Lewis Jones - Planning Inspectorate · Lewis Jones From: Stephen Moore ... subs diary or affiliated...

1

Lewis Jones

From: Stephen Moore Sent: 16 October 2015 14:19To: Info KGSPSubject: KGSP Information days

Hi Just wondered if you could let me know which day your information day is on at Lach Dennis Village Hall. Your leaflet says Mon 20th Oct. Monday is 19th ?? Is it Mon or Tues? Mrs Moore

1

Lewis Jones

From: Janet Mayo <[email protected]>Sent: 15 October 2015 17:16To: Info KGSPSubject: Keuper Gas Storage project - redirection of the brine outfall at the previous INEOS

ChlorVinyls Site, Runcorn

Dear Sir/Madam We have an interest in the above project and notably in understanding what assessment has been undertaken on the impact on the Weston Canal from redirecting the outfall directly into the estuary. There are a number of other effluent outfall which discharge into the canal downstream of the brine outfall and we are interested in understanding if there has been an assessment of the potential impact on the flows along the canal to the River Weaver and onwards to the estuary and whether this could materially affect future discharge limits? Regards

Janet Mayo SHE and Regulatory Manager Mexichem United Kingdom janet.mayo@Mex chem.com

Phone: +44 (0)1928 51 4668 www.mexichemfluor.com

The contents of this e-mail and attachments, if any, is privileged and confidential intended for the use of the addressee(s), therefore, its use, printing, reproduction, retransmission, or unauthorized disclosure of part or all of its content is forbidden. If you receive this mail in error, we kindly request you to notify the sender thereof immediately, and to delete the e-mail and the attachments. Mexichem, S.A.B. de C.V. and/or any of ts controlling, subs diary or affiliated companies (Mexichem), will not enter into any kind of contract, in whole or in part, by means of electronic media, and there will be no binding contract, unless, and until, there is a written agreement containing all terms duly signed and executed by an attorney-in-fact of Mexichem.

1

Lewis Jones

From: Stirling, Vicky <[email protected]>Sent: 14 October 2015 14:26To: Info KGSPSubject: Section 42 - Keuper Gas Storage Project - NG ResponseAttachments: S.42 Consultation - Keuper Gas Storage Project - 12.10.pdf; NG Assets.pdf

Follow Up Flag: Follow upFlag Status: Flagged

Dear Sir/Madam Apologies for the delay in sending this to you and for having missed the consultation deadline. I refer you to the attached which is largely based on National Grid’s previous consultation response. Please note that I have received an email regarding progress of Protective Provisions and will progress this shortly. If you have any queries or wish to discuss any interactions with National Grid apparatus please don’t hesitate to contact me. In particular I would like to highlight that if any NG works are required as part of this scheme we request that appropriate land and consents are included within the application to accommodate these works. Kind Regards Vicky Vicky Stirling DCO Liaison Officer Land & Business Support, Network Engineering National Grid +44(0)1926 653746 +44(0)7747 671508 Please consider the environment before printing this email

This e-mail, and any attachments are strictly confidential and intended for the addressee(s) only. The content may also contain legal, professional or other privileged information. If you are not the intended recipient, please notify the sender immediately and then delete the e-mail and any attachments. You should not disclose, copy or take any action in reliance on this transmission. You may report the matter by contacting us via our UK Contacts Page or our US Contacts Page (accessed by clicking on the appropriate link) Please ensure you have adequate virus protection before you open or detach any documents from this transmission. National Grid plc and its affiliates do not accept any liability for viruses. An e-mail reply to this address may be subject to monitoring for operational reasons or lawful business practices. For the registered information on the UK operating companies within the National Grid group please use the attached link: http://www.nationalgrid.com/corporate/legal/registeredoffices.htm

National Grid house

Warwick Technology Park

Gallows Hill, Warwick

CV34 6DA

National Grid is a trading name for: National Grid is a trading name for:

National Grid Electricity Transmission plc National Grid Gas plc

Registered Office: 1-3 Strand, London WC2N 5EH Registered Office: 1-3 Strand, London WC2N 5EH

Registered in England and Wales, No 2366977 Registered in England and Wales, No 2006000

Keuper Gas Storage Project

c/o PPS Group

Hanover House

30-32 Charlotte Street

Manchester

M1 4FD

Land and Development Group

Vicky Stirling

DCO Liaison Officer

Network Engineering

[email protected]

Direct tel: +44 (0)1926 653746

SUBMITTED VIA EMAIL TO: [email protected]

www.nationalgrid.com

14 October 2015

Dear Sir/Madam,

S.42 – KEUPER GAS STORAGE PROJECT

This is a joint response by National Grid Electricity Transmission plc (NGET) and National Grid Gas plc

(NGG)

I refer to your letter dated 9th

September 2015 regarding the above proposed application. Having

reviewed the consultation documents, I would like to make the following comments:

National Grid infrastructure within or in close proximity to the proposed Order limits

National Grid Electricity Transmission (NGET)

NGET has two high voltage electricity overhead transmission lines which lie within the proposed

order limits. These lines form an essential part of the electricity transmission network in England

and Wales and details are as follows:

4ZF 275kV Overhead line – Fiddlers Ferry to Frodsham

ZO 400kV Overhead line – Daines to Deeside

In addition, NGET has an underground cable located within the order limits:

2 x 25kV Underground electricity cable – Frodsham to Weaver Junction

The following points should be taken into consideration:

National Grid’s overhead lines and underground cables are protected by a Deed of

Easement or Wayleave Agreement which provides full right of access to retain, maintain,

repair and inspect our asset

Statutory electrical safety clearances must be maintained at all times. Any proposed

buildings must not be closer than 5.3m to the lowest conductor. National Grid recommends

that no permanent structures are built directly beneath overhead lines. These distances are

National Grid house



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set out in EN 43 – 8 Technical Specification for “overhead line clearances Issue 3 (2004)

available at:

http://www.nationalgrid.com/uk/LandandDevelopment/DDC/devnearohl final/appendixIII/ap

pIII-part2

If any changes in ground levels are proposed either beneath or in close proximity to our

existing overhead lines then this would serve to reduce the safety clearances for such

overhead lines. Safe clearances for existing overhead lines must be maintained in all

circumstances.

The relevant guidance in relation to working safely near to existing overhead lines is

contained within the Health and Safety Executive’s (www.hse.gov.uk) Guidance Note GS

6 “Avoidance of Danger from Overhead Electric Lines” and all relevant site staff should

make sure that they are both aware of and understand this guidance.

Plant, machinery, equipment, buildings or scaffolding should not encroach within 5.3

metres of any of our high voltage conductors when those conductors are under their worse

conditions of maximum “sag” and “swing” and overhead line profile (maximum “sag” and

“swing”) drawings should be obtained using the contact details above.

If a landscaping scheme is proposed as part of the proposal, we request that only slow and

low growing species of trees and shrubs are planted beneath and adjacent to the existing

overhead line to reduce the risk of growth to a height which compromises statutory safety

clearances.

Drilling or excavation works should not be undertaken if they have the potential to disturb

or adversely affect the foundations or “pillars of support” of any existing tower. These

foundations always extend beyond the base area of the existing tower and foundation

(“pillar of support”) drawings can be obtained using the contact details above

National Grid Gas Transmission

National Grid Gas Plc has a high pressure gas transmission pipeline located within or in close

proximity to the proposed order limits. The high pressure gas transmission pipelines located within

this area are:

FM 21 - Warburton to Audley

FM 04 - Audley to Warburton (close proximity)

National Grid Gas Distribution

National Grid Gas Plc also has a number of gas distribution pipelines located within or in close

proximity to the proposed order limits:

High or Intermediate pressure (above 2 bar) Gas Pipelines and associated equipment

Low or Medium pressure (below 2 bar) gas pipes and associated equipment. (As a result it

is highly likely that there are gas services and associated apparatus in the vicinity)

Plans showing the location of these assets are enclosed.

National Grid house



CV34 6DA





Specific Comments – Gas Infrastructure

The following points should be taken into consideration:

National Grid has a Deed of Grant of Easement for each pipeline, which prevents the

erection of permanent / temporary buildings, or structures, change to existing ground

levels, storage of materials etc.

Pipeline Crossings:

Where existing roads cannot be used, construction traffic should ONLY cross the pipeline

at previously agreed locations.

The pipeline shall be protected, at the crossing points, by temporary rafts constructed at

ground level. The third party shall review ground conditions, vehicle types and crossing

frequencies to determine the type and construction of the raft required.

The type of raft shall be agreed with National Grid prior to installation.

No protective measures including the installation of concrete slab protection shall be

installed over or near to the National Grid pipeline without the prior permission of National

Grid.

National Grid will need to agree the material, the dimensions and method of installation of

the proposed protective measure.

The method of installation shall be confirmed through the submission of a formal written

method statement from the contractor to National Grid.

Please be aware that written permission is required before any works commence within the

National Grid easement strip.

A National Grid representative shall monitor any works within close proximity to the

pipeline to comply with National Grid specification T/SP/SSW22.

A Deed of Consent is required for any crossing of the easement

General Notes on Pipeline Safety:

You should be aware of the Health and Safety Executives guidance document HS(G) 47

"Avoiding Danger from Underground Services", and National Grid’s specification for Safe

Working in the Vicinity of National Grid High Pressure gas pipelines and associated

installations - requirements for third parties T/SP/SSW22.

National Grid will also need to ensure that our pipelines access is maintained during and

after construction.

Our pipelines are normally buried to a depth cover of 1.1 metres however; actual depth and

position must be confirmed on site by trial hole investigation under the supervision of a

National Grid house



CV34 6DA





National Grid representative. Ground cover above our pipelines should not be reduced or

increased.

If any excavations are planned within 3 metres of National Grid High Pressure Pipeline or,

within 10 metres of an AGI (Above Ground Installation), or if any embankment or dredging

works are proposed then the actual position and depth of the pipeline must be established

on site in the presence of a National Grid representative. A safe working method agreed

prior to any work taking place in order to minimise the risk of damage and ensure the final

depth of cover does not affect the integrity of the pipeline.

Excavation works may take place unsupervised no closer than 3 metres from the pipeline

once the actual depth and position has been has been confirmed on site under the

supervision of a National Grid representative. Similarly, excavation with hand held power

tools is not permitted within 1.5 metres from our apparatus and the work is undertaken with

NG supervision and guidance.

To view the SSW22 Document, please use the link below:

http://www2.nationalgrid.com/uk/Safety/library/

To download a copy of the HSE Guidance HS(G)47, please use the following link:

http://www.hse.gov.uk/pubns/books/hsg47.htm

Further information in relation to National Grid’s gas transmission pipelines can be accessed via

the following internet link:

http://www.nationalgrid.com/uk/LandandDevelopment/DDC/gastransmission/gaspipes/

Further Advice

We would request that the potential impact of the proposed scheme on National Grid’s

existing assets as set out above is considered in any subsequent reports, including in the

Environmental Statement, and as part of any subsequent application.

Where the promoter intends to acquire land, extinguish rights, or interfere with any of

National Grid apparatus protective provisions will be required in a form acceptable to it to

be included within the DCO.

Where any diversion of apparatus may be required to facilitate a scheme, National Grid is

unable to give any certainty with the regard to diversions until such time as adequate

feasibility and conceptual design studies have been undertaken by National Grid. Further

information relating to this can be obtained by contacting the email address below.

National Grid requests to be consulted at the earliest stages to ensure that the most

appropriate protective provisions are included within the DCO application to safeguard the

integrity of our apparatus and to remove the requirement for objection. All consultations

should be sent to the following: [email protected] as well as by post

to the following address:

The Company Secretary

National Grid house



CV34 6DA





1-3 The Strand

London

WC2N 5EH

In order to respond at the earliest opportunity National Grid will require the following:

Draft DCO including the Book of Reference and relevant Land Plans

Shape Files or CAD Files for the order limits

I hope the above information is useful. If you require any further information please do not hesitate

to contact me.

The information in this letter is provided not withstanding any discussions taking place in relation to

connections with electricity or gas customer services.

Yours sincerely

Vicky Stirling

(Submitted Electronically)

1

Lewis Jones

From: Dinnage, Louise <[email protected]>Sent: 12 October 2015 15:11To: Info KGSPSubject: KGSP - response to statutory consultation

Follow Up Flag: Follow upFlag Status: Flagged

Dear Sirs, Thank you for notifying us of the statutory consultation related to the Keuper Gas Storage project. We confirm that we are an interested party and would be grateful if you would keep us informed of the status of the project. We are unable to identify, from the documents supplied to date, the location of the proposed new boreholes/storage cavities in relation to existing boreholes/storage cavities in the area. However, we would remind you that some of those existing boreholes/storage cavities were used for the deposit of liquid industrial wastes in the past, and therefore the project will need to take account of this situation when preparing its detailed plans. Yours faithfully Louise Dinnage Legacy Manager Europe Legacy Asset Management

T +44 (0)207 932 9908 F +44 (0)207 932 9932 M +44 (0)7884 117603 E [email protected]

Akzo Nobel UK Ltd 26th floor Portland House Bressenden Place London SW1E 5BG www.akzonobel.com

Follow AkzoNobel online at www.akzonobel.com/followus ----------------------------------------------------------------------------------------- The information contained in this message, including any attachments, may be privileged and confidential and is intended only for the use of the individual and/or entity identified in the address of this message. If you are not an intended recipient, please notify the sender and delete and destroy this message, including any back-up copies. Please refer to www.akzonobel.com/legal-entities for further legal information regarding the sending entity if from the EU, Norway, Turkey, Ukraine or Switzerland. -----------------------------------------------------------------------------------------

Pinsent Masons LLP

3 Hardman Street Manchester M3 3AU United Kingdom

T +44 (0)161 234 8234 F +44 (0)161 234 8235 DX 14490 Manchester 2

Pinsent Masons LLP, a limited liability partnership registered in England & Wales (registered number: OC333653) authorised and regulated by the Solicitors Regulation Authority and the appropriate regulatory body in the other jurisdictions in which it operates. The word 'partner', used in relation to the LLP,

refers to a member of the LLP or an employee or consultant of the LLP or any affiliated firm of equivalent standing. A list of the members of the LLP, and of those non-members who are designated as partners, is displayed at the LLP's registered office:

30 Crown Place, London EC2A 4ES, United Kingdom. For a full list of our locations around the globe please visit our website: www pinsentmasons com

BY E-MAIL & POST Freepost RSKS-SBBEZ Keuper Gas Storage Project c/o PPS Group Hanover House Charlotte Street Manchester M1 4FD

Our Ref 56903622.3\bg04\656959.07000

Email: [email protected]

27 November 2014

Dear Sirs

THE KEUPER GAS STORAGE PROJECT (PROJECT) We act on behalf of Mr and Mrs Wildman ("Client") of Cross Lanes Farm, Drakelow Lane, Byley, Middlewich CW10 9NN ("Property"). Our Client's Property lies within the red line boundary of the Project and, as such, they are a consultee under Section 42 of the Planning Act 2008.

We are writing to OBJECT to the Project. The reasons for this objection are set out below and in our separate PEIR Response referred to below.

1. PEIR RESPONSE

1.1 We previously wrote to you on 31 October 2014 with our consultation response to your Preliminary Environmental Information Report ("PEIR") in relation to the Project ("PEIR Response"). No reply has been received to that letter and a further copy is enclosed for your ease of reference. In the absence of any response, we can only assume that the concerns raised in our PEIR Response have not been addressed and, as such, those concerns remain valid. For the avoidance of doubt, this letter together with the PEIR Response should be treated as our Client's formal response to the formal public notice pursuant to Section 48 of the Planning Act 2008.

1.2 As set out in our PEIR Response, our Client's Property is situated within the Main Assessment Area, as identified in the PEIR. We have previously submitted a marked-up plan showing the extent of our Client's Property in relation to the Main Assessment Area.

1.3 We note that part of this land (registered under Title Number CH374635 enclosed) has not been appropriately identified in the plans that you have provided to our Client in

56903622.3\bg04 2

relation to the Project. Whilst we appreciate that this parcel of land currently appears to be unaffected by the proposals, these are of course subject to change. Therefore, as part of this parcel falls within the red line of the Main Assessment Area, we consider that the plans should be amended to properly identify our Client’s ownership. Full copies of our Client's title to this piece of land are enclosed with this letter to assist in the preparation of revised plans.

1.4 In the PEIR Response we stated that the following infrastructure is proposed at our Client's Property as part of the development proposals for the Project:

1.4.1 3 Wellheads (referenced H517, H518 and H519);

1.4.2 Access Road directly across our Client's Property;

1.4.3 Gas Flow Line beneath our Client's Property (running parallel to the access road); and

1.4.4 Nitrogen Main beneath our Client's Property (running parallel to the access road).

1.5 Our attention has now been drawn to more detailed plans references 13-03-01/HOL/60/136(P3) and 13-03-01/HOL/60/139(P3) which appear to indicate that at least three gas flowlines, a water main and a brine main are also proposed. The fact that this was not readily apparent from our review of the PEIR reinforces the need for one clear plan of the Main Assessment Area showing the location of all proposed infrastructure, including with specific reference to the type of pipeline being proposed, as requested in our PEIR Response.

1.6 As stated in our PEIR Response, we understand that a final decision has not yet been reached regarding the exact location of the above infrastructure and you have been in discussions with our Client regarding the possible rerouting of the access road. Phasing and construction periods for the Project have also not yet been decided and as such it is impossible for our Client to grasp the full extent to which both they and their business will be affected.

1.7 Due to these uncertainties it is very difficult for us to prepare a full representation in response to the Section 48 Notice that was served in relation to the Project. As such we must reserve our Client's right to make further representations should their position change as the Project evolves.

2. LIKELY IMPACTS ON OUR CLIENT'S PROPERTY & BUSINESS

2.1 We set out in the PEIR Response some of our key areas of concern relating to the environmental impacts of the Project and the failure to properly consider these within the PEIR. A key aspect of these concerns is the apparent failure of Keuper Gas Storage Limited ("KGSL") to properly consider the potentially significant impacts of the Project on nearby agricultural businesses.

2.2 The PEIR Response goes into further detail in this regard. However, we would reiterate our Client's serious concerns regarding the impact of the Project on their dairy farming business.

2.3 Our Client currently operates a successful dairy farm from the Property with approximately 340 dairy cows and existing supply contracts with large commercial customers. Our Client also employs 4 members of staff. The current proposals (which, as stated above, we understand may be subject to change) have the potential to jeopardise this business and similar businesses in the vicinity. The proposed access roads to be constructed across our Client's Property would have the effect of

56903622.3\bg04 3

slicing their farm across the middle. Large areas of the land will no longer be capable of being effectively farmed, particularly during the construction phase. This has the potential to cause serious harm to our Client's business and may result in the loss of supply contracts and valued members of staff.

2.4 Paragraph 9.1 of our PEIR Response refers to the lack of sufficient information that has been provided in relation to the intensity of traffic movements anticipated on the site access roads post-construction. Further information is therefore still awaited in this regard. However, any use of the roads crossing my Client's Property will result in a deterioration of their enjoyment of their Property and will be likely to have an adverse impact on their business.

2.5 It does not appear as though the potential impacts of the Project on the livelihoods of landowners in the area have been properly considered. KGSL have been in discussions with our Client to seek to negotiate the various rights that will be required over their Property for the purposes of the Project. As a result of these discussions KGSL have proposed that an Option Agreement should be entered into with our Client to enable them to ensure that they can exercise their rights at a time when it is commercially viable for them to do so. As such, whilst we understand it is KGSL's intention to proceed with their Development Consent Order Application on the basis that all 19 boreholes will be constructed; it is acknowledged that this may change should demand for gas storage diminish in the future. The uncertainty over future demand for gas storage together with the fact that KGSL are only seeking an Option Agreement, demonstrates that KGSL itself is not convinced of the necessity to acquire our Client's Property.

2.6 The boreholes that are proposed on our Client's Property are included in the final phase of the Project and we understand are unlikely to be constructed for at least a further 4 years. We further understand from emails between our Client and KGSL representatives that certain elements of the Project (such as the access roads) may be constructed on our Client's Property during earlier phases.

2.7 The potential for construction to span extended time periods and Project phases exposes our Client and their business to possible increased and on-going levels of disturbance. In addition, there is an added risk that certain elements of infrastructure may be provided prematurely for boreholes that might never materialise should demand for gas storage diminish prior to completion of the final phase of the Project. As indicated above and set out clearly in our PEIR Response, the construction phase of the Project has the potential to be of significant harm to our Client's business.

2.8 We therefore submit that the case to acquire our Client's Property is not made out given that no clear need has been identified for the boreholes and associated wellheads proposed thereon (being H517, H518 and H519).

3. CUMULATIVE EFFECTS

3.1 We have set out our Client's concerns regarding the cumulative effect of the Project with the Stublach Gas Storage Project at paragraph 10.6 of our PEIR Response. The failure to properly consider the potentially serious effects of the Project on our Client's farm and nearby agricultural businesses is of primary concern to our Client.

3.2 The lack of clear information relating to location of infrastructure and phasing of the Project makes it impossible to fully envisage the potential impacts on the agricultural businesses that are prevalent in the area.

As stated above, this representation is to be read in conjunction with our earlier PEIR Response. Furthermore we reserve the right to submit further representations on behalf of our

56903622.3\bg04 4

Client as the application progresses and more precise details of the proposals are made available.

Please kindly acknowledge receipt of this letter, and our earlier PEIR Response by return.

Yours faithfully

Pinsent Masons LLP This letter is sent electronically and so is unsigned

Pinsent Masons LLP


T +44 (0)161 234 8234 F +44 (0)161 234 8235 DX 14490 Manchester 2



30 Crown Place, London EC2A 4ES, United Kingdom. For a full list of our locations around the globe please visit our website: www.pinsentmasons.com

BY E-MAIL & POST Freepost RSKS-SBBEZ Keuper Gas Storage Project c/o PPS Group Hanover House Charlotte Street Manchester M1 4FD

Our Ref 56222784.1\bg04\656959.07000


31 October 2014

Dear Sirs

THE KEUPER GAS STORAGE PROJECT (PROJECT)

STATUTORY CONSULTATION IN RELATION TO THE PRELIMINARY ENVIRONMENTAL

INFORMATION REPORT (PEIR) We act of behalf of Mr and Mrs Wildman (Client) of Cross Lanes Farm, Drakelow Lane, Byley, Middlewich CW10 9NN (Property). Our Client's Property lies within the red line boundary of the Project and, as such, they are a consultee under Section 42 of the Planning Act 2008.

We have set out in this letter our Client's consultation response to the PEIR prepared in connection with the Project. This has been drafted based on the following understanding of the purpose of a PEIR in the DCO process and what it should achieve.

Regulation 2(1) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (as amended) defines Preliminary Environmental Information as: ‘information referred to in Part 1 of Schedule 4 (information for inclusion in environmental statements) which:-

(a) Has been compiled by the applicant’ and (b) Is reasonably required to assess the environmental effects of the development (and

any associated development” This is reflected in DCLG guidance

1 which advises applicants to provide:

“sufficient preliminary environmental information to enable consultees to develop an informed view of the project”.

1 DCLG Guidance – Planning Act 2008: Guidance on the Pre-Application Process (January 2013), Paragraph 73

56222784.1\bg04 2

The guidance goes on to refer to the key issue being that "the information presented must provide clarity to all consultees".

The PEIR refers to three Assessment Areas as follows:

1. The Main Assessment Area (situated within the Holford Brinefield);

2. Whitley Pumping station; and

3. Runcorn Brine Outfall.

Our Client's Property is situated within the Main Assessment Area. We enclose a copy of the plan from page 8 of the KGSP Proposal Summary Document showing the location of our Client's Property edged and shaded green. Please note that we have used this plan as opposed to the plans uploaded to your website as they do not have a key. Similarly, none of the plans contained within the PEIR show the various types of infrastructure on one plan.

We note that the enclosed plan does not cover the entirety of the Main Assessment Area and it would therefore be helpful to see a single plan for that area with all proposed infrastructure with reference to a key (including with specific reference to the type of pipeline that is proposed).

As illustrated on the attached plan, the development proposals for the Project include the installation of the following infrastructure at our Client's Property:

4. 3 Wellheads (referenced H517, H518 and H519);

5. Access Road directly across our Client's Property;

6. Gas Flow Line directly across our Client's Property (alongside the access road); and

7. Nitrogen Main directly across our Client's Property (alongside the access road).

We understand that a final decision has not yet been reached regarding the exact location of the above infrastructure and you have been in discussions with our Client regarding the possible rerouting of the access road. Phasing of the project has also not yet been decided and our Client has been informed that, although the wellheads proposed on their land are unlikely to be constructed until 4 years into the Project, the Access Road may be constructed during an earlier phase.

As such, it is difficult for our Client to firmly grasp the potential environmental impacts that they, their Property and the operations from the Property (including the livestock) may suffer as a result of the works associated with the Project. It is therefore difficult to fully comment on the PEIR at this stage.

However, based on the assumption that the Project will proceed as set out in the enclosed plan, we would make the following comments in relation to the PEIR:

8. NOISE/VIBRATION AND LIGHT POLLUTION AND IMPACTS ON FARMING

8.1 Figure 1.4 of the PEIR NTS states "as far as possible, wellhead locations have been selected to minimise environmental effects and impact on farming". No further information is provided as to how this has been carried out in practice and little/no reference is made throughout the PEIR to the potential environmental impacts of the Project on farming practice.

56222784.1\bg04 3

8.2 Paragraph 5.5.14 of the PEIR states that "pipeline construction (…) will be through the summer months". This is the time of year when livestock would ordinarily be turned out to graze on the land. As such, the potential environmental impacts on the livestock would be greater during these months.

8.3 Throughout the PEIR, no consideration appears to have been given to the effects of noise/vibrations on the livestock that are currently situated in the fields and nearby farm buildings within the Main Assessment Area. Separation distances referred to in the PEIR relate to distances from human habitat (eg farmhouses) and/or other specified objects such as ecological receptors and cultural heritage buildings.

8.4 With specific reference to our Client's farm, the positioning of the Access Road directly across their land means that access to large parts of the farm will be limited during construction. This in turn means that our Client will need to house their livestock during the summer months as opposed to turning them out to graze. This will have potentially serious impacts upon both the health and productivity of the livestock which do not appear to have been considered within the PEIR. The Access Road will also affect our Client's ability to collect forage from the land which is used to feed the livestock which again could have potential impacts on the animals.

8.5 Our Client's ability to farm the land will also be affected during the construction phase which will lead to potential impacts on soil/land quality. It is acknowledged that Section 7 of the PEIR considers the environmental impacts of the project on those areas of land directly affected (eg where wellheads are positioned). However, no consideration appears to have been given to the potential for wider impacts on the land arising from issues such as access.

8.6 Paragraph 5.5.15 of the PEIR states that pipeline construction will take place during the daytime and that "Day time noise will be generated by the excavation machinery which is similar to typical agricultural machinery and therefore in keeping with existing activities of the area". No explanation has been given as to how this conclusion has been reached and whether it is based upon formal noise assessments. The works associated with the Project (eg drilling, digging and laying of roads and pipes) are far more intensive than the typical agricultural use carried out by our Client. This is confirmed by the fact that our Client is able to hear drilling noise from existing wells situated at approximately 600-800 metres distance from their Property. Whilst noise from agricultural machinery may also be heard from such distance, this is used far less intensively for limited/short periods of time during the year and is therefore not comparable to the daily construction activity proposed to install the wellheads on their Property at a distance of approximately 300m from their farmhouse.

8.7 The existing wellheads are also brightly lit during the night and can be seen clearly from our Client's Property. Once again, the effect of such light pollution will be far more intense from the wellheads that are proposed on our Client's Property. Paragraph 14.1.7 states that task lighting will be required during construction:

"for drilling activities at each wellhead (any time of the year, 24 hour continuous works)"

The paragraph goes on to state that such lighting will be positioned and angled to shine away from neighbouring properties. However no further consideration appears to have been given to the potential effects on occupants of those properties or on livestock in the area.

8.8 Paragraph 5.5.31 states that "solution mining operations will be continuous, 24 hours per day activity over a two to three year period for a individual cavity". Paragraph 5.5.32 goes on to provide that "during the solution mining operations there will be very little above ground activity". This description is vague and provides no insight into

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what above ground activity there might be. It is assumed that there will be some form of maintenance programme for the wells which will require them to be accessed periodically throughout solution mining operations. Further detail is therefore required here to enable our Client to consider the potential environmental impacts on both themselves and their farm.

9. TRAFFIC IMPACTS

9.1 Section 12 of the PEIR deals with potential impacts of the Project on the local highways network. However, the PEIR does not appear to address the potential environmental impacts of traffic using the Access Roads. The construction of the Access Roads is considered at paragraphs 5.5.28 to 5.5.30 and at Figure 5.10 which states that "The site road network has been laid out to give a general loop, circular part, to allow the use of single track as much as possible and minimise the need for construction vehicles to reverse on site". Consideration does therefore appear to have been given to the potential environmental impact of the use of the site Access Roads. However, no detail is provided in the PEIR, for example in relation to the expected intensity of use, how this will change during construction/non-construction periods and the types of vehicles expected to use these roads. All of this information is required to enable our Client to consider the potential environmental impact of Access Road use on both themselves and their farm.

9.2 Reference is also made at paragraph 12.1.15 to a Transport Assessment having been undertaken, however this document does not appear to form part of the document library on your website.

10. SOCIO-ECOLOGICAL IMPACTS

10.1 Section 13 of the PEIR contains an assessment of the likely significant effects on socio-economic characteristics arising out of the Project. Paragraph 13.1.2 makes specific reference to the "permanent loss of approximately 21.6 ha of land from agricultural production and a further 73.7 ha temporarily during construction".

10.2 The extract from the Scoping Opinion contained at Table 13.1 specifically refers to the need to consider the "Nature and duration of impacts on agricultural practices, particularly during the construction period, considering land within the KGSP site and the surrounding areas". The response provided is as follows:

"the potential socio-economic effect of the property on agricultural practices is determined (please see land Use and Business Operators in Section 13.4).

10.3 The relevant paragraphs in 13.4 are 13.4.11 and 13.4.16. There paragraphs provide as follows:

13.4.11 in addition to the permanent land take discussed at 13.4.16 below, there will be some temporary landtake during the construction phase (approximately 74 ha) which could result in a small temporary direct impact on agricultural business within the Local Area of influence. There are no other business operators within the footprint of the Project. Yatehouse Farm could be subject to a small temporary direct effect due to noise disturbance during periods of construction in the vicinity."

13.4.16 Given the small footprint of the surface infrastructure associated with the Project there will be a small amount of permanent landtake from agricultural lands (approximately 21.6 ha from lands graded as 3). Where necessary, land acquisition will be arranged through

56222784.1\bg04 5

commercial agreements with affected landowners. It is expected that the impact of this landtake on agricultural businesses will be negligible.

10.4 The assertions highlighted in bold above are inaccurate. As previously demonstrated, the potential impacts upon our Client's business are severe and it is likely that other agricultural businesses will be similarly affected.

10.5 The failure to consider wider implications on crops and livestock is discussed in more detail at paragraph 8 above, but is also relevant here as any such effects will have a wider impact upon agricultural business in the area.

10.6 Throughout this section reference is made to the cumulative impacts of the Project together with the Stublach Gas Storage Project. However, the Report appears to ignore any potentially damaging cumulative impacts on agricultural business and instead provides that "small positive impacts in terms of employment generation "may be experienced" with no regard to the potential impacts on employment that may occur should impacted farms be forced to decrease/cease production as a result of the environmental impacts of the Project.

11. WORKS OMITTED

11.1 Paragraph 5.6 refers to a "number of commissioning activities" being required to ensure cavity integrity and suitability for gas storage. Again, no indication is given of the length of time that these activities are likely to take or what the potential environmental impact of these activities might be.

11.2 Furthermore, we understand from our Client's discussions with you that landscaping works and level points are also required as part of the Project. No reference is made to these works and the potential environmental impacts arising from them in the PEIR.

As stated above, this letter contains our comments on the PEIR based on the development proposals as they currently stand and as indicated on the enclosed Plan. Should these change, as we understand may happen, the potential environmental impacts upon our Client may also change. We therefore reserve the right to make further comment on the PEIR and other environmental documentation should any such changes to the Project occur.

Please kindly acknowledge receipt of this letter by return.

Yours faithfully

Pinsent Masons LLP This letter is sent electronically and so is unsigned

Pinsent Masons LLP


T +44 (0)161 234 8234 F +44 (0)161 234 8235 DX 14490 Manchester 2



30 Crown Place, London EC2A 4ES, United Kingdom. For a full list of our locations around the globe please visit our website: www pinsentmasons com

BY E-MAIL AND POST Freepost RSKS-SBBEZ Keuper Gas Storage Project c/o PPS Group Hanover House Charlotte Street Manchester M1 4FD

Our Ref 65270111.1\bg04\656959.07000


12 October 2014

Dear Sirs

THE KEUPER GAS STORAGE PROJECT (PROJECT) We refer to your letter dated 24 September 2015 to our Client, Mr and Mrs Wildman of Cross Lanes Farm, inviting them to participate in the Statutory Consultation that is presently underway in relation to the above Project. A copy of your letter is enclosed for ease of reference.

We have written to you previously on 31 October 2014 and 27 November 2014 (copies enclosed) setting our Client's objections to the Project and providing detailed comments on the consultation documentation.

Our client has not received satisfactory responses to our previous representations. Therefore the concerns raised therein remain valid and should be treated as our Client's formal response to the public notice pursuant to Section 48 of the Planning Act 2008.

We reserve the right to submit further representations on behalf of our Client as the application progresses and more precise details of the proposals are made available.

Please acknowledge receipt of this letter.

Yours faithfully

Pinsent Masons LLP This letter is sent electronically and so is unsigned Enc(s): As above

1

Lewis Jones

From: Paul Zyda <[email protected]>Sent: 29 September 2015 11:52To: Thorpe, RogerCc: [email protected]; Dave Peterson; Ian Graves; Alexandra Jones; Lewis

JonesSubject: Re: KGSL GAS STORAGE PROJECT:, CHESHIRE BRINE OUTFALL, RUNCORN: CROWN

ESTATES INTEREST

Roger Many thanks for such a prompt and clear response. We shall remove the crown saving provision (article) from the draft DCO, and ensure the book of reference accurately records the situation re land interests. Many thanks, Paul Zyda Principal Solicitor

60 Cygnet Court

Timothy’s Bridge Road Stratford Upon Avon

Warwickshire

CV37 9NW

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Winner of Best Recruiter – Small Firm at the LawCareers.net Training and Recruitment Awards 2015

Winner of Boutique Firm of the Year at The Lawyer Awards 2014

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T: 01789 294310

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From: "Thorpe, Roger" <[email protected]> Date: Tuesday, 29 September 2015 11:05 To: Paul Zyda <[email protected]> Subject: RE: KGSL GAS STORAGE PROJECT:, CHESHIRE BRINE OUTFALL, RUNCORN: CROWN ESTATES INTEREST Dear Paul Thanks for the email below; from the plan that you sent across I can confirm that there is no Crown Estate owned property within that red line. Regards Roger ThorpeMRICS Associate For and on behalf of Carter Jonas LLP T: 01904 558216 M: 07734 405021 W: carterjonas.co.uk

R m m

Carter Jonas LLP 82 Micklegate York YO1 6LF

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m Please consider the environment - do you really need to print this email?

From: Paul Zyda [mailto:[email protected]] Sent: 28 September 2015 18:32 To: Thorpe, Roger Subject: KGSL GAS STORAGE PROJECT:, CHESHIRE BRINE OUTFALL, RUNCORN: CROWN ESTATES INTEREST

3

Dear Roger

It was a pleasure to briefly review with you by telephone on Thursday 24th September my client’s, Keuper Gas StorageLimited (“KGSL”) intention to submit an application for development consent, under the Planning Act 2008, to theSecretary of State for the Department of Energy and Climate Change, for an underground gas storage facility; a small partof which includes the construction at Runcorn of a 600m brine pipeline with the outfall into the Manchester Ship Canal.

As explained, out index maps searches have been widely drawn to capture details of those whom may have a legal interest in the land required for the brine outfall, and neighbouring land. Our searches have indicated the Crown Estates may have an interest, and it is in that regard that correspondence and consultation materials have been received by your office, requesting a response by 12 October 2015. To assist your response our searches have identified the following title numbers:

CH533790

CH583918

CH638485

CH550314

As we discussed, it would be beneficial to my client to determine whether or not Crown Estates have an interest. As a safe guarding provision we have included within the draft development consent order (DCO) an article which protects theposition of the Crown. Article 40 of the draft DCO is entitled “Crown Rights” and contains wording which is designed tobe protective of the interests of Crown authorities affected by the proposals in the Draft DCO. The wording is based on model provisions.

I enclose for your review:

1. Drawing no.: 13‐03‐01‐HOL‐24‐501 which shows the proposed Order limits in red and the extent of the proposedoutfall works, and 2. Draft DCO – and refer you to Article 40.

I would be grateful for written confirmation of the following, please:

1. Whether the Crown Estates have an interest in land or rights which fall within the Order limits (red line) shown on the attached drawing?

2. Where Crown Estates have a legal interest please provide details; together with your view on the acceptability or otherwise of the draft DCO Article 40?

If you require any further information then please do not hesitate to contact me.

Kind regards,

4

Paul

PaulZyda

PrincipalSolicitor

M:07957143911

<image001.jpg> 60CygnetCourt

Timothy’sBridgeRoadStratfordUponAvon

Warwickshire

CV379NW

Practicecontactdetails:

T:01789413949

E:[email protected]

W:www.zydalaw.com

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recipient access, disclosure, copying, distribution, or reliance on any of its contents is prohibited and may be a criminal

offence. If you have received this e‐mail by mistake, please notify the sender immediately by telephone and delete this e‐mail

from your system and destroy any copies made.

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Zyda Law has taken reasonable precautions to ensure no viruses are present in this e‐mail. Zyda Law accepts no responsibility

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This e-mail does not constitute any part of an offer or contract, is confidential and intended solely for the use of the individual(s) to whom it is addressed. If you are not the intended recipient be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. Although the firm operates anti-virus programmes, it does not accept respons bility for any damage whatsoever that is caused by viruses being passed. Carter Jonas LLP is a Limited Liability corporate body which has "Members" and not "Partners". Any representative of Carter Jonas LLP descr bed as "Partner" is a Member or an employee of Carter Jonas LLP and is not a "Partner" in a Partnership. The term Partner has been adopted, with effect from 01 May 2005, because it is an accepted way of referring to senior professionals. Carter Jonas LLP Place of Registration: England and Wales Registration Number: OC304417 Address of Registered Office: One Chapel Place, London, W1G 0BG.

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