THE MORLAIS DEMONSTRATION ZONE ORDER
TRANSPORT AND WORKS ACT 1992
STATEMENT OF CASE
OF
ORTHIOS ECO PARKS (ANGLESEY) LIMITED AND ORTHIOS POWER (ANGLESEY) LIMITED
Pursuant to Rule 7(3) of the Transport and Works (Inquiries Procedure) Rules 2004.
DLA Piper UK LLP Princes Exchange Princes Square Leeds LS1 4BY United Kingdom Tel: Fax: CXS/CXS/417009/2/UKM/105385781.1
CONTENTS
1. INTRODUCTION ...... 3 2. RELEVANT BACKGROUND ...... 3 3. OVERVIEW OF ORTHIOS’ CASE ...... 3 4. ORTHIOS’ UNDERSTANDING OF THE APPLICANT’S REQUIREMENTS ...... 5 5. ALTERNATIVES PROPOSED BY ORTHIOS ...... 5 6. IMPACTS OF APPLICANT’S REQUIREMENTS ON ORTHIOS’ INTERESTS ...... 6 7. SUPPORTING DOCUMENTS ...... 8 LIST OF DOCUMENTS ...... 9
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1. INTRODUCTION
1.1 This document is the Statement of Case of Orthios Eco Parks (Anglesey) Limited and Orthios Power (Anglesey) Limited ("Orthios") in its capacity as an objector pursuant to Rule 7(3) of the Transport and Works (Inquiries Procedure) Rules 2004 ("Rules").
1.2 Orthios submitted an objection letter dated 30 October 2019 (the "Objection") in respect of Menter Môn Morlais Limited’s ("Applicant") application to the Welsh Government for the proposed Morlais Demonstration Zone Order (the "Order").
1.3 This Statement sets out the basis of Orthios' case for its objection which will be put forward by Orthios if necessary, at inquiry.
2. RELEVANT BACKGROUND
2.1 Order Land parcels 46 – 48 and 51 are owned by Orthios Eco Parks (Anglesey) Limited (company number 08508647) and Order Land parcels 49 – 50 are owned by Orthios Power (Anglesey) Limited (company number 06983862, previous name Anglesey Aluminium Metal Renewables Limited). There has been no change in the nature of Orthios’ interests in the site since the Applicant made its application for the Order.
2.2 As part of its electrical infrastructure development, Orthios is in discussion to build or commission a new substation with Scottish Power Energy Networks (SPEN) located in Parcel 51, together with new cables on the boundary of parcels 48 and 49. This is planned to be operational in Q1 2021 at 11kV (with an undetermined date for the 33kV operation). This is both the main Orthios power supply to its site and point of export. Orthios will outline how this upgrade to key support infrastructure will potentially be compromised by the approach and timing of the Applicant’s connection proposals as currently proposed.
3. OVERVIEW OF ORTHIOS’ CASE
3.1 Orthios will provide details of its current operations within the part of its site included in and/or affected by the Order, which can be summarised as follows:
3.1.1 The main 11kV power supply for the Orthios site is connected to a substation on the east side of Parcel 48. The Orthios electrical team access the substation frequently via the East Gate located in Parcel 48;
3.1.2 Part of the switchyard is contained within the western portion of Parcel 49 which contains the existing substation. This western portion also annexes a portion of the 11kV substation;
3.1.3 Parcel 51 and 48 comprises an existing operational access road which is presently owned and used by Orthios as emergency access to its main site. It also serves as principal access to AMG Alpoco UK Limited’s operational site and access to emergency services mobile communications tower on their land via a controlled gate at the north east corner of Parcel 49;
3.1.4 The East Gate, located at the junctions of Parcels 48 and 51, controls and manages access to Orthios’ site and is important to its current operations. CCTV cameras are mounted on poles and buildings within Parcels 48 – 50 and connected to the main security gatehouse where the system is constantly monitored. This is a particularly security sensitive area for the Orthios operations; and
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3.1.5 The Order Land encroaches with the security site of Orthios’ site and could affect several hundred metres of palisade security fencing used to secure and control access to the south east and north east of the Orthios site.
3.2 As set out in the Objection, Orthios will explain that it does not object to the principle of the Applicant’s proposed development and welcomes the objectives of the Applicant’s proposal in seeking to generate economic development for the region. Orthios’ objection is in relation to ensuring that the Applicant’s proposals are developed in a manner that is consistent and complementary with its own proposals for its site affected by the Order.
3.3 Orthios will explain that since the submission of the Applicant’s Order, it has been and remains in constructive dialogue with the Applicant to explain the nature and extent of potential impacts on its interests, to understand the Applicant’s requirements, and has presented to the Applicant viable alternatives (whether by agreement with Orthios or with a reduced footprint within the Order Land) which meet reasonable requirements to facilitate a connection to the substation within Parcel 49. Relevant details of the extent and nature of those discussions can and will be provided as part of evidence at inquiry, as necessary.
3.4 Orthios will explain that it considers the extent of pre- and post-Order consultation with it has been inadequate having regard to the degree of optionality that the Applicant seeks to carry into a confirmed Order. Furthermore, that the rate of progress of discussions that has followed to reach agreement on terms for acquisition by consent, thereby avoiding the need for compulsory acquisition, has been inadequate.
3.5 Orthios will demonstrate that the Applicant’s proposals seek the inclusion of land interests on the north side of the A55, owned by Orthios, that exceed land required by the Applicant to meet its reasonable requirements, are not necessary or justified either in their own right and/or having regard to Orthios’ current or planned use of this part of the Order Land.
3.6 Orthios will also present details of alternatives that it considers meet the Applicant’s requirements with a connection within the switchyard which avoid material areas of the Order Land.
3.7 Orthios will further explain that alternatives exist with either a direct connection with National Grid or via Orthios (behind its meter) – the latter which Orthios will explain offers financial savings to the Applicant and represents a cost effective and material benefit to a direct connection. However, as the decision as to whether or not to proceed with a direct connection is ultimately a commercial matter for the Applicant, Orthios does not intend to contest that criteria or present evidence on this specific matter unless or to the extent that it proves necessary to demonstrate that its alternatives are feasible or no less feasible than those being promoted by the Applicant.
3.8 Orthios will demonstrate that it has not received any request for more detailed assessment (beyond walkover surveys) of the feasibility of areas included with the Order Land to facilitate the works proposed in those areas. It will explain that the Applicant has failed to establish and take account of pre-existing constraints within Parcels 49-50 and that this does not assist the Applicant’s case for a wider area but rather validates Orthios’ contention that alternatives should be pursued and/or that large areas within the Order Land proposed are not suitable, necessary or justified. Orthios will present the findings of a survey that it has itself instead commissioned to map pre-existing constraints details of which will be relied upon (Document 1).
3.9 Orthios will also explain that even adopting its understanding of the Applicant’s requirements and its likely proposals within the Order Land, the Applicant requires no more than
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approximately 1 acre of its land, which represents less approximately a third of the extent of Parcel 49. Orthios will demonstrate that other suitable alternatives exist that avoid or minimise even this requirement.
4. ORTHIOS’ UNDERSTANDING OF THE APPLICANT’S REQUIREMENTS
4.1 The Applicant has not provided a fixed proposal for its connection (method and/or route alignment) within Orthios’ site and prefers to carry a large degree of optionality. Orthios will explain that, whilst some options and scenarios have been alluded to by the Applicant, no firm proposals and/or supporting rationale/documents have been tabled. In the absence of or otherwise subject to agreement (as common ground), Orthios will explain its understanding of the works the Applicant proposes to carry out on its site and function and performance requirements of those works, including:
4.1.1 Orthios believes that the Applicant intends to construct a substation for a direct connection to National Grid with power conditioning equipment. Orthios has no technical details relating to the asset make up, nor has Orthios been approached by National Grid concerning the use of additional Orthios’ owned land required to modify its assets and facilitate the Applicant’s direct connection. It is therefore assumed that the Applicant’s intention is to secure the rights that National Grid would otherwise require. Orthios will explain that it understands that the Applicant is considering an option where it will require approximately 1 acre of Parcel 49 for the siting of a substation and the connection to one of the existing 132kV cables – which would take approximately no more than one third of Parcel 49;
4.1.2 Orthios as a party contracted to National Grid (Bilateral Embedded Generation Agreement and Bilateral Connection Agreement) would expect to be consulted by National Grid under the terms of those agreements if any works are proposed that would result in any loss of services i.e. line outages. Orthios will explain that no consultation has taken place prior to any award of a connection offer to the Applicant; and
4.1.3 The power generated by the Applicant’s project can be put on to the National Grid Electricity Transmission system either through an agreement with Orthios or by a direct agreement with National Grid. As Orthios have not been made aware by National Grid of any proposal for the Orthios substation to be used in conjunction with any direct agreement between National Grid and the Applicant, Orthios will continue to assume until notified otherwise that the connection will be under an agreement with Orthios. Orthios will explain how they will be able to structure such arrangements in a way that will ensure continuity of connection for the Applicant’s project, regardless of the commercial success or otherwise of the various Orthios business activities.
5. ALTERNATIVES PROPOSED BY ORTHIOS
5.1 With reference to plans (Document 2), Orthios will explain that it has discussed and/or presented the Applicant with details of alternatives that meet the Applicant’s reasonable requirements. As such it will demonstrate that the Applicant does not require or cannot justify the inclusion of all of the Order Land. Alternatives include:
5.1.1 Option A: In the event of a direct connection to National Grid, Orthios is willing to provide a suitable lesser area to facilitate that connection within its 132kV substation, for example as shown in drawing 21/2009-OMFEA-A-1 (Document 2). Under this arrangement, the Applicant would route its cable into the Orthios
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site via point X1 and point X3. Thereafter, the Applicant could construct its own 132kV switchbay in the area designated as MSB2. Orthios’ preference would be to enter into an agreement to provide any services (including access to site power conditioning) required to accommodate or construct or operate controls, protection, metering or communications equipment required for the functioning of the switch bay. However, this option could be facilitated by the provision or securing of rights only in land and for the Applicant (or its agent) to carry out all works, operations and services, subject only to complying with all relevant adoptable standards.
5.1.2 Option B: Orthios is willing to grant and provide a connection for the Applicant onto the Orthios busbar. Orthios will explain the configuration and approach to this option with reference to drawings including Drawing 21/2009-OMFEA-132-B-1 which shows how this could be achieved. Orthios will explain the terms upon which this could be provided (and remains open to discuss with the Applicant in advance of providing evidence). For example, the Applicant would route its incoming 132kV cable via HDD to point X1 and thereafter via ground excavations to point X2. Orthios would be willing to construct a 132kV switch bay in the area designated as MSB1 to facilitate the busbar connection along with suitable controls, protection, metering and communications equipment together with any operational functions prescribed by National Grid. By virtue of the busbar connection, Orthios would be willing to enter into an agreement to provide power conditioning to be constructed in the area PC1. Whilst not understood to be an essential component of the Applicant’s project, Orthios would be further willing to enter an agreement with the Applicant to provide access to a battery energy storage system (BESS) as a service for up to 10MWe and 1 hour running depth. A proposed BESS project is planned to be constructed in area 50 and connected via a 33kV substation to be constructed in a repurposed building shown as 33S1, subject to securing all necessary consents and approvals. The Applicant would then share the interconnection facilities between 33kV and 132kV which will be designed to accommodate the necessary energy transfers.
5.2 Orthios will demonstrate that these alternatives are no less feasible than those being pursued by the Applicant and avoid or minimise the land take and extent of Order Land being sought by the Applicant. Orthios is willing to grant relevant rights by way of agreement avoiding the need for any compulsory acquisition powers in relation to its site. Alternatively, lesser rights in land are more appropriate than as promoted in the Order. The Applicant’s case for compulsory acquisition of the Order Land within Orthios’ site is not justified or necessary.
6. IMPACTS OF APPLICANT’S REQUIREMENTS ON ORTHIOS’ INTERESTS
6.1 Orthios will provide details as appropriate and necessary to demonstrate its current and planned use for the Order Land including details of how the use of the balance of its site is affected by the Applicant’s proposed acquisition of the Order Land. Orthios will explain how these impacts will be avoided or materially minimised adopting one or more of its alternatives.
6.2 Orthios will provide details of its track record and access to market as is necessary and proportionate to the issues in hand.
Current use of the Order Land
6.3 Parcel 51 comprises of an emergency access utilised by Orthios. Insufficient information has been provided by the Applicant to enable Orthios to understand the impacts of the Applicant’s use of its private means of access along Parcel 51. No details of arrangements are proposed and need to be secured for the benefit of Orthios to ensure that reasonable access is maintained, as
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well as sufficient and enforceable measures to ensure the monitoring, maintenance and repair of the road to its current condition following the construction phase. The powers within the Order are wide and uncontrolled and a working arrangement needs to be in place. As is appropriate, Orthios will explain how this may have the potential to give rise to regulatory breaches given the actual and proposed use by Orthios of its site.
6.4 Orthios will explain its requirement for use of and the ability to invest in, change or upgrade key infrastructure on its site, including the rail sidings, site utilities (electricity, water, sewerage, gas and fibre) and the private grid connection and switchyard. For example, Orthios will explain that switchyard refurbishment with electricity export/import capability including Orthios’ ability to control and monitor the switchyard via the repurposed MSCDN building would be compromised or prejudiced by the sole use or occupation of any part of that building by the Applicant. Additionally, that the rail sidings are to be used for the import and export of heavy cargo and the Applicant’s proposals should or need not compromise the capacity of the rail system.
Pipeline projects affected by the Order
6.5 Orthios will explain that it has a number of projects in the pipeline for delivery on its site. With reference to each of the following projects, it will explain the extent to which its understanding of the Applicant’s proposals could or will interfere with its pipeline. It will, with plans and supporting information as is necessary, describe its pipeline projects in sufficient detail including scope for changes, as follows:
Plastics depolymerisation units (PDU)
6.5.1 In relation to PDU1, the first electricity export is expected from Q2 2021. Import by rail of plastics feedstock is anticipated to begin mid-to-late 2022.
6.5.2 Once PDU1 is operational in Q2 2021, one of the key income generating products from the plant will be the export of electricity. Taking one of the 132kV cables out of service will deplete the level of security in the National Grid connection. The next outage (unplanned or planned) will result in complete loss of transmission service for Orthios.
6.5.3 Orthios plan to develop Units 2/ 3/ 4 in the existing PDU area together with a further 5 Units in the PPC building (also an existing building). By Q1 2024 Orthios anticipate that a minimum of 9 units will be in operation generating and exporting a greater volume of electricity via the grid connection infrastructure.
6.5.4 Orthios’ alternative plan to connect the Applicant’s 132kV circuit inside the switchyard would significantly mitigate the risks to Orthios by reducing the risk of losing connectivity during outages. Orthios plans to install additional units in the coming months significantly increasing the need to import and export power. Orthios will explain how one of the alternative connection arrangements proposed could avoid potential technical and commercial difficulties relating to a loss of transmission.
Battery energy storage
6.5.5 Orthios plans to bring forward battery energy storage on Parcel 49 and data centre projects elsewhere on the site, both of which will depend on the import and export of electricity through the Orthios connection infrastructure and the retention of rights in land currently being proposed for inclusion by the Applicant in the Order.
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These users are particularly sensitive to a total loss of transmission service. Orthios will explain how the Applicant’s preferred connection method will cause potential technical difficulties relating to the loss of a secure transmission. It will explain how alternatives avoid or minimise that risk.
Extant Section 36 consent and deemed planning permission for biomass fuelled electricity generation station
6.5.6 Orthios is at an advanced stage of negotiations with operators and funders for an energy generating project that will generate and export up to 160 MWe of electricity through the Orthios connection infrastructure. In addition to requiring a connection into the switchyard this also requires part of the Order Land for laydown (part of Parcel 49). Orthios is in the course of preparing necessary applications for Section 36C consent and corresponding planning permission to facilitate the project. Relevant documentation relation to the extant Section 36 consent is provided as Documents 3 - 5.
6.5.7 The application will be for a facility which may potentially include a number of process units to be constructed over several phases. Informal discussions have taken place with Isle of Anglesey County Council (IoACC) planning department in connection with Phases 1 to 5 of the project. Phase 1A would be located inside part of an existing building and Phases 1B to 5 all within the consented and commenced Renewable Energy Plant site, which has an extant planning permission for a power station.
6.5.8 Phase 1A planning application to IoACC is currently being finalised. Phases 1B to 5 will require an application to be submitted to Welsh Government (WG) for a Development of National Significance (DNS). Orthios are working with WG towards submission of a planning application having held initial discussions with them in August 2020. In parallel with the above proposal for a DNS, Orthios have already liaised with UK Government to approve a Section 36 Variation and have issued them with the proposed new wording. Discussions have been arranged to take place with the relevant government department in September 2020 to progress this variation proposal.
6.6 Orthios will explain how the feasibility and deliverability of the above projects is adversely affected by the Applicant’s proposed inclusion of a wide area of Order Land and /or having regard to potential for wide and uncontrolled application of Order powers.
6.7 Orthios will detail the economic, social and environmental benefits of these projects including details of expected delivery in terms of job creation, GVA and their carbon credentials.
7. SUPPORTING DOCUMENTS
7.1 Orthios intends to refer to or put into evidence the inquiry if necessary, the documents, plans and maps listed below.
7.2 Orthios reserves the right to add or remove the documents from the list, as necessary, including in response to further comments and/or evidence put forward by the Applicant.
7.3 Orthios' proposed list of documents at this stage is therefore as follows.
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LIST OF DOCUMENTS
1. Underground Utility Services Layout – Drawing Number 42801-001
2. Plans of alternatives for the Applicant’s connection – Drawing Numbers 21/2009/OMFEA-132-B-1 and 21/2009-OMFEA-132-A-1
3. Section 36 Consent reference 12.04.09/19C dated 16 September 2011 and covering letter
4. Variation of Section 36 Consent dated 4 April 2014 and covering letter
5. Certificate of Lawfulness for existing building operations safeguarding consent 12/04.09/19C dated 21 September 2016
CXS/CXS/417009/2/UKM/105385781.1 9 Electromagnetic and/or Ground Penetrating Radar techniques have been used to locate/map underground utilities and features on this drawing. Intersect Surveys Ltd has made every endeavour to make sure that the information contained within this drawing is accurate and of the highest quality. Intersect Surveys Ltd has used any record drawings provided by the client or by the Statutory Utility Providers, at the client's request, at the time of the survey. Any information taken from these drawings (e.g. pipe sizes and position) is not guaranteed. Historic record information is often incomplete and inaccurate and cannot be relied upon. Intersect Surveys Ltd is not liable for any topographical survey that has not been undertaken by us. Any inaccuracies relating to topographical plans/development plans/Ordnance Survey data that we have no control over is the liability of the customer. Where quoted, depth information of underground services/features is stated. Depths are generally within +/10% accurate, but cannot be guaranteed. Any depths shown on drains are usually to invert (base of drainage channel) unless otherwise stated. At Intersect Surveys Ltd we use skilled staff and modern, calibrated equipment to perform our surveys. However, the completeness of any underground survey cannot be 100% guaranteed and the results from these types of surveys are not infallible. If the location or depth of services/features is of particular importance to a project then it is strongly recommended that discussions are held with Intersect Surveys Ltd regarding any possible limitations or anomalies. It is also strongly advised that trial excavations should be undertaken to confirm survey results. We cannot be held responsible for any inaccuracies beyond those that could be reasonably expected by a competent company. ABBREVIATIONS (Land & Utilities) AR ASSUMED ROUTE KO KERB OUTLET SiL SIGNAL LOST AV AIR VALVE Lby LIFEBOUY SP SIGN POST BB BELISHA BEACON Lck LOCK GATE SPil SHEET PILING BD BACKDROP Ldr LADDER Spr SPRING Bdl BED LEVEL LH LAMP HOLE SPt SAMPLING POINT BH BOREHOLE LP LAMP POST ST STOP TAP BHch BASEMENT HATCH COVER LV LOW VOLTAGE Sti STILE Bin LITTER / GRIT SALT BIN MgP MOORING POST Stl STRUCTURE TOP LEVEL BL BASEMENT LIGHT mH METERS HIGH Stp STUMP (TREE) Bol BOLLARD Mhcy MACHINERY StP STAND PIPE BP BOUNDARY POST MH MANHOLE StPo STAY POST BS BUS STOP Mkr MARKER POST StW STAY WIRE BTIC BRITISH TELECOM CHAMBER MkrE MARKER POST (ELECTRIC) SV STOP VALVE CatL CATENARY LEVEL MkrG MARKER POST (GAS) SVP SOIL VENT PIPE CATV CABLE TV COVER MkrR MARKER POST (RAILWAY) TBM TEMPORARY BENCH MARK CB CONTROL BOX MkrT MARKER POST (TELECOM) TCB TELEPHONE CALL BOX CBlt CONVEYOR BELT MkrW MARKER POST (WATER) TEL TELECOM CHAMBER COVER CC COAL CHUTE MP MILE POST TFR TAKEN FROM RECORDS CGrd CATTLE GRID MS MILE STONE Thl THRESHOLD LEVEL ChL CHANNEL LEVEL NL NOT LOCATED TL TRAFFIC LIGHT Chy CHIMNEY NP NAME PLATE TP TELEGRAPH POLE CI CAST IRON OSA OUTSIDE SURVEY AREA Tpt TRIAL PIT CL COVER LEVEL OSBM O.S BENCH MARK Tr TROUGH OSA CO CONCRETE OGP OVERGROUND PIPE UTF UNABLE TO FIND
CP CABLE PIT OHCu O/H CABLE (UNIDENTIFIED) UTGA UNABLE TO GAIN ACCESS
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Dia. DIAMETER PCsg PEDESTRIAN CROSSING VW VALVE / SLUICE WHEEL
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G= GIRTH RMP RESERVOIR MONITORING PNT CPF CHESTNUT PALING
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IC INSPECTION CHAMBER SI SPUN IRON
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OSA TFR Z KEY
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0.97dZ
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1.50d EARTH CABLE
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HV 0.92d
0.35dZ U
O O OFFSET FILL PIPE : SWIC PD:1.67
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1.40d
R 150Ø R
U Z Z 150Ø
150Ø RADAR AREA ANOMALY : 1.0d
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Z R R 1.20d 1.07d RADAR UTILITY TRACE
Z 300
0.97d SURFACE DRAINAGE
: 1.18d TFR U SURVEY BOUNDARY UTL STUCK
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150Ø RODSTOP TFR
U 0.87d TL TL TRAFFIC LIGHTS
1.30d
0.19d : TFR U U UNIDENTIFIED Z Z 1.30d
Z VR VR
1.30d 0.97d VAPOUR RECOVERY U
0.87d V V
0.13d VENT PIPE
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1.30d TFR Z
Z U 1.0d O.S BENCH MARK 1.20d 0.15d 1.34d
TFR Z
Z SURVEY CONTROL STATION
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TFR
1.42d
1.14d LP
0.57d U
Z Z 1.26d TFR 1.0d
Z Z
RISER Z
Z 1.40d 1.38d U 0.78d
0.48d UTT TRF 1.64d Z
Z 0.74d TFR 0.60d 1.47d
Z Z EOT OSA Z
Z Z 1.37d 1.10dU 0.47d 1.64d UTT Z
0.78d ROD STOP
0.80d Z 0.61C TFR EOT OSA
OSA 0.58d Z Z Z 1.40d
Z Z 0.57d Z
Z 0.57d Z
0.54d Z Z
Z Z Z OSA Z 0.79d
Z 0.83d 0.82d Z Z 0.42d 0.67d 0.72d Z Z TFR Z
0.62d 0.67d Z 0.56d Z Z 450 APX OFFSET 1.98d Z Z 0.87d
Z UTR Z
1.0dZ
450 OFFSET UTR Z Z 0.67d 1.40d
1.50d
Z Z 0.63d Z TRIANGLE Z 1.40d 0.97d 1.47d TFR Z
300 OFFSET Z Z Z 0.62d
Z Z TFR TFR Z
0.65d 1.37d Z Z 1.40d
Z Z
1.0d Z Z 0.72d
Z 1.20d Z
Z EOTOSA Z 0.80d
Z Z
Z Z 1.27dZ
0.97d 0.86d 0.82d 0.67d
Z Z 0.87d
Z Z Z
1.0d Z Z Z 1.20d 0.90d
Z Z
0.94d 1.20dZ Z
0.78d Z
Z Z
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Z 1.40d 1.0d OSA 1.42d Z
Z Z OSA
Z 0.86d Z 0.67d
1.40d TFR Z 0.98dZ Z 0.78d Z
Z 1.20d 0.70d Z
Z Z Z Z
0.80d 1.40d Z 1.20d
Z 0.90d Z 0.94d Z
Z
Z 0.48d
0.74d Z Z Z 1.32d
1.0d 1.30d Z Z
Z
0.78d Z Z Z 0.57d 0.70d 1.36d
1.20d Z 0.70d Z Z Z Z Z 0.84d1.30d
0.57d Z
Z
Z 1.38d OSA
Z Z
Z 1.0d TFR
UTL STUCK 1.32dZ
Z 1.07dZ POSSIBLE GAS 0.92d 1.0d EOT SIGNAL LOST
0.50d OSA
0.92d TFR Z
OSA Z
TFR
Z Z INFORMATION
TFR
T: 020 3857 4831 M: 07535 236 812 www.intersectsurveys.co.uk
42801-001 NOTES:
0 10 20 30 40 50 60 70 80 90 100 1. THIS DRAWING IS TO BE READ IN CONJUC- TION WITH ALL OTHER DRAWINGS 2. DO NOT SCALE FROM THIS DRAWING 3. ALL MEASUREMENTS ARE IN METRES UN- 43 LESS OTHERWISE STATED.
KEY
ADDED DURING PROPOSED WORKS IN YEAR 2022
REMOVED DURING PROPOSED WORKS 45 IN YEAR 2022
46 FUTURE WORKS 47 51 48 132kV OR 33kV REACTIVE COMPENSATION / FILTERING
33kV INDOOR SUBSTATION (FORMER 49 MSCDN BULDING)
AREA NOT REQUIRED FOR CABLE SWATHE FOR 33kV GENERATOR MORLAIS EQUIPMENT X1 CONNECTIONS
CABLE SWATHE FOR 33kV DEMAND CONNECTIONS
CABLE SWATHE FOR BATTERY STORAGE
MORLAIS PROPOSED LAND USE D
MORLAIS ALTERNAITVE CABLE ROUTE INTO SUBSTATION OPTION 1 X2 50 PARCEL BOUNDARIES
WYLFA 1 WYLFA 2 MSB1
PC1
P01 ISSUED MF PH TJ 17/09/20 Rev Description Cre’d Chk’d App’d Date AREA RESERVED FOR POWER CONDITIONING
132/11kV MORLAIS 132/33kV 132/33kV 132/33kV 2 CONTROL Scheme No: Site: BULDING 132/33kV — PENRHOS Scheme Name: ORTHIOS ELECTRICAL SITE Document Title:
SITE LAYOUT WITH MORLAIS CONNECTION 1 OF 2
Created by: Date: Checked by: Date: Approved by: Date: M.Fairhurst 15/09/20 P. Haywood 17/09/20 T. Jesson 17/09/20
Client: Document Type: Format: Sheet(s): Revision: Orthios 2D Drawing A3 1 of 2 P01
Document Number:
21/2009-OMFEA-132-B-1 NOTES:
0 10 20 30 40 50 60 70 80 90 100 1. THIS DRAWING IS TO BE READ IN CONJUC- TION WITH ALL OTHER DRAWINGS 2. DO NOT SCALE FROM THIS DRAWING 3. ALL MEASUREMENTS ARE IN METRES UN- 43 LESS OTHERWISE STATED.
KEY
ADDED DURING PROPOSED WORKS IN YEAR 2022
REMOVED DURING PROPOSED WORKS 45 IN YEAR 2022
46 FUTURE WORKS 47 51 48 132kV OR 33kV REACTIVE COMPENSATION / FILTERING
33kV INDOOR SUBSTATION (FORMER 49 MSCDN BULDING)
AREA NOT REQUIRED FOR CABLE SWATHE FOR 33kV GENERATOR MORLAIS EQUIPMENT X1 CONNECTIONS
CABLE SWATHE FOR 33kV DEMAND CONNECTIONS
CABLE SWATHE FOR BATTERY STORAGE
MORLAIS PROPOSED LAND USE D
MORLAIS ALTERNAITVE CABLE ROUTE INTO SUBSTATION OPTION 2
50 PARCEL BOUNDARIES
MSB2
WYLFA 1 WYLFA 2 X3
PC1
P01 ISSUED MF PH TJ 17/09/20 Rev Description Cre’d Chk’d App’d Date AREA RESERVED FOR POWER CONDITIONING
132/11kV MORLAIS 132/33kV 132/33kV 132/33kV 2 CONTROL Scheme No: Site: BULDING 132/33kV — PENRHOS Scheme Name: ORTHIOS ELECTRICAL SITE Document Title:
SITE LAYOUT WITH MORLAIS CONNECTION 2 OF 2
Created by: Date: Checked by: Date: Approved by: Date: M.Fairhurst 15/09/20 P. Haywood 17/09/20 T. Jesson 17/09/20
Client: Document Type: Format: Sheet(s): Revision: Orthios 2D Drawing A3 2 of 2 P01
Document Number:
21/2009-OMFEA-132-A-1 Our ref: 12.04.09/19C
DEPARTMENT OF ENERGY AND CLIMATE CHANGE
CONSTRUCTION AND OPERATION OF A BIOMASS FUELLED GENERATING STATION AT PENRHOS WORKS, HOLYHEAD, ANGLESEY
CONSENT UNDER SECTION 36 OF THE ELECTRICITY ACT 1989
1. Pursuant to section 36 of the Electricity Act 1989 the Secretary of State for Energy and Climate Change (“the Secretary of State”) hereby consents to the construction by Anglesey Aluminium Metal Renewables Limited (“the Company”), on the area of land delineated by a solid red line on Drawing No. 63562/1.1/AAMR/01, annexed hereto and duly endorsed on behalf of the Secretary of State, of a biomass fuelled generating station at Penhros Works, Holyhead, Anglesey (“the Development”), and to the operation of that generating station.
2. Subject to paragraph 3(1), the Development shall be up to 299 MW capacity and comprise:
(a) one or two Circulating Fluidised Bed boilers;
(b) one or more steam turbine generators;
(c) hybrid cooling towers;
(d) covered fuel storage area;
(e) ancillary plant and equipment; and
(f) the necessary buildings (including administration offices, workshops and stores) and civil engineering works.
3. This consent is granted subject to the following conditions:
(1) The Development shall be constructed and operated in accordance with the details contained in paragraph 2 of this consent and the application dated 28 August 2009, subject to any minor changes which may be approved by the Council pursuant to the provisions of deemed planning permission.
(2) The commencement of the Development shall not be later than five years from the date of this consent, or such longer period as the Secretary of State may hereafter direct in writing. DIRECTION TO DEEM PLANNING PERMISSION TO BE GRANTED UNDER SECTION 90 OF THE TOWN AND COUNTRY PLANNING ACT 1990
CONSTRUCTION AND OPERATION OF A 299MW BIOMASS FUELLED ELECTRICITY GENERATING STATION AT PENRHOS WORKS, HOLYHEAD ANGLESEY
4. The Secretary of State in exercise of the powers conferred on him by section 90(2) of the Town and Country Planning Act 1990 hereby directs that planning permission for the Development be deemed to be granted subject to the following conditions:
Definitions (1) In these Conditions unless the context otherwise requires-
“applicable mandatory sustainability criteria” means:
(i) the mandatory sustainability criteria which the Development must comply with from time to time as a condition of eligibility for financial assistance under a relevant assistance regime; or
(ii) if financial assistance has been granted under a relevant assistance regime in respect of the Development for a limited period of time and that period has elapsed so that the Development is no longer eligible for financial assistance under any relevant assistance regime, those criteria by compliance with which the operation of the Development was most recently eligible for such assistance,
and, at the time when they are burnt, biomass fuel feedstocks shall be taken to comply with the applicable mandatory sustainability criteria if, at that time, the Company has reason to believe that they comply with the applicable mandatory sustainability criteria;
“BS 4142:1997" means British Standard 4142:1997 - Method for rating industrial noise affecting mixed residential and industrial areas;
“BS 5228-1:2009” means British Standard 5228-1:2009 - Code of Practice for noise and vibration control on Construction and Open Sites: Noise;
“BS 5228-2:2009” means British Standard 5228-2:2009 - Code of Practice for noise and vibration control on Construction and Open Sites: Vibration;
"Bank Holiday" means a day that is, or is to be observed as, a Bank Holiday or a holiday under the Banking and Financial Dealings Act 1971;
“biomass fuel feedstocks ” means fuel, excluding material which is, or is derived directly or indirectly from animal matter, which qualifies as “biomass” under:
(i) Article 4 of the Renewables Obligation Order 2009 (S.I. 2009 No. 785); or
(ii) such provisions of a relevant assistance regime incorporating applicable mandatory sustainability criteria as define biomass for the purposes of that regime from time to time;
“bulk materials” means dry loose aggregates, cement and soil;
“CHPQA Standard issue 3” means the CHPQA Standard document issued in January 2009 which sets out the definitions, criteria and methodologies for the operation of the UK‟s CHP Quality Assurance (CHPQA) programme.
"the commencement of the Development" means the date on which the Development shall be taken to be initiated by the carrying out of material operations in accordance with section 56 of the Town and Country Planning Act 1990 (as amended);
"the commissioning of the Development" means the date on which, following completion of the testing of the Development, the Development first supplies electricity on a commercial basis;
"the Company" means Anglesey Aluminium Metal Renewables Limited and its assigns and successors;
“the Council” means the Isle of Anglesey County Council and its successors;
“the Countryside Council for Wales “ means the Countryside Council for Wales and its successors;
“creative conservation” means the establishment of areas which are capable of sustaining local indigenous species of flora and fauna as well as habitat such as those outlined in the North Wales – Anglesey Local Biodiversity Action Plan or its equivalent from the UK Biodiversity Action Plan;
"the Development" means the biomass fuelled electricity generating station proposed to be constructed on the Site at Penrhos Works, Holyhead, Anglesey with associated biomass unloading jetty and infrastructure;
"emergency" means circumstances in which there is reasonable cause for apprehending imminent injury to persons, serious damage to property or danger of serious pollution to the environment;
"Environment Agency" means the Environment Agency Wales and its successors;
"heavy commercial vehicle" has the meaning given by section 138 of the Road Traffic Regulation Act 1984;
“mandatory sustainability criteria” means criteria relating to the sustainability of biomass for energy use (other than biofuels and bioliquids) which are prescribed in a relevant assistance regime;
“operating weight” in relation to a goods vehicle has the meaning given by section 138 of the Road Traffic Regulation Act 1984;
"the main Development" means the construction work commencing with the placing of the first concrete for the main plant foundations of the Development; “National Grid” means any company which is part of National Grid plc‟s group within the meaning of the Companies Act 2006 and has responsibility for gas infrastructure assets on the Site and its successors; “Network Rail” means any company which is part of Network Rail Limited‟s group within the meaning of the Companies Act 2006 and has responsibility for rail infrastructure assets on the Site and its successors; "operating weight" in relation to a goods vehicle has the meaning given by section 138 of the Road Traffic Regulation Act 1984;
“interest land” means the land shown hatched red on attached Drawing Title AAM Landholding dated 29 January 2009;
“relevant assistance regime” means the provisions of any legislation or other legally binding arrangements established or approved by Government under or by virtue of which the generation of electricity from biomass fuel feedstocks on a commercial basis qualifies for financial assistance by reason of the burning of biomass fuel feedstocks which comply with prescribed sustainability criteria;
"the Site" means the area of land outlined red on Drawing No:63562/1.1/AAMR/01 annexed hereto;
“UK Highways A55 Ltd” means UK Highways A55 Ltd and its successors;
“Welsh Assembly Government” means Welsh Assembly Government and its successors; and
“Welsh Water” means any company which is part of Dŵr Cymru Cyfyngedig‟s group within the meaning of the Companies Act 2006 and has responsibility for water infrastructure assets on the Site and its successors.
The Site
(2) The construction of the Development shall only take place within the boundary of the Site.
Reason: To ensure that no construction takes place beyond the boundary of the area that is the subject of this planning permission.
Time Limits
(3) The commencement of the Development shall not be later than the expiry of five years from the date of this permission.
Reason: To reflect the time it may reasonably take to put in place the necessary pre- construction measures required, for example – tendering, obtaining the necessary financing and design of the proposal.
Wheel Washing
(4) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the Council a scheme for the provision of wheel cleansing facilities for heavy commercial vehicles and any mobile plant which has an operating weight exceeding three tonnes. Such approved facilities shall be installed in accordance with a timescale to be approved in writing by the Council and shall be maintained throughout the period of the construction of the Development unless any variation to the scheme has been approved in writing by the Council.
(5) All heavy commercial vehicles and any mobile plant which has an operating weight exceeding three tonnes associated with the construction of the Development leaving the Site, other than those vehicles exclusively using tarmacadam or concrete roads, shall on each occasion, prior to leaving, pass through the wheel cleansing facilities provided pursuant to Condition (4).
(6) Any mud or similar matter which may be carried onto the public highway by vehicles leaving the Site shall as soon as possible be swept or otherwise cleared away during the period of the construction of the Development.
(7) All heavy commercial vehicles carrying bulk materials into and out of the Site shall be sheeted.
Reason: To ensure that mud and deleterious material is not deposited on the public highway
Green Travel Plan
(8) The commencement of the Development shall not take place until a Green Travel Plan has been submitted to, approved in writing by and deposited with the Council. The Plan shall set out proposals to positively encourage visitors, staff and contractors to travel to and from the Site by alternative means of travel to single occupancy private car, set out a timetable for implementation and a programme and methodology for monitoring and review. The approved Plan shall be implemented in accordance with the timetable set out therein except in so far as any variation to it has been approved in writing by the Council.
Reason: To encourage travel to and from the Site my more sustainable means than single occupancy cars.
Temporary Buildings and Roads
(9) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with, the Council a scheme which shall include provisions for the:
(i) details of the siting, design and external appearance of temporary buildings and structures, artificial lighting and fencing to be erected and used during the period of construction of the Development;
(ii) details of temporary vehicular circulation roads, parking, hardstandings, laydown areas, loading and unloading facilities and turning facilities during the construction of the Development;
(iii) phasing of works included in the scheme.
The works covered by the scheme shall be carried out in accordance with the approved scheme unless any variation to the scheme has been agreed in writing with the Council.
Reason: To enable the Council to exercise reasonable and proper control over the temporary works associated with the Development.
Site Layout, Design and Fire Prevention
(10) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with, the Council a scheme which shall include provisions for the:
(i) details of the siting, design, external appearance, dimensions and floor levels of all new or modified buildings and structures which are to be retained following the commissioning of the Development;
(ii) details of the colour, materials and surface finishes in respect of those buildings and structures referred to in (i) above;
(iii) details of access to the Site from the A5 highway, vehicular circulation roads, parking, hardstandings, turning facilities and loading and unloading facilities on the Site;
(iv) details of fire suppression measures and access of fire extinguishing appliances to all major buildings, structures and storage areas;
(v) details of artificial lighting required during the operation of the Development;
(vi) details of all new or modified permanent fencing and gates required on the Site; and
(vii) phasing of works included in the scheme.
The works included in the approved scheme shall be carried out in accordance with the it unless any variation to the scheme has been agreed in writing with the Council.
(11) The use of columns for artificial lighting shall not exceed the obtrusive light limitations of sky glow, light into windows, source intensity and building luminance specified in the Institution of Lighting Engineers‟ document “Guidance Notes for the Reduction of Obtrusive Light: GN01 2005”, nor shall such light be arranged so that danger or inconvenience is caused to users of the nearby public highways.
The Development shall thereafter be carried out only in accordance with the approved scheme unless otherwise agreed in writing by the Council.
Reason: To enable the Council to exercise reasonable and proper control over the design and appearance of the Development and to ensure adequate fire prevention measures are in place.
Flood Risk
(12) The commencement of the Development shall not take place until a scheme to minimise the risk of damage from flooding has been submitted to, approved in writing by, and deposited with the Council, in consultation with the Environment Agency. The scheme shall include details of finished floor levels and details of the diversion of existing drainage ditches. The measures approved in the scheme shall be implemented in accordance with a timescale approved by the Council, in consultation with the Environment Agency and maintained for the duration of the operation of the Development, unless any variation to the scheme has been agreed in writing by the Council, in consultation with the Environment Agency.
Reason: To protect the Development, the local environment and personnel from flooding.
Construction Environmental Management Plan
(13) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the Council a Construction Environmental Management Plan. The Plan shall include details of how noise, dust and other airborne pollutants, vibration, smoke and odour from construction work will be controlled and mitigated. The construction of the Development shall be completed in accordance with the approved Plan unless any variation has been approved in writing by the Council.
(14) All on site activities associated with the construction of the Development shall be carried out in accordance with British Standards 5228-1:2009 and 5228-2:2009.
(15) No construction work associated with the Development shall take place on the Site at any time on any Sunday or Bank Holiday, or on any other day except between the following hours:
Monday to Friday 07.00 – 19.00
Saturday 07.00 – 13.00
unless such work -
(a) is associated with an emergency; or
(b) is carried out with the prior written approval of the Council; or
(c) does not cause existing ambient noise levels to be exceeded;
(16) No heavy commercial vehicles associated with the construction of the Development shall enter or leave the Site on any Sunday or Bank Holiday, or on any other day except between the following hours: Monday to Friday 07.00 – 18.00
Saturday 07.00 - 13.00
Unless such movement: (a) is associated with an emergency; or
(b) is carried out with the prior written approval of the Council.
(17) No impact piling shall take place on the Site on any Sunday or Bank Holiday or on any other day except between the following hours:
Monday to Friday 09.00 – 18.00
Saturday 09.00 – 13.00
Unless such work:
(a) is associated with an emergency; or
(b) is carried out with the prior written approval of the Council.
In any instance where a time limitation referred to in Conditions (15), (16) or (17) is exceeded because of an emergency the Company shall as soon as possible and in any case within 2 working days notify the Council and follow up the notification with a written statement detailing the nature of the emergency and the reason why the time limitation could not be observed.
Reason: To ensure reasonable and proper control is exercised over construction activities.
Construction Traffic Management Plan
(18) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the Council, in consultation with Welsh Assembly Government and UK Highways A55 Ltd, a Traffic Management Plan. The Plan shall include as a minimum:
(i) Results of an investigation assessing the utilisation of sea and/or rail to provide a practical, economical and environmentally advantageous (when compared and contrasted with road transportation) means of transportation of plant, equipment and materials associated with the construction of the Development and, in the event that the investigation identifies that sea or rail could be utilised to provide a practical, economical and environmentally advantageous (when compared and contrasted with road transportation) means of transportation, details of a scheme for the transportation by sea and/or rail of plant, equipment and materials.
(ii) Specification of any haul route(s) and of any temporary signage to be provided to identify the route and promote its safe use;
(iii) Identification of the routing strategy and procedures for the notification and conveyance of indivisible „out of gauge‟ loads. This includes any necessary measures for the temporary protection of carriageway surfaces; for the protection of statutory undertakers‟ plant and equipment; and for the temporary removal of street furniture;
(iv) Description of the arrangements to be made for on-site parking for personnel working on the Site and for visitors; and
(v) Proposals for communicating information relating to the above plan to the Council.
The construction of the Development shall be completed in accordance with the approved Plan except in so far as any variation to it has been approved in writing by the Council, in consultation with Welsh Assembly Government and UK Highways A55 Ltd.
Reason: To ensure reasonable and proper control is exercised for construction traffic and to ensure that more sustainable modes of transport are considered and, where appropriate, used.
Operational Delivery of Biomass Fuel Feedstocks and Disposal of Post-Combustion Residues by Road and Rail
(19) The commissioning of the Development shall not commence until there has been submitted to, approved in writing by, and deposited with the Council, in consultation with the Environment Agency, a scheme covering delivery to the Site by road and/or rail of biomass fuel feedstocks and removal of post-combustion residues (and monitoring and annual reporting of such delivery and removal transport movements). The approved scheme shall be reviewed (and, if amended as a result of such review, re-submitted for approval in writing by the Council) annually and shall be adhered to (in its most recently approved form) at all times except in an emergency.
(20) Post-combustion residues transported from the Site by road shall be in sealed vessels.
Reason: To ensure that any delivery of biomass fuel and/or disposal of post-combustion residues by road and/or rail is managed.
Operational Noise and Vibration (21) The commissioning of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the Council a plan for the monitoring of noise and vibration generated by the normal commercial operation of the Development. The plan shall specify:
(i) the method of noise measurement (which shall be in accordance with BS 4142 1997);
(ii) the locations from which noise and vibration will be monitored;
(iii) the maximum permissible levels of noise at each such monitoring location;
(iv) the procedure for dealing with any complaints received regarding noise and vibration; and
(v) the arrangements for making noise and vibration monitoring results available to the Council.
The plan shall make provision for such noise and vibration measurements to be taken by the Company following requests by the Council and such measurements shall be given to the Council as soon as they are available and at least within two working days. At the approved monitoring locations, noise and vibration levels during the operation of the Development shall not exceed the levels specified in the approved plan, unless any variation to it has been agreed or otherwise approved in writing by the Council or in an emergency.
(22) In any instance where a noise and vibration level approved pursuant to Condition (21) is exceeded because of an emergency the Company shall as soon as possible, and in any case within two working days, provide the Council with a written statement detailing the nature of the emergency and the reason why the noise and/or vibration level could not be observed. If the emergency period is expected to be for more than twenty-four hours then the Company shall inform those residents affected by the emergency of the reasons for the emergency and expected duration.
Reason: To ensure the proper control of noise during the operation of the Development.
Prevention of Contamination of Watercourses
(23) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the Council, in consultation with the Environment Agency, a scheme showing the method and working of drainage facilities, including sustainable drainage, on the Site. Such facilities shall be put in place in accordance with the approved scheme unless any variation to it has been agreed or otherwise approved in writing by the Council, in consultation with the Environment Agency.
(24) The scheme referred to in Condition (23) shall include:
(i) measures to ensure that no leachate or any contaminated surface water from the Site shall be allowed at any time to enter directly or indirectly into any watercourse or underground strata or onto adjoining land;
(ii) provision to ensure that all existing drainage systems continue to operate and that riparian owners upstream and downstream of the Site are not adversely affected;
(iii) provision for trapped gullies in car parks, hardstandings and roadways;
(iv) measures to ensure that all foul sewage must drain to an approved foul sewerage and/or sewage disposal system;
(v) provisions to distinguish between temporary and permanent parts of the works; and
(vi) phasing of works.
(25) Any surface water contaminated with hydrocarbons or silt arising during the construction of the Development shall be treated to remove contamination, in a manner approved by the Council, in consultation with the Environment Agency, prior to being discharged to any public sewer or watercourse.
(26) All facilities required for the storage of hydrocarbons, process chemicals or similar liquids which are used during the construction of the Development must be sited on impervious bases and surrounded by impervious bund walls appropriate to the liquids being stored. The size of the bunded compound(s) shall be at least equivalent to the capacity of the largest tank plus 10%. All filling points, vents and sight glasses must be located within the bund and there must be no drain through the bund floor or walls.
(27) In all bunded compound(s) referred to in Condition (26) in which acids, alkalis or sulphides are kept, in addition to their being contained in suitable facilities, appropriate protective lining shall be applied to the inner walls of the bunds.
(28) Any storage facility to which Conditions (26) or (27) refer shall be completed in accordance with the requirements of those Conditions before being brought into use.
Reason: To ensure proper drainage of the Site and that proper containment facilities are built.
Welsh Water Assets
(29) The commencement of the Development shall not take place until a method statement detailing measures for the protection of the existing water main crossing the Site and the public sewage system has been prepared in consultation with Welsh Water prior to being submitted to, approved in writing by, and deposited with the Council. The Development shall proceed in accordance with the terms of the approved method statement, subject to any variations that have been agreed in writing by the Council, after consultation with Welsh Water.
Reason: To ensure that the operation of the existing water main on the Site and public sewage system is not affected by the construction and operation of the Development.
Network Rail Assets
(30) The commencement of the Development shall not take place until a method statement detailing the measures to be put in place during the construction and operation of the Development to avoid interference with the operation of the rail network has been prepared in consultation with Network Rail prior to being submitted to, approved in writing by, and deposited with the Council. The Development shall proceed in accordance with the terms of the approved method statement, subject to any variations that have been agreed in writing by the Council, after consultation with Network Rail.
Reason: To ensure the operations of the existing rail mainline are not affected by the construction and operation of the Development.
National Grid Assets
(31) The commencement of the Development shall not take place until a method statement detailing the measures to be put in place during the construction and operation of the Development to avoid interference with the operation of the National Grid‟s assets has been prepared in consultation with National Grid prior to being submitted to, approved in writing by, and deposited with the Council. The Development shall proceed in accordance with the terms of the approved method statement, subject to any variations that have been agreed in writing by the Council, after consultation with National Grid.
Reason: To avoid interference with the operation of National Grid‟s assets on the Site.
Contaminated Land
(32) The commencement of the Development shall not take place until the Company has carried out an investigation to assess the degree of ground contamination of the Site and identify any resulting need for remedial measures and has submitted a written report of the investigation‟s findings to the Council and the Environment Agency. The investigation shall include testing for hydrocarbons and other contaminants, together with leachability testing. The survey shall include the leachability test results along with the locations at which they were sampled. Any groundwater encountered during the survey shall also be tested for contaminants, in order to assess the mobility of any contaminants encountered.
(33 ) The commencement of the Development shall not take place until a scheme for carrying out any necessary remedial measures and monitoring their effectiveness has been submitted to, approved in writing by, and deposited with the Council, in consultation with the Environment Agency.
(34) The scheme approved pursuant to Condition (33) shall be adhered to during the construction of the Development, except in so far as any variation to it has been approved in writing by the Council, in consultation with the Environment Agency.
(35) Should contaminated materials be found on any area of the Site which had been identified as being free of contaminants pursuant to Condition (32) then such area shall be subject to the remedial and monitoring scheme approved pursuant to Condition (33), extended as appropriate with the Council‟s written approval.
(36) Contaminated material arising from the construction of the Development shall be treated on the Site in accordance with a scheme to be submitted to, approved in writing by, and deposited with, the Council, in consultation with the Environment Agency, or shall be disposed of to licensed disposal facilities, subject to such variations to the approved scheme as have been approved in writing by the Council.
Reason: To ensure that contamination is controlled and waste found on the Site is disposed of properly.
Landscaping and Creative Conservation
(37) The commencement of the main Development shall not take place until a scheme of landscaping and creative conservation for the Site and interest land has been submitted to, approved in writing by, and deposited with the Council, in consultation with the Countryside Council for Wales and the Environment Agency. The Development shall proceed in accordance with the terms of the approved scheme, subject to any variations that have been agreed in writing by the Council.
(38) The scheme referred to in Condition (37) shall deal with the treatment of any environmentally sensitive areas as well as the general provision of screening, shrub and tree planting and grassed areas and means of integrating the Development with the surrounding landscape and shall include details of the following matters:
(i) earthworks including the proposed grading and mounding of land areas and the levels and contours to be formed and the relationship of proposed mounding to existing vegetation and surrounding landform;
(ii) planting;
(iii) management of existing and new planted areas including protection of existing planting during construction;
(iv) restoration of areas affected by construction works;
(v) details of grass seed mix for areas of the Site to be restored to grassland;
(vi) details of the height, type, size, provenance and species of the shrubs and trees to be planted;
(vii) details of the measures to be taken to create new flora and fauna habitats and of the management of such new habitats; and
(viii) phasing of works included in the scheme.
(39) The landscaping and planting, including grass sowing, shall take place in accordance with the phasing of works specified in Condition (38)(viii) and no later than the appropriate planting or sowing season following the completion of the construction of the Development and shall be carried out in accordance with the scheme approved under Condition (37). Any trees or shrubs, including hedges, which die, become seriously damaged or diseased or are removed within five years from the date of planting shall be replaced in the next planting season with others of a similar size and species, unless otherwise approved in writing by the Council.
(40) The commencement of the main Development shall not take place until the Council is satisfied that the Company has an enforceable right to carry out any landscaping mitigation works on interest land that are included in the scheme approved under Condition (37).
Reason: To ensure proper landscaping for the Development and creative conservation.
Protection of Flora and Fauna
(41) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with, the Council, in consultation with the Countryside Council for Wales and the Environment Agency, an ecological mitigation strategy based on the measures described in Section 14.9 of Anglesey Aluminium Renewable Energy Plant Environmental Statement (Volume 1) August 2009, detailing the measures to be taken to secure and enhance the welfare, on the Site, of flora and fauna (such as, but not limited to, badgers, otters, reptiles, nesting birds and water voles) which are found on, inhabit or use the Site during the construction, operation and decommissioning of the Development.
The Development shall thereafter be carried out only in accordance with the approved ecological mitigation strategy unless any variation has been agreed in writing by the Council in consultation with the Countryside Council for Wales and Environment Agency.
Reason: For the protection of flora and fauna and to promote creative conservation.
Invasive Species – Sea Squirt
(42) The commencement of the Development shall not take place until a strategy for the eradication and/or control of invasive sea squirt (Didemnum vexillum) at the biomass unloading jetty at Holyhead Harbour has been agreed with the Council, in consultation with the Countryside Council for Wales and Environment Agency.
The strategy shall be implemented unless any variation has been agreed in writing by the Council, in consultation with the Countryside Council for Wales and Environment Agency.
Reason: For the protection of the natural amenity of Holyhead Harbour.
Fuel Type and Sustainability
(43) With the exception of any other fuels used during boiler start up or stabilisation (excluding coal, which shall not be used in the operation of the Development), only biomass fuel feedstocks shall be burnt in its main boiler(s). From the first date on which the Development is subject to mandatory sustainability criteria as a condition of eligibility for financial assistance under a relevant assistance regime any biomass fuel feedstocks burnt in the main boilers(s) after that time must comply with the applicable mandatory sustainability criteria.
(44) Throughout the operational life of the Development, there shall be submitted to the Council an annual report on the sustainability of all biomass fuel feedstocks burnt in the main boiler(s) which provides the same information and level of assurance and verification which the operator of the Development is required (or would be required, if claiming financial assistance in respect of the electricity generated for such biomass fuel feedstocks) to provide in respect of the sustainability of biomass under any relevant assistance regime.
Reason: To ensure the scheme is fuelled only by sustainable biomass fuel feedstocks as proposed by the Company in its application for consent under s. 36 of the Electricity Act 1989.
Air Pollution Monitoring
(45) The commissioning of the Development shall not take place until there has been submitted to and approved in writing by, and deposited with the Council, in consultation with the Environment Agency, a scheme for the monitoring of air pollution in their area. The scheme shall include the measurement location or locations within the relevant area from which air pollution will be monitored, the equipment and methods to be used and the frequency of measurement. The scheme shall provide for the first measurement to be taken not less than 12 months prior to the Commissioning of the Development and for the final measurement to be taken not more than 24 months after commissioning of the Development. The Company shall implement the scheme in accordance with its terms, subject to any variation approved in writing by the Council, in consultation with the Environment Agency, and shall supply full details of the measurements obtained in accordance with the scheme to the Council as soon as possible after they become available.
(46) Should the Council require continued monitoring of air pollution the Company shall extend the Scheme pursuant to Condition (45) for a period of up to 36 months from the date of the last measurement taken pursuant to Condition (45) or such other period as may be agreed in writing by the Council. The Company shall supply full details of the measurements obtained to the Council as soon as possible after they become available.
Reason: To ensure the Council are kept informed on a regular and programmed basis about any changes in the level of air pollution at locations within its area.
Stack Lighting
(47) The Commissioning of the Development shall not take place until a scheme detailing the lighting of the flue stacks with a steady red light of 200 candelas visible at the highest most practicable point on the stacks, has been submitted to, approved in writing by, and deposited with the Council. The stacks shall be lit in accordance with the approved scheme prior to the Commissioning of the development and such lighting maintained thereafter.
Reason: In the interests of air safety.
Use of Waste Heat
(48) The Commissioning of the Development shall not take place until sufficient plant and pipework has been installed to facilitate the future supply of heat to the boundary of the Site under Condition (49) at a later date if opportunities to do so are identified pursuant to Condition (49).
(49) Prior to the Commissioning of the Development, an updated CHP Feasibility Review assessing potential commercial opportunities for the use of heat from the Development shall be submitted to, approved in writing by, and deposited with the Council. This shall provide for the ongoing monitoring and full exploration of potential commercial opportunities to use heat from the Development as part of a Good Quality CHP scheme (as defined in the CHPQA Standard issue 3, or any subsequent edition), and for the provision of subsequent reviews of such commercial opportunities as necessary. Where viable opportunities for the use of heat in such a scheme are identified, a scheme for the provision of the necessary plant and pipework to the boundary of the site shall be submitted to, approved in writing by, and deposited with the Council. Any plant and pipework installed to the boundary of the Site to enable the use of heat shall be installed in accordance with the agreed details.
Reason: To ensure that heat is available for use to the benefit of the local domestic, commercial and industrial users when the demand arises.
Cessation of works and restoration of the Site
(50) Within 12 months of the Site ceasing to be used for the purposes of electricity generation, a scheme for the demolition and removal of the Development from the Site shall be submitted to the Council, for approval in writing,
(51) The scheme referred to in Condition (50) shall include:
(i) details of all structures and buildings which are to be demolished;
(ii) details of the means of removal of materials resulting from the demolition and methods for the control of dust and noise;
(iii) the phasing of the demolition and removal;
(iv) details of the restoration works; and
(v) the phasing of the restoration works.
(52) The demolition and removal of the Development (which shall include all buildings, structures, plant, equipment, areas of hardstanding and access roads) and subsequent restoration of the Site shall thereafter be implemented in accordance with the approved scheme referred to in Condition (50), unless any variation has been agreed in writing by the Council.
Reason: To ensure the Site is not allowed to become derelict after the cessation of electricity generation.
Date: 16 September 2011 Giles Scott Head of Development Consents & Planning Reform, Department of Energy and Climate Change
Mr R Taylor Department of Energy & Climate Change Parsons Brinkerhoff Ltd 3 Whitehall Place, Amber Court London SW1A 2AW William Armstrong Drive Newcastle under Tyne NE4 7YQ
www.decc.gov.uk
Your ref: 63562 Our ref: 12.04.09.04/19C
16 September 2011
Dear Sir
ELECTRICITY ACT 1989 (“the Act”) TOWN AND COUNTRY PLANNING ACT 1990
APPLICATION FOR CONSENT TO CONSTRUCT AND OPERATE A BIOMASS FUELLED GENERATING STATION AT PENRHOS WORKS, HOLYHEAD, ANGLESEY
I. THE APPLICATION
1.1 I am directed by the Secretary of State for Energy and Climate Change (“the Secretary of State”) to refer to the application dated 28 August 2009 (“the application”) on behalf of Anglesey Aluminium Metal Renewables Limited (“the Company”) for both the consent of the Secretary of State under section 36 of the Act (“section 36 consent”) to construct and operate a 299 MW biomass fuelled generating station at Penrhos Works, Holyhead, within the administrative area of the Isle of Anglesey County Council (“the Development”), and a direction under section 90(2) of the Town and Country Planning Act 1990 (“section 90 direction”) that planning permission for the Development be deemed to be granted.
1.2 In accordance with the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 (“the EIA Regulations”) the Company also submitted on 28 August 2009 documents, entitled “Environmental Statement August 2009” (3 volumes) and separate “Environmental Statement Non Technical Summary August 2009” and “CHP Assessment August 2009”. A further document “Anglesey REP Response to Request for Further Information July 2010” was also submitted to the Secretary of State on 23 September 2010. The documents describe the Development and give an analysis of its
environmental effects. The documents are collectively hereafter referred to in this letter as the “Environmental Statement”. The Environmental Statement was advertised and placed in the public domain and an opportunity given to those who wished to comment on it to do so.
1.3 Isle of Anglesey County Council (“the relevant planning authority”) entered into discussions with the Company over the terms on which they would be content for the Development to proceed. As a result of these discussions, 52 conditions to be attached to any section 90 direction (“the Planning Conditions”) were agreed in principle between the Company and the relevant planning authority (and also other relevant consultees).
1.4 In view of the successful conclusion of these discussions the relevant planning authorities have not maintained any objection to the Application providing that the Planning Conditions are imposed should the Secretary of State be minded to grant section 36 consent and issue a section 90 direction in respect of the Development.
1.5 The Secretary of State notes that the Company has also given to the relevant planning authority an undertaking under section 106 of the Town and Country Planning Act 1990 dated 3 August 2011 (“section 106 Undertaking”), which will ensure:
consideration is given to locally based companies with the necessary skills, experience and qualifications on the relevant planning authority‟s tender lists when awarding contracts and subcontracts for the construction and operational phase of the Development and subsequent supply chain and also that, as part of any tender process, all tenders will be asked to contain a Local Procurement Statement setting out the policy of the tenderer in respect of developing local training and skills; and
the Jetty, which forms part of the application site, at the Port of Holyhead continues to be accessible to cruise ships and the operators serving those cruise ships whilst they are berthed.
II. SECRETARY OF STATE‟S CONSIDERATION OF THE PLANNING CONDITIONS
2.1 The Secretary of State has considered the Planning Conditions carefully. He agrees that they are suitable for inclusion in any section 90 direction which he may give.
III. SECRETARY OF STATE'S DECISION ON THE HOLDING OF A PUBLIC INQUIRY
3.1 As indicated in paragraph 1.4 above, the relevant planning authority has not maintained an objection to the Application. The Secretary of State is therefore not obliged to cause a public inquiry to be held.
3.2 Paragraph 3(2) of Schedule 8 to the Electricity Act 1989 also requires the Secretary of State to consider all objections that he has received pursuant to the Electricity (Applications for Consent) Regulations 1990 (made under paragraph 3(1) of Schedule 8), (“the Applications Regulations”), together with all other material considerations, in order to determine whether it would nevertheless be appropriate to hold a public inquiry. Around 500 objections and one letter of support were received by the Secretary of State. The Secretary of State has therefore given consideration to the representations received and Sections 3.3 and 3.4 below set out the Secretary of State‟s conclusions as to whether any or all of them raise considerations which in his view make it appropriate to hold a public inquiry.
3.3 The objections and representations, in summary and in no particular order, were concerns regarding:
a) the sustainability of the biomass fuel to be used in the Development and its impact on people, land, flora and fauna;
b) increased shipping caused by the transportation of biomass fuel by sea;
c) increase in local road traffic caused by the transportation of locally produced biomass;
d) the efficiency of the Development without a definite user of heat from the plant being identified;
e) the reliance of the biomass plant on Renewable Obligation Certificates (ROCs) to make it economically viable;
f) the risk of beetle-infested wood being imported for use in the Development;
g) air quality and impact on human health;
h) the impact of cooling water on marine life; and
i) the need for new pylons should Wylfa B nuclear power station also be constructed.
3.4 The Secretary of State has carefully considered the matters raised and comments on them as follows: a) The Government is well aware of the concerns which exist about the potential environmental impacts of widespread use of unsustainable biomass. It therefore wishes to ensure that only sustainable biomass is used in renewable energy generation. It has therefore introduced sustainability criteria for solid biomass and biogas under the Renewables Obligation (RO), and these are applied to imported as well as to domestic biomass. The criteria include a minimum greenhouse gas emissions saving of 60% relative to fossil fuel measured across a lifecycle that includes cultivation, processing and transport, together with restrictions on using biomass sourced from land important on carbon or biodiversity grounds. Generators of above 50kW capacity must provide to Ofgem a specified range of information on the biomass used including its mass or volume, country of origin, biomass type and form. Government intends that compliance with these criteria should become mandatory for generators of 1MW capacity and above from April 2013 in order to receive support under the Obligation1. The use of biomass from sustainable sources is also a requirement of Planning Conditions (43) and (44), which extend the application of sustainability criteria laid down in the RO or any successor financial support mechanism to the Development even during periods when RO or successor financial support is not being claimed.
More generally, in response to concerns about the availability to plants such as the Development of supplies of biomass (and non-energy purchasers of such material), DECC has commissioned research by AEA Technology and other specialists into the likely availability to UK customers of biomass from both UK and foreign sources in a range of scenarios, and taking price factors into account. Their model considers the potential production within each country, and assumes that this will be used to meet its domestic needs first and that the other wood-using industries will continue to be supplied. The results of this work were published in March 20112. They indicate that it should be possible for UK use of biomass for energy generating purposes to expand very significantly by both increasing our own indigenous supply and by importing biomass from abroad.
1 http://www.decc.gov.uk/assets/decc/Consultations/Renewables%20Obligation/1059-gov-response-ro- order-2011-cons.pdf
2 http://www.decc.gov.uk/assets/decc/what%20we%20do/uk%20energy%20supply/energy%20mix/renewa ble%20energy/policy/1464-aea-2010-uk-and-global-bioenergy-report.pdf.
b) The Secretary of State notes that the majority of biomass fuel used during the operation of the Development is expected to be imported and delivered to the site by sea, which is considered a low carbon form of transport. Planning Policy Wales Technical Advice Note 18: Transport3 also states that “Wherever possible, planning authorities should promote the carriage of freight by rail, water or pipeline rather than road where it forms a feasible alternative for part or all of the journey” and “Coastal shipping in conjunction with the major navigable waterways provides an environmentally friendly means of moving freight.” It is also noted from the Environmental Statement that each ship would deliver around 40,000 tonnes of biomass fuel to the Port of Holyhead, equating to around 60 deliveries a year. The imported biomass would then be transferred to the site from the jetty by an underground conveyor, thus avoiding the need for additional local road traffic deliveries from the jetty to the site. The Secretary of State considers it is inevitable that shipping movements would increase as a result of the Development, but no evidence has been provided to suggest that either shipping lanes or the Port of Holyhead would not be able to handle such an increase. Furthermore, the Secretary of State notes that no objections have been received from the statutory Harbour Authority and operator of the Port of Holyhead. As indicated above, the section 106 undertaking given by the Company to the relevant planning authority should also ensure the operation of the Development does not prevent the Port of Holyhead being used by cruise ships and operators serving ships whilst they are berthed.
The sustainability criteria introduced under the Renewables Obligation includes consideration of transport related emissions, such as shipping, when assessing the GHG lifecycle emissions of the biomass electricity generated, and its performance against the target. A report prepared for the Environment Agency4 showed biomass feedstocks imported through long-haul bulk shipping can still deliver large carbon savings provided that the emissions associated with any road transport, cultivation and processing are managed using good practice. For example the report estimated the GHG emissions saving for UK forestry residue chips at 97%, with Canadian sourced forestry residue chips still showing a significant 81% emissions saving. These percentage savings considered the lifecycle emissions associated with producing a MWh of potential energy in a particular biomass feedstock relative to the emissions associated with a MWh of potential energy in natural (fossil) gas.
3 http://wales.gov.uk/docs/desh/publications/070301tan18en.pdf
4 Environment Agency (2009) Minimising greenhouse gas emissions from biomass energy generation http://www.environment- agency.gov.uk/static/documents/Research/Minimising_greenhouse_gas_emissions_from_biomass_energy__generation .pdf
c) The Secretary of State notes that the Company anticipate that locally farmed energy crop biomass and other indigenous supplies may ultimately provide around 200,000 tonnes of biomass fuel per annum for consumption in the Development, depending on interest from local farms and landowners and the growth of the biomass supply chain within the UK. This would be delivered to the site by rail or road. Condition (19) requires the Company to submit and agree with the relevant planning authority, in consultation with the Environment Agency, prior to the commissioning of the Development, a scheme covering delivery to the Site by road and/or rail of biomass fuel feedstocks and removal of post-combustion residues (and monitoring and annual reporting of such deliveries). There is a requirement that the approved scheme is reviewed annually and adhered to at all times except in an emergency. The Secretary of State considers this will ensure that any delivery of biomass fuel and/or disposal of post-combustion residues by road and/or rail is properly managed and does not impact on local amenity.
d) Consideration of the use of the waste heat from the plant is at Paragraphs 7.1 and 7.2 of this decision letter.
e) Government believes that there is an urgent need for a diverse mix of new energy infrastructure in order to maintain energy security at the same time as dramatically reducing greenhouse gas emissions5. The UK is committed to sourcing 15% of our energy from renewable sources by 2020. There will be a need for substantial and timely private sector investment over the next two decades in power stations and other electric and gas infrastructure and sufficient incentives need to be offered so that market participants react in a timely way to minimise imbalances between supply and demand and to help meet our renewable energy targets. Biomass, as a significant source of renewable and low carbon energy, is likely to play an increasingly important role in meeting the UK‟s energy needs and can be used to generate „dispatchable‟ power, providing peak load and base load electricity on demand in contrast to many other forms of commercial scale renewable electricity generation. However generating electricity from renewable technologies is more costly than from long-established fossil fuelled technologies. The Renewables Obligation (RO) is currently the key mechanism for increasing new renewable generating capacity, allowing renewable technologies to compete in the market against more established, economic fuels in order to deliver against our long-term carbon reduction and security of supply goals. It aims to provide support in addition to the electricity price, such that it is economic to deploy enough capacity to help meet our legally binding targets.
5 Overarching National Policy Statement (EN-1) July 2011 http://www.decc.gov.uk/media/viewfile.ashx?filetype=4&filepath=11/meeting-energy-demand/consents- planning/nps2011/1938-overarching-nps-for-energy-en1.pdf&minwidth=true
f) The Secretary of State notes that the Plant Health (Forestry) Order 2005 (SI 2005 No. 2517) implements in Great Britain the requirements prescribed in Council Directive 2000/29/EC (“the Plant Health Directive”) regarding import controls for a wide range of wood products including those to be used for energy generation. This requires that all controlled imported wood meets the landing requirements specified in the plant health legislation in respect of the type of wood and its country of origin, which ensures that any quarantine pests and disease risks are addressed. The landing requirements include pre-export phytosanitary certification checks and treatments such as heat treatment.
g) The Environment Agency is responsible for considering and setting out the limits for emissions to the atmosphere when considering an application under the Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007 No. 3538) for an authorisation to operate a generating station (an “EPR application”). The Secretary of State notes the Environment Agency issued an Environmental Permit on 9 March 2011 covering the operation of the Development. He notes emission limits have been set and monitoring requirements put in place that should ensure there will be no impact on human health from the Development.
h) The Secretary of State understands that the impact of cooling water and surface water discharge were assessed by the Environment Agency as part of its determination of the Company‟s EPR application. The release of biocides has also been considered and limits have been set in the issued Permit. He notes that with the volume of water discharged and tidal mixing, the impact of water discharge was considered insignificant. The Secretary of State also notes that the Company is also required under the Permit, at least 3 months prior to the commissioning of the proposed Development, to submit a written report for approval by the Environment Agency of the design proposal for cooling water abstraction and discharge and the measures to prevent entrapment, entrainment and impingement of marine flora and fauna.
i) The Secretary of State notes that the proposed Development would utilise the existing dedicated smelter works substation and dual 132kV transmission connection to the National Grid at Wylfa. Wylfa has also been designated by Government, following a Strategic Site Assessment, as one of the eight sites in England and Wales potentially suitable for the deployment of new nuclear power stations before the end of 2025,6 but no application for development consent has yet been made in respect of it. However, should
6 National Policy Statement for Nuclear Power Generation (EN-6) July 2011 http://www.decc.gov.uk/assets/decc/11/meeting-energy-demand/consents-planning/nps2011/2009-nps- for-nuclear-volumeI.pdf
an application at Wylfa for development consent under the Planning Act 2008 come forward in due course, it would need to include an assessment of its environmental impact and be subject to scrutiny during the relevant statutory processes, which also provide for public consultation on development proposals. It would not be appropriate therefore for the Secretary of State to comment further on what any such future application might consist of or to predict its environmental impact.
Conclusion 3.5 The Secretary of State has carefully considered the views of the relevant planning authorities, consultees and others, the matters set out above and all other material considerations. He takes the view there is nothing further that needs probing and that it would not be appropriate to cause a public inquiry to be held into the Application.
IV. SECRETARY OF STATE'S CONSIDERATION OF THE ENVIRONMENTAL INFORMATION
4.1 The EIA Regulations prohibit the Secretary of State from granting section 36 consent unless he has first taken into consideration the environmental information, as defined in those Regulations.
4.2 The Secretary of State is satisfied that the Environmental Statement is sufficient to allow him to make a determination on the Application and that the Company has followed the applicable procedures in the EIA Regulations.
4.3 The Secretary of State has considered the environmental information carefully; in addition to the Environmental Statement, he has considered the comments made by the relevant planning authorities, those designated as statutory consultees under regulation 2 of the EIA Regulations and comments by others.
4.4 Taking into account the extent to which any environmental effects will be modified and mitigated by measures the Company has agreed to take or will be required to take either under the conditions attached to the section 36 consent or the Planning Conditions or by regulatory authorities including the Environment Agency, the Secretary of State believes that any remaining adverse environmental effects will not be such that it would be appropriate to refuse section 36 consent for the Development or the deemed planning permission.
V. SECRETARY OF STATE'S CONSIDERATION OF POSSIBLE EFFECTS ON A EUROPEAN SITE
5.1 The Conservation of Habitats and Species Regulations 2010 (“the Habitats Regulations”) require the Secretary of State to consider whether the proposed Development would be likely to have a significant effect on a European Site, as defined in the Habitats Regulations and if so, to undertake an Appropriate Assessment (“AA”) of the implications for the European Site in view of its conservation objectives. In the absence of imperative reasons of overriding public interest, consent may only be granted if it can be shown that the development will not have an adverse affect on the integrity of the European Site (regulations 61(5) and 62). Regulation 61(6) provides that when considering whether the proposed development will adversely affect the integrity of a European Site, the competent authority can take into account measures proposed to mitigate such impacts.
5.2 The Secretary of State notes that the Glannau Ynys Gybi/Holy Island Coast SPA; Ynys Feurig, Cemlyn Bay and The Skerries SPA; Glannau Ynys Gybi SAC; and Llyn Dinam SAC European Sites, (i.e. areas of special importance for flora and/or fauna) are within 10km of the application site. He is aware that the Environment Agency has already undertaken an Appropriate Assessment (AA) for the Environmental Permit application for the operation of the site, where in-combination effects with other permitted activities and prevailing environmental conditions (background, diffuse and non-regulated sources) were also assessed. On the advice of the Countryside Council for Wales (CCW), the AA focused on the Glannau Ynys Gybi SPA and SAC. The conclusion reached was that emissions (i.e. discharge to water of biocide and thermal plumes and air emissions from combustion) would have no adverse effect on the integrity of the European site.
5.2 5.3 The Secretary of State also notes that the proposed Development is located some 3km from the nearest European site, sufficiently distant, and with intervening development (the town of Holyhead), such that noise, vibration and lighting impacts from the construction of the development will also not impact on the European sites. Normal construction site mitigation will be provided by the planning conditions to protect the local human and natural environment, but even without these restrictions, and taking account of possible in-combination effects from other developments in the area, it is considered that the nature and location of the development are such that significant effects on the European sites are not likely and consequently an Appropriate Assessment is not required. He notes this was also the conclusion reached by CCW.
5.4 The Secretary of State is satisfied therefore that the construction of the Development is not likely to have a significant effect on a European Site and therefore finds no reason for refusing section 36 consent on the grounds of adverse effects on the integrity of a European Site.
VI. SECRETARY OF STATE‟S CONSIDERATION OF THE EFFECT ON AN AREA OF OUTSTANDING NATURAL BEAUTY
6.1 The Secretary of State notes that the proposed development site is located just within the Anglesey Area of Outstanding Beauty (AONB). He has therefore considered the effect of the development in line with Planning Policy Wales, which states:
“5.5.5 Statutory designation does not necessarily prohibit development, but proposals for development must be carefully assessed for their effect on those natural heritage interests which the designation is intended to protect.
5.5.6 In National Parks or AONBs, special considerations apply to major development proposals which are more national30 than local in character. Major developments should not take place in National Parks or AONBs except in exceptional circumstances. This may arise where, after rigorous examination, there is demonstrated to be an overriding public need and refusal would be severely detrimental to the local economy and there is no potential for locating the development elsewhere or meeting the need in some other way. Any construction and restoration must be carried out to high environmental standards. Consideration of applications for major developments should therefore include an assessment of: • the need for the development, in terms of national considerations, and the impact of permitting it or refusing it upon the local economy; • the cost of and scope for providing the development outside the designated area or meeting the need for it in some other way; • any detrimental effect on the environment and the landscape, and the extent to which that could be moderated. 30 ‘national’ in this context means the UK “
6.2 The national need for the Development is described in the national policy statements referred to in paragraph 8.1 vii below. The Secretary of State has been informed by the relevant planning authority that the Island‟s economy has declined in recent months and since October 2008 over 900 redundancies have taken place, amounting to the loss of about 5% of all employee jobs located on Anglesey. By far the largest single source of redundancy was at Anglesey Aluminium where employment fell from c.540 to about 80 when smelting
operations ceased in September 2009. In addition the island‟s economic dependency on a few large employers means that there over 100 local suppliers/contractors that will be directly affected.
6.3 The relevant planning authority has also indicated that to respond to these negative changes and capitalise upon future employment opportunities, it has facilitated the formulation and further development of the „Energy Island Framework‟, which it sees as offering the potential for Anglesey and North West Wales to alter the underperforming nature of the economy by becoming a world renowned centre of excellence for the production, demonstration and servicing of low carbon energy.
6.4 As indicated in paragraph 1.5 above, the Company has also entered into an agreement to ensure consideration is given to locally based companies with the necessary skills experience and qualifications on the relevant planning authority‟s tender lists when awarding contracts and subcontracts for the construction and operational phase of the Development and subsequent supply chain. As part of any tender process, all tenders will also be asked to contain a Local Procurement Statement setting out the policy of the tenderer in respect of developing local training and skills. The Secretary of State notes that the relevant planning authority considers the agreement is acceptable.
6.5 In view of the above, the Secretary of State is satisfied that the benefits to the local economy of consenting the Development outweigh its potential disbenefits.
6.6 Although the proposed Development site would be located in the Anglesey AONB, it would be located on land within the existing aluminium smelter works brownfield site, which started operation in 1971, and within the Penrhos Industrial Estate. The Secretary of State notes that the proposed site already has an existing electrical grid connection and other infrastructure, including established sea, rail and road links that is required for this type of power station development. In terms of the costs and scope of development there rather than elsewhere, it is also likely to be an advantage that of the proposed site that it is owned by the Company‟s parent company, Anglesey Aluminium Metal Limited. Whilst giving due weight to the importance of preserving the natural beauty of the landscape and having regard to the statutory duties which arise in connection with development proposals in an AONB, the Secretary of State understands there has been no suggestion during consultation on the proposed Development that a more appropriate alternative site for such a development exists elsewhere on Anglesey where it would have less of an impact on the AONB. In respect of the visual impact of the proposed Development, the Secretary of State accepts that the proposed chimney stack and boiler building
would introduce two new large structures into the existing landscape, which would be visible from within the AONB, but he notes that from certain viewpoints within the AONB the proposed new buildings and structures will be masked to a greater or lesser extent from certain viewpoints by the existing site‟s industrial buildings and structures, including a 121m high chimney stack, and that where they are visible, they will invariably been seen against a backdrop of which those exisiting buildings are a significant part. Whilst the Secretary of State considers that no combustion power station can ever be completely hidden from view, he has included conditions that require agreement with the relevant planning authority on the detailed design and layout and landscaping (Conditions 10 and 37-40) for the Development. The Secretary of State believes that the measures will help mitigate the visual impact of the Development and ensure it is generally in keeping with the existing landscape and acceptable in planning terms.
6.7 In conclusion, the Secretary of State considers that in addition to the national need case, refusal would be severely detrimental to the local economy and the benefits to the local economy of consenting the Development outweigh its potential disbenefits. He is also satisfied that the Planning Conditions will ensure that the proposed Development will be constructed to the highest practicable standards.
VII. SECRETARY OF STATE‟S CONSIDERATION OF COMBINED HEAT AND POWER
7.1 The Application is covered by the Departmental published guidance7 for all combustion power station proposals, requiring developers to demonstrate opportunities for combined heat and power (“CHP”) have been seriously explored before section 36 consent can be granted. The Secretary of State is satisfied that the Company has complied with those requirements.
7.2 The Secretary of State notes the Company has considered the potential for exporting heat to local users and understands that it is in discussion with an interested party and in any case, plans to incorporate suitable modification to the design of the plant to enable the export of heat if opportunities arise that are economically viable. In view of the Government‟s strong support for CHP and the use of heat, the Secretary of State does not wish to lose the opportunity to exploit potential heat demand which may arise in the future. To this effect he has decided to include a condition in the section 90 direction which requires the
7 Guidance on background information to accompany notifications under section 14(1) of the Energy Act 1976 and applications under section 36 of the Electricity Act 1989: December 2006 - http://www.decc.gov.uk/assets/decc/what%20we%20do/uk%20energy%20supply/development%20conse nts%20and%20planning%20reform/guidance/file35728.pdf
Company to carry out a further CHP Feasibility Review prior to commissioning of the development and for potential CHP opportunities to continue to be monitored. Where viable opportunities are identified, the Company is also required to agree a scheme with the relevant planning authority for the provision of the necessary plant and pipework to the boundary of the site and to install it in accordance with the agreed details. He has also decided to ensure that there are no barriers to exploitation of future CHP opportunities by including a condition which requires the Company to install, prior to commissioning of the Development, the necessary infrastructure to facilitate the future supply of waste heat should a demand for such heat arise.
VIII SECRETARY OF STATE'S DECISION ON THE APPLICATION
8.1 The Secretary of State considers the following issues material to the merits of the section 36 consent application: i) adequate environmental information has been provided for him to judge its impact; ii) the Company has identified what can be done to mitigate any potentially adverse impacts of the proposed Development; iii) the matters specified in paragraph 1(2) of Schedule 9 to the Electricity Act 1989 have been adequately addressed by means of the Environmental Statement and he has judged that the likely environmental impacts are acceptable; iv) the fact that legal procedures for considering a generating station application have been properly followed; v) the views of the relevant planning authority, the views of others under the Applications Regulations, the views of statutory consultees under the Habitats Regulations and the EIA Regulations, the environmental information and all other relevant matters have been considered; vii) that, to the extent that it is necessary or desirable to address any of the objections received to the application in his decision, none of them is such as to justify refusal of consent or a section 90 direction, given the section 106 Agreement, the imposition of the Planning Conditions and the matters referred to in the Secretary of State‟s responses to objections set out section 3.4 above; and viii) his policies on the need for and development of new electricity generating infrastructure, and specifically biomass generating stations, as set out in the Overarching National Policy Statement for Energy (EN-1) (in particular, sections 3.3 and 3.4) and the National Policy Statement for
Renewable Energy Infrastructure (EN-3) (in particular section 2.5), designated by him on 19th July 2011 under the Planning Act 2008 following their approval by Parliament and the reasons given for those policies in those national policy statements.
8.2 The Secretary of State, having regard to the matters specified in paragraph 8.1 above, has decided to grant consent for the Development pursuant to section 36 subject to: (i) a condition that the Development shall be in accordance with the particulars submitted with the Application, and (ii) a condition as to time within which the Development must commence.
8.3 The Secretary of State believes the Planning Conditions form a sufficient basis on which the Development might proceed, and therefore he has decided to issue a section 90(2) direction that planning permission be deemed to be granted subject to the Planning Conditions.
8.4 I accordingly enclose the Secretary of State's consent under section 36 of the Electricity Act 1989 and a direction under section 90(2) of the Town and Country Planning Act 1990.
IX. GENERAL GUIDANCE
9.1 The validity of the Secretary of State‟s decision may be challenged by making an application to the High Court for leave to seek a judicial review. Such application must be made as soon as possible and in any event not later than three months after the date of the decision. Parties seeking further information as to how to proceed should seek independent legal advice from a solicitor or legal adviser, or alternatively may contact the Administrative Court at the Royal Courts of Justice, Strand, London WC2 2LL (General Enquiries 020 7947 6025/6655).
9.2 This decision does not convey any approval or consent or waiver that may be required under any enactment, by-law, order or regulation other than section 36 and Schedule 8 of the Electricity Act 1989 and section 90 of the Town and Country Planning Act 1990.
Yours faithfully
Giles Scott Head of Development Consents & Planning Reform
VARIATION OF CONSENT UNDER SECTION 36C OF THE ELECTRICITY ACT 1989
CONSTRUCTION AND OPERATION OF A 299MW BIOMASS FUELLED ELECTRICITY GENERATING STATION AT PENRHOS WORKS, HOLYHEAD ANGLESEY
The Secretary of State in exercise of the powers conferred on him by section 36C of the Electricity Act 1989 hereby varies the consent granted for the biomass fuelled electricity generating station proposed to be constructed on the Site at Penrhos Works, Holyhead, Anglesey with associated biomass unloading jetty and infrastructure in accordance with the variations shown in italic text in the Annex.
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Our ref: 12.04.09/19C Annex – Variation of Section 36 Consent
CONSENT UNDER SECTION 36 OF THE ELECTRICITY ACT 1989
1. Pursuant to section 36 of the Electricity Act 1989 the Secretary of State for Energy and Climate Change (“the Secretary of State”) hereby consents to the construction by Anglesey Aluminium Metal Renewables Limited (“the Company”), on the area of land delineated by a solid red line on Drawing No. 63562/1.1/AAMR/01, annexed hereto and duly endorsed on behalf of the Secretary of State, of a biomass fuelled generating station at Penhros Works, Holyhead, Anglesey (“the Development”), and to the operation of that generating station.
2. Subject to paragraph 3(1), the Development shall be up to 299 MW capacity and comprise:
(a) one or two Circulating Fluidised Bed more boilers;
(b) one or more steam turbine generators;
(c) hybrid cooling towers;
(d) covered fuel storage area;
(e) ancillary plant and equipment; and
(f) the necessary buildings (including administration offices, workshops and stores) and civil engineering works.
3. This consent is granted subject to the following conditions:
(1) The Development shall be constructed and operated in accordance with the details contained in paragraph 2 of this consent and the application dated 28 August 2009, as varied by the application dated 26 November 2013, subject to any minor changes which may be approved by the Council pursuant to the provisions of deemed planning permission.
(2) The commencement of the Development shall not be later than five years from 16 September 2011 the date of this consent, or such longer period as the Secretary of State may hereafter direct in writing.
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DIRECTION UNDER SECTION 90(2ZA) OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO VARY THE CONDITIONS OF THE DEEMED PLANNING PERMISSION
CONSTRUCTION AND OPERATION OF A 299MW BIOMASS FUELLED ELECTRICITY GENERATING STATION AT PENRHOS WORKS, HOLYHEAD ANGLESEY
The Secretary of State in exercise of the powers conferred on him by section 90(2ZA)(b) of the Town and Country Planning Act 1990 hereby directs that the conditions subject to which the planning permission for the biomass fuelled electricity generating station proposed to be constructed on the Site at Penrhos Works, Holyhead, Anglesey with associated biomass unloading jetty and infrastructure was deemed to be granted be subject to the variations shown in in italic text in the Annex.
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Annex – Variation of Conditions to Section 90 Direction
DIRECTION TO DEEM PLANNING PERMISSION TO BE GRANTED UNDER SECTION 90 OF THE TOWN AND COUNTRY PLANNING ACT 1990
CONSTRUCTION AND OPERATION OF A 299MW BIOMASS FUELLED ELECTRICITY GENERATING STATION AT PENRHOS WORKS, HOLYHEAD ANGLESEY
4. The Secretary of State in exercise of the powers conferred on him by section 90(2) of the Town and Country Planning Act 1990 hereby directs that planning permission for the Development be deemed to be granted subject to the following conditions:
Definitions (1) In these Conditions unless the context otherwise requires-
“applicable mandatory sustainability criteria” means:
(i) the mandatory sustainability criteria which the Development must comply with from time to time as a condition of eligibility for financial assistance under a relevant assistance regime; or (ii) if financial assistance has been granted under a relevant assistance regime in respect of the Development for a limited period of time and that period has elapsed so that the Development is no longer eligible for financial assistance under any relevant assistance regime, those criteria by compliance with which the operation of the Development was most recently eligible for such assistance,
and, at the time when they are burnt, biomass fuel feedstocks shall be taken to comply with the applicable mandatory sustainability criteria if, at that time, the Company has reason to believe that they comply with the applicable mandatory sustainability criteria;
“BS 4142:1997" means British Standard 4142:1997 - Method for rating industrial noise affecting mixed residential and industrial areas;
“BS 5228-1:2009” means British Standard 5228-1:2009 - Code of Practice for noise and vibration control on Construction and Open Sites: Noise;
“BS 5228-2:2009” means British Standard 5228-2:2009 - Code of Practice for noise and vibration control on Construction and Open Sites: Vibration;
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"Bank Holiday" means a day that is, or is to be observed as, a Bank Holiday or a holiday under the Banking and Financial Dealings Act 1971;
“biomass fuel feedstocks ” means fuel, excluding material which is, or is derived directly or indirectly from animal matter, which qualifies as “biomass” under:
(i) Article 4 of the Renewables Obligation Order 2009 (S.I. 2009 No. 785); or
(ii) such provisions of a relevant assistance regime incorporating applicable mandatory sustainability criteria as define biomass for the purposes of that regime from time to time;
“bulk materials” means dry loose aggregates, cement and soil;
“CHPQA Standard issue 3” means the CHPQA Standard document issued in January 2009 which sets out the definitions, criteria and methodologies for the operation of the UK’s CHP Quality Assurance (CHPQA) programme.
"the commencement of the Development" means the date on which the Development shall be taken to be initiated by the carrying out of material operations in accordance with section 56 of the Town and Country Planning Act 1990 (as amended);
"the commissioning of the Development" means the date on which, following completion of the testing of the Development, the Development first supplies electricity on a commercial basis;
"the Company" means Anglesey Aluminium Metal Renewables Limited and its assigns and successors;
“the Council” means the Isle of Anglesey County Council and its successors;
“the Countryside Council for Wales” means the Countryside Council for Wales and its successors;
“creative conservation” means the establishment of areas which are capable of sustaining local indigenous species of flora and fauna as well as habitat such as those outlined in the North Wales – Anglesey Local Biodiversity Action Plan or its equivalent from the UK Biodiversity Action Plan;
"the Development" means the biomass fuelled electricity generating station proposed to be constructed on the Site at Penrhos Works, Holyhead, Anglesey with associated biomass unloading jetty and infrastructure;
"emergency" means circumstances in which there is reasonable cause for apprehending imminent injury to persons, serious damage to property or danger of serious pollution to the environment;
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“Environment Agency” means the Environment Agency Wales and its successors;
"heavy commercial vehicle" has the meaning given by section 138 of the Road Traffic Regulation Act 1984;
“mandatory sustainability criteria” means criteria relating to the sustainability of biomass for energy use (other than biofuels and bioliquids) which are prescribed in a relevant assistance regime;
“Natural Resources Wales” means the Natural Resources Body for Wales and its successors;
“National Grid” means any company which is part of National Grid plc’s group within the meaning of the Companies Act 2006 and has responsibility for gas infrastructure assets on the Site and its successors; “Network Rail” means any company which is part of Network Rail Limited’s group within the meaning of the Companies Act 2006 and has responsibility for rail infrastructure assets on the Site and its successors; "operating weight" in relation to a goods vehicle has the meaning given by section 138 of the Road Traffic Regulation Act 1984;
“interest land” means the land shown hatched red on attached Drawing Title AAM Landholding dated 29 January 2009;
“relevant assistance regime” means the provisions of any legislation or other legally binding arrangements established or approved by Government under or by virtue of which the generation of electricity from biomass fuel feedstocks on a commercial basis qualifies for financial assistance by reason of the burning of biomass fuel feedstocks which comply with prescribed sustainability criteria;
"the Site" means the area of land outlined red on Drawing No:63562/1.1/AAMR/01 annexed hereto;
“UK Highways A55 Ltd” means UK Highways A55 Ltd and its successors;
“Welsh Assembly Government” means Welsh Assembly Government and its successors; and
“Welsh Water” means any company which is part of Dŵr Cymru Cyfyngedig’s group within the meaning of the Companies Act 2006 and has responsibility for water infrastructure assets on the Site and its successors.
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The Site
(2) The construction of the Development shall only take place within the boundary of the Site.
Reason: To ensure that no construction takes place beyond the boundary of the area that is the subject of this planning permission.
Time Limits
(3) The commencement of the Development shall not be later than the expiry of five years from the date of this permission 16 September 2011.
Reason: To reflect the time it may reasonably take to put in place the necessary pre- construction measures required, for example – tendering, obtaining the necessary financing and design of the proposal.
Wheel Washing and Road Cleansing
(4) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the Council, in consultation with Natural Resources Wales, a scheme for the provision of wheel cleansing facilities for heavy commercial vehicles and any mobile plant which has an operating weight exceeding three tonnes. Such approved facilities shall be installed in accordance with a timescale to be approved in writing by the Council and shall be maintained throughout the period of the construction of the Development unless any variation to the scheme has been approved in writing by the Council, in consultation with Natural Resources Wales.
(5) All heavy commercial vehicles and any mobile plant which has an operating weight exceeding three tonnes associated with the construction of the Development leaving the Site, other than those vehicles exclusively using tarmacadam or concrete roads within the Site, shall on each occasion, prior to leaving, pass through the wheel cleansing facilities provided pursuant to Condition (4).
(6) Any mud or similar matter which may be carried onto the public highway by vehicles leaving the Site shall as soon as possible be swept or otherwise cleared away during the construction of the Development in accordance with a road cleansing scheme to be submitted to, approved in writing by, and deposited with the Council. The scheme shall include details of the frequency of monitoring of the condition of the public 7
highway within an agreed distance of the Site and a timescale for the removal of any mud or similar matter from it. The road cleansing works shall be carried out in accordance with the approved scheme unless any variation has been approved in writing by the Council.
(7) All heavy commercial vehicles carrying bulk materials into and out of the Site shall be sheeted.
Reason: To ensure that mud and deleterious material is not deposited on the public highway and that any mud and/or deleterious material is treated.
Green Travel Plan
(8) The commencement of the Development shall not take place until a Green Travel Plan has been submitted to, approved in writing by and deposited with the Council. The Plan shall set out proposals to positively encourage visitors, staff and contractors to travel to and from the Site by alternative means of travel to single occupancy private car, set out a timetable for implementation and a programme and methodology for monitoring and review. The approved Plan shall be implemented in accordance with the timetable set out therein except in so far as any variation to it has been approved in writing by the Council.
Reason: To encourage travel to and from the Site by more sustainable means than single occupancy cars.
Temporary Buildings and Roads
(9) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with, the Council a scheme which shall include provisions for the:
(i) details of the siting, design and external appearance of temporary buildings and structures, artificial lighting and fencing to be erected and used during the period of construction of the Development;
(ii) details of temporary vehicular circulation roads, parking, hardstandings, laydown areas, loading and unloading facilities and turning facilities during the construction of the Development;
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(iii) details of the restoration of the locations of such temporary works at the completion of the Development;
(iiiv) phasing of works included in the scheme.
The temporary works covered by the scheme shall be carried out in accordance with the approved scheme unless any variation to the scheme has been agreed in writing with the Council.
Reason: To enable the Council to exercise reasonable and proper control over the temporary works associated with the Development.
Site Layout and Design and Fire Prevention
(10) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with, the Council a scheme which shall include provisions for the:
(i) details of the siting, design, external appearance, dimensions and floor levels of all new or modified buildings and structures which are to be retained following the commissioning of the Development;
(ii) details of the colour, materials and surface finishes in respect of those buildings and structures referred to in (i) above;
(iii) details of access to the Site from the A5 highway, vehicular circulation roads, parking, hardstandings, turning facilities and loading and unloading facilities on the Site;
(iv) details of fire suppression measures and access of fire extinguishing appliances to all major buildings, structures and storage areas;
(v) details of artificial lighting required during the operation of the Development;
(ivi) details of all new or modified permanent fencing and gates required on the Site; and
(vii) phasing of works included in the scheme.
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The works covered by the scheme shall be carried out in accordance with the approved scheme, unless any variation to the scheme has been agreed in writing with the Council.
(11) The use of columns for artificial lighting shall not exceed the obtrusive light limitations of sky glow, light into windows, source intensity and building luminance specified in the Institution of Lighting Engineers’ document “Guidance Notes for the Reduction of Obtrusive Light: GN01 2005”, nor shall such light be arranged so that danger or inconvenience is caused to users of the nearby public highways.
The Development shall thereafter be carried out only in accordance with the approved scheme unless otherwise agreed in writing by the Council.
Reason: To enable the Council to exercise reasonable and proper control over the design and appearance of the Development and to ensure adequate fire prevention measures are in place.
Fire Prevention
(10A) The commissioning of the Development shall not commence until there has been submitted to, approved in writing by and deposited with the Council details of fire suppression measures and access of fire extinguishing appliances to all major buildings, structures and storage areas.
The Development shall thereafter be carried out in accordance with the approved scheme unless any variation has been approved in writing by the Council.
Reason: To ensure adequate fire prevention measures are in place for the Development.
Artificial Lighting
(10B) The commissioning of the Development shall not commence until there has been submitted to, approved in writing by and deposited with the Council a scheme detailing the artificial lighting required during the operation of the Development.
(11) The use of columns for artificial lighting pursuant to Condition (10B) shall not exceed the obtrusive light limitations of sky glow, light into windows, source intensity and building luminance specified in the Institution of Lighting Engineers’ document “Guidance Notes for the Reduction of Obtrusive Light: GN01 2005”, nor shall such light be
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arranged so that danger or inconvenience is caused to users of the nearby public highways.
The Development shall thereafter be carried out in accordance with the approved scheme unless otherwise agreed in writing by the Council.
Reason: To enable the Council to exercise reasonable and proper control over the design artificial lighting of the Development.
Flood Risk
(12) The commencement of the Development shall not take place until a scheme to minimise the risk of damage from flooding has been submitted to, approved in writing by, and deposited with the Council, in consultation with the Environment Agency Natural Resources Wales. The scheme shall include details of finished floor levels and details of the diversion of existing drainage ditches.
The measures approved in the scheme shall be implemented in accordance with a timescale approved by the Council, in consultation with the Environment Agency Natural Resources Wales and maintained for the duration of the operation of the Development, unless any variation to the scheme has been agreed in writing by the Council, in consultation with the Environment Agency Natural Resources Wales.
Reason: To protect the Development, the local environment and personnel from flooding.
Construction Environmental Management Plan
(13) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the Council a Construction Environmental Management Plan. The Plan shall include details of how noise, dust and other airborne pollutants, vibration, smoke and odour from construction work will be controlled and mitigated. The plan shall also include details of how waste will be managed during construction works. The construction of the Development shall be completed in accordance with the approved Plan unless any variation has been approved in writing by the Council.
(14) All on site activities associated with the construction of the Development shall be carried out in accordance with British Standards 5228-1:2009 and 5228-2:2009.
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(15) No construction work associated with the Development shall take place on the Site at any time on any Sunday or Bank Holiday, or on any other day except between the following hours:
Monday to Friday 07.00 – 19.00
Saturday 07.00 – 13.00
unless such work -
(a) is associated with an emergency; or
(b) is carried out with the prior written approval of the Council; or
(c) does not cause existing ambient noise levels to be exceeded;
(16) No heavy commercial vehicles associated with the construction of the Development shall enter or leave the Site on any Sunday or Bank Holiday, or on any other day except between the following hours: Monday to Friday 07.00 – 18.00
Saturday 07.00 - 13.00
Unless such movement:
(a) is associated with an emergency; or
(b) is carried out with the prior written approval of the Council.
(17) No impact piling shall take place on the Site on any Sunday or Bank Holiday or on any other day except between the following hours:
Monday to Friday 09.00 – 18.00
Saturday 09.00 – 13.00
Unless such work:
(a) is associated with an emergency; or
(b) is carried out with the prior written approval of the Council.
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(17A) In any instance where a time limitation referred to in Conditions (15), (16) or (17) is exceeded because of an emergency the Company shall as soon as possible and in any case within 2 working days notify the Council and follow up the notification with a written statement detailing the nature of the emergency and the reason why the time limitation could not be observed.
(17B) Where the words “with the prior written approval of the Council” appear in Conditions (15), (16) and (17), such approval may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the Council that the subject matter of the approval is unlikely to give rise to any materially new or materially different effects from construction activities taking place on the days and hours set out in those clauses.
Reason: To ensure reasonable and proper control is exercised over construction activities.
Construction Traffic Management Plan
(18) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the Council, in consultation with Welsh Government and UK Highways A55 Ltd, a Traffic Management Plan. The Plan shall include as a minimum:
(i) Results of an investigation assessing the utilisation of sea and/or rail to provide a practical, economical and environmentally advantageous (when compared and contrasted with road transportation) means of transportation of plant, equipment and materials associated with the construction of the Development and, in the event that the investigation identifies that sea or rail could be utilised to provide a practical, economical and environmentally advantageous (when compared and contrasted with road transportation) means of transportation, details of a scheme for the transportation by sea and/or rail of plant, equipment and materials.
(ii) Specification of any haul route(s) and of any temporary signage to be provided to identify the route and promote its safe use;
(iii) Identification of the routing strategy and procedures for the notification and conveyance of indivisible ‘out of gauge’
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loads. This includes any necessary measures for the temporary protection of carriageway surfaces; for the protection of statutory undertakers’ plant and equipment; and for the temporary removal of street furniture;
(iv) Description of the arrangements to be made for on-site parking for personnel working on the Site and for visitors; and
(v) Proposals for communicating information relating to the above plan to the Council.
The construction of the Development shall be completed in accordance with the approved Plan except in so far as any variation to it has been approved in writing by the Council, in consultation with Welsh Government and UK Highways A55 Ltd.
Reason: To ensure reasonable and proper control is exercised for construction traffic and to ensure that more sustainable modes of transport are considered and, where appropriate, used.
Operational Delivery of Biomass Fuel Feedstocks and Disposal of Post-Combustion Residues by Road and Rail
(19) The commissioning of the Development shall not commence until there has been submitted to, approved in writing by, and deposited with the Council, in consultation with the Environment Agency Natural Resources Wales, a scheme covering delivery to the Site by road and/or rail of biomass fuel feedstocks and removal of post- combustion residues (and monitoring and annual reporting of such delivery and removal transport movements). The approved scheme shall be reviewed (and, if amended as a result of such review, re- submitted for approval in writing by the Council) annually and shall be adhered to (in its most recently approved form) at all times except in an emergency.
(20) Post-combustion residues transported from the Site by road shall be in sealed vessels.
Reason: To ensure that any delivery of biomass fuel and/or disposal of post-combustion residues by road and/or rail is managed.
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Operational Noise and Vibration (21) The commissioning of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the Council a plan for the monitoring of noise and vibration generated by the normal commercial operation of the Development. The plan shall specify:
(i) the method of noise measurement (which shall be in accordance with BS 4142 1997);
(ii) the locations from which noise and vibration will be monitored;
(iii) the maximum permissible levels of noise at each such monitoring location;
(iv) the procedure for dealing with any complaints received regarding noise and vibration; and
(v) the arrangements for making noise and vibration monitoring results available to the Council.
The plan shall make provision for such noise and vibration measurements to be taken by the Company following requests by the Council and such measurements shall be given to the Council as soon as they are available and at least within two working days. At the approved monitoring locations, noise and vibration levels during the operation of the Development shall not exceed the levels specified in the approved plan, unless any variation to it has been agreed or otherwise approved in writing by the Council or in an emergency.
(22) In any instance where a noise and vibration level approved pursuant to Condition (21) is exceeded because of an emergency the Company shall as soon as possible, and in any case within two working days, provide the Council with a written statement detailing the nature of the emergency and the reason why the noise and/or vibration level could not be observed. If the emergency period is expected to be for more than twenty-four hours then the Company shall inform those residents affected by the emergency of the reasons for the emergency and expected duration.
Reason: To ensure the proper control of noise during the operation of the Development.
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Prevention of Contamination of Watercourses
(23) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the Council, in consultation with the Environment Agency Natural Resources Wales, a scheme showing the method and working of drainage facilities, including sustainable drainage, on the Site. Such facilities shall be put in place in accordance with the approved scheme unless any variation to it has been agreed or otherwise approved in writing by the Council, in consultation with the Environment Agency Natural Resources Wales.
(24) The scheme referred to in Condition (23) shall include:
(i) measures to ensure that no leachate or any contaminated surface water from the Site shall be allowed at any time to enter directly or indirectly into any watercourse or underground strata or onto adjoining land;
(ii) provision to ensure that all existing drainage systems continue to operate and that riparian owners upstream and downstream of the Site are not adversely affected;
(iii) provision for trapped gullies in car parks, hardstandings and roadways;
(iv) measures to ensure that all foul sewage must drain to an approved foul sewerage and/or sewage disposal system;
(v) provisions to distinguish between temporary and permanent parts of the works; and
(vi) phasing of works.
(25) Any surface water contaminated with hydrocarbons or silt arising during the construction of the Development shall be treated to remove contamination, in a manner approved by the Council, in consultation with the Environment Agency Natural Resources Wales, prior to being discharged to any public sewer or watercourse.
(26) All facilities required for the storage of hydrocarbons, process chemicals or similar liquids which are used during the construction of
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the Development must be sited on impervious bases and surrounded by impervious bund walls appropriate to the liquids being stored. The size of the bunded compound(s) shall be at least equivalent to the capacity of the largest tank plus 10%. All filling points, vents and sight glasses must be located within the bund and there must be no drain through the bund floor or walls.
(27) In all bunded compound(s) referred to in Condition (26) in which acids, alkalis or sulphides are kept, in addition to their being contained in suitable facilities, appropriate protective lining shall be applied to the inner walls of the bunds.
(28) Any storage facility to which Conditions (26) or (27) refer shall be completed in accordance with the requirements of those Conditions before being brought into use.
Reason: To ensure proper drainage of the Site and that proper containment facilities are built.
Welsh Water Assets
(29) The commencement of the Development shall not take place until a method statement detailing measures, including a timetable of works, for the protection of the existing water main crossing the Site and the public sewage system has been prepared in consultation with Welsh Water prior to being submitted to, approved in writing by, and deposited with the Council. The Development shall proceed in accordance with the terms of the approved method statement, subject to any variations that have been agreed in writing by the Council, after consultation with Welsh Water.
Reason: To ensure that the operation of the existing water main on the Site and public sewage system is not affected by the construction and operation of the Development.
Network Rail Assets
(30) The commencement of the Development shall not take place until a method statement detailing the measures, including a timetable of works, to be put in place during the construction and operation of the
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Development to avoid interference with the operation of the rail network has been prepared in consultation with Network Rail prior to being submitted to, approved in writing by, and deposited with the Council. The Development shall proceed in accordance with the terms of the approved method statement, subject to any variations that have been agreed in writing by the Council, after consultation with Network Rail.
Reason: To ensure the operations of the existing rail mainline are not affected by the construction and operation of the Development.
National Grid Assets
(31) The commencement of the Development shall not take place until a method statement detailing the measures to be put in place, including a timetable of works, during the construction and operation of the Development to avoid interference with the operation of the National Grid’s assets has been prepared in consultation with National Grid prior to being submitted to, approved in writing by, and deposited with the Council. The Development shall proceed in accordance with the terms of the approved method statement, subject to any variations that have been agreed in writing by the Council, after consultation with National Grid.
Reason: To avoid interference with the operation of National Grid’s assets on the Site.
Contaminated Land
(32) The commencement of the Development shall not take place until the Company has carried out an investigation to assess the degree of ground contamination of the Site and identify any resulting need for remedial measures and has submitted a written report of the investigation’s findings to the Council and the Environment Agency. The investigation shall include testing for hydrocarbons and other contaminants, together with leachability testing. The survey shall include the leachability test results along with the locations at which they were sampled. Any groundwater encountered during the survey shall also be tested for contaminants, in order to assess the mobility of any contaminants encountered.
(33 ) The commencement of the Development shall not take place until a scheme for carrying out any necessary remedial measures and 18
monitoring their effectiveness has been submitted to, approved in writing by, and deposited with the Council, in consultation with the Environment Agency.
(34) The scheme approved pursuant to Condition (33) shall be adhered to during the construction of the Development, except in so far as any variation to it has been approved in writing by the Council, in consultation with the Environment Agency.
(35) Should contaminated materials be found on any area of the Site which had been identified as being free of contaminants pursuant to Condition (32) then such area shall be subject to the remedial and monitoring scheme approved pursuant to Condition (33), extended as appropriate with the Council’s written approval.
(36) Contaminated material arising from the construction of the Development shall be treated on the Site in accordance with a scheme to be submitted to, approved in writing by, and deposited with, the Council, in consultation with the Environment Agency, or shall be disposed of to licensed disposal facilities, subject to such variations to the approved scheme as have been approved in writing by the Council.
(32) The commencement of the Development shall not take place until a scheme to deal with the risks associated with contamination at the Site has been submitted to, approved in writing by, and deposited with the Council. The scheme shall include details of the following matters:
(a) a preliminary risk assessment identifying:
all previous uses potential contaminants associated with those uses a conceptual model of the Site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the Site;
(b) a Site investigation scheme based on (a) to provide information for an assessment of the risk arising from the potential linkages to all receptors that may be affected, including those off-Site; and
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(c) the results of the Site investigation and risk assessment pursuant to (b) and a method statement which shall include an appraisal of remedial options and justification for the preferred remedial options, how they are to be undertaken and how successful completion of the remediation will be verified.
(33) The remediation measures approved pursuant to Condition (32) shall be adhered to during the construction of the Development, unless any variation to the scheme has been approved in writing by the Council, in consultation with Natural Resources Wales.
(34) If, during construction of the Development, contamination not previously identified is found to be present at the Site then, unless otherwise agreed in writing with the Council, no further work shall be carried out until an amendment to the method statement approved pursuant to Condition (32) detailing how this unsuspected contamination shall be dealt with has been submitted to, approved in writing by, and deposited with, the Council, in consultation with Natural Resources Wales. The measures approved pursuant to this Condition (34) shall be adhered to during the construction of the Development, unless any variation has been approved in writing by the Council, in consultation with Natural Resources Wales.
(35) Contaminated material arising from the construction of the Development shall be dealt with in accordance with a scheme to be submitted to, approved in writing by, and deposited with the Council, following consultation with Natural Resources Wales.
(36) Prior to the commissioning of the Development— (a) a report shall be submitted to the Council verifying that the agreed remediation measures have been undertaken in accordance with the method statement required by Condition 32(c); and (b) a scheme shall be submitted to, approved in writing by and deposited with the Council, following consultation with Natural Resources Wales, setting out measures for maintenance, further monitoring and reporting.
Reason: To ensure that any contamination at the site is identified and where appropriate remediated to the required standard and also so that any contaminated material found on the Site is treated and/or disposed of appropriately in order to minimise any adverse impacts on the local environment.
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Landscaping and Creative Conservation
(37) The commencement of the Development shall not take place until a scheme of landscaping and creative conservation for the Site and interest land has been submitted to, approved in writing by, and deposited with the Council, in consultation with the Countryside Council for Wales Natural Resources Wales. The Development shall proceed in accordance with the terms of the approved scheme, subject to any variations that have been agreed in writing by the Council.
(38) The scheme referred to in Condition (37) shall deal with the treatment of any environmentally sensitive areas as well as the general provision of screening, shrub and tree planting and grassed areas and means of integrating the Development with the surrounding landscape and shall include details of the following matters:
(i) earthworks including the proposed grading and mounding of land areas and the levels and contours to be formed and the relationship of proposed mounding to existing vegetation and surrounding landform;
(ii) planting;
(iii) management of existing and new planted areas including protection of existing planting during construction;
(iv) restoration of areas affected by construction works;
(v) details of grass seed mix for areas of the Site to be restored to grassland;
(vi) details of the height, type, size, provenance and species of the shrubs and trees to be planted;
(vii) details of the measures to be taken to create new flora and fauna habitats and of the management of such new habitats; and
(viii) phasing of works included in the scheme.
(39) The landscaping and planting, including grass sowing, shall take place in accordance with the phasing of works specified in Condition (38)(viii) and no later than the appropriate planting or sowing season following the completion of the construction of the Development and shall be carried out in accordance with the scheme approved under 21
Condition (37). Any trees or shrubs, including hedges, which die, become seriously damaged or diseased or are removed within ten years from the date of planting shall be replaced in the next planting season with others of a similar size and species, unless otherwise approved in writing by the Council.
(40) The commencement of the main Development shall not take place until the Council is satisfied that the Company has an enforceable right to carry out any landscaping mitigation works on interest land that are included in the scheme approved under Condition (37).
Reason: To ensure proper landscaping for the Development and creative conservation.
Protection of Flora and Fauna
(41) The commencement of the Development shall not take place until:
(a) further ecological surveys are undertaken to update those already prepared for the Site; and
(b) there has been submitted to, approved in writing by, and deposited with, the Council, in consultation with the Countryside Council for Wales Natural Resources Wales, an ecological mitigation strategy. The strategy shall be based on the measures described in Section 14.9 of Anglesey Aluminium Renewable Energy Plant Environmental Statement (Volume 1) August 2009, and have regard to the updated ecological surveys of the Site, detailing the measures to be taken to secure and enhance the welfare, on the Site, of flora and fauna (such as, but not limited to, badgers, otters, reptiles, nesting birds and water voles) which are found on, inhabit or use the Site during the construction, operation and decommissioning of the Development.
The Development shall thereafter be carried out only in accordance with the approved ecological mitigation strategy unless any variation has been agreed in writing by the Council, in consultation with the Countryside Council for Wales Natural Resources Wales.
Reason: For the protection of flora and fauna and to promote creative conservation.
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Invasive Species – Sea Squirt
(42) Unless otherwise approved in writing by the Council, in consultation with Natural Resources Wales, the The commencement of the Development shall not take place until a strategy for the eradication and/or control of invasive sea squirt (Didemnum vexillum) at the biomass unloading jetty at Holyhead Harbour has been agreed with the Council, in consultation with the Countryside Council for Wales Natural Resources Wales.
The strategy shall include a timetable of works and have regard to the results of the investigation assessing the utilisation of sea included in the Construction Traffic Management Plan pursuant to Condition (18)(i).
The agreed strategy shall be implemented unless any variation has been approved in writing by the Council, in consultation with the Countryside Council for Wales Natural Resources Wales.
Reason: For the protection of the natural amenity of Holyhead Harbour.
Fuel Type and Sustainability
(43) With the exception of any other fuels used during boiler start up or stabilisation (excluding coal, which shall not be used in the operation of the Development), only biomass fuel feedstocks shall be burnt in its main boiler(s). From the first date on which the Development is subject to mandatory sustainability criteria as a condition of eligibility for financial assistance under a relevant assistance regime any biomass fuel feedstocks burnt in the main boilers(s) after that time must comply with the applicable mandatory sustainability criteria.
(44) Throughout the operational life of the Development, there shall be submitted to the Council an annual report on the sustainability of all biomass fuel feedstocks burnt in the main boiler(s) which provides the same information and level of assurance and verification which the operator of the Development is required (or would be required, if claiming financial assistance in respect of the electricity generated for such biomass fuel feedstocks) to provide in respect of the sustainability of biomass under any relevant assistance regime.
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Reason: To ensure the scheme is fuelled only by sustainable biomass fuel feedstocks as proposed by the Company in its application for consent under s. 36 of the Electricity Act 1989.
Air Pollution Monitoring
(45) The commissioning of the Development shall not take place until there has been submitted to and approved in writing by, and deposited with the Council, in consultation with the Environment Agency Natural Resources Wales, a scheme for the monitoring of air pollution in their area. The scheme shall include the measurement location or locations within the relevant area from which air pollution will be monitored, the equipment and methods to be used and the frequency of measurement. The scheme shall provide for the first measurement to be taken not less than 12 months prior to the Commissioning of the Development and for the final measurement to be taken not more than 24 months after commissioning of the Development. The Company shall implement the scheme in accordance with its terms, subject to any variation approved in writing by the Council, in consultation with the Environment Agency Natural Resources Wales, and shall supply full details of the measurements obtained to the Council in accordance with the scheme to the Council as soon as possible after they become available a timetable agreed with the Council.
(46) Should the Council require continued monitoring of air pollution the Company shall extend the Scheme pursuant to Condition (45) for a period of up to 36 months from the date of the last measurement taken pursuant to Condition (45) or such other period as may be agreed in writing by the Council. The Company shall supply full details of the measurements obtained to the Council as soon as possible after they become available in accordance with a timetable agreed with the Council.
Reason: To ensure the Council are kept informed on a regular and programmed basis about any changes in the level of air pollution at locations within its area.
Stack Lighting
(47) The Commissioning commencement of the Development shall not take place until a scheme, including a timetable for installation works, 24
detailing the lighting of the flue stacks with a steady red light of 200 candelas visible at the highest most practicable point on the stacks, has been submitted to, approved in writing by, and deposited with the Council. The stacks shall be lit in accordance with the approved scheme prior to the Commissioning following the construction of the flue stacks of the dDevelopment and such lighting maintained thereafter.
Reason: In the interests of air safety.
Use of Waste Heat
(48) The Commissioning of the Development shall not take place until sufficient plant and pipework has been installed to facilitate the future supply of heat to the boundary of the Site under Condition (49) at a later date if opportunities to do so are identified pursuant to Condition (49).
(49) Prior to the Commissioning of the Development, an updated CHP Feasibility Review assessing potential commercial opportunities for the use of heat from the Development shall be submitted to, approved in writing by, and deposited with the Council. This shall provide for the ongoing monitoring and full exploration of potential commercial opportunities to use heat from the Development as part of a Good Quality CHP scheme (as defined in the CHPQA Standard issue 3, or any subsequent edition), and for the provision of subsequent reviews of such commercial opportunities as necessary. Where viable opportunities for the use of heat in such a scheme are identified, a scheme for the provision of the necessary plant and pipework to the boundary of the site shall be submitted to, approved in writing by, and deposited with the Council. Any plant and pipework installed to the boundary of the Site to enable the use of heat shall be installed in accordance with the agreed details.
Reason: To ensure that heat is available for use to the benefit of the local domestic, commercial and industrial users when the demand arises.
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Cessation of works and restoration of the Site
(50) Within 12 months of the Site ceasing to be used for the purposes of electricity generation, a scheme for the demolition and removal decommissioning of the Development shall be submitted to the Council, for approval in writing.
(51) Unless otherwise agreed in writing with the Council, tThe scheme referred to in Condition (50) shall include:
(i) details of all structures and buildings which are to be demolished;
(ii) details of the means of removal of materials resulting from the demolition and methods for the control of dust and noise;
(iii) the phasing of the demolition and removal;
(iv) details of other decommissioning works;
(iv) details of the restoration works; and
(vi) the phasing of the restoration works.
(52) The demolition and removal decommissioning of the Development (which, unless otherwise agreed in writing with the Council, shall include the decommissioning, including where appropriate the removal and demolition, of all buildings, structures, plant, equipment, areas of hardstanding and access roads) and subsequent restoration of the Site shall thereafter be implemented in accordance with the approved scheme referred to in Condition (50), unless any variation has been agreed in writing by the Council.
Reason: To ensure the Site is not allowed to become derelict after the cessation of electricity generation.
Immaterial Changes to Conditions by the Council
(53) Where the words, “unless otherwise agreed in writing with the Council” or “unless otherwise approved in writing by the Council” appear, such agreement or approval may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of the Council that the subject matter of the approval is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
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Reason: To make clear that where provision is made for the Council to agree to variations to the application of planning conditions, the scope of any such variations will be limited to immaterial changes.
Date: 16 September 2011 4 April 2014 Giles Scott Head of Development National Infrastructure Consents& Planning Reform, Department of Energy and Climate Change
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EXPLANATORY MEMORANDUM
Variation of Section 36 Consent
Condition 2 (a) is varied to allow greater flexibility as to the type and number of boilers (and thereby allow the use of best available boiler technology);
Condition 3 (1) is varied to reflect the submission of the Variation Application;
Condition 3(2) is varied to remove provision for the Secretary of State to extend the date by which development must commence. This change takes account of the fact that a formal process now exists to seek a variation under Section 36C of the Electricity Act 1989.
Variation of Conditions to Section 90 Direction
Condition 4 (1)
The definitions “the Countryside Council for Wales” and “Environment Agency” are removed to reflect the transfer of responsibilities to Natural Resources Wales. A new definition is inserted of “Natural Resources Wales”. References to “the Countryside Council for Wales” and the “Environment Agency” are replaced with references to “Natural Resources Wales” throughout the deemed planning permission;
The definition of “the main Development” is removed to reflect a change to condition 37 (the effect of which is to require that a landscaping and creative conservation scheme should be submitted at an earlier stage) and the deletion of condition 40;
The definition of “interest land” is removed reflecting changes to landscaping obligations under conditions 37 and (the now deleted) condition 40, in view of the fact that the land is no longer in the control of the Company for off-site landscaping;
The definition of “Welsh Assembly Government” is varied to reflect that body’s preferred title. References to the “Welsh Assembly Government” are accordingly amended throughout the deemed planning permission;
Condition 4(3) is varied to make clear that the five year period for the expiry of the permission runs from the date of the original grant of the permission, and not from the date of this variation. ;
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Conditions 4(4) to (6) are varied to require the approval by the Council of a road cleansing scheme, and consultation with Natural Resources Wales in relation to the required wheel washing scheme. These changes take account of comments received from Natural Resources Wales (“NRW”) and the Isle of Anglesey County Council (“the Council”) during consultation on the Variation Application;
Condition 4(9) is varied to require that the required scheme for temporary buildings and roads include details of restoration works to be undertaken on completion of development. This takes account of comments received from the Council and the Company during consultation on the Variation Application;
Condition 4(10), which requires the approval of a scheme concerning site layout and design prior to commencement of development, is varied to remove requirements relating to artificial lighting and fire prevention, in accordance with a request from the Company. Separate provision is now made for those matters in conditions 4(10A) and 4(10B);
Condition 4(10A) is a new condition to reflect the request from the Company that the scheme for fire prevention measures be required prior to the commissioning of the development, rather than prior to its commencement as previously provided;
Condition 4(10B) is a new condition to reflect the request from the Company that artificial lighting measures be required prior to the commissioning of the development, rather than prior to its commencement as previously provided;
Condition 4(13) is varied to reflect comments received from NRW on the Construction Environmental Management Plan;
Condition 4(17A) is comprised of text previously included as part of Condition 4(17) which has been renumbered as a separate condition for clarity;
Condition 4(17B) is a new condition to clarify that variation to the hours at which construction activities may take place under Conditions 4(15), (16) and (17) may only be given in relation to immaterial changes that are unlikely to give rise to any materially new or materially different effects from construction activities on the days and hours specified;
Conditions 4(29), (30) and (31) concerning protection for assets of Welsh Water, Network Rail and National Grid respectively are varied to strengthen enforceability following comments from the Council;
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Conditions 4(32),(33), (34), (35) and (36) are new conditions replacing the original Conditions (32) to (36) and reflect the latest requirements of NRW on dealing with the risks associated with any contamination at the site of the Development;
Condition 4(37) is varied so that the landscaping and creative conservation scheme must now be submitted before the commencement of any development (an earlier stage than previously), and is no longer required to cover “interest land” . This reflects the fact that land previously required to be subject to off-site landscaping is no longer within the control of the Company;
Condition 4(39) is varied to take account of comments by the Council that the obligation to replace diseased or damaged flora as part of the landscaping and creative conservation scheme for the site should last for ten, rather than five, years;
Condition 4(40), requiring the Council to be satisfied that the Company would be in a position to carry out off-site landscaping obligations is removed to reflect the removal of that obligation from condition 4(37);
Condition 4(41) regarding protection of flora and fauna is varied to require ecological surveys to be updated prior to commencement of the development, reflecting the comments received from NRW during consultation on the Variation Application;
Condition 4(42) is varied to specify provision which must be included in the required strategy for the eradication and / or control of invasive sea squirt to reflect the comments received from the Council during consultation on the Variation Application;
Conditions 4(45) and (46) requiring air pollution monitoring are varied to strengthen enforceability following comments from the Council;
Condition 4(47) requiring a scheme for the lighting of the flue stacks is varied for greater enforceability following comments from the Council, and to clarify that the stacks should be lit from the time of construction rather than prior to commissioning, at the request of the Company; and
Conditions 4(50), (51) and (52) are varied to replace references to ‘demolition and removal’ with references to ‘decommissioning’ of the development (which may include, but is not limited to, ‘demolition and removal’) following comments from the Council.
Condition 4(53) is a new condition to make clear that where provision is made for the Council to agree to variations to the application of the 32
planning conditions, the scope of any such variations will be limited to immaterial changes.
In addition a number of minor drafting changes are made (for example to delete duplicated provisions and correct typographical errors).
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Department of Energy & Climate Change 2nd Floor King’s Building c/o3 Whitehall Place, Mr M Hopkins London SW1A 2AW Jones Lang LaSalle T: + One Piccadilly Gardens E: g Manchester www.decc.gov.uk M1 1RG
Your ref: Our ref: 12.04.09.04/228C
4 April 2014
Dear Mr Hopkins
ELECTRICITY ACT 1989
ELECTRICITY GENERATING STATIONS (VARIATION OF CONSENTS) (ENGLAND & WALES) REGULATIONS 2013
BIOMASS FUELLED GENERATION STATION AT PENRHOS WORKS, HOLYHEAD, ANGLESEY
I. THE APPLICATION
1.1 I am directed by the Secretary of State for Energy and Climate Change (“the Secretary of State”) to refer to the application dated 26 November 2013 (“the application”) on behalf of Anglesey Aluminium Metal Renewables Limited (“the Company”) to vary both the consent of the Secretary of State under section 36 of the Act dated 28 August 2009 (“section 36 consent”) to construct and operate a 299 MW biomass fuelled generating station at Penrhos Works, Holyhead, within the administrative area of the Isle of Anglesey County Council (“the Development”), and a direction under section 90(2) of the Town and Country Planning Act 1990 (“section 90 direction”) that planning permission for the Development be deemed to be granted. The variation being requested (“section 36C variation”) is for the removal from the section 36 consent of 1
reference to a specific boiler technology (i.e. Circulating Fluidised Bed Boilers), to allow for the Development to be designed using best available technology (BAT) and consequential and other minor variations to the conditions in the deemed planning permission.
1.2 The application for the section 36C variation was published in accordance with the Electricity Generating Stations (Variation of Consents) (England and Wales) Regulations 2013 (“the Variation Regulations”) and served on the relevant planning authority.
1.3 In accordance with the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 (“the EIA Regulations”), which apply to the variation of a consent by virtue of regulation 7 of the Variation Regulations, an “Environmental Statement Addendum” dated 19 November 2013 was submitted with the Application. This document describes the Development and updates the analysis of the environmental effects set out in the “Environmental Statement August 2009” (3 volumes), the separate “Environmental Statement Non-Technical Summary August 2009”, the “CHP Assessment August 2009” submitted with the original application and the “Anglesey REP Response to Request for Further Information July 2010” document. In accordance with the EIA Regulations, the Environmental Statement Addendum was advertised and placed in the public domain, along with the previously submitted environmental information, to give people an opportunity to comment on it. The Environmental Statement Addendum together with the “Environmental Statement August 2009” (3 volumes), the separate “Environmental Statement Non-Technical Summary August 2009”, the “CHP Assessment August 2009” submitted with the original application and the “Anglesey REP Response to Request for Further Information July 2010” are herein after referred to as the “Environmental Statement”.
1.4 Isle of Anglesey County Council (“the relevant planning authority”) entered into discussions with the Company over the terms on which they would be content for the Development with the proposed variations to proceed. As a result of these discussions, varied conditions to be attached to any section 90 direction (“the Planning Conditions”) were agreed in principle between the Company and the relevant planning authority (and also other relevant consultees).
1.5 In view of the successful conclusion of these discussions the relevant planning authority has not maintained any objection to the Application providing that the Planning Conditions are appropriately varied should the Secretary of State be minded to make the variation to the section 36 consent and issue a section 90 direction varying conditions in the deemed planning permission.
1.6 The Secretary of State notes that the Company has also given to the relevant planning authority an undertaking under section 106 of the Town and Country Planning Act 1990 dated 13 March 2014 (“section 106 Undertaking”), which will:
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ensure consideration is given to locally based companies with the necessary skills, experience and qualifications on the relevant planning authority’s tender lists when awarding contracts and subcontracts for the construction and operational phase of the Development and subsequent supply chain and also that, as part of any tender process, all tenders will be asked to contain a Local Procurement Statement setting out the policy of the tenderer in respect of developing local training and skills; and
seek to encourage continued accessibility to the Jetty at the Port of Holyhead, which forms part of the application site, by cruise ships and the operators serving those cruise ships whilst they are berthed insofar as this does not conflict with use of the jetty for the operational purposes of the Development.
II. SECRETARY OF STATE’S CONSIDERATION OF THE REVISED PLANNING CONDITIONS
2.1 The Secretary of State has considered the revised Planning Conditions carefully. He agrees that they are suitable for inclusion in any section 90 direction which he may give.
III. SECRETARY OF STATE'S DECISION ON THE HOLDING OF A PUBLIC INQUIRY
3.1 Regulation 8 of the Variation Regulations gives the Secretary of State discretion to hold a public inquiry into a variation application. In considering whether to hold a public inquiry, the Secretary of State must consider any representations which have been made to him by a relevant planning authority or any other person where those representations are not withdrawn.
3.2 No objections were received by the Secretary of State to the proposed variation from the relevant planning authority or any other person. However, the Secretary of State has given consideration to the representations received from his consultees, including the relevant planning authority, Natural Resources Wales and Welsh Government and taken account of their comments in the varied Planning Conditions.
Conclusion 3.2 The Secretary of State has carefully considered the views of the relevant planning authority and consultees and all other material considerations. He takes the view there is nothing further that needs probing and that it would not be appropriate to cause a public inquiry to be held into the Application.
IV. SECRETARY OF STATE'S CONSIDERATION OF THE ENVIRONMENTAL INFORMATION
4.1 Regulation 3 of the EIA Regulations as applied by regulation 7 of the Variation Regulations prohibits the Secretary of State from granting a variation of 3
a section 36 consent unless he has first taken into consideration the environmental information, as defined in the EIA Regulations.
4.2 The Secretary of State is satisfied that the Environmental Statement is sufficient to allow him to make a determination on the Application and that the Company has followed the applicable procedures in the EIA Regulations.
4.3 The Secretary of State has considered the environmental information carefully; in addition to the Environmental Statement, he has considered the comments made by the relevant planning authority, those designated as statutory consultees under regulation 2 of the EIA Regulations and comments by others.
4.4 Taking into account the extent to which any environmental effects will be modified and mitigated by measures the Company has agreed to take or will be required to take either under the conditions attached to the variation to section 36 consent or the Planning Conditions or by regulatory authorities including Natural Resources Wales, the Secretary of State believes that any remaining adverse environmental effects will not be such that it would be appropriate to refuse the variation to the section 36 consent for the Development or the deemed planning permission.
4.5 The Secretary of State also considers that the matters specified in paragraph 1(2) of Schedule 9 to the Electricity Act 1989 have been adequately addressed by means of the Environmental Statement.
V. SECRETARY OF STATE'S CONSIDERATION OF POSSIBLE EFFECTS ON A EUROPEAN SITE
5.1 The Conservation of Habitats and Species Regulations 2010 (“the Habitats Regulations”) require the Secretary of State to consider whether the proposed Development would be likely to have a significant effect on a European Site, as defined in the Habitats Regulations and if so, to undertake an Appropriate Assessment (“AA”) of the implications for the European Site in view of its conservation objectives. In the absence of imperative reasons of overriding public interest, consent may only be granted if it can be shown that the development will not have an adverse effect on the integrity of the European Site (regulations 61(5) and 62). Regulation 61(6) provides that when considering whether the proposed development will adversely affect the integrity of a European Site, the competent authority can take into account measures proposed to mitigate such impacts.
5.2 The Secretary of State notes that the Glannau Ynys Gybi/Holy Island Coast SPA; Ynys Feurig, Cemlyn Bay and The Skerries SPA; Glannau Ynys Gybi SAC; and Llyn Dinam SAC European Sites, (i.e. areas of special importance for flora and/or fauna) are within 10km of the application site. He is aware that the Environment Agency (now Natural Resources Wales) has previously undertaken an Appropriate Assessment (AA) for the original Environmental Permit application for the operation of the site, where in-combination effects with other permitted 4
activities and prevailing environmental conditions (background, diffuse and non- regulated sources) were also assessed. On the advice of the Countryside Council for Wales (now also Natural Resources Wales), the AA focused on the Glannau Ynys Gybi SPA and SAC. The conclusion reached was that emissions (i.e. discharge to water of biocide and thermal plumes and air emissions from combustion) would have no adverse effect on the integrity of the European site. He is aware that Natural Resources Wales will need to update the Environmental Permit for the Penrhos Works site when more information becomes available about the actual processes to be used and emissions levels and update their AA accordingly. He notes that the Environment Agency’s assessment was based on a worst case boiler design technology and emissions from the Development are therefore expected to be no worse than for the original application.
5.3 In the Secretary of State’s consideration of the original application, he noted that the proposed Development was located some 3km from the nearest European site, sufficiently distant, and with intervening development (the town of Holyhead), such that noise, vibration and lighting impacts from the construction of the development would also not impact on the European sites. Normal construction site mitigation would be provided by the planning conditions to protect the local human and natural environment, but even without these restrictions, and taking account of possible in-combination effects from other developments in the area, it was considered that the nature and location of the development were such that significant effects on the European sites were not likely and consequently an AA was not required by the Secretary of State.
5.4 In respect of the variation application, the Secretary of State notes that Natural Resource Wales (NRW) has identified the Glannau Ynys Gybi Special Protection Area and Glannau Ynys Gybi Special Area of Conservation European Sites, (i.e. areas of special importance for flora and/or fauna), but are satisfied that the proposed variation will not result in a significant impact upon these sites.
5.5 NRW also considers that the proposed revision to Condition 41 to require updated ecological surveys prior to the commencement of the Development is appropriate and is satisfied the development is not likely to result in significant adverse effects upon any legally protected species of flora and fauna found on the site. In addition, Planning Conditions 37-41 allow for habitat creation and management to encourage biodiversity on the site.
5.6 The Secretary of State is satisfied therefore that with the limited changes now sought in the variation application, the construction of the Development continues to be not likely to have a significant effect on a European Site. He therefore finds no reason for refusing the variation to the section 36 consent on the grounds of adverse effects on the integrity of a European Site and considers an AA is not required by him.
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VI. SECRETARY OF STATE’S CONSIDERATION OF THE EFFECT ON AN AREA OF OUTSTANDING NATURAL BEAUTY
6.1 The proposed development site is located just within the Ynys Mon/Anglesey Area of Outstanding Beauty (AONB). The Secretary of State has therefore again considered the effect of the development in line with Planning Policy Wales, which states:
“5.5.5 Statutory designation does not necessarily prohibit development, but proposals for development must be carefully assessed for their effect on those natural heritage interests which the designation is intended to protect.
5.5.6 In National Parks or AONBs, special considerations apply to major development proposals which are more national30 than local in character. Major developments should not take place in National Parks or AONBs except in exceptional circumstances. This may arise where, after rigorous examination, there is demonstrated to be an overriding public need and refusal would be severely detrimental to the local economy and there is no potential for locating the development elsewhere or meeting the need in some other way. Any construction and restoration must be carried out to high environmental standards. Consideration of applications for major developments should therefore include an assessment of: • the need for the development, in terms of national considerations, and the impact of permitting it or refusing it upon the local economy; • the cost of and scope for providing the development outside the designated area or meeting the need for it in some other way; • any detrimental effect on the environment and the landscape, and the extent to which that could be moderated. 30 ‘national’ in this context means the UK “
6.2 The Secretary of State considers that there continues to be an overriding need for the project, and that this is not altered by the variation application. The national need for the Development is described in the National Policy Statements referred to in paragraph 9.1 below. At a local level, the Secretary of State has been informed by the relevant planning authority that since the original consent was granted, Anglesey has witnessed a considerable number of job losses and there is a significant need for investment and the creation of jobs in Holyhead. He notes that the Holyhead Travel to Work Area (TTWA) now has the highest Job Seekers Allowance (JSA) rate and the second lowest job density rate of any TTWA in Wales. He also notes the relevant planning authority’s view that persistent long-term poverty, deprivation, inactivity and joblessness in Holyhead has been a problem for many years, compounded by the closure of major employers in the locality such as Anglesey Aluminium. They therefore consider the employment opportunities from the Development could play a critical role in transforming the socio-economic fortunes of Holyhead and Anglesey. 6
6.3 In view of the above and the reasons set out in the original decision letter, the Secretary of State is satisfied that the benefits to the local economy of the varied Development outweigh its potential disbenefits.
6.4 For the reasons given in the original decision letter, the Secretary of State considers that there is no suitable alternative site, and that the impact on the AONB is acceptable. There has again been no suggestion during consultation on the proposed variation that a more appropriate alternative site for such a development exists elsewhere on Anglesey where it would have less of an impact on the AONB.
6.5 The Secretary of State notes that since the section 36 consent was granted, the ‘interest land’ (i.e. land outside the development area, but within the Anglesey Aluminium Metal landholding) is no longer available for offsite landscaping. However he is further aware that the adjacent Land & Lakes (Anglesey) Ltd development (consisting of three separate development areas known as Penrhos, Cae Glas and Kingsland) has been designed to have full regard to the biomass generating station in terms of its layout, siting and design. He also notes that the plans include new tree and hedgerow planting. Furthermore, the relevant planning authority has not raised any visual impact concerns and Natural Resources Wales consider the proposed variations will not have any substantial effect on the AONB. The Secretary of State believes that the measures required by the planning conditions will help mitigate the visual impact of the Development and ensure it is generally in keeping with the existing landscape and acceptable in planning terms.
6.6 In conclusion, the Secretary of State considers that in addition to the national need case, refusal would be severely detrimental to the local economy and that the benefits to the local economy of consenting the Development outweigh its potential disbenefits. He therefore concludes that there is an overriding public need for the Development, and that this need could not be met in some other way. He is also satisfied that the revised Planning Conditions will ensure that the proposed Development will be constructed to the highest practicable standards.
VII. SECRETARY OF STATE’S CONSIDERATION OF COMBINED HEAT AND POWER
7.1 The Secretary of State notes that the deemed planning permission already includes requirements for combined heat and power (“CHP”). He considers that the CHP conditions (Conditions 48 and 49) remain appropriate and should be retained in the varied consent.
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VIII. EQUALITY ACT 2010
8.1 The Equality Act 2010 requires public authorities to have due regard in the exercise of their functions to:
(a) the elimination of unlawful discrimination, harassment and victimisation and any other conduct prohibited under the Act; (b) the advancement of equality of opportunity between people who share a protected characteristic and those who do not; and (c) the fostering of good relations between people who share a protected characteristic and those who do not.
8.2 The Secretary of State has considered the potential impacts of granting or refusing the Variation Application in the context of the general equality duty and has concluded that it is not likely to result in any significant differential impacts on people sharing any of the protected characteristics.
8.3 The Secretary of State does not, therefore, consider that either the grant or refusal of the Variation Application is likely to result in a substantial impact on equality of opportunity or relations between those who share a protected characteristic and others or unlawfully discriminate against any particular protected characteristics.
IX SECRETARY OF STATE'S DECISION ON THE VARIATION APPLICATION
9.1 The Secretary of State considers the following issues material to the merits of the variation of the section 36 consent: i) adequate environmental information has been provided for him to judge its impact; ii) the Company has identified what can be done to mitigate any potentially adverse impacts of the proposed Development; iii) the fact that legal procedures for a variation of a generating station consent have been properly followed; iv) the views of the relevant planning authority, the views of statutory consultees under the Habitats Regulations, the EIA Regulations and the Variation Regulations, the views of other interested parties, the environmental information and all other relevant matters have been considered; and v) his policies on the need for and development of new electricity generating infrastructure, and specifically biomass generating stations, as set out in the Overarching National Policy Statement for Energy (EN-1) (in particular, sections 8
3.3 and 3.4) and the National Policy Statement for Renewable Energy Infrastructure (EN-3) (in particular section 2.5), designated by him on 19th July 2011 under the Planning Act 2008 following their approval by Parliament and the reasons given for those policies in those national policy statements.
9.2 The Secretary of State, having regard to the matters specified in paragraph 9.1 above, has decided to make a variation to the section 36 consent for the Development pursuant to section 36C. The section 36 consent as varied is annexed to the variation decision and subject to the conditions set out in the varied consent.
9.3 The Secretary of State also believes the Planning Conditions as varied form a sufficient basis on which the Development might proceed, and therefore he has decided to issue a section 90(2ZA) direction that the conditions to the deemed planning permission be varied as specified in the annex to that direction. The reasons for the variations to particular conditions are explained in the annex to this letter.
9.4 I accordingly enclose the Secretary of State's variation of consent under section 36C of the Electricity Act 1989 and a direction under section 90(2ZA) of the Town and Country Planning Act 1990.
X. GENERAL GUIDANCE
10.1 The validity of the Secretary of State’s decision may be challenged by making an application to the High Court for leave to seek a judicial review. Such application must be made as soon as possible. Parties seeking further information as to how to proceed, including time limits, should seek independent legal advice from a solicitor or legal adviser, or alternatively may contact the Administrative Court at the Royal Courts of Justice, Strand, London WC2 2LL (General Enquiries 020 7947 6025/6655).
10.2 This decision does not convey any approval or consent or waiver that may be required under any enactment, by-law, order or regulation other than section 36 and 36C of, and Schedule 8 to, the Electricity Act 1989 and section 90 of the Town and Country Planning Act 1990.
Yours sincerely
Giles Scott Head of National Infrastructure Consents
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NOTES:
THIS DRAWING IS THE PROPERTY OF McCORMICK ARCHITECTURE LTD AND COPYRIGHT IS RESERVED BY THEM. THE DRAWING IS NOT TO BE COPIED OR DISCLOSED BY OR TO ANY UNAUTHORISED PERSONS WITHOUT THE WRITTEN CONSENT OF McCORMICK ARCHITECTURE LTD. DO NOT SCALE FROM THIS DRAWING. CONTRACTORS TO CHECK ALL DIMENSIONS ON SITE AND TO REPORT ANY DISCREPANCIES. ELECTRONIC ISSUE VERSIONS OF THIS DRAWING ARE NOT TO BE CHANGED BY RECIPIENTS OR 3rd PARTIES. JETTY
NOTE: THIS DRAWING IS FOR PLANNING APPLICATION PURPOSES ONLY
HOLYHEAD PORT HOLYHEAD TOWN CENTRE
HOLYHEAD BAY
THE MOORINGS, ROWTON BRIDGE ROAD, CHRISTLETON, CHESTER. CH3 7AE TEL: 01244 332020 email:[email protected] web:www.mccormick-architecture.co.uk
Client: ORTHIOS
THE SITE Project: ORTHIOS REP SITE ANGLESEY
Detail: SURVEY DRAWING OS SITE LOCATION PLAN LONDON TO Status: HOLYHEAD FOR APPROVAL
MAINLINE RAIL Drawn By: Date: Scale: OS/MR 10/3/16 1:15,000@ A3
A55 Checked By: Date: Signature: TREADDUR EXPRESSWAY PM 10.3.16 PM Job No: Drg No: Revision: 4140/01 A(050)10
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