FAO Mr Robert Ranger Our ref: ECC/PoTL2/S5542App 3/18 Eagle WingTemple Quay House Your PTR030003 2 The Square Ref: 15 November 2017 Bristol, Date: BS1 6PN Sent by email: [email protected] Dear Mr Ranger, RE: Planning Act 2008 (as amended), Section 55 Application by Port of Tilbury London Limited for an Order Granting Development Consent for the Port of Tilbury Expansion (‘Tilbury2’) Adequacy of Consultation Request Thank you for the opportunity to respond on behalf of Essex County Council (ECC) as a neighbouring authority and statutory consultee to this request to comment on the Adequacy of Consultation Report in relation to the proposed new port development, known as Tilbury2, at the former Tilbury Power Station. ECC is a neighbouring and strategic authority within the definition of the Duty to Co-operate S110 of the Localism Act 2012 and Section 30 of the Planning and Compulsory Purchase Act 2008. The Tilbury 2 proposal is a strategic cross-boundary matter and ECC wish to engage with this process, with the following relevant roles: a key partner and service provider within Essex promoting economic development, regeneration, infrastructure delivery and new development for the benefit of Essex and the region; The highways and transportation authority for Essex, with responsibility for the delivery of the Essex Local Transport Plan; Minerals and Waste Planning Authority, Local Lead Flood Authority and Public Health advisor for the county of Essex; and The Local Education Authority for Essex and as a key partner in the promotion of employability and skills. ECC has a long history of close working with Thurrock Council, a neighbouring unitary authority within Greater Essex and as partner authorities in South Essex, within London Thames Gateway; South East Local Enterprise Partnership (SELEP) and the Opportunity South Essex Partnership (OSE). It will be necessary for the Port of Tilbury Limited (PoTL) to have regard to the wider regional priorities, as set out by ECC, SELEP and OSE. The proposed development is of significance to ECC, given the importance and potential impact on the Essex economy, environment and transport network (both road and rail) and in particular Essex’s connectivity with London. 1 It is noted that the scope of this consultation concerns the applicant’s Consultation Report only, in respect of their engagement with ECC to shape and inform the application and not the merits of the applciation. I can advise that ECC has been actively engaged with the Port of Tilbury Limited (PoTL) since our initial consultation on the draft Scoping Report in February 2017 through to the submitted draft DCO Application. ECC has provided a total of five consultation responses to date, which are enclosed for your records and listed below: ECC Responses to Tilbury2 Project: 17 March 2017 re Draft Environmental Impact Assessment (EIA) Scoping Report to PoTL 26 April 2017 EIA Scoping Report to PINs 22 May 2017 Draft Statement of Community Consultation to PoTL 28 July 2017 S42 Application –Preliminary Environmental Information Report to PoTL 19 October Pre-Application engagement (22/9/2017-16/10/2017) to PoTL The nature and scope of these consultations responses have concnerned: Highways and Transporttion Minerals and Waste Planning Lead Local Flood Authority – Flood and Water Management Economic Growth and Rgeneration Environment Archaeology and Historic Environment Landscape and Arboriculture; and Ecology ECC has raised a range of issues and comments in the development of this proposal and the supporting evidence within the Preliminary Environmental Information Report (PEIR) including further requests for information and clarification on the individual and cumulative effects and the proposed mitigation. ECC is continuing to engage with PoTL and their consultants as they progress the PEIR and application. Please find attached Annex 1, a schedule of ECC’s detailed comments on the Consultation Report and Appendices, which clarifies ECC’s position regarding specific themes related to this project and the ongoing engagement. That said, there are a number of issues we wish to bring to your attention, concerning a number of misunderstandings of our position, given the nature of the statements and information presented within the Consultation Report when compared to ECC’s position and request for additional information and clarification as set out in our letters of 22 May 2017, 28 July 2017 and 19 October 2017. Highways and Transportation ECC Highways and Transportation dispute the statements and the approach taken within Table 10.6 (and Appendix 3) which appears to be the cause of a misunderstanding and subsequent limited engagement between the PoTL and ECC. The statements in column 4 of Table 20.6 (pages 196 & 198) do not fully reflect the records of the meeting held on 24 May (see attached) and are contrary to ECC’s stated 2 position in our consultation responses dated the 22 May 2017 and 28 July 2017 which remain outstanding. To clarify our position, ECC is still awaiting receipt of the additional information requested regarding the Tilbury2 development and the supporting Transport Assessment. This information has been requested to enable ECC to assess any potential implications on the strategic road network within Essex (A13, A127, A130, A12 & M11) and connectivity between Essex and London and to assess the potential inter- relationship between the construction and operation of Tilbury2 and the Lower Thames Crossing projects. ECC’s position has not changed or been superseded by the statements of the meetings held on 24 May 2017, which appear to have been misinterpreted. Please refer to Annex 1 for a detailed explanation of the outstanding issues. Minerals and Waste Planning ECC Minerals and Waste Planning dispute the statement and the approach taken in respect of “Waste” as set out in Table 21.4 of Consultation Report (page 203). The statements in column 4 do not reflect ECC’s record of the telecon on 30 August 2017 (see detail in Annex 1). To clarify ECC’s position is as set out in our letter of 28 July 2017 and there is an absence of waste management capacity within Essex as evidenced in the Adopted Essex and Southend on Sea Waste Local Plan, and in line with national planning policy for Waste and the Adopted Thurrock Local Plan. The proposal should first seek to understand the existing and future capacity (including facilities) within Thurrock as the host waste planning authority. Ecology ECC has liaised with the consultants as indicated within the Consultation Report, however ECC are awaiting a revised copy of the Terrestrial Ecology chapter within the PEIR. It is further noted that given the time constraints, the applicant’s may not have incorporated ECC’s latest comments in our letter of 19 October 2017 within the Consultation Report / Submission. ECC reserves our position as a statutory consultee, subject to the receipt of the requisite information and clarification previously requested in on the 22 May 2017, 28 July 2017 and 19 October 2017 respectively, as outlined above and in Annex 1. ECC anticipates that these outstanding matters have the potential to be resolved through the receipt of the information and ongoing engagement with PoTL through the pre- examination process including the preparation of respective Statements of Common Ground. If a decision is made to accept the application for examination. ECC shall register as an interested party in due course 3 If you require further information or clarrification on any points raised in this response please contact Lesley Stenhouse and her details are set out below. Yours sincerely Enquiries Lesley Stenhouse Principal Spatial Planner Spatial Planning Telephone: 03330 136826 Email: Graham Thomas [email protected] Head of Planning Economies, Localities and Public Health Encs Annex 1 – ECC Schedule of detailed comments on Consultation Report ECC Consultation Responses regarding Tilbury 2: 19 October 2017 – Pre-Application Engagement 22/9-16/10 28 July 2017 – S42 Application - PEIR 22 May 2017 – Draft Statement of Community Consultation 24 April 2017 – EIA Scoping Report 13 March 2017 – Draft EIA Scoping Opinion Note of Meeting: 24 May 2017 - Notes of Meeting between i-Transport LLP and ECC 4 ANNEX1 Tilbury 2 – ECC Schedule of Detailed Comments on the Consultation Report October 2017 PROPOSED PORT TERMINAL AT FORMER TILBURY POWER STATION: TILBURY2 All comments relate to the Consultation Report (unless otherwise stated) and are presented within the order of the Report Page / ref Topic Comment Para 5.3.3 Draft Summary of ECC Responses to the Draft SoCC (Page 37 – para 5.3.3) (Page 37) Statement of Community The table is noted to contain a highlevel summary of ECC’s comments to the Draft SoCC. ECC would have anticipated Consultation a more specific reference to ECC’s wider comments within our consultation response dated 22 May 2017 - as follows: Page 2 Section 1 paragraphs 2 & 3 (including subpoints) – regarding the need to engage Neighbouring Highways authorities (including TfL and Highways England), a set out in ECC’s letter dated 22 May, Page 2: Section 2 paragraphs 1&2– regarding the likely need for the DCO boundary to be changed to accommodate landscape and ecological mitigation – arising from the EIA. Process. Page 3&4 – Other Matters relevant to Tilbury 2 - Acknowledge of the other matters to be considered / explored in the development of the Tilbury2 proposls. Para 6.13 Pre-application ECC note the content of the schedule and wish to draw your attention to our letter dated 19th October 2017, in response Page 75 Consultation to the series of pre-application consultations received on draft sections of the master plan and environmental statement. Checklist 2 October 2017 Transport and Highways – ECC received a draft copy of the masterplanning statement only. ECC note with concern – Circulation List that as an adjoining Highways Authority we did not receive a draft copy of the ES Chapter 13 (Land-side Transport) given our consultation responses on 22 May and 28 July 2017.