Piblinell Carbon Deuocsid HyNet North West

Nid safbwyntiau’r Arolygiaeth Gynllunio yw’r rhai a fynegir ar y dudalen hon. Yr hyn a ddangosir yma yw cynnwys a gyflwynwyd i’r Arolygiaeth Gynllunio gan y cyhoedd a phartïon eraill â buddiant, sy’n rhoi eu barn ynglŷn â’r cynnig hwn.

Piblinell Carbon Deuocsid HyNet

Derbyniwyd 13/06/2023
Gan Eversheds Sutherland (International) LLP (Eversheds Sutherland (International) LLP) on behalf of Encirc Limited


CR1 Introduction 1.1 This relevant representation to the HyNet Carbon Dioxide Pipeline Project (“the Project”) is made on behalf of Encirc Limited (“Encirc”) following the change request made by the Applicant and accepted by the Examining Authority dated 27 March 2023. 1.2 Encirc have already made representations in relation to the Project at Deadline 3 (REP3-050). 1.3 The change request proposes the acquisition of rights over land for access associated with Ince AGI. This includes additional plots 1-06a, 1-06b, 1-06c, 1a-01, 1a-02 and 1a-03. 1.4 Encirc is the freehold owner of plots 1-06a and 1-06c and has rights of access over plots 1-06b, 1a-01, 1a-02 and 1a-03. 1.5 Encirc’s representation to Deadline 3 made clear its future development plans (automated warehouse, new rail sidings and intermodal area, and hydrogen powered furnace) all of which are either with the local planning authority or well publicised. This future development at the Encirc Site is essential to the future of the Encirc business. These development intentions and their relationship to the submitted DCO were explained at the Compulsory Acquisition Hearing on 7th June 2023. 1.6 It was agreed that the Applicant would insert Protective Provisions in favour of Encirc during the Issue Specific Hearings on 8th June 2023. Encirc is hopeful that through these protective provisions the parties will be able to find a way in which the Project can be implemented whilst protecting the operation of the Encirc Glass Manufacturing and Filling Plant, maintaining the required access to the Encirc Site and ensuring that Encirc’s future development plans can be brought forward. Access to and through the Encirc Site 1.7 Uninterrupted access to the Encirc Site is essential to the operation of Encirc’s business and therefore it is essential that Encirc retains all rights of access which it currently enjoys. 1.8 The change request in respect of plots 1-06a-1-06c seeks to extend the land over which the Applicant is seeking the permanent acquisition of rights to ensure that rights are secured for access to link land plots 1.22 and 1-21 to the adopted highway at Ash Road, previously omitted from the submitted DCO. 1.9 Encirc considers that the addition of the change request land will result in the removal of the need to have a connection through the Encirc site between land plot 1-06 and 1-o3 and would ask that if the change request is brought forward as part of the Development Consent Order that this connection is removed from the draft DCO. 1.10 The proposed connection through the Encirc site between land plot 1-06 and 1-o3 was included where no connection exists today and any such amendment of internal security fencing would result in breaches of Encirc’s commitments as an HMRC bonded warehouse under the provisions on the Customs and Excise Management Act 1979 and subordinate legislation. 1.11 Further, Encirc considers that discussions with the applicant in respect of Protective Provisions and an associated private Agreement will result in agreement to Horizontal Directional Drilling (HDD) below the rail lines at land plots 1-19, 1-20, 1-22 and 1-23. The permanent rights over 1-21 will be downgraded to temporary and only in the event that HDD under Plot 1-22 is not feasible. Rights for access to plots 1-06a, 1-06c, 1-06 and 1-22 should remain for monitoring and maintenance purposes only (subjective to protective provisions ensuring the continued operation of rail and the further development of rail). This route could also be subject to change as a result of agreements reached between Encirc and the applicant. Encirc will keep the Examining Authority updated in this regard. Future Development 1.12 As part of Encirc’s automated warehouse development, the security gatehouse will be placed on land marked as plot 1-06a. Encirc is a customs bonded facility and access beyond the gatehouse is restricted in accordance with conditions imposed by HMRC. Encirc’s obligations in this respect will need to be complied with at all times. 1.13 HGV movements to Encirc’s site are limited by planning permission ref. 18/04948/S73. The acquisition of rights for access along plots 1-06c, 1-06b and 1-06a would require the use of Ash Road for access. Encirc also has a S.278 agreement with the Council for the maintenance of Ash Road. Conclusion 1.14 This representation relates to additional plots proposed for access as part of the change request. Encirc will outline further incompatibilities between the DCO and its proposed development plans in its written summaries of oral submissions made at Hearings on 7th and 8th June 2023 to Deadline 4. 1.15 This includes the availability of access to plots 1-03 and 1-06 from the north as shown along plots 1-01 and 1-02, which are incompatible with the planning application proposals, as well Encirc’s future plans for a hydrogen powered furnace and intermodal-rail facility.