’s location at a port and the intention to import national waste need. The ERF will also contribute towards meeting a local, regional, and waste by sea from outside residual waste from outside of the Dorset area by sea or by road is contrary to the national need for low carbon energy and economic growth. The Waste Need Paper presents of Dorset and compliance applicant’s stated need case and is contrary to the proximity principle. analysis in respect to the waste availability in the defined catchment area, taking account of with the proximity principle. existing capacity and potential planned capacity. It concludes that there is more than enough waste available with the catchment than could be managed by the Portland ERF, not accounting for potential sources of waste passing by Portland by sea. The proposed ERF is a merchant plant, not tied to a specific local authority contract. It is unreasonable to assume that such a plant would be restricted to waste arising in an administrative area. Whilst it is incorrect to say that ‘great weight’ is attributed to a port location, it is clearly a desirable attribute for an ERF to have direct access to a port facility to provide commercial flexibility and to enable waste to be brought to the site sustainably by sea [and the weight attached to the port location is also due to the opportunities to use the energy generated to provide shore power and district heating, both of which are not possible at other sites]. It is therefore a factor that should be given weight in the planning balance, among many other positive benefits associated with the proposed location at Portland Port. Figures provided in respect to potential waste sources are derived from the applicant’s market analysis and sector knowledge and expertise provided by its fuel supply partner. The proximity principle requires that an adequate network of waste disposal installations be established, and that waste should be disposed of in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection of the environment and public health. The importation of residual waste by sea or road from outside of Dorset to the Portland ERF, as one of the nearest appropriate installations, would therefore be entirely in accordance with the proximity principle. 1.2 Extent of ERF catchment Paragraph 2.3 The Dorset Waste Plan strategy is to reduce the export of its residual waste by providing area and importation of residual waste management capacity in Dorset in line with proximity and self-sufficiency waste Given that the justification for the proposal is to avoid residual waste being sent to principles. facilities in Hampshire and Somerset, why would it be acceptable to import waste Portland Energy Recovery Facility, Portland Port Powerfuel Portland Limited Item Topic Summary of consultation comment Applicant response from Hampshire and Somerset. The extended catchment necessary demonstrates However, this comment fundamentally misunderstands the dynamic nature of the waste the unsuitability of the site. market, where waste frequently crosses administrative boundaries where it is appropriate to do so. Under the principle of self-sufficiency, if waste is being exported from Dorset, then waste can also be imported. In Dorset the balance is heavily skewed such that Dorset exports all of its residual waste due to the absence of capacity. The ERF will significantly reduce the export of Dorset waste to other counties, but equally is able to import waste secured from the catchment area market where deemed appropriate and necessary.