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Meeting Note Meeting Note File reference EN010035 - Port of Southampton Biomass Energy Plant Status Final Author Oliver Blower Meeting with Helius Energy Meeting date 24 April 2012 Attendees Mike Harris (Case Manager) (Planning Oliver Blower (Case Officer) Inspectorate) Alison Down (EIA and Land Rights Advisor) Frances Russell (EIA and Land Rights Advisor) Jan Bessell (Pre-application/advice Examining Inspector) Attendees (non Planning Rozie Haines (Helius Energy) Inspectorate) Paul Brighton (Helius Energy) Location Temple Quay House, Bristol Meeting Project update meeting purpose Summary of The Planning Inspectorate openness policy, protocol for key points meeting notes and exchange of information discussed and advice The Planning Inspectorate advised on its openness policy, that given any advice given will be recorded and placed on the Planning Inspectorate’s pages on the Planning Portal website under s.51 of the Planning Act 2008 and also to note that any advice given under s.51 does not constitute legal advice upon which the applicant (or others) can rely. It was also confirmed that as Jan Bessell has been involved in giving advice on this project under the current regulations she would not be appointed to examine any subsequent application. Project update, background/description and scheme revisions Helius Energy confirmed that public consultation took place from February to April 2011. The results of the consultation, amongst other matters, highlighted the siting and design of the proposed development as key concerns. Helius Energy confirmed that work was undertaken to revise the proposal from May 2011 to January 2012. Helius Energy stated that the northern boundary of the Primary Development Area has been relocated and is now approximately 125m further from the nearest local residential properties, and that the revised siting requires the diversion of an existing internal port road. Helius Energy confirmed that they have gone through several redesigns of the buildings on the proposed site. The current set of designs were finalised in February 2012. The revised scheme includes 3 different architectural approaches based on a common layout. Helius Energy indicated that they will re-consult on the revised scheme and designs from 14 May to 3 August 2012. Helius Energy stated that the original option for wet cooling towers has been discounted, therefore the revised proposals only include the option for air cooled condensers, removing the need for abstraction and discharge of water from the listed dock. Helius Energy confirmed that a further Statement of Community Consultation (SoCC) has been the subject of consultation with Southampton City Council and was published on the 8 May 2012. Application Drawings Helius Energy confirmed that the red line boundary has been revised to exclude the adjacent listed dock (which was originally the cooling water outfall point). The Planning Inspectorate enquired whether consideration had been given to alternative locations for the development in response to consultation responses. Helius Energy explained that in response to suggestions made during public consultation they had investigated the use of the Military Port opposite the site, operated by the Ministry of Defence (MoD) and land at the Fawley Power Station. It was found the MoD site had operational restrictions due to the movement of explosives, and other military cargoes, through the site that would be incompatible with operating a commercial power station. RWE, owners of Fawley Power Station advised that their site was not available, Helius Energy confirmed that the Marchwood Power station site was not put forward as an alternative location. Helius Energy confirmed that the alternative layout on the revised site locates taller elements to the west of the site seeking to reduce the local visual impact of the scheme in views from adjacent housing. Helius Energy confirmed that new visualisations showing the three different architectural approaches will form an integral part of the new consultation, including photomontages from viewpoints used in previous consultations, and additional viewpoints suggested during those consultations, to aid comparison to the old scheme. Helius Energy confirmed the stack height remains the same as the previous scheme at up to 100 metres. The air quality assessment has been conducted on a worst case scenario of 90 metres. The single stack option is considered by the applicant to be the only option which offers the level of dispersion necessary. Helius Energy confirmed that the air cooled condensers will use a closed system that will re-circulate water and require minimal adjustment supplied by mains water. Any discharge will be directed to the existing surface and foul water drainage systems which were stated to have the required capacity. Helius Energy confirmed that Associated British Ports (ABP) have all necessary rights to enable the diversion of any on-site infrastructure. Helius Energy confirmed that they will seek fall back powers in the DCO. The Planning Inspectorate advised that the Applicant will need to show that they have all necessary rights and consents, and that if compulsory powers are sought they must meet the relevant legislative tests. Helius Energy has made an application for a grid connection to the local electricity grid to firm up the form of the connection. It is envisaged that underground cabling to an existing tower on the edge of the site will connect the station to a 132kV circuit. Helius Energy confirmed that they expect to submit their application in quarter 4 of 2012. Helius Energy confirmed that their consultants have agreed with the statutory conservation bodies the environmental methodologies that will be used, and that these will be detailed in the Environmental Statement. Helius Energy confirmed that they have a satisfactory working relationship with the relevant local authorities. Helius Energy confirmed that they have requested that the revised proposal is put before the full cabinet at Southampton City Council. Helius Energy confirmed that they expect considerable interest from the public in regards to the revised scheme. Helius Energy confirmed that they are aware of the changes following the abolition of the IPC and the transfer of powers to the Secretary of State and the Planning Inspectorate. The Planning Inspectorate advised that the Applicant may wish to seek legal advice on changes to section 47, and the critical changes to section 43 of the Planning Act 2008 concerning local authorities for the purposes of section 42(1)(b). The Applicant’s attention was drawn to the Planning Inspectorate’s Advice Note 3 on the Planning Portal. Helius Energy confirmed that the draft DCO/ EM is being prepared by Burgess Salmon and will be readied in parallel with the consultation process. Helius Energy enquired as to whether it is necessary to show elevations of all buildings and structures from all directions in application drawings. The Planning Inspectorate referred the Applicant to Advice Note 9 regarding the Rochdale Envelope. It was advised that any uncertainty about design should be adequately addressed by the draft DCO. Furthermore, The Infrastructure Planning (Application: Proscribed Forms and Procedures) Regulations 2009 give direction on drawing scales and other related matters. The Planning Inspectorate advised that the Applicant should content themselves that their DCO is drafted to allow their required amount of flexibility, but that it must sufficiently tie the consent to the application and its requirements must be enforceable. Furthermore, the DCO must describe the project in sufficient detail so that it is clear what it is that is being applied for and that this must be consistent with what has been assessed in the ES. The Planning Inspectorate advised that the acceptance test has changed due to the revisions in the Localism Act 2011. Helius Energy said that in their view the revised site and amended scheme design did not raise any new environmental issues that were not already covered by the existing Scoping Opinion, other than the need to update any site or layout specific studies. Helius Energy confirmed that they will not submit a request for another scoping opinion but they will ask consultees to confirm they are content the existing Scoping Opinion covers all issues raised by the revised site/ amended scheme design. Helius Energy confirmed that they will provide the GIS shapefile no later than two weeks before submission of the application. Helius Energy, in regards to the Habitats Regulations, confirmed that they will submit a draft habitats report to Natural England for comment. S46 Notification Helius Energy enquired whether they need to resubmit their section 46 notification. The Planning Inspectorate advised that the applicant is covered by the transitional arrangements. However, the decision as to whether the revisions constitute a new scheme will need to be made by the Applicant after seeking legal advice on which they can rely. IPC Guidance Note 1 The Planning Inspectorate advised that all guidance produced by the IPC is now withdrawn and reliance should be put on CLG Guidance, but that the Planning Inspectorate can continue to issue advice. Furthermore, much of the previous guidance forms part of the Planning Inspectorate’s suite of Advice Notes. Other Matters The Planning Inspectorate requested that the applicant provide confirmation in writing of the dates and locations of consultation events in order for the Inspectorate to consider the need for further Outreach events. Specific The Planning Inspectorate: decisions/ follow up • to provide advice on the location of text previously included required? within Guidance Note 1 – actioned post meeting; • to provide possible dates for a meeting to discuss draft application documents; • to confirm whether if a SoCC is published in full there is still a need to publish a notice (as per s.47 of the Planning Act 2008 as amended). Helius Energy: • to provide the Planning Inspectorate with the same information as it provides to s.42 consultees once consultation commences; • to confirm locations and dates of consultation events.
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