Abernedd Power Station Project

Transcription

1 21 Garlick Hill, London, EC4V 2AU T: F: E: W: dwdllp.com Abernedd Power Station Project Schedule 1 - Compliance with Regulation 3 Content of variation applications of The Electricity Generating Stations (Variation of Consents) (England and Wales) Regulations 2013 (1) A variation application must - (a) Be made in writing; The Variation Application is made under section 36C of the Electricity Act 1989 (the 1989 Act ) on behalf of Abernedd Power Company Ltd (the Company or the Applicant ) in writing, including the following documents: 1. An Application Letter dated 8 August 2016 (Document 1); 2. Schedule 1 - Compliance with regulation 3 Content of variation applications of The Electricity Generating Stations (Variation of Consents) (England and Wales) Regulations 2013 (the 2013 Regulations ) demonstrating how the Variation Application complies with regulation 3 (Document 2); 3. Schedule 2 - Consultees listing those bodies and organisations consulted prior to the submission of the Variation Application (Document 3); 4. the section 36 consent and deemed planning permission dated 23 February 2011 (the Original Consent ) (Document 4); 5. a track change version of the Original Consent showing the proposed changes (the proposed Variation Consent ) (Document 5); 6. Site Location Plan, Plan ref: ABERNEDD_000_Site Location Plan showing the location of the Application Site (the Site) (Document 6); 7. Application Site Boundary (red line) Plan, Plan ref: ABERNEDD_001_Site Plan showing the extent of the Site (Document 7); 8. Indicative OCGT Option Plant Layout Plan, Plan ref: ABERNEDD_002_OCGT Plant Layout showing the indicative layout of the Proposed Development - OCGT Option (Document 8); 9. Indicative OCGT Plant Layout Plan & Building Elevations, Plan Refs: LY ELEV Rev R0, 01-Rev R0, 02-Rev R0, 03-Rev R0 & 04- Rev R0 showing indicative elevations for the Proposed Development - OCGT Option 1

2 (Document 9); 10. Abernedd Power Station Environmental Statement Addendum, dated 8 August 2016 (the ES Addendum (Document 10); 11. Abernedd Power Station Planning, Design and Access Statement, dated August 2016 (the PDAS ) (Document 11); 12. Abernedd Power Station Consultation Statement, dated August 2016 (Document 12); and 13. the Original Consent application documents, including the Environmental Statement dated 27 August 2008 (the 2008 ES ) (Document 13). (b) describe the location of the proposed development by reference to a map; The location of the proposed development (the Proposed Development - CCGT Option and the Proposed Development - OCGT Option is shown edged red on the Site Location Plan, Plan ref: ABERNEDD_000_Site Location Plan (Document 6) as described in Chapter 2 of the ES Addendum, section 2.2 (Document 10) and Section 2 of the PDAS (Document 11). (c) state why it is proposed that the relevant section 36 consent should be varied; (ii) what account has been taken of views expressed by persons who have been consulted by the applicant about the proposed variation; The Application Letter (Document 1) states why it is proposed that the Original Consent should be varied to provide the Applicant with the option of being able to deploy either a CCGT generating station of up to 870 megawatts ( MW ) or an OCGT unit of up to 299 MW at the Site. The Applicant s decision to seek the Variation Consent is in the main the result of the challenging market conditions being faced in the UK in terms of bringing forward CCGT developments. Furthermore, due to the decline in fossil fuel power generation, notably from coal, the UK is becoming increasingly reliant on renewable energy. As renewable generating stations (most notably wind farms) are intermittent in nature, it is necessary to ensure that there is infrastructure in place which is able to respond to fluctuations in supply. OCGT generating stations are well suited to this, having the capability to start up rapidly, thus being able to respond to peaks in electricity demand and fluctuations in supply. An OCGT generating station at the Site would therefore make a positive contribution to the security of national energy supply and provide much needed back-up to the UK s generation fleet. The reasons for the Variation Application are explained further 2

3 in Chapter 1 of the ES Addendum (Document 10) and Section 1 of the PDAS (Document 11). (ii) The Applicant has met with the Department of Business, Energy and Industrial Strategy ( BEIS ), Neath Port Talbot County Borough Council ( NPTCBC or the Council ) and Natural Resources Wales ( NRW ) to discuss the Variation Application. The Applicant has also consulted BEIS, the Council, NRW and the other bodies listed in Schedule 2 Consultees (Document 3) on the scope of the ES Addendum (letters accompanied by an Environmental Scoping Note were sent to consultees on 4 July 2016). In addition, the Applicant has consulted with the local community (letters were sent to 7,491 addresses in Baglan, Briton Ferry and Sandfields West in late June 2016 and public exhibitions were held on 5 and 6 July 2016). The Consultation Statement (Document 12) describes the consultation that has been undertaken and provides a summary of what account has been taken of the views expressed by persons who have been consulted about the Variation Application. (d) include a draft of the variations which the applicant proposes should be made to the relevant section 36 consent; and The proposed variations to the Original Consent are described in the Application Letter (Document 1), Section 2 of the PDAS (Document 11) and are produced in full within Document 5, which comprises the Original Consent with the proposed variations to the description of development and the conditions shown as tracked changes. (e) (ii) copies of any maps or plans not referred to in the relevant section 36 consent but which the applicant proposes that the relevant section 36 consent should refer to after it is varied; and if the application relates to an offshore generating station, identify which of the bodies referred to in paragraph (b) of the definition of relevant (ii) It is requested that the section 36 consent, if varied, refers to the new Site Plan, Plan ref: ABERNEED_001_Site Plan. A copy of this plan is provided as part of the Variation Application (Document 7). The Variation Application does not relate to an offshore generating station. Regulation 3(1)(e) is not therefore relevant. 3

4 planning authority in regulation 2(1) are, in the applicant s opinion, likely to have an interest in the variation application. (2) A variation application must include particulars of - (a) the relevant section 36 consent, and, if that consent was not granted to the applicant, how the applicant has the benefit of that consent; Abernedd Power Company Limited is applying to the Secretary of State ( SoS ) for BEIS to vary the Original Consent granted on 23 February 2011 under section 36 of the 1989 Act. A copy of the Original Consent (Document 4), along with the original application documents (Document 13), is provided as part of the Variation Application. The Original Consent was granted to the Applicant, Abernedd Power Company Limited, and the Applicant retains the benefit of the Original Consent. (b) (c) (d) where the appropriate authority is the Secretary of State, any section 90 direction given on granting the relevant section 36 consent; any permit, licence, consent or other authorisation (other than the relevant section 36 consent) given in connection with the construction or operation of the proposed development (a relevant authorisation ), including any variation or replacement of a relevant authorisation; and any application that has been made for a relevant authorisation or variation of a relevant authorisation. The section 90 direction that forms part of the Original Consent is provided as part of the Variation Application (Document 4). The Applicant is not aware of any permit, licence, consent or other authorisation that has been given in connection with the Original Consent or any variation of a relevant authorisation. The Applicant has not submitted any application for a relevant authorisation or variation of a relevant authorisation. The Applicant is, however, aware that an Environmental Permit will be required for any generating station that is constructed and operated at the Site and will apply for this (and any other relevant authorisations that may be required) at the appropriate time. (3) Where the appropriate authority is the Secretary of State and the applicant requests the Secretary of 4

5 State to make a section 90 direction on varying the relevant section 36 consent, the application must- (a) identify the section 90 development in respect of which that request is made and describe its location by reference to a map; Abernedd Power Company Limited is applying to the SoS under section 36C of the 1989 Act to vary the Original Consent granted on 23 February 2011 and for the variation of a direction under section 90(2ZA) of the 1990 Act in respect of the existing deemed planning permission for a CCGT generating station of about 870 MW, known as Abernedd Power Station. The new Site Plan, Plan ref: ABERNEDD_001_Site Plan (Document 7) shows the location and extent of the site for the section 90 development in respect of which the variation request is made. A copy of this plan is provided as part of the Variation Application (Document 7). The Application Site Boundary shown on the Site Plan includes all of the land required for the Proposed Development - CCGT Option. The Indicative OCGT Option Plant Layout Plan Ref. no: ABERNEDD_002_OCGT Plant Layout (Document 8) shows the indicative plant layout for the Proposed Development - OCGT Option. The OCGT Option has a smaller footprint than the CCGT Option. (b) state why it is proposed that the direction should be made; and (ii) what account has been taken of views expressed by persons who have been consulted by the applicant about the proposed direction; and The response to regulation 1(c) above (Application Letter - Document 1) explains the rationale for the Variation Application. It is requested that the SoS issue a direction under section 90(2ZA) of the 1990 Act to vary the deemed planning permission dated 23 February 2011 in order that the planning conditions contained within it take account of the variations being sought to the Original Consent, notably, that the Applicant has the option of being able to deploy an OCGT generating station of up to 299 MW at the Site. (ii) As confirmed in the response to regulation 1(c)(ii) above, the Applicant has consulted with the Department for BEIS, the Council, NRW, the highway authority, CADW and the Welsh Government, amongst others, in addition to the local community in respect of the Variation Application. The Consultation Statement (Document 12) describes the consultation that has been undertaken and provides a summary of what account has been taken of the views expressed by persons who have been 5

6 consulted about the Variation Application. (c) Include a draft of the proposed direction; and (ii) copies of any maps or plans to which it is proposed that the section 90 direction should refer which are not A draft of the proposed variation to the section 90 direction is provided within Document 5, which forms part of the Variation Application. This comprises the Original Consent with the proposed variations, including those to the section 90 direction, shown as tracked changes. (ii) There are no new maps or plans to which the section 90 direction, as varied, should refer. (aa) referred to in the relevant section 36 consent or any section 90 direction given on granting the relevant section 36 consent; or (bb) included in the application in accordance with paragraph (1)(d)(ii). (4) If, under the EIA Regulations as modified by regulation 7, an environmental statement has been prepared, or is required to be prepared, in relation to the proposed development, the environmental statement must accompany the application. The Applicant considers that the assessment of the likely significant effects of the Original Consent on the environment set out within the 2008 ES remains robust. However, in accordance with The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 (the EIA Regulations ), as modified by Regulation 7(6)(a) and (b) of The Electricity Generating Stations (Variation of Consents) (England and Wales) Regulations 2013 (the 2013 Regulations ), the Variation Application includes an addendum to the 2008 ES (the ES Addendum ) dated 8 August The ES Addendum provides the following: an assessment of the likely significant environmental effects of the Proposed Development -CCGT Option where these would differ from those set out within the ES dated 27 August 2008 by taking account of any material changes to the 2008 baseline, including any changes in policy or assessment criteria; 6

7 (ii) (iii) (iv) (v) an assessment of the likely significant environmental effects of the Proposed Development - OCGT Option; an assessment to identify the differences in the likely significant effects of the Proposed Development - CCGT and OCGT Options from the likely significant effects of the Consented Development; an updated assessment of cumulative effects taking account of relevant planned and consented projects that have been advanced since the 2008 ES was finalised; and a non-technical summary of the above. The Variation Application also includes the documents listed in the response to regulation 1(a). 7