We are currently working on a rebuttal of National Grid's Minerals Report and on the Statement of Common Ground. My team wanted me to check with the Inspector whether we have to have this rebuttal with the Inspector by the hearing date of 4th February, or whether we can wait until nearer the next deadline? The Minerals Report is a lengthy document and we need to take time to be sure of our response. In any event the Inspector requested that certain evidence that was mentioned on the site visit should be made available at the hearing and we are working towards that.
Thank you for your email.

Should you decide to submit your rebuttal for tomorrow?s hearing it is likely that the said document will not be able to be fully considered by the ExA or the applicant. Therefore it is likely that the applicant would be unable to respond to it at the hearing itself.

If you feel that you need to take time to be sure of your response, I would advise you consider submitting your rebuttal to the ExA for deadline 3 (17 February 2015); the applicant would then have the opportunity to respond, should they wish, by deadline 4 (4 March 2015).

Another option you may wish to consider is to raise those points you intend to include in your rebuttal verbally to the ExA at the hearing; the above scenario could then apply and you would have the opportunity to submit your rebuttal for deadline 3 (17 February 2015) as a written summary of an oral case made at a hearing.

If you have any further questions please get in touch.

Mineral Products Association - Malcolm Ratcliff

FAO Sarah Jones, In response to the invitation to attend preliminary meeting and availability of relevant representations, North Yorkshire Fire and Rescue Service would like to politely decline the invitation.

With regard to the examination procedure and all further subsequent planning and installation regarding the National Grid Carbon Limited application for the Yorkshire & Humber Carbon Capture and Storage (CCS) Cross Country Pipeline, North Yorkshire Fire and Rescue Service would be grateful if we could be kept informed where;

? Planned or existing work could impact the Fire and Rescue Service?s ability to respond by road to emergency incidents within North Yorkshire.

? Planned or existing work poses an increased risk to the public.

North Yorkshire Fire and Rescue Service would benefit from the finalised planned layout of the CCS as a GIS Layer, if this could be provided.

If you feel that there would be significant benefit in North Yorkshire Fire and Rescue Service participating further in this process, or you wish to discuss this further, please contact myself as below.
Dear Mr Warren

Thank you for your email of 11 November 2014. Unfortunately we are unable to notify you regarding specific issues as the examination progresses but there are a couple of ways you can stay updated about what is happening.

I note that North Yorkshire Fire and Rescue Service is a statutory consultee (personal ref: YHPL-SP009) for the purposes of the examination. Statutory consultees who have not made a relevant representation and do not notify the Planning Inspectorate of their wish to become an interested party will not receive any further correspondence following the Examining Authority?s Rule 8 Letter (issued shortly following the Preliminary Meeting which is being held on the 19th November). If you do not notify the Planning Inspectorate that you wish to become and interested party, this will apply to you.

If you do request to become an interested party, once the examination is underway you will have the opportunity to provide written evidence on any of the issues that concern you, if you wish. You may request that an ?open floor? hearing is held, and to speak at it. You will be informed of the progress of the examination, and once it is concluded, you will be notified of the decision. If you wish to become an interested party we are able to change how you receive the correspondence to email so you don?t continue to receive hard copies if this is more convenient. Just let us know the preferred email contact.

My advice is should you believe you wish to make a representation to the Examining Authority during the examination you request to become an interested party in the examination. You can request to become an interested party by replying to this email.

If you do not wish to become an interested party but you would like to keep up to date with the examination you can do so by signing up to our email updates or visit the relevant project page on the National Infrastructure pages of the Planning Portal website; you can do both by following this link:

[attachment 1]

For a finalised planned layout of the CCS as a GIS Layer, I advise you contact the applicant directly as they may be able to provide the said documents; unfortunately we do not provide any copies.

I hope this information help, please contact us should you have any further questions.

North Yorkshire Fire & Rescue - Marc Warren

Advice issued with regards to correspondence received from Drax Power Station Angling Club during relevant representation stage.
Thank you for your email and accompanying attachments setting out your comments and queries regarding the Yorkshire and Humber CCS Cross Country Pipeline project.

Unfortunately, despite having received your comments and queries, we are unable to accept them in email format. Please note that at this stage for your comments to be considered they must be submitted on the prescribed form as required by legislation.

It is therefore advised that you re-submit your comments by submitting a ?relevant representation?. You may do this by completing the form available at the following link:
[attachment 1]

Submission of the relevant representation will ensure that your comments are considered by the person(s) appointed to examine the application (known as the Examining Authority), and will also give you the status of an Interested Party (IP). As an IP you will be invited by the Examining Authority to attend the Preliminary Meeting to discuss the draft timetable for the application. Moreover, as an IP you will also be invited to take a part in the examination of the application by the submission of further representations.

The deadline for submitting your relevant representation is Friday 12 September 2014. Therefore you have until this time to submit your relevant representation, otherwise unfortunately we might not be able to accept your registration and you will not be become an Interested Party.

Should you wish to see guidance on submitting a relevant representation please view: Advice note 8.3: How to register and become an interested party in an application.

In addition, if the attachments included in your email below are part of application documents and currently appear on our website, we suggest referring to those documents in your representation.

Apologies for any inconvenience that this may cause, however I hope this information is useful.

Please feel free to contact me on the details provided below if you would like to discuss the above matter.

Drax Power Station Angling Club - Dan Boast

Request from the applicant for contact details of prescribed consultee 'Basic Power'.
Firstly, please note that it is for the applicant to carry out its checks in order to identify relevant organisations and replacement/parenting companies (for bodies that cease to exist) that should be served with the Notice of accepted application under section 56 of the Act.

Secondly, as the said consultee does not appear on our records, we are unable to confirm the address.

Please note that this advice given does not however constitute legal advice upon which you can rely and you should obtain your own legal advice and professional advice as required.

WYG - Liz Wells

Please find attached a letter sent to the applicant, providing s51 advice on matters which came to light during the acceptance stage of the Yorkshire and Humber CCS Cross Country Pipeline application

National Grid Carbon Limited - Richard Gwilliam

Teleconference between the Planning Inspectorate, National Grid and Natural England to discuss the Habitats Regulations Assessment (HRA)
Please see attached meeting note

National Grid & Natural England

The applicant requested comments from the Planning Inspectorate on their further draft of the Consultation Report submitted on 17 April 2014
Please see the attached document for the Planning Inspectorate's comments on the draft document

National Grid Carbon Limited

Teleconference to discuss draft documents submitted in March 2014 and general project update
Please see attached meeting note

National Grid Carbon Ltd

The applicant requested comments from the Planning Inspectorate on the draft documents submitted in March 2014, including their draft sample Land Plans and the draft preamble to the Book of Reference
Please see the attached document for the Planning Inspectorate's comments on the draft documents

National Grid - Richard Gwilliam

Query from the applicant regarding suitability of deposit locations for the application documents, and the format in which application documents should be provided to these deposit locations.
Thank you for your email regarding deposit locations. We have sought to provide advice to the queries in your email in two parts:

(a) Are you able to advise whether the locations as listed in the SoCC are suitable for deposit copies of the DCO submission to be placed:

Firstly, please note that it is for the applicant to use its own judgement when considering the suitability of deposit locations.

Secondly, applicants are advised that where the proposed development consists a linear scheme, it is helpful to consider more deposit locations to make the application documents available for public inspection. When identifying the suitability of the venue, you may wish to consider its population density and location. In general, documents should be made available to the public in a way that is reasonably convenient for people living in the vicinity of the land where the development is proposed, perhaps you may therefore wish to consider having your deposit locations in the vicinity of the land near the main elements of the project. It should be noted that when choosing deposit locations the following should be considered:

? availability of free internet access;
? availability of printing and photocopying facilities and details of charges. In the case where these facilities are not provided within the venue, details of where and when documents may be printed/copied.

Please also note that venues should also be easily accessible to all users.

(b) Is PINS happy for CD copies of the DCO submission to be sent to these locations? (some of the libraries and centres are quite small and may struggle to accommodate the DCO in totality)

The applicant will need to send its application documents to deposit locations no sooner than once the application has been accepted for examination. Section 56 of the Act requires the applicant to publish a notice of the accepted application in the relevant newspapers and at intervals of not more than 5 kilometres along the route, as per Regulations 9 (1), 4 (2) and 9(3) of The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2010. The same Reg 9(4) of these Regulations states that the notice must include a ?statement that a copy of the application form and its accompanying documents, plans and maps are available for inspection free of charge at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice.? The Regulations therefore do not explicitly state whether the applicant must make their application documents available for inspection in the hard or electronic form.

It would be helpful if locations chosen can support free internet access, have printing facilities and that staff at the locations are able to assist the public. If the application is accepted, this would then enable examination documents to also be made available by the Planning Inspectorate at the same electronic deposit locations.

It should be noted however, that it is good practice for the applicant to provide some hard copies of the application documents at deposit locations to ensure that all members of the community have fair access to the information. It is therefore recommended that the applicant chooses, for example, four main deposit locations where hard copies can still be stored and made available to the public for inspection. As above, this is for the applicant to make its judgement based on the knowledge of its project and the area within which the proposed development is sited.

I hope this is useful however please do get in touch should you have any further queries.

WYG - Liz Wells

PINS comments on NG approach to the EIA.

National Grid - Richard Gwilliam

Enquiry regarding the application of Regulation 7 of The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009.
Our views on the persons who fall within the s57 categories and the Book of Reference are set out below :

Owners/lessees/ tenants/ occupiers of the Order land are persons within Category 1. Any other persons who have an interest in the Order land e.g. a right over the Order land, are persons within Category 2. If this land is to be subject to powers of compulsory acquisition or powers to use the land in some way (such as the temporary use power you refer to specifically in your letter), then these Category 1 and 2 persons should be listed in Part 1 of the Book of Reference (BoR). If the Category 2 person's right is to extinguished, suspended or interfered with, then they should also be listed in Part 3 of the BoR.

Persons within Category 3 will be those who the applicant thinks would or might be entitled to make a relevant claim. These persons may include:

a) persons whose land is not part of the Order land but that land benefits from a right over the Order land which is to be suspended or interfered with
b) persons whose land is within the Order land and that land benefits from a right of way over another piece of land within the Order land, which is to be suspended or interfered
c) persons whose land is not part of the Order land and whose land does not benefit from any rights over the Order land but they may have a claim under the Land Compensation for Act 1973 as a result of noise, dust etc from the use of the project.

All these persons will be listed in Part 2 of the BoR.

A person may be within more than one category. They may also need to be listed in more than one part of the BoR.

Berwin Leighton Paisner LLP - Giles Pink

The applicant requested comments from the Planning Inspectorate on the draft documents submitted in January 2014, including their draft Development Consent Order (DCO), Explanatory Memorandum, Plans and Consultation Report.
Please see the attached document for the Planning Inspectorate's comments on the draft documents

National Grid - Richard Gwilliam

Meeting with applicant to provide update on the project.
Please see meeting note attached.

National Grid National Grid

PINS comments on the draft HRA document prepared for the Yorkshire to Humber CCS project.

AECOM - Charlotte Clinton

Conference call with applicant to provide update on the project.
Please see meeting note attached.

National Grid Carbon Yorkshire and Humber CCS

The applicant requested advice regarding both Protective Species Licensing and Sites of Special Scientific Interest.
Protected Species Licensing

National Grid (NG) requested advice from the Planning Inspectorate (PINS) in respect of protected species and in particular land identified for use as a receptor site for the translocation of protected species (great crested newts). PINS advised NG that during examination the Examining Authority (ExA) would need to understand whether there is any impediment to the licence being granted. PINS also advised that the ExA would need to be satisfied that any land outside of the Development Consent Order (DCO) application boundary but required for the purposes of obtaining protected species licenses would need to be adequately and robustly secured. NG requested that PINS provide advice on this issue and also if possible include examples of how this has been handled on other proposed developments within the DCO regime.

In response to this request PINS advice is as follows:

PINS do not feel it is appropriate to highlight any other particular proposal to demonstrate how best to address the approach to protected species.

In addition to the protection given to protected species, the Overarching National Policy Statement (NPS) for Energy EN-1 states that PINS (previously IPC) should ensure that species and habitats that have been identified as being of principal importance for the conservation of biodiversity are protected from the adverse effects of development by using requirements or planning obligations. NG should be aware that requirements cannot be applied in relation to land outside of the DCO planning application boundary. The NPS also states that PINS (previously IPC) should refuse consent where harm to the habitats or species and their habitats would result, unless the benefits (including need) of the development outweigh that harm. The NPS is also clear in stating that the applicant should include appropriate mitigation measures as an integral part of the proposed development. Further to this Natural England advice in relation to applications for protected species states:

"Before an application for a licence can be submitted, any land subject to the proposed licensable activities, including any land used for mitigation or compensation as well as all receptor site(s), must be owned by the 'developer'. Alternatively, if the 'developer' does not own part or all of the land, they must be able to demonstrate that the current landowner‟s consent has been obtained for all licensable activities. In this case, as part of the application Natural England would need a complete explanation of the land ownership situation within the method statement and reasoned statement, as well as a separate document containing the signed approval of the current landowner confirming that the developer can carry out all the proposed works'." (European Protected Species: Mitigation Licensing - How to get a licence, Natural England December 2012) available online at link: [attachment 1]

Having regard to the points raised above , PINS advises that the most robust method available to NG in order to demonstrate during examination that there is no impediment to them securing a protected species license would be to include all the land required (including for the purpose of licensable activities) as an integral part of the proposed development (within the DCO) along with any necessary requirements . However, if for reasons unbeknown to PINS, NG do not intend to include this land as part of their DCO application they are advised of the need to consult their legal team and be prepared to demonstrate by what alternative means they can guarantee to the ExA the implementation of the works/activities required in relation to protected species are robustly secured. The ExA will wish to know the views of NE and details of any mitigation measures that have been agreed with NE.

PINS Advice Note 11 on Working with Public Bodies states:


Licensing of EPS under the Habitats Regulations

For NSIPs which may affect EPS and where a licence is required, Natural England?s regulation team will be able to provide early advice and opinion on the applicant?s protected species proposals in relation to all 3 licensing tests before development consent is granted. This is done so that the decision-maker under the 2008 Act can have confidence that Natural England, as the relevant licensing authority, has considered the appropriate issues relating to protected species. In order to do this, Natural England needs to conduct an assessment, based on a full draft mitigation licence application, in advance of the formal submission of the NSIP application to the Planning Inspectorate. The steps to be followed when submitting the appropriate information to Natural England, in respect of an NSIP project which has the potential to affect EPS, are set out in the following link.

[attachment 2]

Assistance with EPS licences in England or English waters may be obtained from the Consents Services Unit (CSU).

SSSI Consents within the DCO

National Grid (NG) requested advice from the Planning Inspectorate (PINS) in respect of consents relating to statutorily designated sites and more specifically Sites of Special Scientific Interest (SSSI). NG were particularly keen to know if SSSI consent can be included within the DCO.

In response to this request PINS advise is as follows:

Section 28G of the Wildlife and Countryside Act 1981 (as amended) places a responsibility on authorities to have a general duty "to take reasonable steps, consistent with the proper exercise of the authority?s functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest". Section 28I of that Act also imposes procedural obligations on authorities which must be met before authorising operations likely to damage the special interest features of a SSSI. These are that the relevant Statutory Nature Conservation Body (SNCB) must be notified before a decision is made and 28 days must elapse before deciding whether to grant consent. The Section 28G authority must then take account of any advice received from the SNCB, including advice on attaching conditions to the consent. If it is decided to issue a permission against the advice of the SNCB, the SNCB must be notified and a further period of 21 days allowed before the operation can commence. This gives the SNCB time to consider further action such as legal action to challenge the validity of the permission. In the case of DCO application this duty will fall on the Secretary of State after the completion of the examination/recommendation stages.

A provision authorising an operation which may damage an SSSI (a S28E consent) can now be included in a DCO instead of having to make a separate application to NE. The ExA would seek the views of NE on such a provision.

If an NSIP is likely to affect a SSSI the decision making bar is set high. The ExA will weigh the relevant issues very carefully before reaching a recommendation to ensure that the general duty under the Wildlife and Countryside Act is observed and the advice of the SNCB will be important. A development consent should not normally be granted if the proposed development is likely to have an adverse effect on a SSSI (either individually or in combination with other developments). EN 1 states that an exception should only be made "where the benefits (including need) of the development ?clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impact on the national network of SSSIs"(EN-1 5.3.11) . Therefore, National Grid should seek to agree with the SNCB at the pre-application stage the DCO requirements necessary to provide protection to SSSI features and resolve any issues in relation to potentially damaging operations. This agreement could then be documented within a Statement of Common Ground (SoCG).

National Grid Carbon Yorkshire and Humber CCS

Query regarding the designation of 'essential infrastructure' for the Above Ground Installations elements of the project.
In your letter of 20 August, you asked for clarification on the process for designating above ground infrastructure as 'essential infrastructure' in relation to the Flood Risk Assessment.

Further to our conversation at the teleconference of 10 September, I confirm our advice at the time, with clarification on timing of the decision:

The decision would lie with the Secretary of State once any examination has been completed and recommendation made.

It is for National Grid as the applicant to set out its reasoning as part of any submission with the application, and note that your letter of 20 August takes that approach.

Without prejudice to any examination, the Examining Authority may test evidence and representations particularly from the following parties:

- Environment Agency
- Local Planning Authorities
- Internal Drainage Boards

We advise you share your reasoning with those parties and if possible aim to prepare a Statement of Common Ground in relation to this matter, as this could reduce the areas of uncertainty / disagreement that may necessitate further examination. Even if there areas of disagreement, this would assist any examining authority in focusing on key mattes.

National Grid Carbon Yorkshire and Humber CCS

Meeting with applicant to provide update on the project.
Please see meeting note attached.

National Grid Carbon Yorkshire and Humber CCS

Conference call with applicant to provide update on the project.
Please see meeting note attached.

National Grid Carbon Yorkshire and Humber CCS

Meeting note from conference call with the applicant in relation to project update.

National Grid Carbon AECOM

Please could you provide clarity on the following queries regarding the Regulation 9 list and bodies listed:
- Bodies listed under ?The relevant Strategic Health Authority?. This term no longer exists and had been replaced by one body, NHS England. Please can PINs confirm whether we are to consult NHS England moving forward or the bodies previously listed under ?Strategic Health Authorities?;
- Relevant Statutory Undertakers - Health Bodies. Trusts and Primary Care Trusts previously listed no longer exist, please can PINs advise who we now consult in this regard;
- Office of Rail Regulation. Please can PINs confirm whether this term refers to train operators or more specifically Network Rail infrastructure; and finally
- As above, the Health Protection Agency in this guise no longer exists and has been replaced by Public Health England, please can PINs confirm who we consult with?
Relevant Strategic Health Authorities

Relevant Strategic Health Authorities (SHAs) were abolished on 31 March 2013 as part of the Health and Social Care Act 2012. Their responsibilities have been taken over by Clinical Commissioning Groups (CCGs) and the NHS Trust Development Authority. The relevant SHA is therefore removed and replaced with "the National Health Service Commissioning Board (NHS England) and the relevant clinical commissioning group.

Relevant Statutory Undertakers - Health Bodies

Please see: see [attachment 1]

Since April 1 2013, Primary Care Trusts ceased to exist and their functions have been taken over by CCGs and local area teams (LATs).

There are no changes to other trusts at present, although all NHS Trusts are due to become Foundation Trusts by 2014.

Office of Rail Regulation

The term refers to the Office of Rail Regulation which is the independent safety and economic regulator for Britain's railways. Their address is:One Kemble Street, London, WC2B 4AN). (Note: The 2013 Regs remove the Office of Rail Regulation for projects in England where a Regulation 6 notification is received after 6 April 2013.)

Public Health England

Public Health England have advised us that their address remains the same as that of the Health Protection Agency: Chiltern, Didcot, Oxfordshire, OX11 0RQ.

White Young Green - Liz Wells

Query over how the application will progress after the scoping phase.
At present the project is in the pre-application phase, during which the responsibility for consultation lies directly with the developer (with the exception of the Scoping stage during pre-application where the Planning Inspectorate consults prescribed bodies). Developers are required to carry out formal consultation with any individuals and organisations who may have an interest in the proposed development during pre-application. This will be a key time for you to have your say on the proposal and make the developer aware of any concerns that you might have as they have a legal duty to take account of the responses received in shaping the final application. Should you have any comments on the project at this stage we recommend that you contact the developer directly.

The developer has indicated to us that they intend to submit the application in Q4 2013. Should the application be accepted by the Secretary of State for Examination, the developer will publicise the acceptance and at that point you will be able to register as an Interested Party with the Planning Inspectorate. Once you have registered as an Interested Party, you will be kept informed of the progress of the project and be invited to make written representations and attend any hearings which may be held during the examination. The examination stage lasts up to 6 months, after which the examining authority have 3 months to produce a recommendation report which is issued to the relevant Secretary of State. The Secretary of State then has a further 3 months to issue a decision on the proposal.

The Planning Inspectorate's Advice Notes 8.1-8.3 explain the process through which consent for Nationally Significant Infrastructure Projects is considered. Advice Note 16 also describes the applicant's pre-application consultation, publicity and notification duties. The notes can be found on the Planning Inspectorate's website by following this link: [attachment 1]

Thorne Moorends Town Council - Jeremy Sherlock

To give an update on the proposed development (carbon capture and storage cross country pipeline) including discussions on recent DECC announcements, consultation, EIA, scoping, S.46, S.53, and any other business.
Please see attached meeting note(s)

Richard Gwilliam - National Grid

Conference Call Regarding s.53 Requests

Giles Pink - National Grid

Conference Call - S.53 Advice

National Grid - Richard Gwilliam

Meeting to discuss the proposed Yorkshire & Humber CCS Cross Country Pipeline
Please see attached meeting note and presentation

National Grid Carbon - Richard Gwilliam