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An Assessment Under the Conservation of Habitats and Species Regulations (2017)

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An Assessment Under the Conservation of Habitats and Species Regulations (2017) An Assessment under the Conservation of Habitats and Species Regulations (2017) in respect of Application 6/2018/0567 Installation of a new Power Generation Plant, incorporating 2 no. 12MW gas engines within an engine hall; selective catalytic reduction units; waste heat recovery units incorporated within 2 no. 15.2M exhaust stacks and associated works at Wytch Farm Gathering Station. Decommissioning of 2 no. existing gas turbines and waste heat recovery unit. At Wytch Farm Oilfield, nr Corfe Castle, Dorset by Dr Annabel King Senior Ecologist, Dorset County Council January 2019 1 Contents Page 1.0 Introduction . 3 2.0 Provision of Sufficient Information . 4 3.0 Summary of Proposal and Site Location . 5 4.0 European Sites and Summary Information . 7 5.0 Screening Assessment to Determine Likely Significant Effect . 10 6.0 Appropriate Assessment . 12 7.0 In-combination Effects . 16 8.0 Conclusion and Reg 63(5), the Integrity Test . 16 2 1.0 Introduction This report assesses the power generation proposals at Perenco’s Wytch Farm oilfield nr. Corfe Castle under the Conservation of Habitats and Species Regulations (2017). These Regulations transpose into UK law the EU Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (the Habitats Directive). Article 3 of the Habitats Directive establishes the need to set up a ‘coherent European ecological network of special areas of conservation (SAC’s), under the title of Natura 2000’. These include European Marine Sites (where part of the site is below the highwater mark) and European Offshore Marine Sites (where the whole of the site is offshore). Article 3 also states that this network should include Special Protection Areas designated under Directive 79/409/EEC, the Birds Directive. National planning policy (National Planning Policy Framework 2018, para 176) states that listed or proposed Ramsar sites (those established under the Convention on Wetlands of International Importance, in Ramsar, Iran, 1971) should also receive the same protection as Natura 2000 sites, as should possible SAC’s and potential SPAs. Regulation 8 of the Habitats Regulations also stipulates that pSACs and pSPAs should receive the same protection as Natura 2000 sites. For the purposes of this document all these sites will be referred to collectively as European sites. Article 6, paragraph 3 of the Habitats Directive establishes the need to assess plans and projects individually or in combination for Likely Significant Effect on Natura 2000 sites and goes on to state that if this is the case the plan or project ‘must be subject to Appropriate Assessment of its implications for the site in view of the site’s conservation objectives’. In other words, the assessment of plans or projects is divided into two stages: an initial ‘screening assessment’ of whether the plan or project will result in Likely Significant Effect on the relevant European sites, and, if needed, a second ‘Appropriate Assessment’ of whether the plan or project will have an adverse effect on the integrity of the relevant European sites. Article 6, paragraph 4 deals with those rare situations where there are imperative reasons of overriding public interest (IROPI cases) which result in the conclusion that a plan or project should be carried out despite identification of adverse effect on the integrity of the European sites. It stipulates that if this is the case then compensatory measures must be taken to ensure that the overall coherence of the Natura 2000 network is protected. Paragraphs 3 and 4 of Article 6 are transposed into UK law via Regulations 63 and 64 of the Conservation of Habitats and Species Regulations, 2017. Regulation 63 states: (1) A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which— (a) is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects), and (b) is not directly connected with or necessary to the management of that site, must make an appropriate assessment of the implications of the plan or project for that site in view of that site’s conservation objectives. (2) A person applying for any such consent, permission or other authorisation must provide such information as the competent authority may reasonably 3 require for the purposes of the assessment or to enable it to determine whether an appropriate assessment is required. (3) The competent authority must for the purposes of the assessment consult the appropriate nature conservation body and have regard to any representations made by that body within such reasonable time as the authority specifies. (4) It must also, if it considers it appropriate, take the opinion of the general public, and if it does so, it must take such steps for that purpose as it considers appropriate. (5) In the light of the conclusions of the assessment, and subject to regulation 64, the competent authority may agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the European site or the European offshore marine site (as the case may be) It can be seen that Regulation 63 imposes several stages of tests and duties on the competent authority as part of the assessment process (including the concluding ‘integrity test’ as part of Reg 63(5)). Further sections of this assessment consider the initial screening of the proposals and, if necessary, the Appropriate Assessment (Reg 63(1)). However, for the purposes of this assessment: • It is concluded that the proposed development is neither directly connected with or necessary to the management of any European sites (Reg 63(1)(b)). • The applicant has supplied sufficient information to the planning authority (as required under Reg 63(2)) to enable a determination of whether an appropriate assessment is required, and to enable an Appropriate Assessment if required. • The competent authority (Dorset County Council) has consulted Natural England about the proposals and the content of this assessment (as required under Reg 63(3)). Regulation 63(1)(a), consideration of ‘in combination’ effects will be discussed as part of the assessment process. Regulation 63(5), known as the ‘integrity test’ will be considered in the conclusion to this report. Previous case law (Hart District Council v Sect of State for Communities and Local Government: CO/7623/2007)) concluded that proposed mitigation could be considered at the initial screening stage of a Habitats Regs Assessment, while screening for Likely Significant Effects. However, subsequent case law (People Over Wind, Peter Sweetman v Coillte Teoranta: C-323/17) has now established that mitigation should only be included as part of an Appropriate Assessment. 2.0 Provision of Sufficient Information The following documents have been referred to, to enable the preparation of this report: • Wytch Farm Power Generation Project: Planning Support Statement, September 18 • Wytch Farm Power Generation Project Environmental Statement: Non- Technical Summary, September 2018 4 • Wytch Farm Power Generation Project Environmental Statement, in particular: o Chapter 6 – providing a detailed examination of biodiversity interests on site and the impact of the proposals on these o Chapter 7 – providing a detailed examination of air quality and the construction dust assessment o Figures 7.3 – 7.18 Meetings with DCC Planning, Natural England, Perenco and Nicholas Pearson Associates were attended throughout 2018. 3.0 Summary of Proposal and Site Description Perenco’s Wytch Farm oilfield is located on the Isle of Purbeck in Dorset. Although the offices are based at Furzebrook, south of Stoborough, the proposed development site is at the Gathering Station for the Wytch Farm, Wareham and Kimmeridge oilfields, 2.7km north east of Corfe Castle village, SY97388478, (see Plan 1). Plan 1: Location of proposed Power Generation Plant at Wytch Farm Gathering Station with European sites shown in blue (Ramsar), orange (SPA) and purple (SAC) hatching. The Gathering Station covers an area of approximately 12.4 hectares and is essentially flat at an elevation of approximately 13m above ordnance datum. It is within an area with a low risk of flooding from groundwater, rivers or the sea. The Gathering Station is situated within an area of conifer plantation that provides an effective visual screen. 5 The proposed Power Generation Plant would be located adjacent to the southern operational boundary of the South Site Gathering Station in an area that does not currently have any plant within it (see Plan 2). The total planning application area is approximately 0.63 hectares. Plan 2: Location of Power Generation Project at Wytch Farm Gathering Station, The development is required in order to generate more electricity on-site. This would reduce the significant ongoing costs associated with importing electricity and have additional benefits in terms of greater energy efficiency and self-sufficiency. The existing Gas Turbines are approximately 30% efficient and do not currently represent best practice for onsite power generation. The Gas Turbines are also ageing and becoming less reliable. Following detailed consideration of the above, Perenco propose to generate more electricity within the South Site of the Gathering Station through the installation of two new Gas Engines located within a building, with two 15.2m exhaust stacks. The proposals would include decommissioning the existing Gas Turbines and Waste Heat Recovery Unit on the South Site Gathering Station and replacing them with a new, more efficient, 24-megawatt Gas Engine Power Generation Plant, comprising two Gas Engines and two Waste Heat Recovery Units. The two existing flares would be retained. The two Gas Engines would be housed within a building (the Engine Hall) approximately 32m x 17m and 12.34m high. Two proposed exhaust stacks would extend 15.2m above the existing grade level.
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