River Humber Gas Pipeline Replacement Project

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
Submission of email sent Cc'd to the Royal Mail
Following receipt of your email, as we have been copied into this as a ?cc? recipient it is assumed this has not be submitted as part of the examination and will therefore not be forwarded to the ExA. If this is not the case, please re send it directly to our mailbox as a matter of urgency and a copy will be sent to the ExA to be considered as part of the examination.

I appreciate your response has been sent in reply to Royal Mail?s original email however where possible I would also request you avoid copying in the Planning Inspectorate in the event a discussion between parties being likely to take place as this is an open and transparent process meaning any material submitted for the examination would need to be forwarded to the ExA and accepted to be part of the examination.

04 March 2016
National Grid Gas PLC - Yohanna Weber
Enquiry received via phone
Phonecall - summary below
Mr Kipling (on behalf of the Environment Agency) raised an issue via email that he had received four separate notifications for the same Rule 17 letter. The wrong advice was given in response by PINS, that he had received these notifications because he is listed as an Interested Party, a Statutory Party and an Affected Person, as well as being signed up to receive email alerts (see s51 advice 1 March 2016). A call was made to Mr Kipling today explaining that only Interested Parties should have been informed about the Rule 17 letter, and that he had been listed twice in our list of Interested/Statutory Parties contacts in error. An apology was given to Mr Kipling for advising him incorrectly, and he was advised that steps would be taken to ensure that this would not happen again.
Mr Kipling also raised the issue that other individuals within the Environment Agency had received these notifications, and that this was not necessary as he should be the sole point of contact for the Environment Agency for this project, and also that it may be helpful if notifications were issued once submissions were published, as responses to these documents were sometimes required within a short deadline. Mr Kipling was advised that these issues would also be looked into.

04 March 2016
Environment Agency - Sam Kipling
Enquiry received via email
response has attachments
Query 1: I wondered whether it would be possible to receive an email notification when the latest deadline?s submissions are published? At this stage in the examination, the gaps between the deadlines are very short. It therefore makes it very important that we have access to the documents as soon as they?re available. Rather than having to check every day, it would be of great help if an email could sent simply flagging that they?ve been published. Might that be possible?

Query 2: That?s helpful. I suppose I was confused because I have previously received a number of notifications about the project, so had assumed that I would get all notifications. Should it not be the case that all registered parties receive all the notifications as a matter of course?

Query 3: The one that?s caused me problems recently was the lack of a notification that the deadline 7 documents had been published. It was important because comments on the documents was requested only a week later, making it important to gain access promptly. Was there a notification? If so, I wonder why I didn?t get it.

Query 4: Sorry to be a pain, but I?ve just received three separate email notifications about the same rule 17 letter. A different reference is given in the body of each of the emails. See attached.
Any chance you could correct your system such that I get a notification, but just the one?
Query 1: You are able to receive updates if you sign up to the ?Email updates? on the right hand side of the project page below (you can do this for every National Infrastructure project):

[attachment 1]

For info, documents received for deadline 8 will be published today

Query 2: We do have you down as an interested party on River Humber. Therefore, you should have received all notifications sent so far regarding procedural decisions and notifications from the Examining Authority. Your IP reference is: 10031562

The updates field on the project website is slightly different, in that anyone can input their email address to receive an automatic email when the banner in the project page is updated- for example when deadline documents have been published.

Query 3 and 4: Notification that documents have been published isn?t something which we are obliged to do statutorily, although we did provide a banner update at deadline 7, so anyone who signed up to web updates would have received the update. This is what your original query was about.

The notifications that we send to interested parties are slightly different. We are statutorily obliged to notify all registered interested parties of procedural decisions and notifications from the ExA, in accordance with Rules 9 and 21 of the Infrastructure Planning: Examination Rules 2010: 9. As soon as practicable after making any procedural decision, the Examining authority must notify all interested parties of the decision. 21: Relevant representations, written representations or documents must be made available by the Commission to all interested parties and to anyone who requests an opportunity to inspect and take copies of them but this does not include notifying of the publication of all documents on our website; it is the responsibility of all parties with an interest in the examination to monitor the website for progress in the examination, using the Examination Timetable for reference of deadline dates. As stated in the Rule 8 letter issued 17 September 2015: All persons are able to visit the relevant project page on our website to stay informed of the progress of the examination of the application.

In reference to the separate issue you raised regarding receiving notification of the Rule 17 letter 26 February three times, this is because for this particular NSIP project you are registered as an Interested Party (for which your reference number is 10031562), a Statutory Party (reference number RHGP-SP011) and as an Affected Person (reference number RHGP-AFP007); when issuing Rule 17 letters we are required to notify all organisations/persons who come under these categories. You can request to cease being registered as an Interested Party to this application by submitting a request in writing to the Examining Authority, but you would still receive two copies of future correspondence as statutory parties and affected persons can not cease to be registered.
The fourth email notification you received was due to you registering to receive project updates via email. These emails will notify you whenever there is any update to the specific project website.

01 March 2016
Environment Agency - Sam Kipling
Enquiry received via email
response has attachments
Reference Royal Mail?s representations as submitted on 12 October 2016 as below and attached, are you able to advise what the applicant has done to address our client?s concerns? In particular, as requested by our client has National Grid made a commitment to fully consult with all major road users, including Royal Mail, in advance of construction works taking place? I am conscious that the Examination is scheduled to close on 9 March 2016.

I have copied National Grid?s case team so that they can respond direct.

Many thanks.
The examination of an application begins on the last day of the Preliminary Meeting and in normal circumstances has to be completed within 6 months. The Examining Authority (ExA) examines the key issues arising from an application for development consent. They consider written representations submitted by the applicant and other participants, and will generally ask questions in order to clarify points raised and to obtain further information. In some circumstances hearings may be held at which the applicant and other interested parties may speak. During this particular examination, three hearings have also taken place.

The examination is first and foremost a written process, based upon the relevant and written representations of interested parties and the written responses to questions asked by the ExA. As written evidence is such an important part of the examination, it is essential that you make any points you wish to make in writing, before the deadlines set by the ExA.

In relation to your request as to what the applicant has done to address your clients concerns, I see that the written representation on behalf of Royal Mail was submitted at Deadline 2 of the examination. The applicant along with any other party was given an opportunity to submit comments on written representations at Deadline 3. These were subsequently made available to all parties including the applicants who submitted their comments on written representations dated 2 November 2015, a copy can be accessed here: [attachment 1] There is a response to Royal Mail on page 27, which is listed at number 7. We do not appear to have received any further representations from Royal Mail however all representations submitted to the examination can be accessed on the examination library: [attachment 2]

The examination is as you say, due to close on or before Wednesday 9 March 2016 and therefore if Royal Mail consider the applicant?s response at Deadline 3 does not address Royal Mail?s concerns, or if you wish to submit any further representation I would encourage you to do so as a matter of urgency.

Please note anything received after the close of examination will not be forwarded to the ExA however a copy will be held in the office and will be forwarded to the Secretary of State alongside the ExA?s recommendation report at the time of submission.

I would also request, you avoid copying in other parties to emails addressed to the Planning Inspectorate in the event a discussion between parties being likely to take place as this is an open and transparent process meaning any material submitted for the examination would need to be forwarded to the ExA and accepted to be part of the examination.

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

29 February 2016
Royal Mail - Dan Parry-Jones
Enquiry received via email
response has attachments
Goxhill Parish Council - Humber Pipeline

Thank you for you recent email requesting Parish Council comments, particulary with regard to the traffic flow around the parish. The Parish Council do not meet until next Thursday (3rd December) and I cannot forward any comments until they have met at a full council meeting. I have forwarded your email to the councillors so that they may come prepared to the meeting, and will be able to email their decision on Friday 5th December.

I hope this is acceptable to the planning inspectorate.
Thank you for your email. The inspectorate has not emailed you directly therefore I believe that the information that you are speaking about may have been conveyed to you from the North Lincolnshire Council representatives following a recent issue specific hearing. The council representatives where asked to encourage the Goxhill parish councillors to send in representations regarding the potential bypass.

If you wish to listen to the hearing the audio is available on our website:

[attachment 1]

I must draw your attention to the examination timetable and deadlines which can be found here:
[attachment 2]

The next deadline is Friday 27 November and that is the date that the examining authority would like the information to be provided. If you are unable to meet this deadline the examining authority may use his discretion to accept a late submission, but this cannot be guaranteed. I also wish to advise your that the next deadline for submission is 22 December.

I hope this information is useful. Please do not hesitate to contact us if you have any further queries.

26 November 2015
Goxhill Parish Council - Chris Tooby
Enquiry received via email
See letter from Mr Dale of 9 September published in the 'Documents' tab on the River Humber project page of the website.
I write further to my email to you of 17 September 2015. In responding you may also wish to have regard to the following areas where further clarity would assist the ExA:

? Your letter refers to Mr Shepherdson whereas the Book of Reference refers to a Mr Shepardson. Confirmation of which spelling is correct would be helpful.
? Your letter refers to Tetney Fields whereas the Book of Reference refers to Totney Fields. Confirmation of which spelling is correct would be helpful.
? You list Mr M Golland and Mr B Leach in your letter as being affected persons, however they do not appear in the Book of Reference. Confirmation of which plots are related to these parties and the provision of evidence of their interest in that land would be helpful.
? If Mr B Tull, Mr J Harrison and Mr and Mrs Wathen wish to be request to become Interested Parties (IP), the s102A form on our website will need to be completed. If these individuals complete the form on their own behalf, then they will also need to provide written confirmation that you are to act on their behalf. If however you complete the form on their behalf, their written confirmation will not be necessary.
? Mr P Stancer is an IP and has made a Relevant Representation, and Ms C Mills has completed the s102A form and made her own s102A request. The ExA will therefore require confirmation from these individuals that they have requested you to act on their behalf.

This information will assist the ExA in considering any requests that are made to become Interested Parties under s102A of the PA2008. Although there is no deadline for submitting the above information, early submission will ensure that the ExA can consider any requests fully and make a decision quickly.

22 September 2015
DDM Agriculture - Tony Dale
Enquiry received via email
Query regarding requests to become IPs under s102A of the PA2008.
The Inspectorate confirmed that:

Those who wish to be treated as Interested Parties due to their proximity to the scheme, but are not having land compulsorily acquired, should complete the s102A form on our website. The form is located in the ?Overview? tab ? users will need to expand the grey box to see the link to the form.

With regards to those who are to have land compulsorily acquired, those who are not in the Book of Reference nor have made a Relevant Representation will also need to complete the s102A form on our website.

Once the examining authority has considered any requests that are made, you (on behalf of your clients) will be contacted bythe Inspectorate to inform you about whether or not your clients have been accepted as an interested party.

17 September 2015
DDM Agriculture - Tony Dale
Enquiry received via email
response has attachments
Questions from the applicant in respect os S53 process:

1. We have considered the guidance and would just like to clarify that we are OK to use S53 for these sorts of surveys.

2. We are aware that there is a £1000 fee for each request to PINS to use S53. We wondered whether as it is a single plot and owner that we are dealing with whether you would be content with a single application in due course. Likewise whilst there are two different survey types required (hydrogeological/trial trenching) whether you would be accepting of both of these under the same S53 application.

3. We believe currently the timeframes for the process give around a 3 month determination period and we wondered as this is a single owner whether there would be any prospect of the process being completed more quickly. We are obviously keen to try and get the surveys done and agreement reached on the results with the EA and the council in advance of the examination so obviously the timescales for this are very tight.
Section 53 of the Planning Act gives powers to enter land to carry out surveys and take levels and/or in order to facilitate compliance with statutory provisions implementing the Environmental Impact Assessment Directive or Habitats Directive. This ?includes power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals or other matter in it?. Therefore, you will need to be confident that the need for your surveys falls within these definitions. You will need to ensure you provide a robust justification for the surveys that you are requesting with your authorisation request with due consideration to the requirements of Section 53, and ensure that the need for intrusive surveys is reflected in the conditions that you propose.

The Secretary of State has previously granted authorisation for a range of surveys, including intrusive boreholes; see the Yorkshire CCS project as an example.

As discussed on the phone, it is your understanding that all of the area for which you are seeking access is a single registered title. As we treat each land parcel representing a registered title or area of unregistered land as a single s.53 authorisation request, the fee would therefore be £1000.

If the plot does comprise more than one registered title and/or areas of unregistered land, we will use our discretion to determine whether or not it is a single or multiple request. Having viewed the plan you have provided; if there was to be more than one areas of registered/unregistered land within this green area, we would likely consider it to be a single request given that each would be sufficiently neighbouring to each other. We could confirm this upon viewing the registered titles for register land/areas of search for unregistered land.

We would accept both surveys within the same section 53 application; the fee is related to the number of parcels of land and not the number of surveys.

As discussed, there is not statutory timescale for determination of a section 53 authorisation request and it is highly dependent upon whether we identify the need for any further information either from the request itself or as a result of responses we receive from the landowner. We are unable to guarantee a timeframe for the determination period but will endeavour to process the authorisation request promptly. To reduce the potential for further information requests, please ensure that you have included all of the information set out in the April 2015 version of the advice note [attachment 1]

06 June 2015
National Grid - Carl Simms
Enquiry received via email
response has attachments
Advice given following acceptance decision
Attached

12 May 2015
National Grid Gas Plc- Nick Dexter
Enquiry received via meeting
response has attachments
A meeting with NGG to discuss the progress of the project and give feedback on draft documents.
Please see the attached meeting note.

12 February 2015
National Grid Gas plc - Nicholas Dexter
Enquiry received via meeting
response has attachments
Project update meeting with the National Grid.
Please see the attached meeting note.

11 December 2014
National Grid - Nicholas Dexter