Representation by National Gas Transmission Plc (National Gas Transmission Plc)
- Date submitted
- 12 January 2024
- Submitted by
- Other statutory consultees
Relevant Representation of National Gas Transmission Plc in respect of the Viking CCS Pipeline DCO This relevant representation is submitted on behalf of National Gas Transmission Plc (“NGT”) in respect of Chrysaor Production (UK) Limited’s Viking CCS Development Consent Order (“Viking CCS DCO”). NGT’s Status under the Planning Act 2008 (“PA 2008”) NGT owns and operates the national gas network which provides the backbone of Britain’s energy system and is working to play a leading role in the transition to a clean energy future to support the transition to net zero. NGT’s undertaking is therefore nationally significant infrastructure in its own right. NGT is a statutory undertaker for the purposes of PA 2008. As such, section 127(2) and (5) of PA 2008 provide that any order granting development consent for the Viking CCS DCO may only include provision authorising the compulsory acquisition of NGT’s land or rights therein if this can be done without serious detriment to the carrying on of NGT’s undertaking (whether by the provision of replacement land or otherwise) or any detriment in consequence of the acquisition of a right can be made good. NGT’s Land at Theddlethorpe NGT owns land at Theddlethorpe in Lincolnshire that extends to some 125 Ha. This was acquired, and is currently needed, for NGT’s own operational purposes. It is land earmarked to be used, subject to all the necessary consents and approvals, as an energy hub to include hydrogen production. Negotiations relating to certain land parcels for hydrogen production, including parcels within the proposed Viking CCS DCO Order limits, are at an advanced stage with Mablethorpe Flexible Generation Limited, a company within the Statera Energy Limited group. In addition to being required for NGT’s operational purposes, the Theddlethorpe site offers a prime and premium location as an energy hub as a result of: • its access to strategically important pipelines for CCS (or other similar) purposes; • direct connectivity to NGT’s NTS apparatus for transmission of both natural gas and hydrogen; • it being a large, in part previously developed, land parcel with a history of energy uses; • it being immediately adjacent to the coast with the resulting offshore wind, interconnector and other opportunities that are available, including convenient access to water for desalination and cooling. NGT submits that this makes Theddlethorpe a highly significant economic asset that is of national importance. It is therefore vital that it is used as efficiently and productively as possible. This means that development proposals at Theddlethorpe should minimise the amount of land acquired as far as possible in order to avoid unnecessarily limiting the potential for the development of additional schemes in the future. This is an important factor that should be given significant weight when determining whether a compelling case in the public interest exists for the compulsory acquisition of land at Theddlethorpe. Protection of NGT Gas Apparatus As a responsible statutory undertaker, NGT is concerned to meet its statutory obligations and ensure that any development does not impact in any adverse way upon those statutory obligations. As such, NGT has a duty to protect its position in relation to infrastructure and land which is within or in close proximity to the draft Order Limits. NGT’s rights to retain its apparatus in situ and rights of access to inspect, maintain, renew and repair such apparatus located within or in close proximity to the Order Limits must be maintained at all times and access to inspect and maintain such apparatus must not be restricted. NGT will require protective provisions to be included within the draft Development Consent Order (the “Order”) for the Project to ensure that its interests are adequately protected and to ensure compliance with relevant safety standards. NGT is liaising with the Applicant in relation to such protective provisions, along with any supplementary agreements which may be required. NGT requests that the Applicant continues to engage with it to provide explanation and reassurances as to how the Applicant’s works pursuant to the Order (if made) will ensure protection for those NGT assets which will remain in situ, along with facilitating all future access and other rights as are necessary to allow NGT to properly discharge its statutory obligations. NGT will continue to liaise with the Applicant in this regard with a view to concluding matters as soon as possible during the DCO Examination and will keep the Examining Authority updated in relation to these discussions. Summary of NGT’s Position NGT seeks the following: • appropriate protective provisions in the DCO for its pipeline network and associated apparatus, including compliance with relevant standards for works proposed within close proximity; • adequate rights of access, including to lay, inspect, maintain, renew and repair pipelines, cables and apparatus over and across their own property. • the retention of as much of its freehold land at Theddlethorpe as possible, with flexibility to be able to progress plans to establish an energy hub to include facilities for the production, storage and transmission of hydrogen. Whilst there has been a lengthy period of dialogue with the Applicant, NGT remains concerned that the Applicant’s approach and current DCO proposals do not safeguard NGT’s interests and, inter alia, they: • include an excessive amount of land within the Order Limits, thereby adversely and unnecessarily affecting substantially more of NGT’s Theddlethorpe site than is necessary to deliver the Applicant’s scheme; • involve the permanent acquisition of an excessive parcel of land within the centre of NGT’s Theddlethorpe property, which will sterilise and adversely affect NGT’s future use and the clean energy and other opportunities available for their surrounding land; • involve the re-use of NGT’s pipework located within the former Viking Terminal meaning such pipework is not available for alternative energy uses; • includes the temporary use in the form of the “Southern Construction Compound” of NGT’s surfaced car park meaning this is unavailable for NGT’s own or other uses, including access, for the whole of the relevant period; • involve the permanent acquisition of the subsurface on an east / west alignment across a substantial part of NGT’s Theddlethorpe property, thereby sterilising the use and connectivity of NGT’s adjoining property where the taking of a pipeline easement would confer sufficient rights and protection whist facilitating development at the surface. This part of the Applicant’s DCO proposals would have such a significant adverse impact on the proposed development by Mablethorpe Flexible Generation Limited as to stop the development proceeding; • fail to provide the necessary protective provisions within the draft Order to ensure that NGT’s interests are adequately protected and to ensure compliance with relevant safety requirements. NGT will continue to liaise with the Applicant and seek to reach a satisfactory agreement. In the interim and to safeguard NGT’s operational and related interests, NGT OBJECTS to the application. NGT submits that, as matters currently stand, compulsory acquisition of its land or rights cannot be permitted without serious detriment to the carrying on of its undertaking, nor can any detriment be made good. Further, the excessive amount of land currently sought by the Applicant has the potential to stymie the future development of the Theddlethorpe site, with the attendant negative economic consequences. For this reason, no compelling case in the public interest can be made for the powers of compulsory acquisition the Applicant is seeking. NGT reserves the right to make further representations as a part of the Examination process and requests that the Examining Authority treat NGT as an Interested Party for the purposes of the Examination.