Thorpe Marsh Gas Pipeline

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
Advice given to the statutory consultee on the procedural matters, their involvement in the process and response to their suggestion.
Thank you for your email and suggestion made to forward the letter to the South Yorkshire Fire and Rescue Service.

You may be aware that as a part of the process, the Planning Inspectorate is under a duty to identify prescribed (statutory) consultees and inform them of any procedural decisions. Both, North and South Yorkshire Fire and Rescue Services have therefore been identified as the statutory parties for the above project. The letter has also been also sent to the South Yorkshire Fire and Rescue Service.

Please note that unless you notify us that North Yorkshire Fire and Rescue Service wishes to become an interested party for the project on or by 20 May 2015 in order to participate in the examination, you will not receive any further correspondence from us except:

? Rule 8(3) letter - changes to examination timetable (Rule 8(3) letter)
? Section 99 letter ? close of examination letter

07 May 2015
North Yorkshire Fire & Rescue Service
Enquiry received via email
response has attachments
Advice given to the statutory consultee on the procedural matters and their involvement in the process.
Thank you for your email informing us that the project is not in the parish area.

You may be aware however, that the Planning Inspectorate acts on behalf of the Secretary of State in examining applications for nationally significant infrastructure projects (NSIPs). As a part of the process, the Planning Inspectorate is under a duty to identify prescribed (statutory) consultees and inform them of any procedural decisions. Your Parish Council has been identified as one of the statutory parties for the above project. Procedural decisions which the Planning Inspectorate must therefore send to you as a statutory party include:

? Rule 6 letter ? an invitation to the Preliminary Meeting, draft timetable, appointment of Examining Authority;
? Rule 8 letter - final examination timetable,
? Rule 8(3) letter - changes to examination timetable (Rule 8(3) letter)
? Section 99 letter ? close of examination letter

Please note however, that is for you to decide whether you wish to respond to this correspondence or participate in the examination.

In the Rule 8 letter, the Examining Authority asks statutory parties whether they wish to become an interested party for the examination of the project. If you do not inform us that you wish to become an interested party within the deadline specified in the Rule 8 letter, you will not receive any more examination correspondence with exception to those listed above.

For more information about the project itself please visit the project website using below link:

[attachment 1]

Please also use below link below to access the Planning Inspectorate?s Advice Notes on various topics related to the process.

[attachment 2]

I hope this information is helpful, but please contact us directly should you have any more questions.

05 May 2015
Newland Parish Council
Enquiry received via email
response has attachments
Advice given to non-interested party on submission of representations during the examination.
Thank you for your email with comments regarding the proposed Thorpe Marsh Gas Pipeline project.

As you may be aware, the time for submitting a relevant representation in order to become an interested party for the project closed on 10 March 2015. Unfortunately, the Planning Inspectorate did not receive your relevant representation by the deadline. Therefore, you are not automatically registered as an interested party for the project. Please note however, that this does not mean that you cannot participate in the examination of the application.

Non-interested parties, can also make submissions during examination to the appointed Examining Authority (ExA); it will however be at the discretion of the ExA to decide whether or not to accept such submissions into the examination. If you wish your views to be known by the ExA, I suggest that you either re-submit them as a written representation to examination at Deadline 1 of the final examination timetable, if easier, we can keep your email on the file until deadline 1 and bring it to the attention of the ExA.

Please note that the final examination timetable will be issued shortly after the Preliminary Meeting that will take place on 22 April 2015, in the letter known as Rule 8. In the meantime, I suggest following the website for project news and the Rule 8 letter using below link:

[attachment 1]

You may also find it helpful reading our series of Advice Notes 8.1 and 8.5 available from below link to find out more about the process.

[attachment 2]

Once again, I would be grateful if you could confirm whether you wish to re-submit comments for the first deadline or you wish us to keep it on file for the Examining Authority to decide.

Please contact us directly should you have any questions.

15 April 2015
C Holliday
Enquiry received via email
response has attachments
Advice given to the statutory consultee on the procedural matters and the statutory party?s involvement in the process
Thank you for your email response with regard to Thorpe Marsh Gas Pipeline project.

I understand that you wish to find out more information about the letter dated 27 March 2015.

You may be aware that the Planning Inspectorate acts on behalf of the Secretary of State in examining applications for nationally significant infrastructure projects (NSIPs).

As a part of the process, the Planning Inspectorate is under a duty to identify prescribed (statutory) consultees and inform them of any procedural decisions. South Yorkshire and Bassetlaw Area Team has therefore been identified as one of the statutory parties for the above project. Procedural decisions which the Planning Inspectorate must send to you as a statutory party include:

? Rule 6 letter ? an invitation to the Preliminary Meeting, draft timetable, appointment of Examining Authority;
? Rule 8 letter - final examination timetable,
? Rule 8(3) letter - changes to examination timetable (Rule 8(3) letter)
? Section 99 letter ? close of examination letter

Please note however, that is for you to decide whether you wish to respond to this correspondence or participate in the examination.

In the Rule 8 letter, the Examining Authority will ask statutory parties whether they wish to become an interested party for the examination of the project. If you do not inform us that you wish to become an interested party within the deadline specified in the Rule 8 letter, you will not receive any more examination correspondence with exception to those listed above.

For more information about the project itself please visit the project website using below link:
[attachment 1]

Please also use below link below to access the Planning Inspectorate?s Advice Notes on various topics related to the process.
[attachment 2]

I hope this information is helpful, but please contact us directly should you have any more questions.

14 April 2015
NHS England
Enquiry received via email
response has attachments
Advice given to non-interested party on submission of representations during the examination
As advised in the email below, if you wish your views to be known and taken into account by the Examining Inspector, you must submit them as a written representation to the first deadline set in the final examination timetable. Final timetable will be issued shortly after the Preliminary Meeting on 22 April 2015, in the letter known as Rule 8 letter. In the meantime, I suggest following the project website for the project news and the final timetable from here:

[attachment 1]

You should be aware however, that the time to submit relevant representations in order to become an interested party for the project closed on 10 March 2015. As we have not received your relevant representation by that time, you are therefore not registered as an interested party for the project. In addition, there is no further opportunity to become an interested party for that project however, this does not mean that you cannot participate in the examination of the application.

Non-interested parties can make submissions to the Examining Inspector within deadlines set in the examination timetable, however it is in the Examining Inspector?s discretion to decide whether or not to accept such a submission for examination.

Once again, I therefore suggest to follow the project website for information and watch out for the final examination timetable to make your submission.

Please feel free to ring us should you have any questions.

08 April 2015
Capt. K.Widdowson
Enquiry received via email
Advice given to the statutory party on their status and role in the process
Thank you for your email regarding Thorpe Marsh Gas Pipeline project.

I understand that you do not wish to receive any further correspondence regarding Thorpe Marsh Gas Pipeline project.

Please note however, that the Equality and Human Commission is identified as a statutory party in regulations for this project. The Planning Inspectorate, acting on behalf of the Secretary of State, is therefore under a duty to inform all statutory parties about any procedural decisions with regard to that project. Procedural decisions which must be send to you as a statutory party regardless include:

? Rule 6 letter ? an invitation to the Preliminary Meeting, draft timetable, appointment of Examining Authority;
? Rule 8 letter - final examination timetable,
? Rule 8(3) letter - changes to examination timetable (Rule 8(3) letter)
? Section 99 letter ? close of examination letter

Please note however, that it is for you to decide whether you wish to respond to above letters or participate in the examination.

In the Rule 8 letter, the Examining Authority will ask all statutory parties whether they wish to become an interested party for the examination of the project. If you do not inform us that you wish to become an interested party within the deadline specified in the Rule 8 letter, you will not receive any more examination correspondence with exception to those listed above.

I hope that is helpful and apologies for any inconvenience.

07 April 2015
Equality and Human Rights Commission
Enquiry received via email
response has attachments
Advice given on the status of an interested party and submission received not on prescribed form during relevant representation period.
Further to my email below sent on 13 February 2015, I have tried to contact you on number of occasions but unfortunately with no response.

As advised in my email, the relevant representation stage for the Thorpe Marsh Gas Pipeline project has opened on 9 February and closed on 10 March, 5:00pm.

In that email, I also recommended that you submit your comments on the relevant representation form in order for your views to be considered by the examining Inspector/s (known as Examining Authority). The submission of the relevant representation also gives a status of an interested party. Unfortunately we did not receive any relevant representation from you by the deadline.

Although there are no further opportunities to become an interested party in these circumstances, please note that your submission will be made available to the Examining Authority, once it is appointed. The Examining Authority will have the discretion to decide whether or not to accept your submission to the examination. Under the provisions of the legislation, the Examining Authority may also choose to invite any other persons to the initial meeting, known as the Preliminary Meeting. Should the Examining Authority decide to invite you to the meeting, you will receive a letter inviting you to the Preliminary Meeting, also known as a Rule 6 letter. Shortly after the meeting the Examining Authority will issue the final examination timetable.

It should be noted that a person who is not an interested party (under the definition in the Act) can also make a submission to the Examining Authority, however it will be at its discretion as to whether to accept the submission in to the examination or not .

In the meantime, I suggest following the project website using below link for information:
[attachment 1]

Please contact us however, should you have any questions.

20 March 2015
Dave Evans
Enquiry received via email
Request for comments on draft No Significant Effects Report
Thank you for giving the Planning Inspectorate the opportunity to comment on the draft Habitats Regulations Assessment (HRA): No Significant Effect Report (NSER) for the Thorpe Marsh Gas Pipeline received on 6 October 2014. The Inspectorate welcomes the opportunity to comment on draft documents as this enables us to provide advice about any omissions or procedural risks for the acceptance or examination stages. This advice forms parts of our pre-application service, details of which are available in the Inspectorate?s pre-application prospectus which outlines the structured and facilitative approach to support the Inspectorate can offer during the pre-application stage.

The Inspectorate notes that the NSER comprises: an introduction; a copy of a screening letter sent to Natural England which identifies European sites and considers likely significant effects and potential pathways (dated 22 July 2013); a copy of Natural England?s response (dated 24 July 2013); and screening matrices. The Inspectorate welcomes and supports early pre-application engagement. The Inspectorate is encouraged by the engagement you have had with Natural England and is pleased to note their agreement with the conclusions of your HRA screening letter. The Inspectorate also notes the NSER is a succinct document and recognises this is primarily due to the applicant?s conclusion of no likely significant effect on any European site. The Inspectorate acknowledges the distance of the pipeline from the European sites and a lack of identified pathways. However, it is important for the purposes of the examination that the Inspectorate is provided with all the necessary information on which to make a robust recommendation to the Secretary of State.

We have now reviewed the documents and have set out some comments below which are intended to support in the preparation of the application. Please note that the comments provided are without prejudice to any decisions taken by the Secretary of State during acceptance or the Examining Authority during examination, if the proposed development is accepted for examination. These comments are not intended to be a detailed review of the draft HRSA and its findings, but are a high level review intended to provide helpful comments/observations as appropriate. As these comments constitute section 51 advice under the Planning Act 2008 (as amended), they will be placed on the Planning Inspectorate's register of advice on the website.

No Significant Effects Report

1.1 Paragraph 1.5 of the NSER states that ?this NSER is considered sufficient to address Regulation 5(2)(g) and the Application does not need to be accompanied by a Habitats Regulations Assessment (HRA) Report?. The Inspectorate reminds the applicant that in actual fact HRA refers to the ?process? designed to meet the requirements of the Conservation of Habitats and Species Regulations 2010 (as amended) (?the Habitats Regulations?) rather than a separate report and that the NSER would form part of this process.

European sites

1.2 The Inspectorate notes that European sites within 10km have been considered in the NSER (Table 1 of Appendix 1.1). The applicant is advised to justify the use of the 10km buffer and to obtain confirmation from Natural England that the all relevant sites and features have been considered.

1.3 In this regard, the Inspectorate notes that the Humber Estuary Special Area of Conservation (SAC) and Special Protection Area (SPA) have been identified in the NSER, although the Humber Estuary Ramsar site has not been identified. The applicant is reminded that European sites include SACs, candidate SACs and SPAs which are protected under the Habitats Regulations. As a matter of policy, the Government also applies the procedures of the Habitats Regulations to potential SPAs, Ramsar sites, and (in England) proposed Ramsar sites and sites identified, or required, as compensatory measures for adverse effects on any of the above sites.

1.4 The Inspectorate considers it would be useful for the NSER to contain a map identifying the location of the European sites in relation to the proposed gas pipeline.

Mitigation

1.5 The letter dated 22 July 2013 from the applicant to Natural England contained in Appendix 1.1 of the NSER refers to a Construction Environmental Management Plan (CEMP) which would contain measures to reduce effects to air and water quality. The Inspectorate advises the applicant to identify how the CEMP will be secured in the draft Development Consent Order and to provide a draft copy of the CEMP with the application. It will also be important to ensure that the draft CEMP includes at least the minimum measures required to mitigate the impacts to European sites.

In combination impacts

1.6 Regulation 61 of the Habitats Regulations requires that before any consent, permission or other authorisation can be granted, which would include grant of a DCO, a competent authority must make an assessment of the likely implications for European sites where the plan or project 'is likely to have a significant effect on a European site?(either alone or in combination with other plans or projects)?.

1.7 The Inspectorate notes that at present the NSER does not consider in-combination impacts and advises this is given due consideration prior to submission. Please refer to Planning Inspectorate Advice Note 10 which recommends that the following plans or projects should be considered for in-combination impacts:

? projects that are under construction
? permitted application(s) not yet implemented
? submitted application(s) not yet determined
? all refusals subject to appeal procedures not yet determined
? projects on the National Infrastructure?s programme of projects
? projects identified in the relevant development plan (and emerging development plans - with appropriate weight being given as they move closer to adoption) recognising that much information on any relevant proposals will be limited.

1.8 In particular, the Inspectorate is aware of a number of projects in the region which individually have the potential to result in disturbance and habitat loss/fragmentation for interest features at European sites (ornithology) and therefore recommends that the NSER addresses the potential in-combination impacts of such impacts.

Screening Matrices

1.9 The Inspectorate welcomes the inclusion of the screening matrices with the NSER. The Inspectorate considers that the footnotes in the matrices are relatively brief and lack some detail, however also acknowledges the applicant?s assertion that the proposed development is at distance from the European sites and there are no impact pathways that have been identified.

1.10 For ease of reference, the Inspectorate advises that rather than using ?effect 1, 2, 3 etc? as column headings in the European site matrices, the impacts as detailed in the ?Impacts in submission information? column of the table on page 1 of the matrices document are used; this will avoid the need to refer back to page 1 of the matrices document.

21 October 2014
Environ - Matt Royal
Enquiry received via phone
Can local authorities charge a fee for DCO related work?
There is no mechanism in the Planning Act 2008 for any party to charge a fee, other than the Secretary of State. Developers of some NSIP projects have entered into Planning Performance Agreements to facilitate the input and engagement of local authorities and other statutory bodies in the DCO process, particulalry at the pre application stage.

01 July 2014
Doncaster MBC - Roy Sykes
Enquiry received via meeting
response has attachments
Meeting with Thorpe Marsh Power Ltd on 6 March 2014
Please see Meeting Note attached

06 March 2014
Thorpe Marsh Power Ltd
Enquiry received via email
Request from the applicant to review draft Statement of Community Consultation (SoCC)
The Inspectorate made following obesrvations on the applicant's draft SoCC:

1. In the ?Summary Statement of Community Consultation? you have included a statement that the proposed development is considered to be an Environmental Impact Assessment (EIA) development. You may wish to include the same statement clearly in the content of your SoCC for consistency.

2. We note that you are currently waiting for comments on the content of your SoCC from the relevant local authorities, with a deadline for receipt of 25 September 2013. We note that the letter inviting local authorities to comment on the SoCC is dated the 27 August 2013, therefore the statutory minimum period of 28 days for comment would appear to have been provided.

3. We note that in your SoCC and summary SoCC you use the terms ?formal? and ?informal? (see paragraph 5.1) as well as ?technical consultation? (see paragraph 4.9). In the interests of clarity we advise you to use the terms ?statutory? and ?non-statutory?, where appropriate, when describing the relevant stages of consultation throughout the document. Furthermore, it is useful for applicants to use consistent terminology between their SoCC and Consultation Report. It is for the applicant to determine how to explain their consultation approach. However, it must be clear which stages of consultation were ?statutory? and ?non- statutory? and under which sections of the Planning Act 2008 they were undertaken.

4. We note that when listing the Parish Councils in the table below paragraph 4.6 of the SoCC, the letters ?D?, ?E? and ?S? are used to denote which local authority they are situated in (Doncaster Metropolitan District Council, East Riding of Yorkshire Council, Selby District Council respectively). However, this may not be immediately apparent to some. Therefore consideration should be given to using more than just the first letter of the name of the host authority for clarity. Moreover, s.43 of the 2008 Act categorises local authorities into ?A?, ?B?, ?C? and ?D? authorities. Therefore, the use of a single letter of the alphabet to denote the location of the parish councils could be misconstrued for the categories used in s.43 of the Planning Act 2008.

5. Paragraph 7.27 of the SoCC states that ?consultation documents can be made available in minority languages specify to the area. Large format and Braille options can also be made available of all literature?. You may wish to include more detail on how a person may request such documents.

6. We note the use of abbreviations, such as the use of ?TIP Regs? in Appendix 1 of your SoCC. In the interests of clarity you might wish to consider avoiding the use of abbreviations where possible, or provide a glossary of terms. Please also note paragraph 38 of the DCLG Planning Act 2008: Guidance on pre-application process (2013) which states that: ?the applicant must set out clearly what is being consulted on? and that: ?the document should be written in clear, accessible and non-technical language?.

7. Please note that a number of typographical errors have been identified in the SoCC document. It is therefore advisable that the document is reviewed and any and all errors addressed.

8. Paragraph 7.6 of your SoCC refers to ?Stage 1 Consultation?. It is understood that at this stage you are intending to carry out consultation under both s.42 and s.47 of the Planning Act 2008. Please be aware that on or before commencing statutory consultation under s.42 you must provide the Secretary of State with notification under s.46 of the Planning Act 2008.

9. We would also draw your attention to DCLG Planning Act 2008: Guidance on pre-application process (2013), which states ?where an iterative consultation is intended, it may be advisable for applicants to carry out the final stage of consultation with persons who have an interest in the land [As set out in section 44 of the Planning Act 2008] once they have worked up their project proposals in sufficient detail to identify affected land interests?.

10. In more general terms, please note that it is advisable for all applicants to ensure that the summary of relevant responses received during the pre-application consultation is captured within the Consultation Report. In addition, all applicants are advised to explain how those responses influenced the proposal and how those changes were applied as a result of comments received (please see the Planning Inspectorate?s Advice Note 14 for further information).

11. In addition to the above, please note that paragraph 31, DCLG Planning Act 2008: Guidance on pre-application process (2013) states that: ?where a local authority decides that it does not wish to respond to a consultation request on the Statement of Community Consultation, the applicant should make reasonable efforts to ensure that all affected communities are consulted.?

24 September 2013
Thorpe Marsh Gas Pipeline Thorpe Marsh Limited
Enquiry received via meeting
response has attachments
Please find attached a note of the initial meeting held between the applicant and the Planning Inspectorate on 4 December 2012.

04 December 2012
James Magor