Advice to Hyder Consulting
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- From
- Hyder Consulting
- Date advice given
- 7 November 2011
- Enquiry type
I am particularly interested in understanding the process of decommissioning and how this might be dealt with within the context of an IPC DCO. From my reading of the regulations/guidance I can find no specific reference to it as the emphasis appears to be on project implementation. I would therefore be grateful for your understanding of the situation.
My assertion would be that within the timelines of a normal IPC development little detail is likely to be known around the future decommissioning of the project at the time of application. Presumably therefore it would be incumbent on the IPC to include specific requirements as part of the consent order if it was felt appropriate and for these to be discharged in due course via the IPC.
Alternatively, when details of decommissioning are unknown until some point in the future, these presumably could form part of a future DCO where ‘development’ is involved eg site restoration, access etc unless of course this comprises Associated Development, which in a Wales context would be the subject of a T+CP application to the relevant LPA.
Clarification on whether the IPC is mandated to maintain a role in future decommissioning works and the process by which this might be undertaken wouId be welcome.
Advice given
Thank you for your query relating to decommissioning.
When seeking development consent, the level of detail on decommissioning will vary from case to case. The National Policy Statements (NPSs) EN1-EN6 provide the assessment principles relating to decommissioning for different infrastructure. Applications which are granted under the Planning Act 2008 may be subject to other consenting regimes at a later stage, for example the NPS for Renewable Energy Infrastructure (EN-3) states that: ' Where the IPC decides to grant consent for a proposed offshore wind farm, the IPC should include a condition requiring the applicant to submit a decommissioning programme to the Secretary of State before any offshore construction works begin. The decommissioning programme must satisfy the requirements of s.105(8) of the Energy Act 2004 .' (para 2.6.54) In general terms, if a proposal is an environmental impact assessment (EIA) development, decommissioning should be considered within the Environmental Statement (ES). The Overarching NPS EN-1 states that; ' ... the ES should cover the environmental, social and economic effects arising from pre-construction, construction, operation and decommissioning of the project.' (para 4.2.3)
In line with the NPS, the IPC encourages matters of decommissioning to be considered throughout the ES. The Environmental Impact Assessment (EIA) should consider:
environmental impacts during construction works environmental impacts on completion/operation of the development where appropriate, environmental impacts a suitable number of years after completion of the development (for example, in order to allow for traffic growth or maturing of any landscape proposals), and during decommissioning.
The IPC acknowledges that the further into the future any assessment is made, the less reliance is likely to be placed on the outcome in terms of detail. However, the purpose of such a long term assessment is to consider such aspects as decommissioning and also to encourage early consideration of matters such as how structures can be re-powered or taken down as the case may be. The purpose of this is to seek to minimise disruption, to re-use materials and to restore the site or put it to a suitable new use.
Any requirements within a DCO will be unique to the project however it may be worth drawing your attention to the Rookery South Energy from Waste DCO which was recently granted by the Commission. Appendix D of the decision notice (see link below) details the approved DCO which includes a requirement relating to decommissioning.
Requirement 29(4) states that:
'prior to any demolition of the authorised development demolition details must be submitted to [the relevant local authority] for approval in writing.'
It is also worth noting that the term "maintain" used throughout the DCO is interpreted to include maintain, inspect, repair, adjust, alter, remove, clear, refurbish, reconstruct, decommission, demolish, replace and improve.
I hope this information is of use. Should you have any further queries do not hesitate to contact me.