“Introduction 1. This Relevant Representation has been prepared by Turley on behalf of Peel NRE to the application by Liverpool Bay CCS Limited ('Applicant') for a development consent order ('Order') seeking powers for the delivery of the HyNet Carbon Dioxide Pipeline and related infrastructure (Planning Inspectorate Reference EN070007) ('Pipeline'). By completing this form, Peel NRE is registering to become an Interested Party to take part in the Examination of the above application. 2. The Pipeline will facilitate delivery of HyNet North West, a hydrogen supply and carbon capture and storage project for which a separate development consent order will be sought. 3. Peel NRE is the owner of land required by the Pipeline for the Ince Above Ground Installation (AGI), and the associated proposed access, pipeline corridor, and construction compound (as shown on Works Plan ref. EN070007-D.2.4-WP-Sheet 1) ('Affected Land'). The Affected Land includes land at Ince Park, known as Protos – a 130ha development site comprising a major energy and resource recovery hub and ecological management areas which is a major employer near to Ince, Cheshire. Protos has extant planning permissions in place and the delivery of development is already well advanced. Protos benefits from outline planning permission (ref. 14/02277/S73) for a resource recovery park, and additionally, separate planning consents have been secured across individual plots for developments that are aligned to the ethos of Protos, including an Energy from Waste Facility (ref. 18/01543/S73), a biomass facility (ref. 14/02278/S73), a timber recycling plant (ref. 14/02271/S73), a plastics to hydrogen facility (ref. 19/03489/FUL), and a plastics park (ref. 21/04076/FUL). 4. Protos is allocated in the Cheshire West and Chester Local Plan (Local Plan Part One Policies STRAT 4 and ENV 8; and Local Plan Part Two Policy EP6) and is safeguarded for a multi-modal resource recovery park and energy from waste facility for use in connection with the recycling, recovery and reprocessing of waste materials. 5. Peel NRE is part of Peel L&P Group and has a long track record of delivering large scale, transformational developments and infrastructure across the UK. Peel NRE has been working closely with Cheshire West and Chester Council (“CWACC”) to bring forward the various components of Protos over the last 14 years. 6. Peel NRE is planning for the future expansion of Protos (as expressed through representations submitted by Peel NRE to the CWACC Local Plan Conversation in September 2021), to become a destination for sustainable energy, innovation and industry, helping to create a net zero industrial cluster and achieve climate change ambitions. The Pipeline is proposed within the area planned for the future expansion of Protos. 7. Peel NRE submitted representations to the Section 42 Statutory Consultation in March 2022, and the response is summarised in the Consultation Report (document ref. D.5.1, Revision A, September 2022, references X-38, X-45, S1-08, S1-09, S1-10, S1-19, S1-20, S1-21, S1-22). The Applicant has amended the Pipeline scheme following the statutory consultation, which has resolved some of the concerns raised by Peel NRE about the impact of the Pipeline. 8. Peel NRE remains wholly supportive of the principle of the Pipeline. Indeed, Peel NRE recognises that there are potential beneficial synergies between the Pipeline and Protos. However, should the Order be granted as proposed, the Pipeline will conflict with planned development at Protos which would prejudice the delivery of a key development within CWACC and limit its potential. The key issues presented in this Relevant Representation, and to which objections are raised, include: • Layout of the AGI • Easement of the CO2 Pipeline • Means of access • Negotiating land agreements Key Issues Above Ground Installation 9. Concern was raised by Peel NRE through the Section 42 Consultation regarding the conflict of the AGI which could prejudice the delivery of the expansion of Protos. Through conversations between the Applicant and Peel NRE, this proposal is now incorporated into the future expansion plans at Protos, with many synergies and opportunities capable of being delivered via both schemes. There are no concerns with the principle of the AGI element or its general location. However, in order to ensure that both the Protos expansion and the Pipeline are capable of co-existence there will need to be further assurances given by the Applicant to Peel NRE to confirm the layout of the AGI and agreement to the landtake. 10. Peel NRE objects to the proposed layout of the AGI. The layout needs to be carefully considered to not conflict with existing site constraints (such as distances from existing watercourses / ditches), or constrain other planned developments. The layout submitted by the Applicant is “indicative” (plan ref. EN070007-D.2.12-LAY-Sheet 2), which indicates the layout is not yet fixed and there is scope to agree the layout between the Applicant and Peel NRE. Pipeline Location 11. The Pipeline is proposed to travel north/south along the eastern boundary of the order limit. The location of the Pipeline in the current proposal is an improvement on the location of the Pipeline previously proposed in the Section 42 Consultation. However, despite this improvement, the current proposals are still not acceptable to Peel NRE on the basis that the proposed 24.4m corridor around the pipeline for the permanent acquisition of sub-soil (at plots 1-11, 1-12, 1-13, 1-15, 1-18 and 1-19) would cause an unacceptable quantum of land to be restricted from development by way of the proposed restrictive covenants. 12. The proposed restrictive covenants prevent any activity from being undertaken on this land (within the 24.4m corridor) which would interfere with the Pipeline (unless the prior written consent of the Applicant is obtained) including drilling foundations and hard surfacing. Such restrictions over the proposed quantum of land would impose unacceptable restraints on the ability to develop and extend the Protos site at these plots. Peel NRE accordingly objects in principle to the current proposal on the basis of the permanent acquisition and quantum of land included within this 24.4m corridor and is in the process of discussing matters with the Applicant to agree a position acceptable to both parties. Access 13. The proposed access road from Grinsome Road roundabout to the Pipeline/AGI conflicts with the delivery of the approved Protos Plastics Park (CWACC Planning application ref. 21/04076/FUL) which could constrain the delivery of the development. Therefore, at this stage, Peel NRE objects to the proposed access to the Ince AGI and the Pipeline. An alternative means of access should be identified to avoid conflicting with planned development at Protos, and utilise simpler crossings over existing and proposed railway tracks and ditches. 14. The Consultation Report (document ref. D.5.1, Revision A, September 2022, reference S1-09), states the Applicant is open to changing the access route provided continued access is made available to the AGI. This is welcomed and further conversations should be held with Peel NRE, but at this stage Peel NRE objects in principle to this aspect of the proposal. Negotiating Land Agreements 15. At this stage, Peel NRE objects to the proposed acquisition of land, interests and rights identified within the Land Plans (drawing ref. EN070007-D.2.2-LP-Sheet 1). The Applicant proposes to acquire land (including interests and rights) permanently for the AGI, the subsurface (including rights) permanently for the Pipeline, the permanent rights to access, and the temporary use of land for construction. These acquisitions will severely restrict the future development of this parcel of land by Peel NRE, not just during construction of the Pipeline but throughout the lifetime of its operation. Withdrawal of objection 16. In order for Peel NRE to be in a position to withdraw its objection to the proposed Order, Peel NRE requires confirmation from the Applicant that: 1.16.1 the acquisition of land and rights over the Affected Land (including the extinguishment of any rights) is on terms agreed with Peel NRE; 1.16.2 sufficient protection for the Protos expansion is afforded by the Pipeline scheme to enable the Protos expansion to come forward unhindered; 1.16.3 no works pertinent to the Affected Land shall be carried out without Peel NRE's prior approval of the plans, specification, method statement and programme of works; and 1.16.4 full access rights, during both the construction and operation phases, are retained to the Affected Land for the benefit of Peel NRE. Conclusion 17. Peel NRE does not object in principle to the general concept of the Pipeline scheme. However, it strongly objects to the proposed compulsory acquisition of land and rights over its land on the terms proposed. Peel NRE is keen to progress discussions with the Applicant with a view to reaching agreement that will enable it to withdraw its objection to the Pipeline. Until such time as Peel NRE is given the protection and assurances requested as detailed in this Representation it will continue to make representations in respect of the proposed Order.”