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Keuper Gas Storage Project

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Keuper Gas Storage Project Keuper Gas Storage Project Book of Reference November 2015 Application Reference No: EN030002 THE INFRASTRUCTURE PLANNING (APPLICATIONS: PRESCRIBED FORMS AND PROCEDURE) REGULATIONS 2009 KEUPER GAS STORAGE PROJECT BOOK OF REFERENCE Zyda Law 60 Cygnet Court Timothy’s Bridge Road Stratford upon Avon Warwickshire CV37 9NW www.zydalaw.com Regulation No: 5(2)(h) Document Ref: 4.3 Author: Zyda Law 60 Cygnet Court Stratford upon Avon Warwickshire CV37 9NW Date: November 2015 Version: Final Contents 1. Introduction .............................................................................................................. 1 The Application ................................................................................................................... 1 Figure 1.1 – Applicant’s ownership and subsidiary structure ..................................... 2 Purpose of the Book of Reference ..................................................................................... 3 Land Plans ........................................................................................................................... 5 2. New Interests / Rights to be Acquired and Private Rights to be Extinguished .............. 6 Table 1 – classification of interests and rights to be acquired / rights to be extinguished ................................................................................................................ 6 Part 1................................................................................................................................. 10 Part 2................................................................................................................................. 78 Part 3............................................................................................................................... 265 Part 4............................................................................................................................... 284 Part 5............................................................................................................................... 285 i ii 1. Introduction The Application 1.1 The Book of Reference relates to and forms part of an application (“the Application”) for a Development Consent Order (“DCO” or “the Order”) for the Keuper Underground Gas Storage (“UGS”) Project, Holford Brinefield, Cheshire (“KGSP” or “the Project”) made to the Secretary of State for the Department of Energy and Climate Change in accordance with the provisions of the Planning Act 2008 (“the Act”). 1.2 The Project is a Nationally Significant Infrastructure Project (“NSIP”) by virtue of: 1.2.1 Sections 14(1)(c) and 17(1) of the Act, as the Project is in England and is expected to have a working capacity of at least 43 Million Standard Cubic Metres (“mcm”); and 1.2.2 Sections 14(1) (g) and 21(1) of the Act, as the system of pipes that form part of the Project and are required to convey Brine, nitrogen and natural gas are cross-country pipe-lines that would, but for s.33 (1) of the Act, require authorisation under s.1 (1) of the Pipelines Act 1962 (being in excess of 16.093 kilometres in total aggregate length), and begin and end in England. 1.3 The Project includes the construction and operation of 19 underground Cavities. It will be designed to store a working volume of approximately 500mcm of natural gas, with an import and export capability of up to 34mcm per day. The total gas stored, including ‘cushion’ gas (gas permanently held within the Cavities until decommissioning) will be up to 800,000 tonnes. 1.4 The full extent of the infrastructure applied for in the Application is described in the Project Overview (Doc ref. 8.1). See also Schedule 1 of the DCO which itemises the works required to carry out the Project and Article 35 of the DCO which provides a list of development plans submitted to the Secretary of State for approval. 1 1.5 KGSP is promoted by Keuper Gas Storage Limited (“KGSL”) a special purpose company wholly owned by INEOS Enterprises Group Limited (“IEGL”). Figure 1.1 below shows the Applicant’s corporate relationship to IEGL and to INOVYN Enterprises Limited (“IEL”). IEL is the landowner of a substantial part of the Main Development Area, and will be responsible, using its experienced Brine and Water Business, for the Solution Mining of the Cavities for the proposed Project. Figure 1.1 – Applicant’s ownership and subsidiary structure 1.6 A full policy appraisal has been undertaken to identify and describe national and local planning and energy policies relevant to the Project, and includes details of emerging local planning policies. The policy appraisal concludes that the Project is in full accord with adopted and emerging national and local planning and energy policies and that other material considerations, including security of energy supply, weigh in favour of 2 the Project. For further details see the Policy Statement (Doc ref. 8.2) that accompanies the Application. 1.7 A full Environmental Impact Assessment has also been undertaken and the findings have been objectively recorded in an Environmental Statement (Doc refs. 6.1 to 6.3), which accompanies the Application. 1.8 Where a word or phrase is capitalised in this document (other than a proper noun or at the beginning of a sentence) a definition of it can be found in the Project Glossary (Doc ref. 8.5). Purpose of the Book of Reference 1.9 Regulation 7 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 requires applicants to prepare and submit a Book of Reference with the Application. This document should be read in conjunction with the Land Plans (13-03-01/HOL/24/610-617 (Doc refs. 2.2.1 to 2.2.8)). 1.10 The purpose of the document is to list: 1.10.1 the parcels of land over which powers of compulsory acquisition are sought within the development consent order (“the Order Land”); 1.10.2 any rights over the Order Land which may be interfered with, suspended or extinguished to carry out the Project; 1.10.3 any persons outside the Order Land who may be entitled to statutory compensation for nuisance; 1.10.4 any of the Order Land which is owned by the Crown; 1.10.5 any special category land (land held inalienably by the National Trust, land forming part of a common (including a town or village green), fuel or garden allotments or opens space). 3 1.11 The regulations require the Book of Reference to comprise five parts. Part 1 – Persons within Category 1 and 2 1.12 Part 1 contains the names and addresses of all persons within Categories 1 & 2. 1.13 A person is in Category 1 where, after making diligent inquiry, KGSL knows that the person is an owner, lessee, tenant or occupier of the Order Land. 1.14 A person is in Category 2 if KGSL, after making diligent inquiry, knows that the person has an interest in the Order Land or has the power to sell, convey or release the Order Land. Part 2 – Persons within Category 3 1.15 Part 2 contains the names and addresses for service of each person within Category 3. A person is in Category 3 if KGSL think that they “would or might” be entitled to seek compensation under s.10 of the Compulsory Purchase Act 1965 or part 1 of the Land Compensation Act 1973. 1.16 KGSL has taken a conservative approach when considering whether to include a person under Category 3; if there is any possibility, however remote, that the person might have a relevant claim, they have been included. KGSL is by no means suggesting that all or, indeed, any, of the identified Category 3 persons will have a relevant claim, but it has attempted to ensure through its diligent enquiries that all potential Category 3 persons are identified and included within part 2. Part 3 - Easements or other private rights over land 1.17 Part 3 contains the names of all those entitled to enjoy easements or other private rights over land which it is proposed shall be extinguished, suspended or interfered with as a result of the DCO. 1.18 Again, KGSL has adopted a conservative approach to the compilation of part 3 of the Book of the Reference. All persons with rights over land required for the Project (within the Order limits) are included in part 3, whether or not KGSL believes that the continuance of those rights is actually inconsistent with the operation of the Project 4 and would therefore be liable to be suspended, unenforceable, extinguished or interfered with, as the case may be. KGSL’s aim in carrying out its diligent enquiries has been to identify all those parties with rights in the relevant land for inclusion in part 3. Part 4 – Crown Interests 1.19 Part 4 specifies the owner of any crown interest in the land which is proposed to be used for the purposes of the DCO for which the Application is being made. 1.20 There is no crown land within the Order limits and consequently, part 4 does not contain any details. Part 5 – Special Land 1.21 Part 5 specifies land (i) the acquisition of which is subject to special parliamentary procedure (ii) which is special category land (iii) which is replacement land and, for each plot of such land within which it is intended that all or part of the proposed development and works shall be carried out, the area in square metres of that plot. 1.22 There is no special land within the Order limits and, consequently, part 5 does not contain any details. Land Plans 1.23 Regulation 5 (2) (i) The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 requires the submission of a Land Plan identifying: The land required for, or affected
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