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The Planning Act 2008 Knottingley Power Plant Examining Authority's Report of Findings and Conclusions and Recommendation to T

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The Planning Act 2008 Knottingley Power Plant Examining Authority's Report of Findings and Conclusions and Recommendation to T The Planning Act 2008 Knottingley Power Plant Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Energy and Climate Change _______________________________________ Elizabeth Hill Examining Authority Report to the Secretary of State for the Knottingley Power Project Page intentionally left blank Report to the Secretary of State for the Knottingley Power Project ExA’s findings and conclusions and recommendation in respect of Knottingley Power Plant File Ref EN010050 The application, dated 10 September 2013, was made under section 37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on 4 October 2013. The applicant is Knottingley Power Ltd. The application was accepted for examination on 31 October 2013. The examination of the application began on 13 March 2014 and was completed on 13 September 2014. The development proposed comprises a Combined Cycle Gas Turbine (CCGT) power plant, generating up to 1500MW electricity, and associated development, including an electricity grid connection, an 8 km underground gas pipeline and underground water cooling pipes. Summary of Recommendation: The Examining Authority recommends that the Secretary of State should make the Order in the form attached. Report to the Secretary of State for the Knottingley Power Project 1 Section Contents 1 INTRODUCTION ........................................................................... 3 2 MAIN FEATURES OF THE PROPOSAL AND SITE ................................. 5 3 LEGAL AND POLICY CONTEXT ........................................................ 7 4 FINDINGS AND CONCLUSIONS IN RELATION TO POLICY AND FACTUAL ISSUES ..................................................................................... 16 MAIN ISSUES IN THE EXAMINATION ............................................... 16 DESIGN ................................................................................ 20 AIR QUALITY .......................................................................... 21 LANDSCAPE AND VISUAL IMPACT ................................................... 25 TRAFFIC AND TRANSPORT ........................................................... 31 TERRESTRIAL ECOLOGY ............................................................. 36 NOISE AND VIBRATION .............................................................. 40 FLOOD RISK AND WATER QUALITY ................................................. 43 WATER RESOURCES AND AQUATIC ECOLOGY ..................................... 48 WASTE MANAGEMENT ................................................................ 53 HISTORIC ENVIRONMENT............................................................ 54 COMBINED HEAT AND POWER ...................................................... 55 CARBON CAPTURE AND STORAGE .................................................. 56 GRID CONNECTION ................................................................... 57 HEALTH, SAFETY AND SECURITY ................................................... 58 LAND STABILITY ...................................................................... 59 SOCIO-ECONOMIC IMPACTS ........................................................ 59 LAND USE AND GREEN BELT ........................................................ 60 5 OVERALL CONCLUSION ON THE CASE FOR DEVELOPMENT CONSENT 65 6 COMPULSORY ACQUISITION ........................................................ 68 SPECIFIC GROUPS OF AFFECTED PERSONS........................................ 76 7 DRAFT DEVELEOPMENT CONSENT ORDER ..................................... 90 8 SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS ................ 102 Appendices Contents APPENDIX 1 - EXAMINATION LIBRARY .............................................. A1 APPENDIX 2 - EVENTS IN THE EXAMINATION.................................... A28 APPENDIX 3 - LIST OF ABBREVIATIONS ...........................................A32 APPENDIX 4 - RECOMMENDED DEVELOPMENT CONSENT ORDER ......... A36 Report to the Secretary of State for the Knottingley Power Project 2 ERRATA SHEET – Knottingley Power Plant - Ref. EN010050 Examining authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for the Department of Energy and Climate Change, dated 12 December 2014. Corrections agreed by the Examining Authority prior to a decision being made Page No. Paragraph Error Correction 7 3.5 The need for carbon capture The need for carbon capture is is further explained in the further explained in the Secretary Secretary of State’s of State’s Guidance on Carbon Guidance on Carbon Capture Capture Readiness (CCR) published Readiness (CCR) published in in 2009 and the SoS is prevented 2009 and the SoS is from granting a DCO under the prevented from granting a Carbon Capture Readiness DCO under the Carbon (Electricity Generating Stations) Capture Readiness Regulations 2013 unless he has (Electricity Generating determined whether specified Stations) Regulations 2013 conditions are met and, if the unless specified conditions conditions are met, a requirement are met and a requirement imposed ensuring that sufficient imposed ensuring that space is set aside for the capture sufficient space is set aside and compression. for the capture and compression. 11 3.23 The Carbon Capture The Carbon Capture Readiness Readiness (Electricity (Electricity Generating Stations) Generating Stations) Regulations 2013 require the same Regulations 2013 require the conditions to be met in electricity same conditions to be met in generating stations. The Secretary electricity generating of State may not issue a DCO for a stations. The Secretary of station over 300MW output unless State may not issue a DCO he has determined whether the for a station over 300MW above conditions are met. output unless the above conditions are met. 26 4.37 In my view, the loss of In my view, the loss of vegetation vegetation on this site would on this site would have a significant give have a significant impact on views of the site itself. impact on views of the site itself. 36 4.80 As such, under Regulation 61 As such, under Regulation 61 of the of the Conservation of Conservation of Habitats and 1 Page No. Paragraph Error Correction Habitats and Species Species Regulations 2010, there is Regulations 2009, there is no requirement for an Appropriate no requirement for an Assessment (AA) to be carried out. Appropriate Assessment (AA) to be carried out. 81 6.70 However, I am satisfied that However, I am satisfied that the the required the operational required operational land and land and interests required interests required by the applicant by the applicant can be can be taken without serious taken without serious detriment to the carrying on of the detriment to the carrying on undertaking, provided that of the undertaking, provided protective provisions safeguarding that protective provisions the EA's assets can be agreed. safeguarding the EA's assets can be agreed. 2 1 INTRODUCTION 1.1 The application for a Development Consent Order (DCO) for Knottingley Power Plant was submitted by the applicant, Knottingley Power Ltd, on 4 October 2013. The application was formally accepted by the Planning Inspectorate on 31 October 2013 under the provisions of the Planning Act 2008 (as amended) (PA2008). 1.2 The application is for a natural gas burning CCGT power plant, generating up to 1500MW electricity, and associated development including an electricity grid connection, an 8km underground gas pipeline and underground water cooling pipes. The capacity of the power plant would make it a Nationally Significant Infrastructure Project (NSIP) under ss 14 and 15(2)(c) of the PA2008, since it would be over the capacity threshold of 50MW set in the latter section. The plant would be capable of providing Combined Heat and Power (CHP), should a customer for the heat be found, and would be Carbon Capture Ready (CCR) so that Carbon Capture and Storage (CCS) could be retrofitted in the space reserved on the site for such equipment. 1.3 The application is for Environmental Impact Assessment (EIA) development as defined by Regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (as amended). It was accompanied by an Environmental Statement (ES) which, in my view, complies with the Regulations. The ES [APD033-054] was compiled following consultation on an earlier scoping report and takes into account the views of the Secretary of State's Scoping Opinion [APD056]. 1.4 The application was examined under the provisions of the PA2008 and the Infrastructure Planning (Examination Procedure) Rules 2010 (as amended). The accepted application was advertised and 20 representations were received from interested parties (IP). 1.5 Following acceptance of the application I, an Examining Inspector with the Planning Inspectorate, was appointed as Examining Authority (ExA) on 3 February 2014 for the Examination of the application. 1.6 On 18 February 2014 I gave notice of the Preliminary Meeting to be held in Knottingley on 13 March 2014 and issued an initial assessment of principal issues that I expected to consider during the examination and a draft timetable for the Examination. On 20 March 2014 I issued a timetable for the examination, accepted a number of documents, requested a number of Statements of Common Ground and issued my first set of written questions. A second round of questions Report to the Secretary of State for the Knottingley Power Project 3 was issued later on in the Examination, a number of requests for
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