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Covering Letter. Ref 4678-CAU-XX

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Covering Letter. Ref 4678-CAU-XX 8 St Georges Court, Altrincham Business Park, Dairyhouse Lane, Altrincham, Cheshire, WA14 5UA Tel: 0161 928 6886 Email: [email protected] Web: www.caulmert.com The Head of Planning and Environment. Flintshire County Council County Hall, Mold Flintshire CH7 6NF Our ref: 4678-CAU-XX-XX-CO-T-9100.A0-C1 Date: 18h August 2020 Dear Sir/Madam, Proposed Installation of Adiabatic Coolers. Deeside Power Station, Weighbridge Road, Deeside Industrial Park. Planning Portal Ref: PP- 08991160 We are pleased to enclose, for your consideration, an application for a Certificate of Lawfulness of Proposed Development for the proposed installation of three adiabatic coolers within the existing operational area of Deeside Power Station, Weighbridge Road, Deeside Industrial Park. The application is submitted via the Planning Portal and consists of the following documents and plans: 1) This covering letter; 2) Application Form; 3) Indicative Site Location Plan. Ref 4678-CAU-XX-XX-DR-T-1800 Rev P2; 4) Boundary of CLOPUD Application Site. Ref 4678-CAU-XX-XX-DR-T-1801 Rev P2; 5) Existing Site Layout. Ref 4678-CAU-XX-XX-DR-T-1802 Rev P1; 6) Proposed Sit Layout. Ref 4678-CAU-XX-XX-DR-T-1803 Rev P2; and, 7) Adiabatic Cooler Plan and Elevations. Ref OPP18014. The application fee of £192.50 has been paid by credit/debit card. a) Background In November 1990, the Secretary of State for Energy authorised the construction of Deeside Power Station, under the provisions of Section 36 of the Electricity Act 1989. In addition, the Secretary of State directed that deemed planning permission be granted for the proposed development, in accordance with Section 90 of the Town and Country Planning Act 1990. Caulmert Limited Registered Office: InTec, Parc Menai, Bangor, Gwynedd, LL57 4FG Company Registered No. 06716319 Company Registered in Cardiff Certificate Number 9113 ISO 9001, ISO 14001 The Power Station was commissioned in 1994 and has been shut down and in preservation since March 2018. The Power Station site is owned by Flintshire County Council and is the subject of a lease to Deeside Power (UK) Ltd which expires on 21st November 2093. Deeside Power (UK) Ltd is a licence holder, under the provisions of Section 6 of the Electricity Act 1989, and earlier this year was awarded a six year contract, by National Grid Electricity System Operator, to participate in a new, innovative and world first approach to managing the stability of the UK electricity system. Under the contract, Deeside Power Station will help to manage electricity system properties such as inertia, voltage and short circuit, utilising the existing gas turbine generators and associated systems. This new approach represents a significant step towards achieving a zero-carbon electricity system. b) The Proposed Development In order to perform the above-mentioned services, Deeside Power (UK) Ltd proposes to install three adiabatic coolers to provide effective cooling for the existing gas turbine generators and their associated oil systems. The adiabatic coolers would each measure 10.31m (l) x 2.66m (w) x 2.55m (h) and would be located on an area of existing hardstanding, immediately to the west of the existing steam turbine building. The existing fire fighting pumping station/water treatment building is located to the west of the site of the proposed adiabatic coolers. c) Class G, Part 17, General Permitted Development Order 1995 (as amended) Class G of Part 17 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (hereafter “the GPDO”) relates to Electricity Undertakings and confers permitted development rights on statutory undertakers for the generation, transmission or supply of electricity for the purposes of their undertaking. Class G(f) of Part 17 refers, in particular, to “any other development carried out in, on, over or under the operational land of the undertaking”. Development is not permitted by Class G(f) if it would consist of or include: i. “The erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected, or ii. The installation or erection by way of addition or replacement of any plant or machinery exceeding 15 metres in height or the height of any plant or machinery replaced, whichever is the greater.” Article 1(2) of the GPDO states that statutory undertaker “includes, in addition to any person mentioned in Section 262(1) of the Act (meaning of statutory undertakers)…….any licence holder within the meaning of Section 64(1) of the Electricity Act 1989”. Section 64 of the Electricity Act 1989 confirms that “licence” means a licence under Section 6 of the Act and that “licence holder” shall be construed accordingly. As indicated above, Deeside Power (UK) Ltd is a licence holder, under the provisions of Section 6 of the Electricity Act 1989. Section 263(1) of the Town and Country Planning Act 1990 confirms that the meaning of “operational land” in relation to statutory undertakers includes “land which is used for the purpose of carrying on their undertaking”. Para G.5 of Class G of Part 17 of the GPDO confirms that “for the purposes of Class G(d), (e) and (f), the land of the holder of a licence under Section 6(2) of the Electricity Act 1989 Page 2 of 4 (licences authorising supply etc) shall be treated as operational land if it would be operational land within Section 263 of the Act (meaning of operational land) if such licence holders were statutory undertakers for the purpose of that section”. Since the Deeside Power Station site is used by Deeside Power (UK) Ltd, for the purpose of carrying on their undertaking, the site is considered to constitute operational land. The proposed adiabatic coolers comprise items of plant and machinery which are required to provide effective cooling for the existing gas turbine generators and their associated oil systems. The installation of the proposed coolers would not involve the construction, reconstruction or alteration of a building. In addition, the height of the proposed coolers would not exceed 15 metres. The installation of the three proposed adiabatic coolers are considered to constitute permitted development, under the provisions of Class G(f) of Part 17 of Schedule 2 of the GPDO, since the development would be carried out by a statutory undertaker on their operational land and would involve the installation of plant and machinery less than 15m in height. d) Class B, Part 8, General Permitted Development Order 1995 (as amended) On 15th September 2016, Flintshire County Council granted a Certificate of Lawful Use or Development for the proposed installation of plant and machinery associated with up to 20 MW of peaking plant and associated connections at Deeside Power Station (Application Ref: 055641). Although this development has not been carried out, the County Council accepted that the permitted use of the site fell within the “General Industrial” Use Class B2 of the Town and Country Planning (Use Classes) Order 1987 (as amended). The County Council’s reason for granting the Certificate stated that “the proposed works fall within the scope of permitted development within Part 17, Class G of the Town & Country Planning (General Permitted Development) Order 1995 as amended and within Part 8, Class B of the Town & Country Planning (General Permitted Development) Order (Amendment) (Wales) Order 2014”. The permitted use of the Deeside Power Station site has not changed since the above-mentioned Certificate was granted. Class B(a) of Part 8 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) refers to development carried out on industrial land for the purpose of an industrial process consisting of, inter alia, “the installation of additional or replacement plant or machinery”. Development is not permitted by Class B(a) if: a) “It would materially affect the external appearance of the premises of the undertaking concerned; or, b) Any plant or machinery would exceed a height of 15 metres above ground level or the height of anything replaced, whichever is the greater.” As indicated previously, the proposed adiabatic coolers comprise items of plant and machinery which are required to provide effective cooling for the existing gas turbine generators and their associated oil systems. The proposed coolers would be screened from viewpoints to which the general public has access by existing Power Station buildings, tanks and structures and by the wooded bund that extends along the western boundary of the Power Station site. In addition, the height of the proposed coolers would not exceed 15 metres. The installation of the three proposed adiabatic coolers are considered to constitute permitted development, under the provisions of Class B(a) of Part 8 of Schedule 2 of the GPDO, since the development would be carried out on industrial land for the purpose of an industrial process, would Page 3 of 4 not materially affect the external appearance of the premises and would involve the installation of plant and machinery less than 15m in height. e) Conclusions For the reasons outlined above, Flintshire County Council is requested to grant a Certificate of Lawfulness of Proposed Development for the proposed installation of three adiabatic coolers, within the existing operational area of Deeside Power Station, Weighbridge Road, Deeside Industrial Park on the basis that the proposed development constitutes permitted development under the provisions of Class G(f) of Part 17 and/or Class B(a) of Part 8 of Schedule 2 of the GPDO. If you require any clarification or further information, please do not hesitate to contact us Yours faithfully Page 4 of 4 .
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