Wheelabrator Kemsley Generating Station (K3) and Wheelabrator Kemsley North (WKN) Waste to Energy Facility

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 email
response has attachments
Advice sought in relation to the applicant’s proposed approach for the draft DCO and Works Plans.
Please see the attachment

10 July 2019
DHA Planning - David Harvey
Enquiry received via email
Further clarification sought on the restructuring of the Environmental Statement relating to the Wheelabrator Kemsley Generating Station (K3) and Wheelabrator Kemsley North (WKN) Waste to Energy Facility application.
As previously discussed it is not appropriate for the Inspectorate to provide an opinion on the scope of the ES outside of the formal process for doing so, which is established in accordance with the EIA Regulations. On that basis and for the avoidance of doubt the information contained in this email is not a formal scoping opinion on which you can rely but is provided in accordance with s51 of the Planning Act 2008. At the meeting held on 19 June 2019 the Inspectorate explained that it would be necessary to ensure that the ES submitted with the application for Wheelabrator Kemsley (K3) and Wheelabrator Kemsley North (WKN) includes an assessment which robustly assesses the likely significant effects associated with the execution of powers included within the DCO. Due to the nuances of the PA2008 it is important that the application DCO includes powers to both construct and operate K3 even though in reality the construction of K3 is already underway and largely complete (albeit through consent under the Town and Country Planning Act (TCPA)). It is therefore necessary that the ES assesses the likely significant effects occurring during the construction (accepting that this will quite likely be a theoretical exercise) and the operation of K3 since they need to be examined and considered by the decision maker. You have suggested including the K3 2010 ES (as amended) as an assessment of the construction related significant effects for K3 and supplementing this assessment with the relevant additional aspects occurring in response to the EIA Regulations 2017. This appears to be a pragmatic approach and I note the reference to human health and climate change as being additional aspects not previously considered, you may also want/need to consider addressing the vulnerability of the proposed development to major accidents or disasters. I also understand that the DCO application may include powers to construct features associated with or ancillary to K3 and which were not included in the previous TCPA application, assuming this is the case the ES should assess any significant effects associated with such features again with reference to the theoretical baseline position. Your enquiry also proposes an approach to addressing what is (I appreciate) a tricky position with regard to environmental baseline for the purposes of the assessment. The Inspectorate has already advised that since the application requires the inclusion of powers to construct K3 it is necessary to include an assessment of the likely significant effects associated with that construction. The ES should therefore assess impacts that occur from a pre K3 baseline this would include the construction and operational effects associated with K3 operating at 75MW, however since the assessment must include the theoretical baseline prior to the TCPA consent the ES may also benefit from also including an assessment using the more representative operational baseline of K3 operating at 49.9MW. This would perhaps enable the examination and decision maker to focus on matters which may be considered of most relevance to those participating in the process. I appreciate that the approach is complicated and slightly irregular when compared with more traditional applications. I think the description of the development and overall approach to the assessment usually contained in the front end of the ES is probably of key importance since this will act to frame the approach and explain the structure of the assessment. On that basis we would be happy to have a look at those sections through our review of draft docs and provide comments and feedback as appropriate.

09 July 2019
DHA Planning - Tim Spicer
Enquiry received via meeting
response has attachments
Project Update Meeting
Please see attached

19 June 2019
Wheelabrator Technologies Holdings Inc - anon.
Enquiry received via meeting
response has attachments
Project update meeting
Please see attached

29 May 2019
Planning Inspectorate, BEIS and the Applicant - anon.
Enquiry received via meeting
response has attachments
Project update meeting
Please see attached

16 May 2019
Planning Inspectorate, BEIS and the Applicant - anon.
Enquiry received via meeting
response has attachments
Project Update Meeting
Please see attached meeting notes

26 March 2019
Wheelabrator Technologies Inc (WTI) - anon.
Enquiry received via meeting
response has attachments
Project Meeting Update
Please see attached

10 September 2018
Wheelabrator Technologies Inc (WTI) - anon.
Enquiry received via meeting
response has attachments
Project update meeting
Please see attached Meeting Note.

08 August 2018
Wheelabrator Technologies Inc (WTI) - anon.
Enquiry received via meeting
response has attachments
Project update meeting
Please see attached Meeting Note.

24 May 2018
Wheelabrator Technologies Inc (WTI) - anon.
Enquiry received via meeting
response has attachments
Project update meeting
Please see attached meeting note

12 October 2017
RPS for Wheelabrator Technologies Inc - Chris LeCointe
Enquiry received via meeting
response has attachments
Discussion to inform production of Scoping Report
See attached meeting note

16 November 2016
Wheelabrator Technologies Inc - anon.
Enquiry received via meeting
response has attachments
Project Meeting
Please see attached meeting note

15 July 2016
RPS for Wheelabrator Technologies Inc - Chris LeCointe