Representation by Lincolnshire County Council (Lincolnshire County Council)
- Date submitted
- 12 January 2024
- Submitted by
- Local authorities
Dear Sir/Madam Planning Act 2008 (as amended) – Section 55 Application by Chrysaor Production (UK) Limited Development Consent Order for Viking CCS Relevant Representations Following the Planning Inspectorate’s confirmation that the above project has been accepted as an application for a Development Consent Order (DCO) to construct an onshore underground pipeline, Lincolnshire County Council (LCC), as a host authority, request to be registered as an Interested Party at the Examination. Following an initial review of the DCO application material, this letter provides a summary of the issues which LCC currently agrees/and or disagrees with together with an appropriate explanation in accordance with Planning Inspectorate note 8.3. The comments/view expressed in this representation therefore are made without prejudice to a detailed assessment of the examination documents and we reserve the right to raise any further matters/issues at a later stage and as part of our Local Impact Report (LIR) and subsequent Written Representations. In summary an outline of the principal topics which LCC intends to address in relation to the application during the examination will cover the following: • Minerals and Waste – as Minerals and Waste Planning Authority; • Historic Environment (Archaeology); • Highways and Transportation – as Local Highway Authority for Lincolnshire; • Surface Water, Flooding and Drainage – as Lead Local flood Authority for Drainage; • Public Rights of Way; • Landscape and Visual; • Ecology; • Agriculture and soils; • Socio-economics; • Health and Well-being; and • Cumulative effects. Minerals and Waste The DCO site boundary does not affect any safeguarded mineral resources in the LCC administrative boundary and the Council therefore has no mineral safeguarding objections to the application. However, it should be noted that the Theddlethorpe Facility Option 1 site is located on land that benefits from a number of extant mineral planning permissions associated with the former Theddlethorpe gas terminal. There are conditions associated with these planning permissions requiring restoration of the land back to agricultural use that have not to date been complied with. The DCO, if granted, would conflict with these restoration requirements. The Council will therefore make further comments on the impact of the development on these requirements in the LIR. The Council has reviewed Chapter 18: Materials and Waste of the Environmental Statement (ES) and at this stage has the following comments to make. The Council will have some points of detail in relation to 1) the Study Area, 2) Landfill Capacity (noting that 2021 data has been used rather than 2022 data which is available) and 3) Potential Impacts and Assessment effects, in particular the absence of material by material assessment. These will be picked up in the LIR and through discussions with the Applicant. Historic Environment (Archaeology) On the whole the Council is satisfied that the submitted documents in respect of archaeology, for the most part, have been undertaken to a high standard and provide the necessary baseline evidence to move forward. There are a few areas of concern such as the desk based assessment (DBA) being limited to a 500m search of the Historic Environment Record (HER) rather than the 1km which was promised in the scoping documents, no LiDAR included in the AP/LiDAR assessment figures, geophys starting out at half the width of the pipeline corridor and the results are yet to be submitted. However, we are very pleased to see a robust programme of trenching has been included in the Written Scheme of Investigation (WSI) and would only advise that the number of trenches be increased to compensate in those areas where geophysical survey has not been undertaken. Regarding the Archaeological WSI, section 8.1.2 states that ‘Following acceptance of the programme by the Consultant and the Client and approval of the WSI, the Archaeological Contractor shall mobilise to Site (subject to clearance from environmental disciplines and approval from the Client’s lands liaison team and landowners).’ This should include ‘and approved by the Local Planning Authorities (LPAs).’ The trenching programme should be undertaken as part of the application process, the results of which are required to inform the mitigation strategy, rather than post consent. Highways and Transportation The Highway Authority has reviewed Chapter 12 of the ES – Traffic and Transport and provided the following comments at this stage. The trip generation and distribution numbers seem appropriate for this type of development and results in % increases of generally less than 10% on most links, this is within the daily variation and would not be a concern in terms of highway capacity or safety. Some links would incur higher % increase, but these are links with existing low baseline flows, the increase in vehicle numbers would not generally be a concern in capacity or safety terms. However, at ATC 66 and 67 – Red Leas Lane and Pick Hill Lane – both these are narrow (3m) lanes and vehicles have to pass at house/field accesses or on the verges. Given that the increases on these links are over 30% and the roads are not really suitable for significant 2-way traffic flows it is therefore recommended that some passing places are provided, unless it can be demonstrated that they would not be required Similarly, ATC 10, thoroughfare is another single tracked road with a significant increase (over 40%) in vehicle numbers and passing places should be provided, as suitable mitigation, unless it can be demonstrated that they would not be required. Surface Water, Flooding and Drainage The Flood Risk Assessment (ES Vol 4, App. 11.5) considers surface water flood risk in Section 5.7 to 5.9 and outlines some mitigation measures that may be necessary during the construction phase, these seem appropriate. Agricultural Land Use The potential impacts on Best and Most Versatile (BMV) agricultural land in respect of this scheme and cumulatively with other projects that are emerging/known about in Lincolnshire will be raised in the LIR and written submissions. It is noted that the calculations of BMV agricultural land is based on existing published data and no new site survey data has been obtained to inform the assessment. The development would result in the loss of use and disturbance to large areas of BMV agricultural land during the construction phase, albeit for the most part short term. Long term (permanent loss) would also occur in areas proposed for block valve stations and at the Theddlethorpe Facility (Option 2) location. There is also potential for disturbance during the decommissioning phase. It is therefore imperative that good practice and mitigation measures are put in place to protect the soil resources during these periods and to ensure that the land is restored to agricultural use without any degrading of land quality. The applicant’s Soil Management Plan, designed to minimise the impact of the development on soils, is therefore welcomed. The Council raises concern about the potential for permanent loss of BMV land should the Theddlethorpe Option 2 site be brought forward, the impact of which is assessed in the ES Chapter 10 as Minor Adverse, whereas the Option 1 site in its current unrestored condition, would not result in the loss of BMV land, notwithstanding the restoration requirements on the extant mineral planning permissions. The loss of BMV agricultural land and the cumulative loss with other developments, stated in chapter 10, para 10.10.11 to potentially result in a Major impact resulting in a significant effect, as a worst case scenario, will be considered further in the Council’s LIR and written submissions. Socio-economics The Council has reviewed Chapter 16: Socio Economics of the ES. Based on the Economic Impacts section of the Socio Economics chapter. What is considered and the assessment methodology appears reasonable. The section acknowledges a realistic leakage and displacement figure and the multiplier that has been used for GVA impact may be a little high and the labour market catchment assumption (90% of national employees commute under 60 mins) does not apply so well to rural locations. It is also felt that some businesses could lose some trade due to the impacts of the line being installed, which appears not to be captured accurately within the documentation. It is acknowledged and welcomed that a skills, employment and supply chain plan will be developed by the contractor with the North Lincolnshire Council, North East Lincolnshire Council, East Lindsey and West Lindsey; however, Lincolnshire County Council would also welcome the opportunity to be involved. Although what is included in the ES looks reasonable, the Council would also be keen to see benefits to the local communities and economy in the vicinity of the pipeline explored further. Public Rights of Way, Landscape and Visual, Ecology and Biodiversity and Public Health The Council will make any relevant comments in the LIR and written submissions. Cumulative Impacts There are a number of other potential NSIP proposals coming forward that the Council are aware of in the East Lindsey District area. Whilst the timings of these proposals coming forward and precise locations is not yet fully understood there is potential for a cluster of NSIP developments in the area, the combined impacts of which could be significant, particularly in respect of amenity for the communities affected and on the sensitive coastal environment, over long periods of time. The Council will therefore make further comments on the potential cumulative impact of the development with other NSIP proposals in the LIR and in written representations as further information on the other projects comes forward. Draft Development Consent Order At this stage the Council reserves its position on the relevant parts of the draft DCO including the proposed requirements which are likely to be needed, to be amended or added to as the examination progresses. The Council will review the draft DCO to ensure that LCC’s role is sufficiently recognised as a discharging authority in relation to relevant requirements and that LCC’s role as Highway Authority is appropriately referred to within the draft DCO in relation to any proposed highway works or traffic regulation measures. The Council wishes to participate in any Issue Specific Hearing in relation to the drafting of the DCO. In conclusion the Council looks forward to working with the applicant and the Planning Inspectorate as the project progresses through the DCO process and welcomes the opportunity to comment on matters of detail throughout the examination. Yours faithfully Justine Proudler for Neil McBride Head of Planning