Triton Knoll Electrical System

The list below includes a record of advice we have provided for this project. For a list of all advice issued by the Planning Inspectorate, including non-project related advice, please go to the Register of advice page.

There is a statutory duty, under section 51 of the Planning Act 2008, to record the advice that is given in relation to an application or a potential application, including the name of the person who requested the advice, and to make this publicly available.

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Enquiry received via email
The applicant has agreed to certain wording in respect to the clearance under watercourses to be included in the Construction Method Statement. The version of the CMS submitted for deadline 6 did not include the agreed wording. This error has been flagged up to the applicant who has stated that it will be corrected.

If a revised CMS is submitted for deadline 7 will it be published online and will there be an opportunity for comment should the agreed wording be absent?
Dear Mr Carrott,

Any deadline documents received for deadline 7 will be available to view on the project webpage as soon as practicable after the close of the deadline. The Examining Authority has just issued a Rule 17 in which they have added an additional deadline on Monday 29 February 2016. This deadline is for any comments on documents received at Deadline 6 and 7.

24 February 2016
Witham Fourth District Internal - Andy Carrott
Enquiry received via email
The Applicant emailed the Planning Inspectorate setting out, in their opinion that a minimum of two days should be allocated in January 2016 for the compulsory acquisition hearing and suggesting that the DCO hearing could be accommodated on Wednesday 20 January 2016 as the venue is only available in the afternoon.
The Planning Inspectorate noted these views and in organising the hearing with the ExA, the ExA carefully considered the timing and order of the hearings in January 2016 and the dates and timing of these are set out in the Rule 8(3) and Rule 13 procedural decision letter which was published on the Triton Knoll Electrical System website on 11 December 2015. In response to the Applicant, the Planning Inspectorate noted that the 20, 21 and 22 January have been made available for the compulsory acquisition hearings should additional time be required.

16 December 2015
Applicant - Kim Gauld-Clark
Enquiry received via email
Lincolnshire County Council (LCC) asked the Planning Inspectorate for advice on 3 December 2015 on how they could submit a response for Deadline 4, setting out their position with respect to a joint statement with the Applicant on the Sandhills Act 1932 that was requested to be submitted for Deadline 3. LCC had noted that the Applicant had commented on this statement in their submission for Deadline 3 on page 29 of "The Applicant?s Response to Deadline 3" (REP3-035)? but had not attached the statement.
With respect to the Applicant?s response at Deadline 3 to which Lincolnshire County Council (LCC) refer, LCC will have seen the Applicant?s views set out on page 29 and that their intention is to submit a Joint Statement with Lincolnshire County Council at Deadline 4. It is for LCC to decide whether they wish to comment on the Applicant?s response and the wording on page 29. We are unable to advise LCC on this.

If LCC decide to submit their views to us in writing with respect to compulsory acquisition of public open space and the Sandhills Act 1932 and the proposed Joint Statement, we advise that they do so by Deadline 4 which is 5 January 2016, so that the Examining Authority can take account of this.

We would reiterate that at the hearing the Examining Authority stated a preference for a joint statement. Furthermore section 94(8) of the Planning Act 2008 provides legislation for the Examining Authority to not to take into account representations which they deem vexatious or frivolous.

10 December 2015
Lincolnshire County Council - Mandy Wood
Enquiry received via email
response has attachments
COMPLAINT - National Grid plc re RWE Electrical Infrastructure ENO20019

You are aware of the proposed Viking Link from Denmark to Bicker Fen.

Local residents are alarmed that N.G. is just pushing ahead with the proposed project when there has been not a single word of consultation.

You are to consider the Viking Link project alongside the RWE Triton Knoll (ENO20019) electricity infrastructure application starting 3/9/15, because of cumulative effect, environmental destruction etc., when it is totally unnecessary with the links and capacity available near Grimsby on the coast.

How can P.I. consider any aspect of the Viking Link without prior consultation by N.G. with residents across Lincolnshire, various councils etc etc?

I await your reply. Various councils, residents, and other representatives are requesting postponement of the P.I. enquiry until full consultation has taken place.

Letters and e-mails from residents, councils, our M.P. and M.E.P. have all been ignored by N.G., or they say they have no information. This is clearly totally unacceptable, as it is obvious that N.G. has all its plans in place for the Viking Link. N.G. should not be able to ride roughshod over residents who will be badly affected by the scheme, as has happened in the past in Bicker Parish.
Dear Mr and Mrs Bowler,

Following my conversation with Mr Bowler this morning I said I would follow up outlining what we discussed in an email.

As you are aware, the Triton Knoll Electrical System (TKES) application has been submitted by Triton Knoll Offshore Wind Farm Limited to the Planning Inspectorate to be determined under the Planning Act 2008 following a Direction under S35 of the Planning Act 2008 from the Secretary of State, determining this as a Nationally Significant Infrastructure project.

The Planning Inspectorate is aware of the Viking Link project, proposed by National Grid Interconnector Holdings Limited and its development partner Energinet.dk, given the number of TKES relevant representations we have received that discuss it. However, at present, there is limited information on this project as it still appears to be at an early planning stage.

It is not possible for the Planning Inspectorate to prohibit one developer from submitting an application for development consent because there is potentially another development happening close by in the future. However, the Examining Authority for the TKES project has identified ?cumulative effects, including the relationship to the Viking Link Interconnector? in their Initial Assessment of Principal Issues identified in the Rule 6 letter recently sent out to interested parties.

The Rule 6 letter can be found here: [attachment 1]

The inclusion of the consideration of the cumulative impact of the TKES application with the Viking Link project as a principal issue in the TKES examination may be discussed at the preliminary meeting on 3 September 2015 as identified in the agenda provided in the Rule 6 letter under ?Examining Authority?s Initial Assessment of Principal Issues ? see Annex C?.

It is my understanding that Mr Bowler will not be able to attend the meeting due to ill health, however following the meeting an audio recording will be available on our website here: [attachment 2] we will endeavour to have this uploaded to our website by Monday 7 September 2015.

I would like to re-iterate that the Viking Link project has not been submitted to the Planning Inspectorate to be determined under the Planning Act 2008. However the Examining Authority will consider the potential cumulative impact of this scheme on the TKES project based on the information available to them when assessing the application for development consent for the Triton Knoll Electrical System.

18 August 2015
Helen Bowler
Enquiry received via email
response has attachments
I have received an email notification from you and been on RWE?s website which talks about a S56 consultation which will run between June 12 and July 13. RWE?s press release states that ?it is through this process that it will be possible to register with the Planning Inspectorate as an interested party?. I would be grateful if you could answer the following queries:-

1)Am I registered already with the Planning Inspectorate as an interested party or do I need to register between June 12 and July 13? If so, how?
2)Where is RWE?s most up to date planning application that I can comment on it? Will this be the subject of the S56 consultation? If so, how have the proposals changed since RWE?s consultation in October and November 2014?
Thank you for your enquiry.
You are not registered as an Interested Party with the Planning Inspectorate, therefore if you wish to take part in the examination of the application I advise you register with us.
Formal registration to become an Interested Party in the examination of this application opens on 12 June 2015 and the Relevant Representation form will be made available from that date on the National Infrastructure pages of the Planning Portal website and can be accessed by following the link below. You can also request a paper copy of the Relevant Representation form from us should you prefer to complete a hard copy of it.
[attachment 1]
The website contains the developer?s application documents as well as a link to their website so that you can compare their earlier proposal. If you have questions about the evolution of specific documents I suggest that you contact the developer directly at this email address:
Triton Knoll Offshore Wind Farm Limited
Or tel. 01793474244
You may also find the Planning Inspectorate?s Advice Note 8.3 useful, ?How to register and become an interested party in an application?, which can be accessed by following this link:
[attachment 2]
If you have any further queries, please do not hesitate to contact us.

26 May 2015
NFU East Midlands Region - Paul Tame
Enquiry received via email
response has attachments
Advice provided under s51 of the Planning Act 2008 (as amended) to the applicant following the decision to accept the application for examination on 21 May 2015.
See attached.

21 May 2015
Triton Knoll Offshore Wind Farm - Kim Gauld-Clark
Enquiry received via post
response has attachments
Comments requested on the draft Report to Inform an Appropriate Assessment
Please see attached

25 March 2015
Triton Knoll Offshore Wind Farm
Enquiry received via post
response has attachments
The applicant submitted their draft Approach to EIA chapter to the Planning Inspectorate for comment.
Please see attached letter

13 March 2015
Triton Knoll Offshore Wind Farm Limited
Enquiry received via meeting
response has attachments
Draft document meeting with the developer
Please see attached note

09 March 2015
Triton Knoll Offshore Wind Farm Limited
Enquiry received via phone
response has attachments
Would like to know how to engage in examination and contribute to acceptance decision.
Guided to website for detailed advice at [attachment 1]
Recommended sharing any concerns about pre-application consultation with local authorities to contribute to their Adequacy of Consultation response.

28 January 2015
National Farmers' Union - Paul Thame
Enquiry received via email
The applicant asked questions on the following matters:
Question 1 ? submission date of 24 April and purdah implications
Question 2 ? any implications if the Triton Knoll Electrical System DCO was an OFTO SPV and not Triton Knoll Offshore Wind Farm Limited
Question 3 ? European protected species and consultation with Natural England
Question 4 ? Approach to access strips
Question 5 - Plans
Question 1 ? submission date of 24 April and purdah implications?
The submission date of 24 April does not cause any problems for the Planning Inspectorate regarding purdah, however it would be extremely helpful if we received the application in the morning on this date, so that we can start work before the weekend.
We would strongly advise you to inform the local authorities (the A,B,C and D authorities) of your submission date. You may also wish to inform the local authorities that during acceptance stages, the Planning Inspectorate requests any ?adequacy of consultation responses? to be submitted within 14 calendar days. For a submission date of 24 April, the deadline for these responses is likely to be 8th May, this is the day after the general election.

Question 2 ? any implications if the Triton Knoll Electrical System DCO was an OFTO SPV and not Triton Knoll Offshore Wind Farm Limited?
We would advise you to inform relevant consultees/parties of the change and formally write to the Planning Inspectorate to inform us. Your consultation report should also include an explanation.

Question 3 ? European protected species and consultation with Natural England
We note that there are 11 ponds with potential to support great crested newts which you have been unable to access to date but have committed to surveying at the pre-construction phase. As discussed in the meeting, the Planning Inspectorate would reiterate the front loaded nature of the Planning Act 2008 and the need to ensure that sufficient information is provided within the Environmental Statement at the time of application. To this end, it would be useful for you to obtain and provide evidence of confirmation from Natural England that sufficient survey effort has been undertaken in the pre-application stage. The Planning Inspectorate encourages you to consider the risks of not being able to access survey areas during the pre-construction stage, and whether you would be able to implement mitigation measures in areas not included in the DCO application boundary, should presence be confirmed by pre-construction surveys.

In our last meeting, we briefly touched on section 53 authorisation for access to land for pre-construction surveys in March 2016 (possibly September 2015 if geophysical surveys are required). We did not discuss in detail what the surveys would comprise, however from the information we understand the surveys will be required to confirm the presence/absence of bats and great crested newts; we would appreciate confirmation of what surveys are likely to be required. As you are aware, any application will be determined by the Secretary of State on its merits once submitted. Please let us know if you would like us to provide any additional advice to you on the use of these powers during the examination stage.

Question 4 ? Approach to access strips:
We are keen to work with you to ensure that this information is presented and, if necessary, assessed in a robust way in your ES. At this stage we consider we need further details in order to provide meaningful advice on this matter and are interested to know more about the baseline conditions of the access strips and the proposed activities on them. We consider the most useful way to provide advice would be to review the relevant sections of the draft ES ?Project Description? chapter and draft ES ?Approach to EIA? chapter that you refer to above; this is a service we have provided for other NSIPs.
We note that the strips will be used solely to access the cable corridor, and that some are existing access tracks and some are adjacent to existing field boundaries. It would be useful to understand whether any works would be required on the access strips to create and maintain them i.e. removal of hedgerows, pruning of trees, adjustments of existing highways, and whether there is the potential for land owners to impose any seasonal restrictions on their use? We are also interested to know whether the phase 1 habitat survey covered the access strips.
As always, we encourage on-going consultation on EIA methodology and assessment and were wondering whether you have consulted upon your proposed approach with any consultees, for example Natural England?
It would also be useful if you could confirm whether the access strips would be subject to compulsory acquisition powers.

Question 5 ? Plans:
It is normal practice for draft DCOs to include grid coordinates for the offshore development seaward of MHWS.

In regard to centre lines, please can you confirm if your works plans and draft DCO will include limits of deviation?

How appropriate [it would be to identify Public Right of Way (PROW) diversion ?zones? as opposed to identifying the exact PROW to be diverted] depends upon the scale/size of the diversion zones.

Most (if not all) submitted applications have provided the information required in regulations 5(2)(j) and (k) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009, on separate plans. The level of detail and information to be included in both sets of plans is likely to make it illegible if combining. We are happy to discuss this further if required.

24 December 2014
Kim Gauld-Clark RWE
Enquiry received via meeting
response has attachments
Meeting between the Planning Inspectorate and Triton Knoll Offshore Wind Farm Limited in relation to the proposed Triton Knoll Electrical System.
Meeting note and slides presented by Triton Knoll Offshore Wind Farm Limited attached.

08 December 2014
RWE - Kim Gauld-Clark
Enquiry received via email
response has attachments
Letter received by The Planning Inspectorate from Mark Simmonds MP for Boston and Skegness addressed to the Rt. Hon Ed Davey MP.
Response from Mark Southgate, Director of Major Application and Plans at the Planning Inspectorate.

04 August 2014
Mark Simmonds MP
Enquiry received via phone
If land is owned by a Trust, how should the Trust be considered when applying for authorisation for access to land under Section 53 of the Planning Act?
As detailed in Advice Note 5: Section 53 (Rights of Way), the Planning Inspectorate expects the applicant to send a notification letter enclosing an exact copy of the authorisation request that was provided to the Planning Inspectorate, to each person the applicant identifies as having an interest in the land (and copied to agents acting on their behalf (if applicable)). Where land is owned by a Trust we advise that all of its trustees are notified individually.

Where an applicant has been corresponding with one representative from the Trust or with a land agent, we strongly urge the applicant to evidence that the individual with whom they have been corresponding is authorised to act on behalf of all other persons with an interest in the land.

The Planning Inspectorate also considers that tenants should be treated as a ?Person Interested in the Land? and should also be notified of the authorisation request.

01 August 2014
RWE - Kim Gauld-Clark
Enquiry received via meeting
response has attachments
Meeting between the Planning Inspectorate and Triton Knoll Offshore Wind Farm Limited in relation to the proposed Triton Knoll Electrical System.
Meeting note and slides presented by Triton Knoll Offshore Wind Farm Limited attached.

12 June 2014
RWE - Kim Gauld-Clark
Enquiry received via meeting
response has attachments
Section 51 advice regarding Evidence Plan process.

04 June 2014
RWE - Kim Gauld-Clarke
Enquiry received via phone
response has attachments
A teleconference presentation regarding Evidence Plans and the 2014 Government Review

15 May 2014
Triton Knoll Electrical System