NuGens Moorside Project in West Cumbria

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.

Preview
Enquiry received via meeting
response has attachments
Update meeting in relation to the Moorside Project in West Cumbria
See attached meeting note

09 February 2017
NuGen
response has attachments
With regard to the issue of the timing of the Moorside and NWCC applications, I do wonder if both applications are submitted at the same time, whether there would be the possibility that Step 2 of the Aarhus Convention’s model on public participation in decision making may not be adequately met. This states:
“Reasonable time frames means allowing sufficient time for informing the public and for the public to prepare and participate effectively in the decision making” (see page 20 of this document [attachment 1] )

If the public and organisations such as ourselves are unable to participate effectively because of overlapping of written submission deadlines and hearing preparations for the two applications, then this would give rise to concerns that the consultation process was unfair because of time pressure and resource capacity. Preparation and involvement in one NSIP is a complex and time consuming process. Involvement in two at the same time, which are intimately linked to each other will be almost impossible for members of the public and small organisations such as ourselves who do not have the benefit of funding for resources via Planning Performance Agreements that the LPAs and statutory agencies have.
In regard to whether there would be any breach of the Convention, I believe this would ultimately be a matter for the Aarhus Convention committee, therefore I would not be able to provide any comment on this.

We have previously asked the developers to consider the potential resource implications of submitting their proposals at a similar time, and I would advise you to raise your concerns directly with NuGen and National Grid.

The Planning Inspectorate must comply with the statutory deadlines in the Planning Act 2008 when accepting and examining an application, however when setting the timetable we will do our best to avoid overlap/clashes of dates where possible. The pre-application consultation stage is a fundamental part of the overall process and we would encourage Friends of the Lake District to engage fully in this process by commenting on the proposals prior to submission, we are aware that NuGen is currently undertaking its statutory consultation now, ahead of the National Grid statutory pre-application consultation phase.

If you have any further queries please do not hesitate to contact me.

21 June 2016
Friends of the Lake District - Kate Willshaw
Enquiry received via email
response has attachments
The Planning Inspectorate provided advice to NuGen regarding the pre-application consultation.
Please see attached the Planning Inspectorates advice and NuGens response.

01 June 2016
NuGen - Gideon Amos
Enquiry received via email
response has attachments
I would like to raise a concern with you regarding the proposed timings for both the Moorside and the NWCC Examinations in 2017-2018. We are aware that NuGen is keen for both Examinations to run concurrently from March or April next year. This is going to put an inordinate amount of pressure on consultees who will be trying to deal with two of the largest infrastructure projects in the UK being examined at the same time. It is also likely to hinder proper public engagement in both of the examinations.

At Friends of the Lake District I am dealing with both of the consultation/Examination processes. If I am asked to provide relevant representations/written representations for both NWCC and Moorside at the same time, I will not be able to give either of them the attention that they need because I will be trying to deal with both. There is also the scenario that hearings may occur at the same time or close together meaning that my capacity for gathering evidence for those hearings or even appearing at them would be compromised.

I am also concerned that running the two Examinations at the same time will reduce the ability of the public to engage adequately in the process, and may also confuse members of the public about which NSIP is being dealt with.

There needs to be proper time separation of the two Examinations to enable stakeholders, consultees and the public to engage adequately. It needs to be a fair process and putting the burden of Examining two very large infrastructure projects at the same time on the people and organisations of Cumbria is very unfair.
We spoke at the Moorside Technical Group Meeting on 12th May and you asked to what extent the NuGen application and examination will review any potential effects resulting from the National Grid electric line connection, mainly regarding landscape and visual impacts.

Schedule 4 Part 1 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (as amended) states the following information should be included in Environmental Statements:

‘A description of the likely significant effects of the development on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development, resulting from:
(a) the existence of the development;
(b) the use of natural resources;
(c) the emission of pollutants, the creation of nuisances and the elimination of waste,
and the description by the applicant of the forecasting methods used to assess the effects on the environment’.

Developers are therefore required to describe the likely cumulative effects of the development within their applications. Therefore when commenting on the NuGen proposal during this current stage of pre-application consultation you may wish to view the preliminary environmental information report (for example section 3.4 of Technical Folder 1); and during the examination stage, the environmental statement, to comment on any potential cumulative impacts. The Planning Inspectorate has also published an advice note for developers proposing Nationally Significant Infrastructure Projects which provides guidance on the assessment of cumulative effects which is available here: [attachment 1]. It should be noted that this is only advice and it is not mandatory for any developer to follow it.

If the Moorside proposal was accepted for examination, the Examining Authority would also have to take the provisions of National Policy Statements into account, with regard to the cumulative landscape and visual effects from Moorside proposal and the North West Coast Connection.

Thank you for your email dated 17 May 2016, explaining your concerns regarding NuGen and National Grid’s intentions to submit their applications to the Planning Inspectorate at a similar time. We are aware of this and we have previously spoken to both developers and have asked them to consider the resourcing implications this may have on some parties. The Planning Inspectorate will allocate separate Examining Authorities for these projects if they are accepted for examination, and whilst we will aim to hold similar hearings for each project on different days, it is highly likely that the written submission deadlines will overlap if both projects are submitted around the same time. We will do our utmost to ensure that our correspondence is clear in highlighting to which project it relates.

26 May 2016
Friends of the Lake District - Kate Willshaw
Enquiry received via meeting
response has attachments
Joint meeting to discuss the Moorside Nuclear Power Station Proposal and the North West Coast Connection Project proposal.
Please see attached meeting note.

14 April 2016
NuGen and National Grid - anon.
Enquiry received via meeting
response has attachments
Project update meeting with NuGen
Please see attached meeting note.

27 November 2015
NuGen - Gideon Amos
Enquiry received via email
response has attachments
Request for advice on proposed re-submission of EIA Regulation 6(1)(b) notification.
Please see email response attached.

20 May 2015
Ben Olney
Enquiry received via email
response has attachments
Request to update EIA Regulation 9 list to include proposed associated.
Please see attached for response to request.

20 May 2015
Ben Olney
Enquiry received via meeting
response has attachments
see attached presentation slides
see attached presentation slides

14 May 2015
Nugen - Ben Olney
Enquiry received via meeting
response has attachments
Project update meeting/site visit.

13 May 2015
Meeting Note NuGen
Enquiry received via email
Will Scandinavian countries be formerly consulted on the proposals for new nuclear reactors with particular reference to the Moorside propsal by NuGEN, next to Sellafield?
When the Secretary of State, using the precautionary principle, is of the view that the development is likely to have significant effects on the environment of another European Economic Area State (EEA State), the Secretary of State will notify those states. This can only be undertaken when sufficient information is available.

If any of those EEA states indicate that they wish to participate in the procedure, the Planning Inspectorate must, on behalf of the Secretary of State, send a copy of the application and environmental statement to those EEA states. The EEA states will be given an opportunity, before development consent is granted, to seek the opinion of the public and relevant authorities.

At present the Secretary of State has not received sufficient information to determine whether or not other EEA States would be likely to have significant effects on their environment.

For further information refer to our Advice Note 12.

30 April 2015
Simon Burdis
Enquiry received via email
Can NuGen re-notify the Secreatray of State under ssection 46 of the Planning Act 2008?
Section 46 of the Planning Act 2008 states that developers of nationally significant infrastructure projects should notify the Secretary of State (SoS) about a proposed application. Developers have a duty to send the Secretary of State the same information as that sent to s42 consultees as the same time or before undertaking s42 consultation.

In terms of the evolution of the Moorside project, a significant amount of time has now passed from the original notification and you have informed us that there are new project investors and a reactor design has now been chosen. Also, some of the organisations on the original prescribed consultee list (APFP Regs Sch 1) have also changed or been abolished since the original s46 notification. In those circumstances a re-notification of the project would not be regarded as an unreasonable or incongruous procedural step.

If NuGen do intend to re notify the SoS I would advise you to consider carefully the point at which you wish to begin your formal consultation and therefore when you notify under s46. It would not be helpful in procedural terms if the SoS were subsequently to receive multiple s46 notifications. This could serve to confuse prescribed consultees and the communities affected.

For the avoidance of doubt, the section 42 consultation already undertaken could not be relied upon as formal consultation if you were to re notify the SoS under s46. It would be informal consultation.

Please see Advice Note 16 for further advice about notifying the SoS under s 46 of the Planning Act 2008.

27 January 2015
NuGen - Ben Olney
Enquiry received via post
response has attachments
Enquiry about how and when the impacts of the Moorside nuclear proposal will be dealt with by the Nationally Significant Infrastructure Project application process. In particular, the impact on the A595 road (in conjunction with existing Sellafield traffic) and local healthcare provision in West Cumbria.
see attached letter

07 January 2015
Sadie Clarke
Enquiry received via meeting
response has attachments
Meeting to discuss NuGen's Moorside project in West Cumbria
Please see attached meeting note

17 December 2014
Ben Olney - NuGen
Enquiry received via meeting
response has attachments
Meeting with NuGen to discuss project updates.
Please see the meeting note attached.

02 October 2014
NuGeneration Limited
Enquiry received via meeting
response has attachments
Introductory meeting to discuss the proposed NSIP application for ?The NuGen Project in West Cumbria?.
Please see attached meeting note

08 November 2011
NuGeneration Limited