section 153 of the planning act 2008 … · section 153 of the planning act 2008 consultation and...

SECTION 153 OF THE PLANNING ACT 2008 CONSULTATION AND PUBLICITY STATEMENT UNDER REGULATION 7A OF THE INFRASTRUCTURE PLANNING (CHANGES TO, AND REVOCATION OF, DEVELOPMENT CONSENT ORDERS) REGULATIONS 2011 (THE 2011 REGULATIONS) THE PROGRESS POWER (GAS FIRED STATION) ORDER 2015 (2015/1570) (THE ORDER) On 19 August 2016, Progress Power Limited (the "Applicant") applied to the Secretary of State for Business, Energy and Industrial Strategy to make a non-material change to the Order under section 153 of the Planning Act 2008. This document constitutes the Applicant's consultation and publicity statement pursuant to Regulation 7A of the 2011 Regulations. A copy of the notice published under Regulation 6 of the 2011 Regulations (the "Notice") is enclosed at Appendix 1.

The Applicant confirms that:

It has published the Notice in the East Anglia Daily Times, which is a local newspaper circulating in the vicinity of the land in which the land is situated, on the following dates:

1.1.1 19 August 2016; and

1.1.2 26 August 2016.

as required under Regulation 6 of the 2011 Regulations. Copies of extracts from the newspaper are enclosed at Appendix 2.

It has sent the Notice to all those persons required to be consulted under Regulation 7(2) of the

2011 Regulations (subject to point 3 below) on 18 August 2016. Those persons consulted are listed on schedule at Appendix 3 and were agreed with the Secretary of State. Several of the notices were not delivered when they were originally sent. The Applicant resent those notices and confirmed delivery of them, as explained at Appendix 4.

The Secretary of State provided written consent under Regulation 7(3) of the 2011 Regulations that not all of the persons prescribed in Regulation 7(2) needed to be consulted in relation to this non-material change. A copy of that written consent is attached at Appendix 5 and a copy of the spreadsheet referenced within is attached at Appendix 6.

It has placed a copy of the documents, plans and maps showing the nature and location of the land, and accompanying the application, at the inspection points given in the notice. These documents will remain there until the end of the representation period stated in the notice, namely 25 September 2016.

Appendix 1

Notice published under Regulation 6 of the 2011 Regulations

Appendix 2

Copies of newspaper Notice dated 19 August 2016 and 26 August 2016

Appendix 3

Schedule of Persons Consulted

Anglian Water

Anglian Water Services Limited

British Telecommunications plc

East Anglia Local Area Team CPC1

East of England Ambulance Service NHS Trust

English Heritage - East of England Office

ES Pipelines Ltd

ESP Pipelines Ltd

ESP Connections Ltd

ESP Electricity Limited

ESP Networks Ltd

Essex and Suffolk Water

Eye Town Council

GTC Pipelines Ltd

Lattice Telecommunications Asset Development Company Limited

Ministry of Defence Safeguarding

National Grid

National Grid Electricity Transmission Plc

National Grid Gas Plc

NATS en Route plc

Natural England Consultations (Crewe)

Public Health England

Public Health England

Suffolk County Council Highways Authority - Central Area Highways Management

Suffolk Fire and Rescue Service

The Civil Aviation Authority

The Environment Agency

The Forestry Commission - East and East Midlands

The Health and Safety Executive

The Health and Safety Executive - HID Policy, Land Use Planning

Highways England

Thrandeston Parish Council

Yaxley Parish Council

Babergh District Council

Breckland Council

Ipswich Borough Council

South Norfolk Council

St Edmundsbury District Council

Suffolk Coastal District Council

Mid Suffolk District Council

Suffolk County Council

Cambridgeshire County Council

Essex County Council

Norfolk County Council

The Broads Authority

British Gas Trading Limited

Colin David Matthews

David Hammond

Denise Kathleen Matthews

Eileen Hammond

Elizabeth Ann Baldwin

Elizabeth Anne Moore

Energy Power Resources Limited

EPR Eye Limited

Eye Wind Power Limited

Omnis Industries Limited

Paul Hammond

Progress Power Limited

Richard Hammond

Roy Victor Humphrey

Structural Holdings and Consultancy Limited

Thomas William Baldwin

Tobar Group Trading Limited

Transam Trucking Limited

Thrive Renewables (Eye) Limited

UK Power Networks Limited

Brome & Oakley Parish Council

Common Concern

Suffolk Preservation Society

Waveney District Council

Appendix 4

Schedule of persons sent a further copy of the Regulation 6 Notice

Name of Consultee Reason for Follow Up Notifications

Resolution

East of England Ambulance Service NHS Trust

Initial recorded delivery not received as per RM Track & Trace Service

Contacted company and they advised we e-mail PDF version of the Regulation 6 notice to [email protected] 25/08/16 - Called again to confirm received e-mail but person responsible on annual leave until Wed 31st Aug - Resent by recorded delivery 26/08/16. Delivery Confirmed on 30/08/16.

Essex and Suffolk Water Limited


Contacted company and advised to e-mail PDF to [email protected] E-mailed on 25/08/16 - No response from as of 26/08/16. Posted another copy of the Regulation 6 Notice by recorded delivery on 26.08.16. E-mail received on 30/08/16 confirming receipt of both E-mailed PDF and recorded delivery.

Ministry of Defence Safeguarding


Letter re-sent by recorded delivery 25.08.16. Delivery Confirmed on 26/08/16.


Recorded Delivery Returned to sender with accompanying letter

Letter sent back stating – "Sent in error. We do not cover the application area.” No further action taken



Contacted the Council and spoke to Customer Services who confirmed the letter was received 19/08/16.

Energy Power Resources Limited


Contacted company and were advised to resend letter by recorded delivery to 6 Debenmill Business Centre, Old Maltings Approach, Woodbridge, Suffolk, IP12 1BL RD. Delivery Confirmed on 26/08/16. PDF also e-mailed to [email protected] 25/08/16.

Appendix 5

Copy of Secretary of State's written consent under Regulation 7(3) of the 2011 Regulations

Chris McKerrow Project Manager Watt Power (By e-mail)

25 July 2016

Dear Mr McKerrow

Department for Business, Energy &

Industrial Strategy

3 Whitehall Place,

London SW1A 2AW

T: +44 (0) 300 068 2825

E: [email protected]

www.gov.uk/beis

PROGRESS POWER (GAS FIRED POWER STATION) ORDER 2015 – PROPOSED NON- MATERIAL CHANGE APPLICATION

Thank you for your e-mail of 11 July 2016 with two attachments on behalf of Progress Power Limited (“the Applicant”). It is noted that the attached documents consist of: i) a Microsoft Excel spreadsheet of the proposed consultees (highlighted in green) in respect of changes to the development consent order for the Progress Power Generating Station; and ii) separate advice on this matter from the Planning Inspectorate of 7 July 2016.

The Applicant has requested that the Secretary of State give written consent under regulation 7(3) of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (as amended) (“the 2011 Regulations”), such that the Applicant does not need to consult those persons specified and highlighted in red in the spreadsheet, as it is not considered that they will be directly affected by them.

The Secretary of State has considered the request and agrees that, with the exception of Highways England (referred to incorrectly as the ‘Highways Agency’ in the spreadsheet), Breckland Council, Suffolk Coastal District Council, Waveney District Council and Cambridgeshire County Council (who it is noted are listed in the spreadsheet as a “relevant local authority” within the meaning given by section 102(5) of the Planning Act 2008), the Applicant does not need to consult directly with those persons specified and highlighted in red in spreadsheet, as they will not be directly affected by the changes being proposed. Accordingly, this letter is written consent under regulation 7(3) of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 such that consultation under regulation 7 of those persons specified is not required.

In taking this decision, the Secretary of State notes there will be public consultation on the proposals following submission of the application for non-material changes to the Order in line with the requirements in regulation 20 of the 2011 Regulations.

mailto:[email protected]

http://www.gov.uk/beis

Finally, the Secretary of State`s consent in this matter should not be taken as indicating approval for any other aspects of the proposed changes to the Progress Power Generating Station which fall to the Secretary of State for consideration and determination.

Yours sincerely,

Laura Allen

Laura Allen Case Manager, Energy Infrastructure Planning

Consultee body Classification under S56 of the Planning Act 2008

Rationale for exclusion from

Consultation of NMC and response to

PINS advice

Anglian Water s56(2)(a) such persons as may be prescribed

Anglian Water Services Limited s56(2)(a) such persons as may be prescribed

Highways Agency Historical Railways

Estate s56(2)(a) such persons as may be prescribed

No identified interest in PGP site and no

response to s50 Notice

British Gas Pipelines Ltd s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


British Telecommunications plc s56(2)(a) such persons as may be prescribed

Crown Estate s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


East Anglia Local Area Team

CPC1s56(2)(a) such persons as may be prescribed

East of England Ambulance Service

NHS Trusts56(2)(a) such persons as may be prescribed

Energetics Electricity Ltd s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Energetics Gas Ltd s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


English Heritage - East of England

Offices56(2)(a) such persons as may be prescribed

ES Pipelines Ltd s56(2)(a) such persons as may be prescribed

ESP Pipelines Ltd s56(2)(a) such persons as may be prescribed

ESP Connections Ltd s56(2)(a) such persons as may be prescribed

Appendix 6 Microsoft Excel Spreadsheet as referenced in Secretary of States Written Consent under Regulation 7(3) of the 2011 Regulations

ESP Electricity Limited s56(2)(a) such persons as may be prescribed

ESP Networks Ltd s56(2)(a) such persons as may be prescribed

Essex and Suffolk Water s56(2)(a) such persons as may be prescribed

Essex and Suffolk Water

Limiteds56(2)(a) such persons as may be prescribed

Eye Town Council s56(2)(a) such persons as may be prescribed

GTC Pipelines Ltd s56(2)(a) such persons as may be prescribed

Independent Pipelines Ltd s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Independent Power Networks




NHS Ipswich & East Suffolk Clinical

Commissioning Groups56(2)(a) such persons as may be prescribed



Lattice Telecommunications Asset

Development Company Limiteds56(2)(a) such persons as may be prescribed

LNG Portable Pipeline Services Ltd s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


McNicholas [KPN Networks] s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


McNicholas [TATA Networks] s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Ministry of Defence Safeguarding s56(2)(a) such persons as may be prescribed

National Grid s56(2)(a) such persons as may be prescribed

National Grid Electricity

Transmission Plcs56(2)(a) such persons as may be prescribed

National Grid Gas Plc s56(2)(a) such persons as may be prescribed

NATS en Route plc s56(2)(a) such persons as may be prescribed

Natural England Consultations

(Crewe)s56(2)(a) such persons as may be prescribed

NHS England s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Health and Social Care Information

Centres56(2)(a) such persons as may be prescribed



Health Education England s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Health Research Authority s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


National Institute For Health and

Clinical Excellences56(2)(a) such persons as may be prescribed



Public Health England s56(2)(a) such persons as may be prescribed

NHS Blood and Transplant s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


NHS Business Services Authority s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


NHS Litigation Authority s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


NHS Trust Development Authority s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


NHS Improving Quality (NHS

England)s56(2)(a) such persons as may be prescribed



Ipswich Hospital NHS Trust s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Norfolk and Norwich University

Hospitals NHS Foundation Trusts56(2)(a) such persons as may be prescribed



Norfolk and Suffolk NHS Foundation

Trusts56(2)(a) such persons as may be prescribed



Norfolk Community Health and Care

NHS Trusts56(2)(a) such persons as may be prescribed



NHS East Anglia Area Team s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Northern Gas Networks Limited s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Police and Crime Commissioner for

Suffolks56(2)(a) such persons as may be prescribed



Public Health England s56(2)(a) such persons as may be prescribed

Quadrant Pipelines Ltd s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Royal Mail Group Ltd s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Scotland Gas Networks Plc s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Southern Gas Networks Plc s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Suffolk County Council Highways

Authority - Central Area Highways

Management

s56(2)(a) such persons as may be prescribed

Suffolk Fire and Rescue Service s56(2)(a) such persons as may be prescribed

Teliasonera s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


The Civil Aviation Authority s56(2)(a) such persons as may be prescribed

The Coal Authority s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


The Electricity Network Company




The Environment Agency s56(2)(a) such persons as may be prescribed

The Forestry Commission - East and

East Midlandss56(2)(a) such persons as may be prescribed

The Gas Transportation Company Ltd s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


The Health and Safety Executive s56(2)(a) such persons as may be prescribed

The Health and Safety Executive -

HID Policy, Land Use Plannings56(2)(a) such persons as may be prescribed

The Highways Agency s56(2)(a) such persons as may be prescribed Suffolk County Council is the relevent

Highways Authority

Thrandeston Parish Council s56(2)(a) such persons as may be prescribed

UK Power Networks Limited s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Utility Grid Installations Limited s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Waveney, Lower Yare and

Lothingland Internal Drainage Boards56(2)(a) such persons as may be prescribed



Yaxley Parish Council s56(2)(a) such persons as may be prescribed

Wales and West Utilities Limited s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


SSE Pipelines Ltd s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Fulcrum Pipelines Limited s56(2)(a) such persons as may be prescribed No identified interest in PGP site and no


Babergh District Council

s56(2)(b) each authority which, in relation to the

application, is a relevant local authority within the

meaning given by section 102(5)

Breckland Council




During pre app consultation responded

confirming that they would not be

commenting on the application

Ipswich Borough Council








St Edmundsbury District Council




Suffolk Coastal District Council












Mid Suffolk District Council




Suffolk County Council




Cambridgeshire County Council






Essex County Council




Norfolk County Council




The Broads Authority




David Elliss56(2)(d), each person who is within one or more of

the categories set out in section 57

No identified interest in PGP site and has

signed a land deal with PPL for the

electrical connection and substation

Andrew P Colchesters56(2)(d), each person who is within one or more of


He was never located at his address and

never responded to the consultation

British Gas Trading Limiteds56(2)(d), each person who is within one or more of


Colin David Matthewss56(2)(d), each person who is within one or more of


David Hammonds56(2)(d), each person who is within one or more of


Denise Kathleen Matthewss56(2)(d), each person who is within one or more of


Eileen Hammonds56(2)(d), each person who is within one or more of


Eleanor Havers (Agent to the Talbots)s56(2)(d), each person who is within one or more of


See comments below in relation to the

Talbots

Eleco plcs56(2)(d), each person who is within one or more of


Their passing rights in relation to the Eye

Airfield industrial estate are unaffected by

the proposed non material changes on the

main PGP site

Elizabeth Ann Baldwins56(2)(d), each person who is within one or more of


Elizabeth Anne Moores56(2)(d), each person who is within one or more of


Energy Power Resources Limiteds56(2)(d), each person who is within one or more of


EPR Eye Limiteds56(2)(d), each person who is within one or more of


Eye Wind Power Limiteds56(2)(d), each person who is within one or more of


Gordon Ellis Talbots56(2)(d), each person who is within one or more of


No identified interest in PGP site and has

signed a land deal with PPL for the

electrical connection and substation

Harry Charles Moores56(2)(d), each person who is within one or more of




HSBC Bank plcs56(2)(d), each person who is within one or more of



response to s50 Notice. Land interest in

electrical connection only which is

unaffected by the proposed NMC

John Cole Farms Limiteds56(2)(d), each person who is within one or more of



response to consultation

Arqiva Telecommunications Asset

Development Company Limited

s56(2)(d), each person who is within one or more of


Have previously confirmed that the proposal

will not impact on the broadcasting

transmitter network operated by Arqiva

National Grid Electricity

Transmission plc



No land interest in the PGP site. Gas and

electrical connections are required from

National Grid so we are in constant

communication with them

National Grid Gas plcs56(2)(d), each person who is within one or more of


No land interest in the PGP site. Gas and

electrical connections are required from

National Grid so we are in constant

communication with them

Omnis Industries Limiteds56(2)(d), each person who is within one or more of


Paul Hammonds56(2)(d), each person who is within one or more of


Progress Power Limiteds56(2)(d), each person who is within one or more of


Quiet Sports Fishery Managements56(2)(d), each person who is within one or more of


No identified interest in PGP site. No

response to formal consultation and not

registered as an interested party.

Richard Hammonds56(2)(d), each person who is within one or more of


Roy Victor Humphreys56(2)(d), each person who is within one or more of


St. Edmundsbury and Ipswich

Diocesan Board of Finance



No identified interest in PGP site and not

listed as an interested party during

examination

Steve Jacobss56(2)(d), each person who is within one or more of


Are included in the Book of Reference as

Part 2b Category 3: Land Compensation

Act 1973. This is due to proximity to the

substation location which is unaffected by

the proposed non materials changes on the

main power generation plant site

Structural Holdings and Consultancy

Limited



Suffolk County Councils56(2)(d), each person who is within one or more of

the categories set out in section 57Already on list for consultation - see list

Suffolk County Councils56(2)(d), each person who is within one or more of

the categories set out in section 57Already on list for consultation - see list

Mr McGowens56(2)(d), each person who is within one or more of








Hayley Talbots56(2)(d), each person who is within one or more of








Thomas William Baldwins56(2)(d), each person who is within one or more of


Tobar Group Trading Limiteds56(2)(d), each person who is within one or more of


Tracy Lorraine Jacobss56(2)(d), each person who is within one or more of








Transam Trucking Limiteds56(2)(d), each person who is within one or more of


Triodos Renewables (Eye) Limiteds56(2)(d), each person who is within one or more of


Yaxley Parish Councils56(2)(d), each person who is within one or more of


UK Power Networks Limiteds56(2)(d), each person who is within one or more of


Brome & Oakley Parish Council No subcategory

Common Concern Requested by common concern

Suffolk Preservation Society

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