“This Relevant Representation of Flintshire County Council provides an initial comment and issues relating to the content and scope of the application including the Local Development Plan Policy context, and the proposed requirements and provisions of the Draft Development Consent Order (DCO). Further to this representation, as a Host Authority, the Council will be providing a Local Impact Report (LIR) and, if necessary, a Written Representation (WR) at the forthcoming examination. As a Host Authority, it is assumed therefore that this representation does not need to include all areas that will be discussed during the Examination. Further representations in the form of the LIR, and/or WR, if necessary, may include the following matters: the proposed effects of the underground carbon dioxide pipeline and proposed above ground installations in relation to; air quality, dust, climate change and climate resilience, cultural heritage, ecology and biodiversity, greenhouse gases and decarbonisation, land and soils, restoration and decommissioning, land contamination, landscape and visual impact, materials, mineral safeguarding and waste, noise and vibration, population and human health, traffic and transport, water resources and flood risk and any cumulative effects with other projects. 1 – THE PLANNING STATEMENT AND POLICY CONTEXT The submitted application and associated Planning Statement identifies the Flintshire Unitary Development Plan (UDP) as the adopted development plan for Flintshire County Council. Reference is also made to the emerging Flintshire Local Development Plan (LDP). Following the examination of the Flintshire LDP, the binding Inspectors Report was received from Planning and Environment Decisions Wales (PEDW) on 15th December 2022. A report will be taken to Cabinet on 17th January 2023 and Council on 24th January 2023 seeking adoption of the LDP. Therefore, it is anticipated that at the examination of this DCO proposal, the Flintshire UDP will not be relevant and the LDP will the Development Plan for Flintshire. A detailed consideration of the LDP will be provided as part of the examination within the Councils LIR. 2 – THE ENVIRONMENTAL STATEMENT The Council has previously provided comment and recommendations on the scope and content of the Preliminary Environmental Impact Report (PEIR). There are ongoing discussions between the Councils internal services and the applicant in respect the content of the submission stage Environmental Statement. A detailed response in respect the Local Impacts of the project will be provided as part of the examination within the Council’s LIR. Chapter 8 – Cultural Heritage A large number of geophysical anomalies described as of "uncertain origin" would need to be evaluated at the pre-determination stage to accord with PPW11 and TAN24. If pre-determination evaluation is not carried forward, then a robust WSI (written scheme of investigation) document should be submitted with the ES. It is considered that the WSI is largely robust and appropriate. However, clarification should be made from the applicant/consultants whether a rolling watching brief utilising a strip/map/excavate methodology will be included during the initial easement and pipe trench excavation to formation level, as this typically finds more features that were not revealed by the geophysics and trial trenching alone, particularly features of prehistoric date. Chapter 9 – Biodiversity The submission does not address the additional requirements outside of the new build infrastructure boundary to meet the Biodiversity Net Benefit (BNG) target. BNG Assessment D.6.5.12 states that this is being pursued through engagement using the off-site compensation scenarios. However no detail has provide how this will be delivered to ensure compliance and their long term management. Chapter 11 – Land and Soils The document makes reference to a requirement to access land for the purpose of excavating trial pits specifically. However, it’s likely that alternative methods of exploring the ground conditions at the different points along the route of the pipeline; including the block valve stations, will need to be relied upon to enable the samples required to be collected and so there appears to be a conflict between the approach to be taken in terms of assessing and addressing land contamination and the scope of the DCO. For this reason, it is suggested that the DCO is amended to allow for a broader scope of exploratory methods to be used to enable the works proposed. As it is, the DCO is too restrictive. As a point to draw to the attention of those involved in the land contamination assessments and reporting, it’s important to ensure that any references, guidance and legislation referred to is applicable to Wales and not only to England. Community Benefit Fund The construction of the pipeline would cause significant disruption to a number of communities in Flintshire for the duration of construction. Furthermore, should consent be granted, this would result in extending the life of the Point of Ayr Terminal which is currently expected to be restored by 2023. However, it is noted that the communities and industry of Flintshire would not benefit from receiving hydrogen until much later in the project as there are no immediate plans to construct a hydrogen pipeline in Flintshire. As such, it is considered reasonable for the developers to commit to providing a community benefit fund for those effected communities. 3 - THE DRAFT DEVELOPMENT CONSENT ORDER On review of the draft Development Consent Order (DCO) the Council raises several concerns in respect the proposed wording and appropriateness of its provisions including the principal powers, the content and wording of the suggested requirements and the unrealistic proposed process timescales relating to applications made under the requirements, and the associated fees. Discussions with the applicant in respect the draft DCO are ongoing and whilst it is expected that much the raised issues can be appropriately addressed there are several which without resolve are potentially matters for significant concern. These include but are not limited to the following: • The proposed exceptions and definitions in relation to the proposed construction working hours under Requirement 13 (1-5) are not considered acceptable. • There is the need for detailed restoration plans including aftercare under Requirements 15 and 16. • Lack of reference to a Decommissioning Environmental Management Plan (DEMP). DEMP is essential to ensure the decommissioning and removal of the above ground installations once they are no longer required. • clarification of timescales for notifications and decisions under the proposed requirements and discharge of requirements • The proposed 5/21-day notification periods for the request for further information under Schedule 2 Part 2 paras 21 (2-4)) is not considered acceptable. • Schedule 2 Part 1, Para 22 Fees: clarification on fees for approving the requirements is required. £97 does not correlate with any fees regulations and concern is expressed in relation to the scale of work required for determination of the requirements”