Representation by Environment Agency (Environment Agency)
- Date submitted
- 21 February 2024
- Submitted by
- Other statutory consultees
I refer to your email dated 20 February 2024 asking that any views made in relation to the Applicant’s Change Request are submitted on a fully completed Planning Inspectorate Registration and Relevant Representation form. We note that 5 changes are proposed to the application in relation to the following: Change 1: Access to West Burton 1 from A1500; Change 2: Cable Corridor Widening, Stow Park; Change 3: West Burton 3 Railway Crossing; Change 4: Visibility splay at West Burton Cable Route Corridor Access AC110; and Change 5: Access to West Burton Power Station from Gainsborough Road. We have the following comments to make on the application in the light of these changes: The proposed extension to the development scheme now passes very close to or even above an authorised landfill site. This is on sheet 7 of 10 of the Land Plan Revision B (January 2024) (Document CR1/WB2.2_B). The details of the landfill site as are follows: • West Bank of River Trent British Waterways, ref: EA/EPR/AP3297FZ, category A06 Landfill taking other wastes, NGR SK8270581479. The developer must ensure that effects from and to this landfill are considered in the development of the scheme. Any interactions with the landfill must be discussed with the operator of the permit. In addition, applicable to the whole scheme, we have the following advice to offer: The application does not require a Part A permit under ‘The Environmental Permitting (England and Wales) Regulations 2016’. To add to the comments about the landfill site above, if any other part of the development is near to another existing activity Permitted by the Environment Agency it could result in environmental impacts to the development e.g. odour, noise, dust and pest. The severity of these impacts will depend on relevant local factors e.g. the size of the facility, the nature of the activities or prevailing weather conditions. Planning policy requirements (Paragraph 193 of the National Planning Policy Framework) state that new development should integrate effectively with existing businesses and not place unreasonable restrictions upon them. Where the operation of an existing permitted facility could have significant adverse effects on new development (including changes of use), the applicant should be required to provide suitable mitigation for these effects. Mitigation can be provided through the design of the new development to minimise exposure to the neighbouring of the permitted facility and/or through financial contributions to the operator of the facility to support measures that minimise impacts. Environmental Permitting Regulations require operators to demonstrate that they have taken all reasonable precautions to mitigate impacts of their operations. This is unlikely to eliminate all emissions and there is likely to be residual impacts. In some cases, these residual impacts may cause local residents concern. There are limits to the measures that the operator can take to prevent impacts to residents. Consequently, it is important that planning decisions take full account of paragraph 193 of the NPPF. When a new development is built near to an existing permitted facility this does not automatically trigger a review of the permit. Water discharges The developer needs to be aware that no discharges, other than uncontaminated surface water, may be discharged to either surface or groundwater without the benefit of an environmental permit. Measures should be considered to minimise the risk of pollution, particularly relating to sedimentation of surrounding watercourses. These apply both during the development and operational phases of the proposal. Regulations for batteries and waste Battery Energy Storage Systems (BESS) have the potential to pollute the environment. Applicants should consider the impact to all environmental receptors during each phase of development. Particular attention should be applied in advance to the impacts on groundwater and surface water from the escape of firewater/foam and any contaminants that it may contain. Suitable environmental protection measures should be provided including systems for containing and managing water run-off. The applicant should ensure that there are multiple ‘layers of protection’ to prevent the source-pathway-receptor pollution route occurring. Further Government guidance on considering potential risks of BESS in planning applications is available online from the Gov.uk website. Energy storage will play a significant role in the future of the UK energy sector. Effective storage solutions will benefit renewables generation, helping to ensure a more stable supply and give operators access to the Grid ancillary services market. The National Grid's Enhanced Frequency Response programme will provide a welcome catalyst for a significant level of battery storage deployment in the UK. Currently, DEFRA does not consider the need to regulate the operation of battery energy storage systems (BESS) facilities under the Environmental Permitting Regulations regime. However, an important factor that can be overlooked by parties involved in new battery storage projects or investing in existing projects is that battery storage falls within the scope of the UK's producer responsibility regime for batteries and other waste legislation. This creates additional lifecycle liabilities which must be understood and factored into project costs, but on the positive side, the regime also creates opportunities for battery recyclers and related businesses. Operators of battery storage facilities should be aware of the Producer Responsibility Regulations. Under the Regulations, industrial battery producers are obliged to: • take back waste industrial batteries from end users or waste disposal authorities free of charge and provide certain information for end users; • ensure all batteries taken back are delivered and accepted by an approved treatment and recycling operator; • keep a record of the amount of tonnes of batteries placed on the market and taken back; • register as a producer with the Secretary of State; • report to the Secretary of State on the weight of batteries placed on the market and collected in each compliance period (each 12 months starting from 1January). Putting aside the take back obligations under the producer responsibility regime, batteries have the potential to cause harm to the environment if the chemical contents escape from the casing. When a battery within a battery storage unit ceases to operate, it will need to be removed from site and dealt with in compliance with waste legislation. The party discarding the battery will have a waste duty of care under the Environmental Protection Act 1990 to ensure that this takes place. The Waste Batteries and Accumulators Regulations 2009 also introduced a prohibition on the disposal of batteries to landfill and incineration. Batteries must be recycled or recovered by approved battery treatment operators or exported for treatment by approved battery exporters only. Many types of batteries are classed as hazardous waste which creates additional requirements for storage and transport. Should you require any additional information or wish to discuss these matters further at this stage, please do not hesitate to contact me via the contact details given above.