Halton Borough Council Local Impact Report and the Answers to the Examining Authority's First Written Questions and Requests

Halton Borough Council

Local Impact Report and The answers to the Examining Authority’s first written questions and requests for information.

Planning Act 2008 Section 60

Application by Keuper Gas Storage Limited for an Order Granting Development Consent for the Keuper Gas Storage Project.

LPA Reference PINS Reference: EN030002 Contact Officer: Andrew Plant

1. Introduction

This report has been prepared by Halton Borough Council in accordance with the advice and requirements set out in the Planning Act 2008 and Advice Note One: Local Impact Reports. It represents the Council’s Local Impact Report (LIR) on the proposal. A LIR as defined in Section 60(3) of the 2008 Act is a ‘report in writing giving details of the likely impact of the proposed development in the authority’s area (or any part of that area). The content if the LIR is a matter for the Local Authority concerned as long as it falls within the statutory definition. The Council should cover any topics they consider relevant to the impact of the proposed development on their area, and should draw on existing local knowledge.

The Local Authority is not required to carry out its own consultation with the community (including Parish Council’s). The community has had the opportunity through the applicant’s consultation process to make their observations known. The report sets out the positive, neutral and negative local impacts but does not need to carry out a balancing exercise. The LIR will assist the Examining Authority by identifying local issues and including an appraisal of the development’s compliance with local policy and guidance. A view on the relative importance of different social, environmental or economic issues and the impact of the scheme on them is also of assistance to the Examining Authority.

The Local Authority’s views on the Development Consent Order articles, requirements and obligations are considered, including views on specific mitigation or compensation measures.

This LIR is for the Keuper Gas Storage project and will focus on the works in Runcorn. The Local Planning Authority will be responsible for discharge of conditions therefore comments are also made on the Requirements as set out in Part 3 of the Development Consent Order.

This report does not consider land ownership issues.

2. Background and Description of Development

The DCO application boundary includes the area where all necessary infrastructure to facilitate the project will be located. The project includes a number of elements, split into three main development areas. The Environmental Statement (ES) describes these areas as assessment areas and are the focus of the EIA.

The main project is designed to store a working gas volume of approximately 500 million standard cubic metres (MCM) of natural gas, with an import and export capability of up to 34mcm per day. A significant amount of the proposed development will be located below ground level, meaning that visible infrastructure will be limited to the gas processing plant, solution mining compounds, well heads and internal site access roads. This area is located within the boundary of Cheshire West and Chester (CWAC).

The second area is the Whitley pumping station. The works at Whitley include the reinstatement of an existing pump house on Marsh Lane to improve the brine flow along the existing pipeline. This area is located within the boundary of Cheshire West and Chester (CWAC).

The third assessment area is The Runcorn Outfall. The proposal is the construct a pipe bridge over the Weaver Navigation to carry the brine pipeline from a tie in point at the existing INOVYN Runcorn Site to the proposed discharge point in the Manchester Ship Canal. This area is located within the boundary of Halton Borough Council this is the area that this Local Impact Report will focus on.

3. Pre Application Consultation

The Council and a wide range of other stakeholders have been involved in pre- application consultation with the applicant.

The Council as one of the main stakeholders has been closely involved in the process leading up to this application. The dialogue and level of consultation have exceeded all minimum expectations as set out in the 2008 Planning Act and Environmental Impact Assessment Regulations, and the Council are satisfied that the final submission reflects discussions at all rounds of pre-application consultation.

4. Planning History

There is no planning history relevant to the application site and a lot of activity predates planning control.

5. Planning Policy

The Development Plan (in relation to the Runcorn Area) compromises the Halton Local Plan Core Strategy (April 2013) and saved policies the Halton Unitary Development Plan (UDP).

The relevant policies are listed in the applicants submission with the exception of Policy GE29 Canals and Rivers. GE29 is covered later in the report

6. Key Issues

Halton Borough Council considers the key issues in relation to Runcorn area works of this National Significant Infrastructure Project to be: • Local planning policy context • Landscape and visual impact • Highways issues • Contamination • Conditions/requirements

Local Policy Context

The national policy position is set out in the National Planning Policy Framework (NPPF) which confirms planning applications should be determined in accordance with the development plan unless material considerations indicate otherwise.

In accordance with paragraph 215 of the NPPF due weight can be given to relevant policies in the existing plans depending on the degree of consistency with the NPPF. The Halton Unitary Development Plan (UDP) has been assessed as part of the adoption of the Core Strategy and the remaining policies consistent with the NPPF.

The applicants Policy statement (8.2 KGSP policy statement pages 148 – 168) adequately deals with the assessment of the works at Runcorn. The only exception is the exclusion of an analysis of UDP Policy GE29. That states that:

“1 Development adjacent to the St. Helen’s Canal, the Bridgewater Canal or the Trent and Mersey Canal, or adjacent to the River Mersey, River Weaver or Weaver Navigation will not be permitted if it would have an unacceptable effect on one or more of the following criteria: a Recreation or tourism opportunities presented by the canal, river or their environs. b Important amenity, landscape and ecological characteristics of the canal, river and their environs. c The viability of important landscape and wildlife resources. d Attractive views along, onto or from the canal or river. e The provision or improvement of access points onto the canal’s towpath or river’s edge. f The establishment of “The Greenway Network”, in conflict with Policy TP9. g The maintenance of a clean, healthy and pleasant canal or river environment.”

In terms of the issues the policy raises these are dealt with in the submission under the Landscape and Visual assessment Chapter.

Landscape and Visual Impact

The Council can confirm that it has seen the scope of the landscape and visual assessment at the pre application stage and are satisfied with the study area, sensitive receptors and photo viewpoints. The applicants Environmental Statement adequately deals with the assessment of the works at Runcorn. Policy GE29 States that development adjacent to the canals listed will not be permitted if it would have an unacceptable effect on the criteria listed. These issues are dealt with in the submission and the development is not considered to have an unacceptable impact on the canal and its environs.

Highway Issues

The Council are satisfied that due to the short construction period and the level of traffic generated that there will be no significant affect arising from traffic during construction. This is due to the site have easy access to the primary road network and the relatively low number of movements generated in the construction phase.

Contamination

The following documents, in relation to the ground contamination aspects associated with the Runcorn Outfall area of the proposed Keuper Gas Storage Project have been reviewed;

• Environmental Statement, Section 23 ‘Geology & Ground Contamination’, Document Ref. 6.1, Environmental Resources Management, November 2015 Having reviewed the information the Council’s Contaminated Land Officer comments as follows;

• There is a short section titled ‘historical use of the site and surrounding area’ and a further short section titled ‘potential baseline receptors and pollutant linkages’. These have been used to form an initial conceptual site model outlining the potential risks to human health and environmental receptors. However there has been no review of historical OS maps and this would normally be completed to identify any specific potential contamination sources that might warrant assessment e.g. areas of former tanks etc. The Council suggests that a review of historic OS maps should be completed to establish any areas that may warrant specific assessment or any additional potential contaminants.

• Section 23.5.3 contains the following statement “It is considered possible that contamination may be encountered in the soils and groundwater on the site (e.g. from historical chemical processing and manufacture). In advance of excavation activities, a geotechnical soils survey will be undertaken along the trench route that will make visual / olfactory observations to indicate the presence of gross contaminants. If this is identified, no further excavation would take place which could disturb that contaminated material until a site investigation had been carried out and mitigation measures approved and applied. In the unlikely scenario that significant contamination is found on site and requires remediation, risk assessments and a remediation strategy would be used to outline the treatment of the contaminated materials”.

However, the absence of visual and olfactory evidence does not necessarily guarantee the absence of contamination. The Council therefore considers that a phase 2 contamination assessment should be completed to properly inform the control and management procedures during excavation of soils, irrespective of visual and olfactory observations during the geotechnical investigation.

earlier in the ES to a waste management plan being developed in accordance with technical note WM2 to identify the waste category and quantities of material generated, opportunities for treatment or reuse and any licensing requirements. It may also be possible to reuse soils in accordance with the Definition of Waste Code of Practice subject to the agreement of remedial plan/ strategy for any contaminated soils with the local authority.

As phase 2 site investigations are yet to be completed the Council suggests that a development consent requirement be imposed as follows:- “ No part of the development hereby permitted shall commence until; a) Prior to the commencement of development an appropriate investigation and assessment of all potential pollutant linkages is submitted to, and approved by, the Planning Authority. The investigation and assessment should be carried out by suitably qualified personnel and carried out in accordance with current Government, Environment Agency and British Standard guidance, and; b) Should any significant risks be identified by such an investigation a remediation plan, including suitable monitoring and verification methodologies, should also be agreed in writing by the Planning Authority. A completion statement shall be issued upon completion of any remediation. This condition is necessary to ensure there is no significant risk to human health or the wider environment”.

6.12. Conditions/Requirements

The Local Planning Authority is responsible for enforcing the provisions and requirements set out in the Development Consent Order as set out in Part 8 of the 2008 Planning Act. In this case this Council would be responsible for all the requirements relating to the Runcorn Works. Cheshire West and Chester would be responsible for those relating to their area.

The ‘requirements’ are attached to the DCO in the same way conditions may be attached to a planning permission. Proposed requirements have been laid out in the Draft DCO submitted by the applicant.

The proposed wording of the requirements is considered to be appropriate to meet the requirements of the Council in respect of the development with the addition of securing the requirement in respect of the Contaminated land issues raised above. .

7. Conclusion There are no local policy objections to the principle of development subject to appropriate consideration of detailed matters. Impacts on the landscape, highway safety, have all been thoroughly considered in the submitted application and the proposed requirements. Subject to an amendment the draft DCO is considered acceptable to ensure matters are satisfactorily controlled during construction and operation.

Council does not object to the proposal.

The Examining Authority’s first written questions and requests for information1.

Question 1.1

For Cheshire East Council, Cheshire West and Chester Council, Halton Borough Council and the Environment Agency

Confirm whether you agree with the scope and spatial extent of the geology, land and water quality desk studies, the level of site investigation data supplied and the approach to further ground investigation for the main assessment area and Runcorn Outfall and whether these studies are appropriate to inform the Environmental Impact Assessment (EIA).

HBC response

The following documents submitted, in relation to the ground contamination aspects associated with the Runcorn Outfall area of the proposed Keuper Gas Storage Project, have been reviewed;

• Environmental Statement, Section 23 ‘Geology & Ground Contamination’, Document Ref. 6.1, Environmental Resources Management, November 2015

Having reviewed the information the Council’s Contaminated Land Officer comments as follows;

• There is a short section titled ‘historical use of the site and surrounding area’ and a further short section titled ‘potential baseline receptors and pollutant linkages’. These have been used to form an initial conceptual site model outlining the potential risks to human health and environmental receptors. However there has been no review of historical OS maps and this would normally be completed to identify any specific potential contamination sources that might warrant assessment e.g. areas of former tanks etc. The Council suggests that a review of historic OS maps is completed to establish any areas that may warrant specific assessment or any additional potential contaminants.

remediation strategy would be used to outline the treatment of the contaminated materials”.

However, the absence of visual and olfactory evidence does not necessarily guarantee the absence of contamination. The Council considers that a phase 2 contamination assessment should be completed to properly inform the control and management procedures during excavation of soils, irrespective of visual and olfactory observations during the geotechnical investigation.

• There is a statement in section 23.6 that the soils along the excavated trench will be back-filled and left to return to their previous state. However, the reuse of soils would need to be undertaken in a legislatively compliant manner. There is reference earlier in the ES to a waste management plan being developed in accordance with technical note WM2 to identify the waste category and quantities of material generated, opportunities for treatment or reuse and any licensing requirements. It may also be possible to reuse soils in accordance with the Definition of Waste Code of Practice subject to the agreement of remedial plan/ strategy for any contaminated soils with the local authority.

As phase 2 site investigations are yet to be completed the Council suggests that a development consent requirement be imposed as follows:

“No part of the development hereby permitted shall commence until; a) Prior to the commencement of development an appropriate investigation and assessment of all potential pollutant linkages is submitted to, and approved by, the Planning Authority. The investigation and assessment should be carried out by suitably qualified personnel and carried out in accordance with current Government, Environment Agency and British Standard guidance, and; b) Should any significant risks be identified by such an investigation a remediation plan, including suitable monitoring and verification methodologies, should also be agreed in writing by the Planning Authority. A completion statement shall be issued upon completion of any remediation.

This condition is considered necessary to ensure there is no significant risk to human health or the wider environment”.

Question 6.21

For Applicant, Halton Borough Council

Runcorn Outfall

ES [APP-179] Table 21.1 describes the technical scope for Runcorn Outfall and suggests that traffic and transport is scoped in to the assessment. However, the supporting text suggests that due to the short construction period, low levels of traffic and access to primary road networks there are no significant traffic and transport

effects. Is Halton Borough Council satisfied with the approach to traffic and transport assessment at Runcorn Outfall?

HBC Response

The Council are satisfied that due to the short construction period and the level of traffic generated that there will be no significant affect arising from traffic during construction.

Question 8.25

For Applicant and Halton Borough Council

Runcorn Outfall

Please confirm whether there were any consultations on the scope of the landscape and visual impact assessment of the outfall and pipebridge, including any agreement on the study area, sensitive receptors and photo viewpoints?

HBC Response

The Council can confirm that it has seen the scope of the landscape and visual assessment at the pre application stage and are satisfied with the study area, sensitive receptors and photo viewpoints.

Question 8.26

For Halton Borough Council and the Canal & River Trust

Runcorn Outfall

Please comment on whether they are satisfied with the study area adopted for the outfall and pipe bridge, and the decision to exclude waterway users from the scope of the assessment?

HBC Response

As stated for question 8.25 the council are satisfied with the study area, sensitive receptors and photo viewpoints.

Question 10.1

For Cheshire West and Chester, Cheshire East and Halton Borough Councils, the Environment Agency and the Canal & River Trust

Please confirm that they are satisfied with the scope of cumulative projects assessed for the main assessment area and Runcorn Outfall and that this includes reasonably foreseeable development with potential to have cumulative impacts during construction, operation, maintenance and decommissioning.

HBC Response

The Council are satisfied with the scope of cumulative projects for the Runcorn Outfall. There are no cumulative projects listed in the submission for the Runcorn site and the Council are not aware of any that would be relevant.

Question 11.3

For Applicant, Cheshire West and Chester Council, Halton Borough Council

Please confirm whether drafts of the construction and operational management and monitoring plans have been shared with the relevant local authorities and whether the authorities are satisfied with the content of the plans.

HBC Response

The Council have seen the draft documents and have been provided with, on the26th April, the latest copies of the CEMP and recognise that these are live on going documents. The Council are satisfied with the contents so far and will review the recently submitted drafts and provide comments to the applicant.