Advice to Bircham Dyson Bell
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- From
- Bircham Dyson Bell
- Date advice given
- 15 October 2012
- Enquiry type
- Post
Letter from Bircham Dyson Bell on behalf of Network Rail with regard to whether gas pipe-line diversions constitute an NSIP
Advice given
Having reviewed the papers on this, we think that the approach suggested by Network Rail (NR) in this case, and your proposed wording regarding this in the draft DCO and EM, is generally acceptable. Our only comments on this proposed approach are:-
We think that NR will need to give careful consideration to how they describe the project in their pre-application, statutory and other, consultation/ publicity given the relative technical and legal complexities of what is being proposed in relation to consenting the pipeline relocation/construction. This will particularly be the case in relation to s.47 consultation and s.48 publicity, as it is important at the pre-application stage for local residents to fully understand the project to be able to comment on the proposals.
In the letter, NR note that they consider the project as a whole is EIA development. However, NR are not in a position to conclude whether the pipeline relocation/construction element of the project alone would be likely to have a significant effect on the environment. Therefore, on a precautionary basis, it may be advisable for the likely environmental impacts of the pipeline relocation/construction works to be assessed as part of the EIA for the project as a whole, and for this to be included in the Environmental Statement submitted with the application.