Representation by National Highways (National Highways)
- Date submitted
- 15 January 2024
- Submitted by
- Other statutory consultees
Viking CCS Pipeline Project (EN070008) SECTION 56 PLANNING ACT 2008: RELEVANT REPRESENTATION OF NATIONAL HIGHWAYS LIMITED NATIONAL HIGHWAYS LIMITED (“National Highways”) has been appointed by the Secretary of State for Transport as strategic highway company under the provisions of the Infrastructure Act 2015 as the highway authority, traffic authority and street authority for the Strategic Road Network (“SRN”). As such, National Highways are responsible for managing the SRN in accordance with the requirements of our statutory licence and in general conformity with the requirements of the Highways Act 1980, and to satisfy the reasonable requirements of road safety. This is the section 56 representation of National Highways provided in respect of Chrysaor Production (UK) Limited’s (“Applicant”) application for a Development Consent Order (“Order”) which seeks powers to enable the installation of a new 55 km (approx.) onshore underground pipeline from the point of receipt of dense phase CO2 at Immingham, through its transportation to facilities at TGT, and transportation from TGT through the existing LOGGS pipeline to Mean Low Water Spring together with associated infrastructure and ancillary works. National Highways objects to this application for the following reasons: 1. The DCO includes a number of provisions which authorise the interference with statutory powers belonging to National Highways and/or grant the Applicant powers over the SRN which would have significant safety implications if not properly and proportionately controlled through National Highways’ protective provisions. In addition it is noted that the Applicant proposes to carry out street works (within the meaning of the New Roads and Street Works Act 1991) beneath the SRN yet these works are not included in Schedule 3 of the draft DCO. 2. National Highways should be consulted to determine and agree the scope of the Transport Assessment. National Highways has concerns with regard to the vague approach undertaken to derive the traffic impact resulting from the construction phase of the Authorised Development; at this stage, the construction programme is approximate and has been developed for the purpose of estimating traffic flows. The transport impacts of proposed development should also be considered relative to national planning policies relevant to the SRN, particularly; DfT Planning Policy Paper, Circular 01/2022, The Strategic Road Network and the Delivery of Sustainable Development; and the National Highways guidance document - The Strategic Road Network: Planning for The Future. 3. The Applicant should provide certainty that a full Construction Traffic Management Plan and a Construction Workers’ Travel Plan will be submitted and agreed with National Highways prior to on-site works. As the relevant highway authority National Highways should have an approval role rather than merely being consulted. It is recommended that the Applicant identify the relationship between the proposed development and the emerging carbon capture plants, including identification of any cumulative impacts during the construction or operational phases. 4. The Authorised Development involves subterranean pipe crossings of the SRN however insufficient detail has been provided to identify the form of infrastructure required or the mechanism for delivery of such infrastructure. National Highways has significant concerns around safety in respect of such works and must fully understand the Applicant’s proposals to be able to meaningfully contribute to this examination. 5. In addition, the Book of Reference identifies numerous plots of land owned or occupied by National Highways for the purposes of its undertaking in respect of which compulsory acquisition powers are sought. To safeguard National Highways and the safety and integrity of the SRN, National Highways objects to Compulsory Powers being granted in respect of its land and interests. The Plots constitute land acquired by National Highways for the purpose of maintaining its statutory undertaking and, accordingly, this representation is made under section 56 and sections 127 and 138 of the Planning Act 2008. It is however noted that the Applicant has sort to address National Highways concerns in this regard by the inclusion of protective provisions, although not word for word the National Highways standard position. If it is the case that National Highways’ approval is required prior to any powers of compulsion being exercised then National Highways is satisfied that this would not result in serious detriment to the SRN. National Highways is prepared to withdraw its objection subject to the Applicant addressing its concerns and agreeing to the inclusion of the National Highways protective provisions (in the form found at Appendix 1 of this document which we will send via email) on the DCO. Whilst it is noted that the Applicant has included protective provisions for the benefit of National Highways in its application, these differ from the version that National Highways provided to the Applicant pre-application and no justification has been given for the deviation from National Highways’ standard provisions. National Highways reserves the right to produce additional grounds of objection to the Examining Authority, should it be necessary, as the examination progresses.