SPALDING ENERGY EXPANSION LIMITED

SPALDING ENERGY EXPANSION

PLANNING STATEMENT

MARCH 2009

1

CONTENTS

1.0 INTRODUCTION 2.0 LOCATION, SITE, PLANNING HISTORY 2.1 Summary 2.2 Location

- East Midlands Region and Lincolnshire - South Holland District and Spalding

2.3 SECL Site and Application Site - SECL Power Station - Application Site

2.4 Planning History - Section 36 Consent and Other Applications - Application H16/1117/08

3.0 PROPOSED DEVELOPMENT 3.1 Summary 3.2 Proposed SEE 3.3 Associated Infrastructure

- Overhead Transmission Line - Gas Pipeline and AGI

3.4 Combined Heat and Power 3.5 Carbon Capture Readiness 4.0 APPLICATION 4.1 Summary 4.2 Consenting Process

- Guidance - CHP - Carbon Capture and Storage

4.3 Consultation and Liaison - EIA Consultation - Public Consultation Statement

4.4 EIA Outcomes 4.5 Section 36 Application 5.0 CLIMATE CHANGE, SECURITY OF SUPPLY 5.1 Summary 5.2 Climate Change, Security of Supply

- Energy Markets Outlook Report - Sustainable Development Report

2

6.0 DEVELOPMENT PLAN 6.1 Summary 6.2 East Midlands Regional Plan 2009

Background Section 1: Core Strategy Section 2: Spatial Strategy

- Distribution of New Development - Eastern Sub-area Priorities

Section 3: Topic Based Priorities - Regional Priorities for the Economy and Regeneration - Regional Priorities for Natural and Cultural Resources - Regional Transport Strategy

6.3 South Holland Local Plan 2006 Background - The Area, Objectives, Priorities - Core Strategic and General Policies - Sustainable Development - Locational Considerations - Community Infrastructure - Energy, Drainage, Sewerage, Pollution - Design and Layout - Access and Parking - Amenity - Economy - Environment - Leisure, Recreation, Tourism - Transport

7.0 OTHER MATERIAL CONSIDERATIONS 7.1 Summary 7.2 Government Planning Policy 7.3 Government Energy Policy

CHP Strategy 2004 Climate Change – the UK Programme 2006/2007/2008 The Energy Challenge 2006 (C 6887) Energy White Paper 2007 Towards Carbon Capture and Storage – Consultation June 2008

7.4 South Holland Local Development Framework 8.0 PLANNING ASSESSMENT 8.1 Summary 8.2 Energy and Climate Change 8.3 Land Use 8.4 Environment - Landscape and Visual - Transport - Noise - Air Quality - Ecology

- Water Resources and Flood Risk 8.5 Economic Development 8.6 Associated Infrastructure, CHP and CCS 9.0 CONCLUSIONS

3

- Document 1 - Site Location Plan (Figure 1.1)

- Document 2 - Application Site Plan DWD 2544/C/1

- Document 3 - Aerial Photograph SECL Power Station and Site (Figure 7.2)

- Document 4 - Layout SECL Power Station (Figure 4.4)

- Document 5 - Parameter Block Model Layout (Figure 7.6)

- Document 6 - Illustrative Layout of the Proposed SEE (63114-PBP-108/A)

- Document 7 - Indicative Power Station Layout (63114-PBP-111A) and Elevations

(63295/PBP/110A)

- Document 8 - Section 36 Consent 15.11.00 (SECL)

- Document 9 - Biodiversity

- Document 10 - Development Plan Policies

4

ACRONYMS

ACC Air Cooled Condensers AGI Above Ground Installation AOD Above Ordnance Datum AQMA Air Quality Management Area BSSSC British Sugar Sports and Social Club CAA Civil Aviation Authority CCGT Combined Cycle Gas Turbine CCR Carbon Capture Ready CCS Carbon Capture Storage CHP Combined Heat and Power CTMP Construction Travel Management Plan DECC Department of Energy and Climate Change DPD Development Plan Document DTI Department of Trade and Industry EA Environment Agency EIA Environmental Impact Assessment EMRA East Midlands Regional Assembly EMRP East Midlands Regional Plan ES Environment Statement GHG Greenhouse Gasses GRF Gas Reception Facility HESSC Heat and Energy Saving Strategy Consultation LBG Lincolnshire Bat Group LCC Lincolnshire County Council LCPD Large Combustion Plant Directive LDF Local Development Framework LE Lincolnshire Enterprise

5

LFR Lincolnshire Fire and Rescue (Spalding) LNU Lincolnshire Naturalists Union LPA Local Planning Authority LWT Lincolnshire Wildlife Trust MoD Ministry of Defence MW Megawatt NATS National Air Traffic Services NE Natural England NG National Grid NGET National Grid Electricity Transmission NHSL National Health Services, Lincolnshire NTS National Transmission System (Gas) OTL Overhead Transmission Line (Electric) OSDR Ofgem Sustainable Report PCS Public Consultation Statement PPG Planning Policy Guidance PPS Planning Policy Statement PUA Principal Urban Area RES Regional Economic Strategy (for the East Midlands) RTS Regional Transport Strategy RSPB Royal Society for Protection of Birds RSS Regional Spatial Strategy SAC Special Areas of Conservation SECL Spalding Energy Company Limited SEE Spalding Energy Expansion SEEL Spalding Energy Expansion Limited SHDC South Holland District Council SHLP South Holland Local Plan SHRAZ South Holland Rural Action Zone SPA Special Protection Area

6

SRC Sub-Regional Centre SUDS Sustainable Urban Drainage Systems TP Travel Plan WDIDB Welland and Deeping Internal Drainage Board

7

1.0 INTRODUCTION

1.01 This Statement accompanies an application (Application) to the Secretary of State for

Energy and Climate Change (DECC) by Spalding Energy Expansion Limited (SEEL)

of 21 Holborn Viaduct, London EC1A 2DY for Section 36 Consent under the

Electricity Act 1989 (Section 36 Consent) and for deemed planning permission under

Section 90 Town and Country Planning Act 1990.

1.02 The Application is to develop a 900 megawatt (MW) combined cycle gas turbine

(CCGT) electricity generating plant on land at West Marsh Road, Spalding,

Lincolnshire (the Application Site), adjoining an existing power station operated by

Spalding Energy Company Ltd (SECL); the proposed power station is to be known as

the Spalding Energy Expansion (proposed SEE). This Application is EIA

(environmental impact assessment) development and is therefore accompanied by

an environmental statement (ES) prepared in accordance with the Electricity Works

(Environmental Impact Assessment) (England and Wales) Regulations 2000, as

amended.

1.03 SEEL, the applicant for Section 36 Consent and SECL which owns and operates the

existing Spalding power station, are affiliates of InterGen NV (InterGen). InterGen

(UK) Limited (formerly known as International Generating Company (UK) Limited)

was the original applicant for the development of the present power station in West

Marsh Road, which was subsequently transferred to SECL in 2001.

1.04 The Application Site is within an area administered by South Holland District Council

(SHDC), which is the local planning authority (LPA); Lincolnshire County Council

(LCC) is the minerals and waste planning authority and the highway authority. East

Midlands Regional Assembly (EMRA) is the regional planning body, responsible for

providing strategic land use planning and transport policy advice to Government in

respect of the East Midlands area. Both SHDC and LCC are being treated as a

“relevant planning authority” and have been consulted accordingly, along with EMRA

and numerous other stakeholders.

1.05 The Statement begins by describing the location of the East Midlands, Lincolnshire,

South Holland and Spalding, the Application Site and its planning history (Section 2).

This is followed by an outline of the proposed SEE, a description of Associated

Infrastructure, including overhead transmission lines (OTL) connecting to the national

grid, a gas supply pipeline connecting to the National Transmission System (NTS),

the combined heat and power (CHP) potential to serve prospective heat customers,

8

as well as information to demonstrate that the proposed SEE is “carbon capture

ready” (CCR) (Section 3).

1.06 There follows a brief description of the consenting process to be followed under the

Electricity Act 1989, including the requirement to consider the feasibility of providing

CHP and the need to demonstrate that the proposal is CCR, the consultations

undertaken by InterGen and SEEL, which have informed the EIA process, the EIA

outcomes and the summary content of the present Application for Section 36 Consent

(Section 4). Next, there is reference to the long term energy challenges defined by

Government, namely, to reduce carbon dioxide emissions, while ensuring secure,

clean and affordable energy, the predicted closures of thermal generating plant which

will occur during the next few years and the consequent need to build replacement

thermal plant in addition to an expansion of renewable capacity (Section 5).

1.07 The Statement then examines documents which comprise the development plan;

these are the regional spatial strategy (RSS) namely the East Midlands Regional Plan

2009 (EMRP) and the South Holland Local Plan 2006 (SHLP) (Section 6). This is

followed by consideration of other policy documents which are material to this

Application, in particular, Government planning policies, Government energy policies

and SHDC’s work on the Local Development Framework (LDF) (Section 7).

1.08 Section 8 provides a summary planning assessment, in which matters relevant to the

proposed SEE, discussed earlier in Sections 2-5, along with the findings of the EIA

process described in the ES, are considered against the relevant development plan

policies and other material considerations identified in Sections 6 and 7. It will be

explained that the key issues against which the Application is to be considered

involve:

- Energy and Climate Change

- Land Use

- Environment

- Economic Development

The issue of Associated Infrastructure, CHP and CCS is addressed in Section 8.6.

The Statement finishes with a summary of the main conclusions (Section 9).

9

2.0 LOCATION, SITE, PLANNING HISTORY

2.1 Summary

2.1.1 Section 2.2 begins by describing the location of the East Midlands Region,

Lincolnshire, South Holland District and Spalding, including the main employment

areas close to the Site; Section 2.3 refers to the existing SECL power station and the

Application Site, which together are located on part of the former British Sugar Beet

factory land. Section 2.4 provides a summary explanation of the recent planning

history and the main issues which were considered when the Secretary of State

granted Section 36 consent for the SECL power station in 2000 and an application for

development on adjoining land.

2.2 Location

East Midlands Region and Lincolnshire

2.2.1 The East Midlands Region covers the counties of Derbyshire, Leicestershire,

Northamptonshire, Nottinghamshire and Lincolnshire including the unitary authorities

of Derby, Leicester, Nottingham, Rutland and the whole of the Peak District Natural

Park (including those parts beyond Derbyshire). For policy purposes, the Region is

divided into five sub areas, namely Eastern, Northern, Peak, Southern and “Three

Cities”. The Region’s Principal Urban Areas (PUAs) are Derby, Leicester,

Nottingham (Three Cities), Northampton (Southern) and Lincoln (Eastern); Corby,

Kettering, Wellingborough (Southern) are designated as growth towns. The Eastern

sub-area is physically the largest in the Region.

2.2.2 Lincolnshire, which comprises the majority of the Eastern Sub-Area, is the largest of

the counties within the Region. In the south, its boundary extends a little way to the

west of the A1, then follows approximately the A133 and A156 to Gainsborough,

turning north eastwards towards the coast, south of Grimsby; it then runs southwards

along the coast to Mablethorpe, Skegness, Boston and Sutton Bridge on The Wash

before turning south westwards towards Stamford, north west of Peterborough

(Eastern Region).

2.2.3 Lincoln is both the County town and one of the Region’s five PUAs. Spalding, along

with Boston and Grantham, to the north and north west respectively, is a sub-regional

centre (SRC) where some consolidation and strengthening is expected. Between

1991-2004, Lincolnshire experienced about a 14% growth in population, due mainly

to net inward migration. Lincoln is seen as providing opportunities for high quality

10

employment, education, retail and tourism development. Among the three SRCs, all

require some consolidation and strengthening; Grantham in particular has significant

potential for growth, while Gainsborough, Mablethorpe and Skegness require

targeted development to secure regeneration (EMRP 2.4.4, 2.4.8)

South Holland District and Spalding

2.2.4 South Holland District as one of the Lincolnshire’s Coastal Districts, extends

approximately from Sutton Bridge, south westwards to include Crowland, situated

north of Peterborough, then northwards to the east of the A15 and eastwards

approximately along the route of the A52, then turning southwards of Boston. The

District is largely rural; described in the South Holland District Local Plan as primarily

Fenlands, of which about 80% is Grade 1 agricultural land and interconnected by

raised banks and corridors of watercourses, sea defences and roads (SHLP 2.10/11).

Between the Census of 1981 and 2001, the South Holland population grew by around

23% and is forecast to grow further by 2010, of which the majority is planned to occur

within the Spalding area (SHLP 2.19).

2.2.5 Spalding’s road links, place it about midway between Peterborough and Boston on

the A16 and about 30 kilometres from the A1 (Document 1). There are train services

from Spalding railway station, which is situated on the western edge of the town

centre, running between Peterborough and Lincoln and bus services (in the town

centre), connecting Spalding to Boston, Kings Lynn and Peterborough. There are

port facilities within 30 kilometres at Boston and Port Sutton Bridge; East Midlands,

Norwich and Luton Airports are about 100 kilometres from Spalding.

2.2.6 Spalding is the largest settlement in the South Holland District comprising about

23,000 persons in 2001, around 30% of the District’s population; it contains

substantial areas of housing and a major urban extension planned at Holland Park in

the south west. Spalding is described in the SHLP as being where major

development will be concentrated and as the commercial, cultural, employment and

administrative centre for the District and the focus of communication routes. The

most important feature of the local economy is its important role in the growing,

processing and distribution of food, which involves extensive linkages with suppliers

and customers both internationally and throughout the UK.

2.2.7 The town has developed mainly to the west of the River Welland and the Coronation

Channel, except that in between the River and the A16 bypass at the junction with

Holbeck Road/A151, the Springfields Shopping Outlet has been built. The SHLP

shows much of the town centre as being within the Spalding Conservation Area,

11

which also extends along both sides of Pinchbeck Road, Albion Street, Winsover

Road, Church Street and the River Welland southwards; there is also an historic park

and garden Ayscoughfee which includes a Medieval hall listed Grade II*. The River

Welland catchment contains a range of sites designated for environmental interest;

Vernatts Drain includes an area designated a local nature reserve; there are areas of

open space within the town but not within the employment area to the north.

2.2.8 The SHLP points to the District’s food, agriculture and distribution sector, centred on

Spalding, as being of major importance regionally and nationally and refers to a

strong cluster of food sector businesses in the town (SHLP 5.11). The major

employment areas in Spalding, where food processing/packaging and other industry

are located (along with a supermarket and a car showroom) are to the north of the

town at South Holland Enterprise Park, Benner Road Industrial Estate, north of

Wardentree Lane, south east of Pinchbeck and West Marsh Road; another

employment area is the Wingland Enterprise Park at Sutton Bridge. In addition to

these employment areas, there are numerous businesses distributed around the

edges of the town, such as extensive areas of glass houses between Spalding and

Pinchbeck.

2.2.9 The A16 which links Spalding with the A1, Peterborough and Boston includes a

bypass on the east side of the town. Holbeach Road provides access westwards into

Sringfields Shopping Outlet, through which there is a road into the area of Roman

Bank where there are a small number of businesses and houses. About 1 kilometre

northwards, the A16 provides access westwards via a roundabout to the B1180

Wardentree Lane and West Marsh Road, which serve the main industrial areas

referred to above. West Marsh Road, which crosses Vernatts Drain, provides access

to the Anglian Water sewage works, a SHDC depot, the SECL power station and the

Application Site and further southwards to a number of businesses involved in the

food industry and produce transportation, in particular Bakkavor, Norbert

Dentressangle and Fowler Welch.

2.2.10 South of Wardentree Lane and immediately to the west of Vernatts Drain, the area is

mainly developed but nearby there is vacant land at Brunel Road opposite the

Application Site. The Site location and the Application Site are shown on Documents

1 and 2 respectively. There is a hospital under construction, the Spalding Community

Hospital, Spalding Road, Pinchbeck, which is due to be completed shortly. North of

Wardentree Lane, the area is also designated for employment use; this area has

been developed more recently and there remains some vacant land.

12

2.2.11 The two main employment areas on the north side of the town, mentioned at

paragraphs 2.2.8-2.2.10, are estimated to provide the following approximate areas of

employment land. The majority of the areas have been developed but some vacant

land remains.

Location

Total Land Vacant Land

- North/South of Wardentree Lane, North West of Vernatts Drain

126ha 38ha

- West Marsh Road between River Welland/Vernatts Drain

67ha 6ha

The areas above are accessible to the A16 bypass and relatively close to the

proposed SEE site should there be a requirement to utilise waste heat.

2.3 SECL Site and Application Site

2.3.1 The Application Site, together with the SECL power station and the vacant land at

Brunel Road, were previously part of a sugar beet factory which opened in 1925. It

originally occupied an area of about 35 hectares comprising the site now occupied by

the SECL power station, the Application Site and about 4 hectares to the south.

Around half this area was developed by the sugar beet factory with buildings and

plant, with silos up to 55 metres high, while much of the remainder was in use as

settling ponds. Manufacturing at the site ceased in 1989, with final closure occurring

in 1994.

2.3.2 Between 1995/6 British Sugar instigated the clearance of the land, which involved

demolition of all buildings, apart from the offices and the British Sugar Sports and

Social Club (BSSSC) and the removal of plant and bulldozing of settling ponds into

which water used for washing sugar beet (cleaning residual soil and fibres from the

beet) was passed. Sedimented factory soil/beet washings, which existed in the

ponds at the time of site clearance, remained and were covered with material from

the embankment settling ponds (Made Ground); some of this material was used in

the SECL part of the site for embankments but the majority has remained in the

southern area, which is now mainly within the Application Site.

SECL Power Station

2.3.3 The location of the SECL power station site is shown in the aerial photograph

(Document 3). The ES, which accompanied InterGen’s 1996 application, outlined the

reasons for seeking consent to develop a gas fired power station, at that time,

13

pointing to the fact that CCGT technology results in lower emissions of carbon dioxide

per unit of electricity generated, compared with conventional coal generation. It

explained that the attractions of wanting to build a CCGT power station in Spalding

(Statement 2.3.1) were:

- opportunities to provide power and warm water to local industry

- physical accessibility to the national grid (electrical)

- physical accessibility to the NTS (gas)

- economic advantages of being close to electrical/gas infrastructure

- availability of industrial land of an appropriate size

- compliance with development plan policies.

2.3.4 The 1996 ES showed that three sites were identified as potential locations for the

development of the proposed InterGen power station:

- Wardentree Lane, land to the north, used for agricultural research with planning

permission for employment development (this site was optioned for a time by

InterGen)

- Brunel Road, west of Vernatts Drain, owned by British Sugar, a settling pond

and agricultural land designated for industrial development

- West Marsh Road (the present SECL power station site) owned by British

Sugar, previously occupied by a sugar beet factory, then demolished and

available for redevelopment

It was determined that the Wardentree Lane Site would be the easiest and least

costly to develop; there would be were difficulties in providing access to the Brunel

Road site for electrical/gas infrastructure; overall the West Marsh Road Site provided

an opportunity to re-use former industrial land, albeit there were ground

complications. It was therefore concluded that it was more environmentally

sustainable to develop the site that is now occupied by the SECL power station.

2.3.5 The northern part of the former British Sugar site, as subsequently developed with the

SECL power station, is shown in the aerial photograph (Document 3) and the layout

14

(Document 4). The main items of plant and buildings and their approximate sizes are

given below.

Existing SECL Plant Dimensions Area Height

- 2 gas turbines, 1 steam turbine (turbine hall)

28 x 130m 3600 m² 34.8 m

- 2 heat recovery steam generators (HRSG)

2 x 14 x 28m 800 m² 38 m

- 2 stacks

2 x 7.36 d.m 43m²

78 m

- air cooled condenser (ACC)

93 x 67m 6200 m² 35.5 m

- 3 transformers

3 x 10 x 13m 390 m²

9.5 m

- office, workshop, warehouses 60 x 30m

1800 m² 8 m

- control room 28.3 x 10.3m

280 m² 10.5 m

- 2 water tanks 24 d.m 900 m² 21m

- 400 kV sub-station

160 x 110 17600 m² 12.5 m

The remainder of the SECL site comprises roads/footpaths/surfaced yards, car

parking and landscaping. This table also provides a useful comparison to illustrate

that the scale of the existing power station, is comparable to that described in

paragraph 3.2.3.

2.3.6 The SECL power station is connected by underground gas pipeline to the gas NTS at

Wragg Marsh, about 7 kilometres to the north-east, passing under West Marsh Road

and the River Welland. The route was chosen in 1996 after considering several

alternatives. The power station is connected to the Walpole to West Burton section of

the 400 kV national grid (electrical), about 5.5 kilometres distant. The overhead high

voltage cables cross West Marsh Road and the River Welland, before turning north

eastwards about Weston and then turning north north east crossing Weston Marsh

and joining the main line about 2.5 kilometres north west from Moulton Seas End.

Application Site

2.3.7 The Application Site shown edged red on drawing DWD 2544/C/1 (Document 2) is

bounded to the east partly by West Marsh Road and partly by a vacant parcel of land,

to the north by the National Grid (NG) sub-station serving the SECL power station, to

the west by Vernatts Drain and to the south by a further vacant parcel of land covered

15

in Made Ground, and contiguous to two businesses. The Application Site boundary

also includes a corridor for infrastructure linking with the SECL power station.

2.3.8 The aerial photograph (Document 3) of the existing SECL power station illustrates the

Application Site boundary of some 14 hectares comprising:

- a soil mound (the Mound), about 4 metres high on an area of 2.4 hectares

containing around 140,000 tonnes of Made Ground, arising in the aftermath of

the demolition process and during construction of the SECL power station, is

currently generating ground gas (methane and carbon dioxide) from degraded

organic material although this is not considered a risk (ES 3.71-3.74,

Section 11).

- the existing sports and social club buildings, bowling green and car park are

leased by SECL to BSSSC, used by some original British Sugar employees

and a number of other joined members; there is also a dilapidated two storey

office building last used by SECL during construction of the power station and

an area of unused land, totalling about 2 hectares (ES 4.14/15).

- other land of approximately 8.5 hectares, formerly part of the British Sugar

factory site and settling ponds, containing Made Ground (ES 4.13, Section 11).

- a corridor of land for infrastructure extending northwards from the main site into

the SECL power station, totalling about 1 hectare.

2.3.9 The topography across the Application Site is variable. Along the western boundary,

adjacent to Vernatts Drain, is an embankment at a maximum elevation of 10.8 metres

AOD; the ground along the northern boundary adjacent to the existing sub-station is

approximately 4.8 metres AOD, while the remainder, apart from the Mound which is

about 4 metres higher, is approximately 7.5 metres AOD (ES 5.19, 12.17-12.19). The

ground height of the proposed SEE will be 6.5 metres AOD.

2.3.10 The Application Site derives road access directly from West Marsh Road via Gate C,

which is to the south of the existing SECL access, although it is also feasible to walk

between the two sites via internal security gates. There is a footway on the west side

of West Marsh Road (contributed to by SECL) enabling pedestrians to walk to/from

the direction of the town. A pedestrian island exists at the junction with West Marsh

Road and Gate C; there is street lighting along both sides of the Road; cyclists ride

along the Road; the nearest bus stop is about 1 kilometre southwards (ES 4.28-4.30,

8.66-8.70). A public footpath runs along the east bank of Vernatts Drain.

16

2.3.11 In summary, the rationale behind the choice of the existing SECL power station site in

1996, described in paragraph 2.3.3, is equally applicable to the location and physical

characteristics of the present Application Site for development of the proposed SEE

namely:

- the Application Site is designated for employment in the SHLP

- the Application Site is within an industrial environment

- the Application Site is of a sufficient size to develop the proposed SEE

- there is good road access from the A16/B1180 and the Application Site has its

own road access from West Marsh Road (contributed to by SECL)

- the setting and environment of the Application Site is against the backdrop of

the SECL power station which itself replaced the sugar beet factory with large

silos and now adjoining other premises in industrial/commercial use

- the existing gas NTS and the 400 kV electrical OTL are situated about 7

kilometres and 5.5 kilometres respectively to the north east of the existing

SECL power station to which new infrastructure connections can be made due

to favourable accessibility and capacity

- the re-use of the “brownfield” Application Site, involving substantial remediation

works, is consistent with InterGen’s approach in 1997 to contribute to

regeneration

- since undertaking the development of the existing power station SECL has

developed a strong relationship with stakeholders

- the Application Site location affords an opportunity to provide heat to

prospective customers to the south and also to the west of Vernatts Drain now

including the South Holland Community Hospital, Pinchbeck

- the proximity of the Application Site to the SECL power station means that

there is scope to share some facilities and established operational procedures,

drawing on the experience and knowledge of SECL personnel.

Additionally, the Application Site has sufficient land for Carbon Capture Storage

(CCS) equipment.

17

2.4 Planning History

Section 36 Consent and Other Applications

2.4.1 The respective planning histories of the SECL site and the Application Site are

interlinked, beginning with the original use by British Sugar (Statement 2.3.1/2.3.2)

and, more recently, the existing SECL power station.

2.4.2 The planning history of the SECL power station gives a context against which the

Section 36 application was considered by SHDC and LCC as consultees during

1996/7 and then by the Secretary of State after the lifting of the stricter consents

policy in 2000, which the Government had imposed while reforming the arrangements

for electricity trading.

2.4.3 In 1996, InterGen sought Section 36 Consent from the Secretary of State for the

current SECL power station and pipeline construction authorisation under the

Pipelines Act 1962 to lay a 7 kilometre gas pipeline linking the proposed power

station to the existing NTS. NG sought consent under Section 37 Electricity Act to

build a 5.5 kilometre 400 kV OTL connection to the national grid. It was initially

planned that the power station would be water cooled, involving the laying of a

pipeline to the River Witham supplied by Anglian Water, subject to applications being

made to SHDC; but due to an objection from the Environment Agency (EA), the

design was subsequently changed to air cooling and the pipeline scheme was not

pursued.

2.4.4 When InterGen’s Section 36 application was reported to the SHDC Strategic Planning

Committee on 21.1.97, the issues raised in the Chief Executive’s report were briefly

as follows.

(a) Planning policies – required applications to address pollution, noise, light,

odour, emissions to air, water quality, re-use of derelict buildings/land and

benefits to the communities.

(b) Noise – potential impacts on 10 dwellings opposite the former British Sugar

owned site, plus one dwelling in Wardentree Lane and several in Stumps Lane

should be addressed, possibly requiring noise mitigation.

(c) Air Quality – would be addressed though the permitting procedure operated by

the EA and the installation of monitoring equipment for which InterGen would

be responsible.

18

(d) Electro-magnetic fields – resulting from the proposed 400 kV electrical

overhead line connection should be considered. The findings of the National

Radiological Protection Board indicated that there was no clear evidence of

health effects but SHDC recognised the concerns expressed by Powerwatch,

that no new building to be occupied should occur with 150 metres of 275/400

kV overhead lines. Taking this into account, it was noted that all dwellings in

the vicinity of the proposed overhead line exceeded this distance, except for

two properties in West Marsh Road which, along with others (referred to in (b)),

were subsequently acquired for use by InterGen and then demolished.

(e) Water Quality/Environment – there would be no discharge to Vernatts Drain;

sewage would be discharged to the adjacent treatment works and waste water

into the River Welland in accordance with the terms of an EA permit.

(f) Re-use of derelict sites – would be achieved by the proposed development of

the former British Sugar owned site.

(g) Consultations - were held, with public exhibitions at Spalding, Pinchbeck,

Weston, Moulton Sears End; a number of objections were raised but there were

no objections from statutory consultees.

(h) Section 106 agreement - would be entered into by InterGen which would

provide:

- provision of up to 20 MW of electricity to businesses in West Marsh

Road/Wardentree Lane at a discount, index linked to the electricity

wholesale price for 15 years

- waste warm water infrastructure to be laid to the southern boundary of

the former British Sugar owned site

- in providing a raw water supply to serve the proposed cooling system,

pipes would be over-sized to provide additional water capacity

- establishment of a community liaison committee

- advice would be provided, paid for by InterGen, to SHDC’s economic

development unit on the marketing of the West Marsh Road/Wardentree

Lane Industrial Area

19

- educational liaison support would be provided by InterGen to local

schools and the University of Lincolnshire

- up to 40 permanent jobs would be provided on site and up to 650 jobs

during the construction phase.

It was recommended that the proposed development should be supported, subject to

conditions and a Section 106 agreement being entered into.

2.4.5 On 12.2.97, the application for Section 36 Consent, along with applications for

Section 37 Consent for a 400 kV OTL connection and a gas pipeline connection was

reported to a meeting of the SHDC Development Control Committee. A resolution

was passed not to object to the applications; there was little more added to the report

about the power station but reports on the OTL and the cross country pipeline were

additional.

2.4.6 The OTL was described as running between the power station and the existing

Walpole West Burton Line; the following matters were considered:

- the proposed route provided a 150 metre tolerance on both sides of the

notional centre line, however the tolerance was reduced to 50 metres (both

sides) west of the A16 to maximise separation distances from several

residential properties, which at that time existed in West Marsh Road opposite

the British Sugar site

- towers were to be sited at 300-400 metre intervals, with no tower exceeding 61

metres in height

- a total of eight potential OTL corridors were investigated, the main criteria were

visual impact on and distance separation from residential properties

- alternative voltage options were considered, also undergrounding but the latter

was discounted because of significantly higher costs, greater land take and

additional costs of maintenance and repair

- there were no policies in the Lincolnshire Structure Plan relating to overhead

lines, although Policy E1 in the SHLP concerning visual appearance was

considered relevant.

20

2.4.7 The findings of the ES, which followed the guidance afforded by the Holford Rules, (ie

the guidelines for routing new OTLs to protect general amenity), were reported as

follows.

- Visual – there would be no more than a “slight impact” on the setting of

Wykeham Chapel a Grade II Listed Building

- Ecology/Nature Conservation – trees/hedgerows had generally been avoided

and no significant impacts on birds were predicted

- Cultural Heritage – no known sites of archaeological significance would be

directly affected

- Land Use – the main agricultural impacts would be temporary (during

construction) and no physical disturbance to any house was predicted

- Noise – impacts emanating from the line would be imperceptible

- Electromagnetic Compatibility – no significant interference was considered

likely.

2.4.8 The application for a cross country pipeline made to the Department of Trade and

Industry (DTI) under the Pipelines Act 1962 was for a 475 mm pipeline for the

conveyance of natural gas from the NTS at Carrington Road, Wragg Marsh to the

proposed gas reception area at West Marsh Road. The ES was considered to have

satisfactorily addressed issues of archaeology, hydrology, ecology, emissions and

safety. DTI issued consent for the pipeline on 15.12.00 (corrected on 5.1.01); SHDC

subsequently issued planning permission for the development of an above ground

installation (AGI) on 8.1.02.

2.4.9 On 28.5.97, the application for the proposed power station was returned to the

Development Control Committee because the EA had concluded that using water for

evaporative cooling was not sustainable. It was reported that InterGen had amended

its application design to use air cooling (instead of water cooling); this was the subject

of a supplementary ES on which further consultation had been undertaken. The EA

was satisfied with the revised details and had issued an integrated pollution control

authorisation; furthermore Anglian Water had confirmed its plans to increase security

of water supplies in the Spalding area and that domestic customers would continue to

take precedence over industry in the provision of water supplies. LCC had also not

objected to the revised application.

21

2.4.10 Additional matters reported to the Committee included the following.

(a) The InterGen site comprised part of the former British Sugar site and was

therefore previously used land, consistent with planning policy.

(b) “The generation of electricity is an industrial process”; the whole area of the site

is within an area which is designated for industrial development.

(c) LCC highways and planning was satisfied with InterGen’s application, provided

West Marsh Road was widened.

(d) On the matter of visual appearance, it had been reported that the stacks could

be between 70-90 metres high; in fact, a height of 78 metres was subsequently

agreed with the EA.

(e) The cost of installing and operating an offsite air monitoring facility would be

funded by InterGen.

(f) An independent report, prepared for the Council, concluded that having visited

two other power station sites at Brigg and Rye House and, taking account of

the equipment manufacturer’s noise level guarantees, there would be no

increase in plant noise levels beyond those previously reported. A package of

noise mitigation measures would be incorporated in a legal agreement.

(g) A landscaping scheme around the site would be implemented.

(h) Warm water would be made available to local industry via a closed loop system

to the southern boundary of the former British Sugar site at West Marsh Road,

to the western boundary west of Vernatts Drain and to the northern boundary at

Platts Bridge.

(i) The remainder of the former British Sugar site (including the Application Site)

would be subject to a commitment by InterGen that it would build the first phase

of highway infrastructure to the site to an adoptable standard. Additionally, the

Council would retain control over future uses of the land.

(j) A sum of £300,000 would be paid by InterGen into a fund operated by the

Council to promote its economic development strategy.

22

(k) An improvement programme would be implemented to enhance the Vernatts

Drain footpath from Wardentree Lane to the Council owned Vernatts Nature

Reserve.

(l) The Council set out conditions it wished to see imposed and a requirement for

an agreement under Section 106 Town and Country Planning Act 1990 and

Section 11 of the Local Government Act 1972 between InterGen and SHDC

covering:

- discounted electricity charges

- heat for industry

- marketing of industrial land

- educational liaison

- community liaison

- air quality monitoring

- highway improvements

- development of the remainder of the British Sugar land

- economic development initiative fund

- Vernatts Drain footpath.

When granting consent, the Secretary of State noted the agreement between SHDC

and InterGen.

2.4.11 Section 36 Consent was granted on 15.11.00 (Document 8). The Secretary of State

took account of the ES and further environmental information; representations and a

petition (noting that many signatories came from outside the area); the Government’s

stricter consents policy; the issue of cooling water; the EA’s confirmation that there

would be no significant adverse effects on the health of local residents, or crops;

potential benefits to existing industries if they wished to take advantage of cheaper

electricity; provision of access that could release land for redevelopment; InterGen

was working with the Council; no evidence of the proposal being contrary to the

development plan; English Nature having withdrawn its earlier objection to the

proposal because InterGen no longer sought to abstract water from the River

Witham; so, consequently the proposal would not impact on a European site; there

were no significant existing users of heat in the area that would justify the

development being CHP although, in the future, plans to offer heat and power to

industries should be encouraged.

2.4.12 An Agreement under Section 106 Town and Country Planning Act 1990 was entered

into by InterGen and SHDC. The Section 106 agreement obliged InterGen to perform

23

a number of actions to assist in bringing forward industrial land to the south of the

area containing the settling lagoons, which now comprises the majority of the

Application Site. The Section 106 Agreement was varied by a Supplemental Deed

dated 26th April 2002, which required that key sums payable under the Agreement be

subject to RPI indexation and also amended the date from which the Developer

would reimburse the Council’s costs in employing a community liaison officer.

Schedule 6 of the Section 106 agreement, as amended by a Supplemental Deed

dated 8th May 2002, required that the development should advance the promotion of

the land for development in stages. The first stage was to agree an informal

development planning brief (the Brief) with SHDC, which was done in 2001. The

second stage was to submit an application for outline planning permission for

employment development consistent with the agreed brief. The third stage required

that, in the event that planning permission was granted, InterGen would submit an

application for approval of reserved matters for the construction of the first phase of

an internal road and, subject to the grant of approval and any other necessary

consents, would construct the access road. An application for outline planning

permission was submitted on 30.4.02 and planning permission was issued on 4.2.05.

2.4.13 On 17 March 2005, SHDC and InterGen entered into a variation to the Section 106

Agreement in terms of which the original conditions imposed upon InterGen to

provide discounted local electricity and hot water distribution networks were released.

Since the date of the original Section 106 Agreement, there had been significant

changes to the energy distribution and supply market which had resulted in the

erosion of these benefits to the local community. In exchange for the removal of

these obligations, InterGen agreed (a) to transfer to SHDC the 10 hectare parcel of

undeveloped land to the South of the existing SECL station and (b) to increase the

amount contributed to the economic development fund to facilitate development of

this land. Both of these obligations were fulfilled by InterGen. It is anticipated that a

further minor variation to the Section 106 agreement will be necessary in order to

facilitate the construction of the proposed SEE.

Application H16/1117/08

2.4.14 The above planning permission expired while the land was owned by SHDC. The

new owners, Rand & Howtin submitted an application for outline planning permission

on 30.10.08 (H16/1117/08) for Class B1, B2, B8 employment uses, with open

storage, vehicle parking, car showroom and a petrol filling station. It was

recommended to the SHDC Development Control Committee of 17.12.08 that

planning permission should be granted, subject to conditions requiring:

24

- submission of details for approval within 3 years and development to be

commenced within 2 years of final approval of reserved matters

- submission of the detailed design

- the design is to include landscaping

- details of proposed site levels and floor levels of buildings to reduce flooding

risks

- a scheme to address contamination and pollution risks, a site investigation if

required and a method statement to address remediation

- demonstrate good practice in energy efficiency and incorporate renewable

energy production equipment to provide 10% of energy requirements

- undertake an ecology survey before commencement of development

- include covered areas for cycle storage and provide cycleways within the Site

2.4.15 The proposed SEE incorporates a substantial part of the site described in the

Application H16/1117/08, held by InterGen (UK) Limited under an option to purchase

from Rand & Howtin. In the event that Section 36 Consent is obtained, the area

within planning permission H16/1117/08 will be much reduced, so that the scheme,

as indicated when the application was submitted, will not be developed in that form.

The range of issues referring to this land are set out in the ES at 15.93-15.96.

25

3.0 PROPOSED DEVELOPMENT

3.1 Summary

3.1.1 The Application Site is located immediately south of the existing sub-station serving

the SECL power station. In total, the area is 14 hectares of which about 9 hectares

will be used for constructing the proposed SEE including the sub-station; the

remainder will be used as a contractors’ laydown area and held for future use for

CCS. This section refers first to the proposed SEE, which is the subject of this

Application and then it describes Associated Infrastructure that will be the subject of

separate applications, namely the erection of a second OTL connecting to the

national grid, a second gas pipeline and AGI connecting to the gas NTS. It also

refers to the potential for CHP to serve prospective heat customers and to information

to demonstrate that the proposed SEE is CCR, which will lead to the installation of

CCS equipment when required by Government.

3.1.2 The proposed SEE is described in the relevant parts of Chapter 4 of the ES. A list of

the main constituents of the proposed SEE is set out in paragraph 3.2.2.

3.1.3 The Application Site is shown edged red on the Application Site Plan DWD/2544C/1

(Document 2) and is also shown superimposed on an aerial photograph

(Document 3). Other useful figures, illustrating the proposed SEE, are the Parameter

Block Model Layout (Document 5) indicating the maximum heights of

buildings/structures proposed in different parts of the Application Site above grade

level of 6.5 metres AOD and an Illustrative Plant Layout of the proposed SEE

(Document 6). Photographs and photomontages are contained in the ES in

Chapter 7.

3.2 Proposed SEE

3.2.1 The main items of plant listed below, which comprise the proposed SEE power

station, are described in the ES in Chapter 4, in which Table 4.2, identifies items of

plant to be located in the respective parts of the Parameter Block Model Layout

(Document 5); these are shown in an illustrative layout provided as Document 6. The

detailed design of the power station will not be completed before a construction

contract(s) is in place; accordingly, final building design details will be submitted to

SHDC for approval before the main development can commence. All aspects of the

proposed SEE have therefore been considered on a “worst case basis”, for example,

the stack heights for purposes of visual assessment have been assumed to be 82

26

metres but, for purposes of air quality modelling, a height of 78 metres has been

adopted, comparable to the present stack heights (ES 2.54-2.56).

3.2.2 The main process plant to be situated on the Application Site will include:

- 2 gas turbines

- 1 or more steam turbines

- 2 heat recovery steam generators (HRSG)

- 1 or more auxiliary boilers

- 2 stacks

- air cooled condensers (ACC) and ancillary cooling

- 2 or more transformers

- Gas reception facility

- Other plant and equipment

- Water treatment plant

- 400 kV sub-station

- 2 water tanks

- buildings (including administration offices, control room, engineering works

including contractors temporary laydown areas, vehicle

loading/unloading/fencing, storage facilities, lighting).

In addition to the above, landscaping and biodiversity provision will be incorporated

into the scheme as described below.

3.2.3 From the above the main items of plant and buildings and their approximate sizes are

given below.

NOTE: All dimensions are approximate and some dimensions irregular.

Proposed SEE Plant Dimensions Area Height

- 2 gas turbines, 1 steam turbine (turbine hall)

45 x 120m 4550 m² 36.5 m

- 2 heat recovery steam generators (HRSG)

20 x 40m 1600 m² 39.5 m

- 2 stacks

12 d.m 226 m² 82 m

- air cooled condenser (ACC)

80 x 80m 6400 m² 36 m

- 3 transformers

10 x 15m 450 m² 10m

- workshop, warehouses 60 x 27m 1620 m² 20m

- offices, control room 53 x 28m 1180 m² 20m

- 2 water tanks

24 d.m 900 m² 21m

- 400 kV sub-station

200 x 115m 22500 m² 12 m

27

The remainder of the Application Site comprises mainly roads/footpaths/surface yards

and car parking (56 cars, 3 disabled car parking spaces, 6 motorcycle spaces and

secure storage for 10 bicycles). This table can be compared to the existing power

station in paragraph 2.3.5.

3.2.4 From the comprehensive description of the development works in the ES, the

following are key considerations.

(a) The construction programme and phases described in the ES envisage, subject

to the grant of consents, development commencing with the removal of the

Mound, (Statement 2.3.8), over a period of 6 months followed by mobilisation of

contractors to undertake the main construction works, over a period of around

30 months (ES 5.5-5.7, Table 5.1).

(b) The principal contractor will be required to adopt the strict environmental

working practices required by SEEL, including the construction environmental

management controls discussed in the ES at Chapter 6. It is estimated that up

to 600 construction workers will be employed (peaking during

mechanical/electrical installation work) midway through the programme,

representing an average of approximately 200 persons. As with the previous

SECL contract, unless otherwise agreed with SHDC, site working hours will be

as follows:

Day Normal

Monday – Friday 0700-1900 hours

Saturday 0700-1700 hours

Sunday/Bank Holidays No working

(ES 5.26-5.29, Table 5.2)

(c) During construction, peak HGV movements will arise over the initial 6 month

period when undertaking the removal of the Mound, resulting in an estimated

123 daily movements; the average level of HGV movements over the 30 month

construction programme will be around 70 daily movements.

(d) At the beginning/end of each working day, during the peak month of

construction (around month 18), there will be an estimated 455 cars/light

vehicles entering, then leaving the Site and an average daily figure throughout

the 30 month construction programme of about 200 vehicles entering then

28

leaving the Application Site. Transport mitigation and monitoring measures

areas are summarised in the ES Table 8.8. This process was successfully

managed when the SECL power station was developed, a construction traffic

management plan (CTMP) will similarly be imposed.

(e) During operation, SEEL management will institute a travel plan (TP) with

provision for a travel co-ordinator, public transport information, a travel website,

car sharing scheme, targets, monitoring and periodic review of the TP.

(f) The fact that the Application Site contains about 140,000 tonnes of material

within the Mound means that the Application Site cannot be developed unless it

is remediated. Options considered were re-use of the material on site as

landscaping bunds but this would reduce the area of usable land, furthermore

the Made Ground is currently generating low levels of methane and CO2 as a

result of its organic content. Other alternatives were to use the Made Ground

as a commodity for agricultural spreading, or for use as restoration material on

landfill, or offsite disposal to a registered landfill site (which would be costly and

a waste of a resource), or to undertake on site gas remediation with off-site re-

use. The preferred option discussed with the EA and SHDC is to achieve the

re-use of the material for agricultural spreading after off-site processing

(ES 3.71-3.74).

(g) There may additionally be a requirement from NG to remove around 85,500

tonnes of potentially contaminated ground from the area of the proposed sub-

station extension; currently it is assumed that this may be taken to a registered

landfill, or treated in a similar manner as the mounded material (ES 5.19). The

nature/quantities of materials used in the construction process are not known,

however SEEL will want to ensure that materials and value are not lost to

waste, therefore a traditional waste hierarchy of waste minimisation, re-use and

recycling will be adopted (ES 5.36-5.40, Table 5.5). The management of

operational waste is also discussed in the ES (ES 4.159-4.162, Table 4.4).

(h) Power station design is discussed in the ES (Chapter 3), first from the

perspective that, of the different energy options, InterGen’s investment plans in

the UK are focused on CCGT technology. SEEL considers CCGT to be an

optimal configuration due to the level of energy efficiency, its rapid response

capability to meet customer demands and the relatively lower level of

emissions, including carbon dioxide. It explains the evaluation criteria which

influence the layout and design (ES 3.36-3.41, Chapter 4) and this is also set

out in a Design and Access statement, accompanying this Application.

29

(i) Lighting design will be undertaken by a professional design engineer, in

compliance with guidance issued by the Institution of Lighting Engineers

(Guidance Notes for the Reduction Obtrusive Light 2005) and the publication by

DCLG Lighting in the Countryside: Towards Good Practice (ES 4.81-4.85,

Technical Appendix Chapter 4.1).

(j) The proposed SEE will require an Environmental Permit to operate under the

Environmental Permit Regulations 2007; it will also be required to meet the

emission requirements of the EU Large Combustion Plants Directive (LCPD)

and SEE will operate a system to identify, assess and minimise the

environmental risks and hazards of accidents and their consequences, all of

which is normal for development of this type (ES 6.80-6.112).

(k) The Application Site amenity will be improved by a scheme of landscaping with

native species along the combined site frontage of the SECL power station and

through perimeter planting. Biodiversity enhancement will be achieved by the

provision of new SUDS water features of approximately 1,000 m³ to provide

similar wildlife habitat to that used by birds and invertebrates along Vernatts

Drain and the River Welland. SEEL is also discussing with the Welland and

Deeping Internal Drainage Board (WDIDB) the potential to collaborate in

biodiversity enhancement along Vernatts Drain and it will explore a similar

option with the EA (ES 4.35-4.39, 13.101). Summary ideas for discussion with

SHDC, WDIDB and the EA are attached (Document 9).

(l) the proposed SEE comprises a second major investment in Spalding by

InterGen, through it affiliate, SEEL. The development process involves bringing

together a wide range of construction and engineering skills, particularly civil,

mechanical and electrical, involving expenditure in the region of £600 million.

The purpose of the proposed SEE is to provide much needed electricity

generating capacity before 2015; the energy will be transported by the national

grid to meet energy requirements, which is important to the country’s well

being. At a local level, the ES reports (Chapter 14) that, depending on whether

the proposed SEE is operated in conjunction the existing SECL power station,

or independently, will produce direct permanent employment, direct temporary

employment and induced local employment equating to some 56 – 61 jobs (and

if operated on a stand alone basis about 81 jobs). The jobs that will be created

by the proposed SEE (as with the present SECL power station are of a high

quality).

30

3.3 Associated Infrastructure

Overhead Transmission Line (OTL)

3.3.1 NG has advised that the development of the proposed SEE will necessitate installing

a second electrical connection to the Walpole-West Burton 400 kV line, which

comprises part of the national grid. This will necessitate an OTL, as “double

stringing”, or undergrounding of a new line is not practicable (ES 3.87-3.89).

3.3.2 NG will submit an application for consent under Section 37 Electricity Act 1989,

accompanied by an ES to install the OTL. To enable an assessment to be

undertaken of the overall likely significant effects of the proposed SEE, SEEL’s

environmental consultants have undertaken an assessment of four route options

(ES 3.90-3.99). From this work, it has identified a preferred route of approximately

5.5 kilometres, known as Route 1A (ES 3.100/101, Figure 3.4, Technical Appendix

15.1), which runs approximately parallel, 100 metres to the south of the existing 400

kV connection. There can be no certainty that NG will adopt Route 1A, as it will

follow its own EIA process but the assessment undertaken by SEEL, based on

information known at this time, is supported by appropriate assumptions.

Gas Pipeline and AGI

3.3.3 SEEL commissioned a feasibility study which has confirmed the need for a second

gas pipeline, an AGI and a gas reception facility (GRF). It has considered three

options for the siting of a new GRF, from which it has concluded that Option 3 is the

most practicable, involving the installation of a new compound to be located within the

Application Site boundary (ES 3.62-3.67).

3.3.4 The ES explains that it has also considered four pipeline route options between the

proposed GRF and the NTS at Carrington Road, Wragg Marsh (ES 3.75-3.86). Its

preferred Option 2, shown in the ES Figure 3.3, illustrates a route which follows

closely the existing pipeline and the construction of a new gas AGI adjacent to the

existing facility. During this year, InterGen will submit an application for planning

permission to SHDC for the proposed gas pipeline and AGI, accompanied by an ES.

31

3.4 Combined Heat and Power

3.4.1 PB, on behalf of SEEL, has undertaken a CHP Assessment. The CHP Assessment

identifies broadly commercial/industrial areas on the north side of Spalding accessible

to the proposed SEE:

- north and south of Wardentree Lane and north west of Vernatts Drain

- West Marsh Road between River Welland/Vernatts Drain.

3.4.2The CHP Assessment explains that, having followed DECC’s guidance on CHP

assessment, the Industrial Heat Map website (sponsored by DEFRA) indicates that

there are no recipients suitable for CHP in close proximity to the proposed SEE in

West Marsh Road (CHP Assessment Section 2.2). Instead, a number of potential

heat users local to the proposed SEE were contacted by SEEL, leading to an

expression of interest from the management of the new South Holland Community

Hospital. The new Hospital is located about 1 kilometre from the Application Site and

is due to open in 2009. The proposed SEE will not be in a position to provide heat

before Q1 2014, but that is not believed to be a problem; the proposed SEE will be

configured to supply heat in the form of hot water, with minimum disruption to

activities. It is proposed that PB (SEEL’s consultant engineers), will carry out a

preliminary feasibility study to ascertain the Hospital’s heat requirement. Additionally,

the CHP Assessment has identified the potential for heat customers within the area

shown in Figure 2.1.

3.4.3 In Section 4.1.1 of the CHP Assessment, it states that:

“Subject to commercial feasibility, an extension of the scheme to cover other users in

Zones 1 and 2 will be considered, based on the recognition of the CHP potential

associated with the existing local heat customers. SEEL has included CHP in the

proposed SEE CCGT plant design allowing for the provision of up to 10 MWth of

heat. It is considered that the potential exists for at least one new customer in the

surrounding area.

Consequently, SEEL will ensure that the proposed SEE plant design is ready to

provide future heat take-off, ie the proposed SEE will have a suitable connection point

which is capable of being retrofitted with relevant equipment to provide heat to users.

In addition, the proposed SEE will contain corridors along which suitable pipelines

can be laid once commercial CHP agreements with off-takers are in place”.

32

Apart from the Hospital, SEEL is undertaking exploratory discussions with a

horticultural operator to provide heat and CO2.

3.5 Carbon Capture Readiness

3.5.1 The requirements to demonstrate CCR are summarised in paragraph 4.2.10 of this

Statement and, more comprehensively, in the report prepared by PB accompanying

the Application “Carbon Capture Readiness Feasibility Study” (CCR Report). The

CCR Report describes its approach as follows:

“Established a high level concept of the proposed power plant taking into

consideration a number of alternative and competing “F” class GT technologies

Carried out thermal modelling of the power plant without carbon capture to identify

the “F” class GT technology option that is likely to produce the most CO2 (ie the

greatest capture requirement)

Established the main carbon capture equipment sizing using the above modelling and

confirmed that it will fit into the land currently available, ie 3.6 hectares, for the CCS

equipment at SEE.

Identified a preferred carbon capture technology for retrofit and its likely impact on the

performance of the proposed power plant

Identified a range of potential geological storage sites with storage capacities capable

of accepting the carbon output from the plant over a 35 year period; and

Identified a preferred route for the transportation of the CO2 from the site to a

geological storage site taking into account the drivers associated with pipeline, road

or rail onshore transportation of CO2 and existing gas/oil infrastructure locations (ie

beach head sites)”.

3.5.2 The CCR Report concludes (Section 11) that it “demonstrates that it is technically

feasible to retrofit post-combustion carbon capture equipment to the SEE project,

subject to a commercial scale plant being demonstrated. Sufficient land is available

adjacent to the plant for the installation of the CCS equipment necessary for the

proposed SEE project. The flue gases and steam can be provided to the CCS

equipment without difficulty. The project location means that it is also technically

33

feasible to transport the CO2 to a suitable location on the East Coast (preferably by

pipeline) and store the CO2 offshore.

In respect of the economic feasibility of retrofit and transport, it is considered that

these aspects will become economically feasible at some point in the future given:

(1) the recent and likely future developments in CCS technology, much of which will

stem from the proposed carbon capture and storage competition to be funded by

DECC and the EU; (2) the likely long-term movements in the price of carbon; (3) the

proposed treatment in Phase III of the EU ETS of carbon which is emitted, captured

and stored; and in particular (4) the UK Government’s stated commitment to

establishing the necessary economic and regulatory framework for CCS.

The impact of fitment of the carbon capture chain, however, would be a reduction in

the net power output from the proposed SEE CCGT plant of up to 150MWe (c.70MW

due to steam extraction for use in the capture plant and up to 70MW as additional

auxiliary electrical load for the capture and transportation chain). This is an 18%

reduction in the plant net power output. Additional assessment of the economic

feasibility of transport and retrofit for carbon capture, may be appropriate once the

Government has clarified its CCR requirements.

34

4.0 APPLICATION

4.1 Summary

4.1.1 Section 4.2 refers to the main provisions of the Electricity Act 1989, the requisite EIA

Regulations and the following relevant Government guidance/consultation:

- “The Consenting Process for Onshore Generating Stations above 50 MW in

England and Wales” (URN/07/1556) published in October 2007 (the 2007

Guidance)

- On the matter of CHP, in “Guidance on Background Information to

Accompany Notifications under Section 14(1) of the Energy Act 1976 and

Applications under Section 36 of the Electricity Act 1989” (URN/06/2138)

published in December 2006 (the CHP Guidance)

- “Towards Carbon Capture and Storage - (June 2008)” and the European

Commission’s draft directive on the geological storage of CO2 considered by

the European Parliament

- “Heat and Energy Savings Strategy A Consultation Document” (February

2009).

4.1.2 Section 4.3 refers to the scoping and consultation process followed in respect of this

Application and to the response from consultees; Section 4.4 sets out the summary

outcomes of the EIA process and clarification on matters concerning the methodology

behind landscape and visual impact assessment and confirmation that there should

be no requirement for appropriate assessment; while Section 4.5 refers to documents

accompanying this Application for Section 36 Consent and deemed planning

permission.

4.2 Consenting Process

Guidance

4.2.1 Section 36 Electricity Act 1989 requires that any generating station exceeding 50 MW

shall not be constructed, extended, or operated except in accordance with a consent

granted by the Secretary of State for Energy and Climate Change. The proposed

SEE is for an electricity generating station of 900 MW and therefore Section 36

35

Consent is being sought, together with deemed planning permission, subject to such

conditions as the Secretary of State may direct.

4.2.2 The provisions of Schedule 8 (Consents under Section 36 and 37), require

notification of the application to the “relevant planning authority”; in this instance,

SHDC and LCC (paragraph 2(1)). Both authorities have been consulted on the

proposed SEE, together with the East Midlands Regional Assembly (EMRA) and the

other consultees listed in the Public Consultation Statement (Document 7).

4.2.3 The 2007 Guidance builds on guidance already available in Circular 4/90 “Electricity

Generating Stations and Overhead Lines”. It points to the fact that applicants

requiring planning permission as well as Section 36 Consent, can obtain this under

Section 90(2) of Town and Country Planning Act 1990 as deemed planning

permission (paragraph 3.5). It draws attention to the fact that conditioning can be

enforced by the LPA and that as well as imposing conditions to address planning

matters, some conditions can be imposed for energy policy reasons “and more

recently (for non-CHP fossil fuelled generating stations) requiring the development to

have enough land for CCS” (paragraph 3.6). There is also a reminder that new oil

and gas fired power stations above 10 MW require consent under Section 14(1)

Energy Act 1976 (paragraph 3.9, 3.65).

4.2.4 Attention is drawn to the need for generating stations, constituting EIA development

to follow the process set out in the “Electricity Works (Environmental Impact

Assessment) (England and Wales) Regulations 2000” (2000 Regulations), as

amended by SI 2007 No. 1977 “The Electricity Works (Environmental Impact

Assessment) (England and Wales) Regulations 2007”. Schedule 4 of the EIA

Regulations requires that an ES should include a description of the likely significant

effects of the proposed development on the environment, including its cumulative

impact with other proposals and measures to prevent, reduce and where possible

offset any significant adverse effects on the environment (paragraph 3.14).

Applicants are to state whether they, or the electricity/gas network operators, will be

responsible for designing/building infrastructure connections where applications are

not being submitted at the same time as the Section 36 application (paragraph 3.16).

It is also necessary for this ES to address the requirement for appropriate

assessment, where plans or proposals are likely to have a significant effect on a

European Site (paragraph 3.18, 3.45, Annex iii). Secondary and indirect impacts

include, as well as the proposed SEE, connections to the 400 kV electrical grid and

gas NTS, CHP infrastructure (potentially), and the effects of installing CCS

equipment. (Statement 3.5.1/2)

36

4.2.5 “Good practice” tips for the pre-application stage are given in the 2007 Guidance on

page 12; these include:

- consulting widely at an early stage

- ensuring the potential for CHP is fully explored

- ensuring that the EIA process is robust, with all relevant surveys having been

undertaken

- considering the grid connection and the consents process required under

Section 37 Electricity Act 1989

- setting a realistic timetable with the LPA.

It is recommended that reference should be made to Government advice on CHP.

4.2.6 The 2007 Guidance requires that, at the same time as the applicant applies for

Section 36 Consent, they should notify the relevant LPA of the application in

accordance with DoE Circular 14/90 (paragraph 3.24). There is a requirement for the

applicant to advertise both notice of the application under regulation 4 of the

Electricity (Applications for Consent) Regulations 1990 and to give notice of the

accompanying ES under Regulation 9 of the 2000 Regulations (as amended); by

Regulation 9(3) both notices can be combined. The notice is to be published in the

London Gazette, in one or more local newspapers and in one or more national

newspapers for one week (paragraphs 3.25, 3.26 Annex VI). The notice should state

that it is accompanied by an ES, together with a map, showing the land to which the

application relates. It must also describe where the ES may be inspected and

obtained and the cost, and a date (not less than 4 weeks after the last notice was

published) by when and where representations to the Secretary of State should be

made.

CHP

4.2.7 The CHP Guidance requires that developers should provide evidence to show the

steps they have taken to assess the viability of CHP, including community heating,

within the vicinity of the proposed plant by providing a report containing the following

(paragraph 11):

37

- “an explanation of their choice of location, including the potential viability of the

site for CHP;

- a report on the exploration carried out to identify and consider the economic

feasibility of local heat opportunities and how to maximise the benefits from

CHP;

- the results of that exploration; and

- a list of organisations contacted.”

If the proposal is not supported by CHP, it should provide:

- “the basis for the developer’s conclusion that it is not economically feasible to

exploit existing regional heat markets;

- a description of potential future heat requirements in the area; and

- the provisions in the proposed scheme for exploiting any potential heat demand

in the future”.

It is recognised that, while waste heat from large power stations should be used

where possible, in some cases CHP will not be economic at that time. A report

prepared by specialists, PB, titled “CHP Assessment” is included with this Application.

4.2.8 The 2007 Guidance at Part 4 explains that in reaching a decision, the Secretary of

State will take account of relevant factors including Government policy, planning

considerations, environmental/local issues, views of the relevant planning

authorities/local people, Government statutory advisers, the developer’s arguments in

favour of the proposal and any other representations received. The proposal will also

be considered against the following criteria prepared in response to Article 6 of EU

Directive 2003/54/EC, namely:

“(a) the proposal must be consistent with the Government’s energy policy and its

goals of reducing carbon emission, maintaining the reliability of our energy

supplies, promoting competitive markets, and ensuring that every home is

adequately and affordably heated;

(b) that the proposer must have provided adequate environmental information for

the Secretary of State to judge its impact;

38

(c) that the proposer has identified what he can do to mitigate the impact of his

proposed development;

(d) that the Secretary of State judges that the environmental impact is acceptable;

(e) that the procedures for considering the power station proposal have been

properly followed;

(f) that the proposer of a fossil fuel power station has provided evidence of what

he has done to explore the use of combined heat and power technology for his

development;

(g) that the Secretary of State is satisfied that the power can be delivered to the

electricity supply network …”

Attention is drawn to item (f) on the need to consider CHP.

4.2.9 The Departments of Energy & Climate Change and Communities and Local

Government published a “Heat and Energy Saving Strategy Consultation” (HESSC)

in February 2009 as part of Government’s strategy to increase energy saving

measures, and “decarbonising the generation and supply of heat” (Executive

Summary). One of the key proposals is the utilisation of waste heat produced during

electricity generation (HESSC Chapter 7) which is seen to improve efficiency, deliver

significant carbon emission reductions and burn less fuel, resulting in savings on fuel

bills, increasing the competitiveness of businesses and increasing security of energy

supply. In the previous section (paragraphs 3.4.1-3.4.33.3.7-3.3.9), it was explained

that SEEL has identified the potential to provide heat to the new South Holland

Community Hospital; additionally, a company (which has requested confidentiality)

has expressed interest in taking heat, electricity and CO2 from the proposed SEE. It

is believed that within the 193 hectares of land within the employment allocations on

the north side of Spalding that there may, in time, be other customers when it can be

seen that the proposed plant has a firm date set for completion.

Carbon Capture and Storage

4.2.10 It has been mentioned already in relation to conditioning that, for non-CHP fossil

fuelled generating stations, there will be a requirement to have enough land for CCS.

In fact, the position has since evolved, first with the publication of “Towards Carbon

Capture and Storage - A Consultation” in June 2008 and, second, a draft directive

has been adopted by the European Parliament sitting on 17 December 2008. One

39

effect of the directive, if enacted, would be to amend Directive 2001/80/EC on the

limitation of emissions of certain pollutants into the air from large combustion plants,

by adding Article 9a, as reported below:

“1. Member States shall ensure that operators of all combustion plants with a rated

electrical output of 300 megawatts or more for which the original construction

license, or in the absence of such a procedure, the original operating licence is

granted after the entry into force of Directive XX/XX/EC of the European

Parliament and the Council, have assessed whether the following conditions

are met:

- suitable storage sites are available;

- transport facilities are technically and economically feasible;

- it is technically and economically feasible to retrofit for CO2 capture.

2. If the conditions in paragraph 1 are met, the competent authority shall ensure

that suitable space on the installation site for the equipment necessary to

capture and compress CO2 is set aside. The competent authority shall

determine whether the conditions are met on the basis of the assessment

referred to in paragraph 1 and other available information particularly

concerning the protection of the environment and human health.”

4.2.11 The PB CCR Report suggests that DECC’s response to the public consultation on

CCS is expected around mid-2009; with the UK regulatory regime being finalised this

year. It points out that the EA is developing a checklist to assist in judging space and

retrofit technical considerations, of which a version is attached to the Report at

Appendix B. This has helped to inform the CCR Report on retrofitting CCS

(Chapter 9) and the health and safety conditions that will have to be addressed

(Chapter 10) which, in the longer term, may eventually be applicable to all power

stations in excess of 300 MW.

40

4.3 Consultation and Liaison

EIA Consultation

4.3.1 The ES includes an explanation of the scoping process followed by SEEL, namely

that a request was made to DECC and to certain statutory and non statutory

consultees (ES 2.11-2.16, Table 2.1). The full list of organisations consulted with a

summary of their response and where in the ES the matters raised have been

addressed are set out in the ES Table 2.1, with copies of the consultation responses

in Technical Appendix 2.1.

4.3.2 The parties consulted and whether they responded are listed below.

Organisation Response

Department of Energy and Climate Change (DECC) Yes

Environment Agency (EA) Yes

Anglian Water Yes

Natural England (NE) Yes

South Holland District Council (SHDC) Yes

Health & Safety Executive Yes

Food Standards Agency No

National Health Services, Lincolnshire (NHSL) Yes

Lincolnshire County Council (LCC) Yes

British Sugar Sports & Social Club M

Civil Aviation Authority (CAA) Yes

East Midlands Development Agency Yes

East Midlands Regional Assembly (EMRA) Yes

Fenland Aero Club Yes

Government Office for the East Midlands No

Lincolnshire Association of the National Trust Yes

Lincolnshire Badger Group Yes

Lincolnshire Bat Group (LBG) Yes

Lincolnshire Biodiversity Partnership (LBP) Yes

Lincolnshire Enterprise (LE) Yes

Lincolnshire Fire and Rescue (Spalding) (LRR) Yes

Lincolnshire Naturalists Union (LNU) Yes

Lincolnshire Police (Spalding) Yes

Lincolnshire Wildlife Trust (LWT) Yes

41

Organisation Response

MOD Safeguarding (MoD) Yes

National Air Traffic Service (NATS) Yes

Pinchbeck Parish Council M

Royal Society for the Protection of Birds (RSPB) Yes

SECL Community Liaison Group M

South Holland Rural Action Zone (SHRAZ) Yes

Spalding and District Civic Society Yes

Spalding Town Forum M

Welland Deeping Internal Drainage Board (WDIDB) Yes

Weston Parish Council Yes

Note: M = meeting, Yes = reply, N = no reply

4.3.3 All matters raised by consultees have been addressed through the EIA process; the

main considerations from a planning perspective are the following:

Main Considerations Consultee

Combined heat and power DECC

Carbon capture readiness DECC

Energy SHDC, EMRA

Air quality emissions EA, SHDC, NHSL

Water environment EA, LCC, EMRA, WDIDB

Flood risk EA, LCC

Waste EA, SHDC

The Wash SAC, SPA, Ramsar NE

Biodiversity NE, SHDC, LBG, LBP, LNU, LWT, RSPB

Noise and vibration SHDC

Contaminated land SHDC

Public health NHSL

Odour and dust accident management NHSL

Carbon footprint LCC

Visual impact SDHC, LCC

Transport/traffic reduction LCC, SHDC, EMRA

Archaeology/cultural heritage SHDC

Socio economics SHDC, SHRAZ

Aviation safety CAA, MoD, NATS

42

Main Considerations Consultee

Regional objectives: social exclusion, environmental quality, health, economic prosperity, accessibility, environment, biodiversity, climate change, land sequential approach

EMRA, SHDC, EMRA, LE

Fire and rescue LFR

Note: For name abbreviations, see paragraph 4.3.2.

Public Consultation Statement

4.3.4 The Application is accompanied by a Public Consultation Statement (PCS). It refers

to meetings with John Hayes MP, SHDC, LCC, Spalding Town Forum, Pinchbeck

Parish Council, BSSSC, Spalding Energy Community Liaison Group and a number of

visits by local residents to the SECL power station; there have also been meetings

and discussions with a number of the named consultees.

4.3.5 Following approval of the SECL power station, InterGen established a Community

Liaison Group made up of representatives from several organisations including

SECL, LCC, WEDIDB, SHDC, BSSSC and Weston Parish Council. It first met in

2001 before development of the SECL power station commenced and it has

continued to meet, albeit that in the post commissioning period meetings have

occurred at a reduced frequency. The last two meetings were held on 3 December

2008 and 25 March 2009. The Group will meet more frequently during this

Application process and, if consent is granted, throughout and after the construction

and commissioning period.

4.3.6 InterGen held a public exhibition at the scoping stage on 20, 21, 22 November 2008

at the Broad Street Business Centre, attended by approximately 150 people. The

outcome of the exhibition is set out in the PCS (Section 3). Out of 63 positive

comments and 20 negative comments, the following emerged.

Negative Issues (-) Number Positive Issues (+) Number

visual impact 8 power is needed

16

noise issues 3 good for jobs

12

no local benefit 2 support for local economy community

11

43

Negative Issues (-) Number Positive Issues (+) Number

close to housing 1 good site

10

house prices will fall 1 clean power good for the environment

10

should not have been built 1 efficient supply

2

experiencing regular power cuts

1 has to go somewhere 1

wrong location 1

4.3.7 At the time of advertising the November exhibition, InterGen issued a newsletter to

approximately 3,500 homes and businesses in Spalding. In addition to the above,

InterGen set up a website on which the scoping and now application information is

available www.spaldingenergy.co.uk. A free phone line was established and by

March 2009 more than 50 calls had been received. Quarter-page advertisements

were placed in local newspapers covering the town namely the Lincolnshire Free

Press,Spalding Guardian and Spalding Target (the latter has now ceased

production). SEEL has recently issued advertisements in local newspapers and a

second newsletter to support a further exhibition held on 26, 27, 28 March 2009.

4.4 EIA Outcomes

4.4.1 The ES sets out for each of the topics considered in Chapters 7-14, the assessment

methodology, baseline conditions, potential impacts, mitigation measures, impact

assessment of residual environmental effects (construction/operation), monitoring

measures and a summary (construction/operation) of the potential impact, mitigation,

means of implementation and the outcome/residual effects. A summary of the

impacts the proposed SEE (including cumulative impacts) is set out in the table

below.

Issue Description and Potential Impact Design Measures and Mitigation

Landscape and Visual

During construction, cranes and large quantities of machinery will be visible and apparent across a wide area. During operations, the proposed SEE will be evident from some distance. A number of properties that lie in relatively close proximity to the proposed SEE site will be significantly adversely affected by views of the proposed SEE site.

2m high hoarding will surround the site during construction to screen the works. Planting of native woodland, trees and hedges will be located around the periphery of the site, where possible, and the bund along the eastern bank of Vernatts drain will screen the lower level elements of the site.

44

Issue Description and Potential Impact Design Measures and Mitigation

Landscape and Visual (cont’d)

It is likely that the material, colour and construction of the proposed SEE will be similar to that of the existing SECL power station, resulting in a more unified and integrated visual image within views. The lighting design will be carried out by a professional lighting design engineer using guidelines with the aim of reducing light pollution.

Transport During construction a large number of daily Heavy Goods Vehicle movements, up to 120 ‘in’ and 120 ‘out’, will be required. This is associated with building material movements and deliveries. Construction traffic is predicted to peak in 2013.

During the construction phase a Construction Traffic Management Plan will be used to control traffic movements, routing, parking and other associated measures such as signage.

Noise and Vibration

There is the potential for noise impacts to arise during the construction phase as a result of machinery on site, construction activities and construction traffic and during the operation phase as a result of daily operations.

The measures to avoid adverse noise conditions during construction will be set out in a Construction Environment Management Plan (CEMP) and will include guidance on the timing of deliveries, choice of plant machinery, and switching off machinery when not in use. As a result, no adverse noise impacts are predicted. High performance noise barriers and silencers will be fitted where appropriate, thereby reducing the potential for noise during operations.

Air Quality Dust will be the main air emission during the construction works. The main air emissions during operations (CO2 and NO2) will exit via the main stacks.

The control of dust emissions during the construction period will be ensured through the CEMP, and it is anticipated that there will be no adverse impacts. Low pollution technology has been specified for the CCGT plant in order to avoid and reduce harmful emissions to the air during operations.

Ground Conditions

The proposed SEE site was used formally as part of the British Sugar beet processing factory. This former land use has left behind organic material which is generating ground gas at low flow rates.

Prior to commencing any work on site it is proposed to remove the gas-generating material, including the spoil mound. It is proposed that this material is re-used off site as topsoil. The design of the foundations for the proposed SEE will ensure that any remaining ground gas will be prevented from entering the buildings and allowed to disperse safely into the atmosphere.

45

Issue Description and Potential Impact Design Measures and Mitigation

Water Resources and Flood Risk

Spills etc may affect water resources during construction. During operations the site needs to have an appropriate floor level to minimise flood risk. During operations, additional mains water will be required.

The potential for water pollution during construction will be controlled and reduced by the mitigation measures detailed in the CEMP. The design of the proposed SEE has taken into account the flood risk associated with the River Welland and, therefore, the proposed SEE will be entirely located above the flood risk level. A Sustainable Urban Drainage Strategy has been designed to store and treat rain water run off once the proposed SEE is built. Rainwater harvesting will be incorporated within the detailed design to reduce water consumption.

Ecology There is limited ecological value on the proposed SEE site itself. However, the immediate surroundings reflect a diverse and thriving habitat for flora and fauna.

A range of enhancement measures for species mostly centred on the Vernatt’s Drain corridor have been agreed with Welland and Deeping Internal Drainage Board, including the management of the existing habitat along the watercourse, provision of bat and bird boxes on and off site, and the creation of an artificial otter holt along Vernatt’s Drain. Within the proposed SEE site, landscaping (including trees, buses and shrubs) and potentially a green/brown roof on at least one of the buildings will provide opportunities for both fauna and flora.

Socio-Economics

The construction and operational phases of the proposed SEE will create employment opportunities, with up to around 600 jobs predicted during the construction phase and approximately 56-61 direct and indirect jobs during the operational phase. The proposed SEE will result in the demolition of buildings leased to the BSSSC.

No mitigation is required in relation to job creation, as impacts are beneficial. A working group has been established to assess options for the future of the BSSSC and these discussions will continue beyond the date of the Section 36 application for the proposed SEE.

Construction During construction the key cumulative impact is likely to be visual. Other likely impacts to arise could include traffic, noise, dust and ecology. There is also likely to be a positive

Construction impacts will be temporary and local, and will be mitigated through the effective use of management plans and communication between construction teams.

46

Issue Description and Potential Impact Design Measures and Mitigation

impact as a result of temporary employment. Productive agricultural land will be temporarily required for the construction of the overhead transmission line and gas supply pipeline.

Appropriate arrangements will be made with affected landowners.

Operation Once all developments are built, significant cumulative landscape and visual impacts will arise as a result of the proposed overhead transmission line, the proposed SEE, the Rand and Howtin development and CCS. There is also the potential for noise impacts from the proposed SEE, CCS and the Rand and Howtin development. The proposed SEE, CCS and the Rand and Howtin development will all occupy brownfield land.

Planting at the proposed SEE site will screen views and effective design of the proposed SEE and CCS will reduce visual impacts. Noise impacts are not considered to be significant as the proposed SEE and CCS will be designed to reduce noise impacts at source. Land use is consistent with the SHDC Local Plan.

4.4.2 Chapter 7 (Landscape and Visual) adopts a methodology devised for the landscape

and visual assessment of large scale energy developments. The parameter plans

and photomontages show a series a building blocks or envelopes, within which plant,

equipment or buildings will be constructed. However, the development is unlikely to

fill the envelopes; in some cases only a few items will reach the maximum height

indicated and there may also be space between various items of plant. This

approach exaggerates the visual impacts to present a worst case scenario. Through

the detailed design process the final proposals for the proposed SEE will be

developed further and it is likely that the magnitude of the actual development will be

reduced and that the predicted significant likely effects will be more limited than those

which have been assessed. There are few residential properties in the locality; the

setting of the Application Site is against the backdrop of the existing SECL Power

Station.

4.4.3 Chapter 13 (Ecology) requires mention because Natural England and RSPB, in their

scoping responses, referred to the location of the proposed SEE adjacent to the River

Welland, raising the question of the potential for indirect impacts on The Wash (SAC,

SPA, Ramsar site). English Nature also questioned the potential for issues arising

from air quality on Surfleet Lows and the Environment Agency, Lincolnshire Wildlife

Trust, Lincolnshire Bat Group and Lincolnshire Biodiversity Partnership commented

on various habitats and species (including birds, great crested newts, bats, water

voles, otters). The ES reports no impacts on designated sites in the wider areas such

47

as The Wash or Surfleet Lows and that in its opinion, there is no requirement for

“appropriate assessment” under the EC Birds and Habitats Directives (ES 13.132).

The Application proposes a range of mitigation and enhancement measures, such as

lighting design by a professional design engineer, green/browns roofs, bat boxes, bird

boxes, landscaping, SUDS ponds, habitat management with some features on Site,

but mostly centred on the Vernatts Drain corridor (Document 9).

4.5 Section 36 Application

4.5.1 The Application seeks Section 36 Consent under the Electricity Act 1989 and deemed

planning permission under Section 90(2) Town and Country Planning Act 1990 to

construct and operate a 900 MW gas fired combined cycle electricity generating

station:

- Form B (Type 1), application site plan (DWD 2544/C/1) and covering letter

- Application Boundary 2544/C/1

- Schedule of Drawings

- Environmental Statement:

- Volume I Non Technical Summary

- Volume II Main Report

- Volume III Technical Appendices

- Technical Appendices:

- Consents and Licences

- Consultee Responses

- Guidance Notes for the Reduction of Obtrusive Light

- Mitigation and Monitoring Measures

- Landscape and Visual Assessment

- Transport Statement

- Noise and Vibration

- Extracts from Intrusive Investigation Reports

- Flood Risk Assessment

- Results of Ecological Surveys

- Transmission Line Routing Study

- Carbon Capture and Storage and Land Use Planning

- CHP Assessment (A)

- Carbon Capture Readiness Feasibility Study (A)

- Other Documents:

- Public Consultation Statement

- Design and Access Statement

- Planning Statement

48

Note: A - documents which have informed the EIA process

4.5.2 Notice of the application will be published in accordance with the requirements of

Regulation 4 of The Electricity (Applications for Consent) Regulations 1990. Notices

will be placed in the following newspapers:

Notice

London Gazette

Daily Telegraph

Lincolnshire Free Press

Spalding Guardian

Note: dates on which notices to be published will be confirmed with DECC.

4.5.3 The notice states as follows:

Notice is hereby given that Spalding Energy Expansion Limited (“the Company”) has

applied under section 36 of the Electricity Act 1989, for consent of the Secretary of

State for Energy and Climate Change to construct and operate a 900MW Combined

Cycle Gas Turbine (CCGT) Power Station at West Marsh Road, Spalding,

Lincolnshire, PE11 2BB, and for a direction, under Section 90(2) of the Town &

Country Planning Act 1990, that planning permission for the development be deemed

to be granted.

A copy of the application, with a plan showing the land to which it relates together

with a copy of the Environmental Statement, explaining the Company’s proposals in

more detail and presenting an analysis of the environmental implications with a Non-

Technical Summary thereof, may be inspected, during normal office hours at the

following addresses:

South Holland District Council

Council Offices

Priory Road

Spalding

Lincolnshire PE11 2XE

Opening hours: Monday/Tuesday/Thursday 8.30 am-5.15 pm, Wednesday 9.00 am-

5.15 pm, Friday 8.30 am-4.45 pm

49

Spalding Library

Victoria Street

Spalding

Lincolnshire PE11 1EA

Opening hours: Monday/Friday 9.00 am-6.00 pm, Tuesday/Wednesday 9.00 am-

7.00 pm, Thursday 9.00 am-2.00 pm, Saturday 9.00 am-4.00 pm

The South Holland Centre

Market Place

Spalding

Lincolnshire PE11 1SS

Opening hours: Monday to Saturday 9.30 am-8.30 pm

Lincolnshire County Council

Council Offices

Newland

Lincoln LN1 1YL

Opening hours: Monday to Thursday 8.45 am-5.15 pm, Friday 8.45 am-4.45 pm

Pinchbeck Study Centre and Library

48 Knight Street

Pinchbeck

Spalding

Lincolnshire PE11 3RB

Opening hours: Tuesday, Wednesday and Thursday 10.00am-4.00pm

An electronic version of the consent application documents, including the

Environmental Stateement, will be available to download from

http://www.spaldingenergy.co.uk.

The Environmental Statement (price £250), CD copies of the Environmental

Statement (price £5) and copies of the Non-Technical Summary (free of charge) may

be obtained, while stocks last, by writing to ENVIRON UK Ltd, 7 Walker Street,

Edinburgh EH3 7JY, or by phoning 01312 259899.

Any objections to the proposals, stating the name of the power station and the

grounds of the objection, should be made in writing to the Secretary of State for the

Department of Energy and Climate Change, c/o Gary Mohammed, Room V2121,

1 Victoria Street, London SW1H 0ET, or by email to:

50

gary.mohammed@decc.gsi.gov.uk not later than 22 May 2009. Other

representations are also welcome. Unless otherwise indicated, copies of any

objections, and other representations received, will be regarded as public documents.

During the consideration of the proposal the Secretary of State may formally request

further information from the developer to supplement the Environmental Statement,

and materially relevant additional information may also be generated. If that happens,

further public notices will give advice on how representations may be made to the

Secretary of State on this material.

Following receipt of all views and representations the Secretary of State will either

grant or refuse consent for the proposal (with or without conditions). This may involve

holding a public inquiry first, depending on whether there is a statutory objection from

the relevant planning authority, or the Secretary of State decides to exercise his

discretion to call a public inquiry in the light of objection by other persons.

51

5.0 CLIMATE CHANGE, SECURITY OF SUPPLY

5.1 Summary

5.1.1 The Government has pointed to climate change as one of the most significant

challenges facing the world; it therefore requires that planning and energy policy

should address the means by which carbon dioxide emissions can be reduced and

help stabilise changes that will occur. From a planning policy perspective, PPS23 -

Planning and Pollution Control (2004) highlights climate change as one of the most

serious environmental problems we face; similarly, the Supplement to PPS1 -

Planning and Climate Change (2007) which encourages renewable and low carbon

forms of energy generation and infrastructure.

5.1.2 The Energy White Paper 2003 addresses the requirement for the UK to achieve

reductions in carbon dioxide of some 60% by about 2050. The objective is continued

through the UK Climate Change Programme and The Energy White Paper 2007 but,

more recently, the significance of climate change has been given greater weight by

the introduction of the Climate Change Act 2008. This imposes an obligation to

ensure “the net UK carbon account for the year 2050 is at least 80% lower than the

1990 baseline” (Section 1(1)) and that the carbon budget, for the period including the

year 2020 must be at least 26% lower than the 1990 baseline (Section 5(1)(a)). The

significance of these commitments is that they must be reconciled with Government’s

awareness of the need to ensure security of supply, which has been an important

consideration in both the 2003 and 2007 Energy White Papers.

5.1.3 The consequent tension between climate change and the energy solution, which

requires immediate investment in efficient forms of energy generation, including

carbon fuels (linked with opportunities for carbon capture) is reflected in recent

papers published by DECC and Ofgem, respectively, namely:

- Energy Markets Outlook Report December 2008 (EMOR); and

- Sustainable Development Report December 2008 (OSDR).

Both reports are discussed below.

52

5.2 Climate Change, Security of Supply

Energy Markets Outlook Report

5.2.1 The Energy Markets Outlook Report 2008 (EMOR), in referring to the Energy White

Paper 2007, points to the Government’s strategy to address the challenges of

tackling climate change by reducing greenhouse gas emissions, while ensuring the

UK has secure, clean and affordable energy. It supports the concept of “competitive

energy markets with an appropriate cost of carbon and support for emerging low

carbon technologies” as being “essential to delivering the twin goals of both secure

energy supplies and lower emissions” and that “the best way to deal with future

uncertainties is to ensure the market has access to all the technologies and options

available, encouraging a diverse and increasingly low carbon mix” (EMOR

2008, 2.17). It notes that the Government also looks to promote energy efficiency to

reduce demand which contributes to the UK’s security of supply as well as to its

climate change targets (EMOR 2008 3.1.2).

5.2.2 There is an expectation that a substantial proportion of the UK’s generating capacity

will close over the next few years, indeed the 2007 EMOR noted that as a

consequence of the Large Combustion Plants Directive (LCPD), opted out plants

would have to close by the end of 2015, or after 20,000 hours of operation from 1

January 2008, whichever is the sooner. It lists opted out plant as follows:

Plant Name Capacity (GW) Plant Name Capacity (GW)

Tilbury (coal) 1.1 Kingsnorth (coal/oil) 2.0

Cockenzie (coal) 1.2 Littlebrook (oil) 1.2

Didcot (coal) 2.1 Fawley (oil) 1.0

Ferrybridge (stack 2) (coal)

1.0 Grain (oil) 1.4

Ironbridge (coal) 1.0

5.2.3 The EMOR 2008 similarly refers to the LCPD as requiring large generation plants to

meet more stringent air quality standards from the beginning of 2008, meaning that

around 12 GW of coal and oil fired generating plant which “opted out” will have to

close by not later than the end of 2015. Furthermore, around 7.3 GW of older nuclear

capacity is scheduled to close by 2020 – a total of 19.3GW (EMOR 2008 4.4.2, 4.4.8

Chart 4.5).

53

5.2.4 The conclusion is therefore drawn that “in the medium term as plants start to close,

the electricity generating industry faces a substantial challenge in ensuring delivery of

the new generating capacity that will be needed if Britain is to maintain security of

supply at similar levels to those so far enjoyed” (EMOR 2008 4.9.1). This is

illustrated clearly by Chart 4.5 below (EMOR 4.4) which shows that, without new

investment, the UK will have insufficient power generating capacity to meet projected

demand.

Chart 4.5: Development of existing GB generating capacity

Chart 4.5 above also shows that, even if demand were not to increase from the 2008

position, there would still be a need for significant new generating capacity.

Conversely, if demand growth in the longer term was higher than that shown it would

require even greater investment in new generating capacity.

5.2.5 New power plants are under construction in the UK and there are also power

generation projects that have received consent but for which construction has yet to

commence. Even allowing for all consented power generation projects being

constructed (which history suggests is unlikely) there remains a significant

requirement for further generating capacity such as the proposed SEE to meet

projected demand requirements as illustrated by Chart 4.6 below (EMOR 4.5). Power

generating capacity required as shown in Chart 4.6, as forecast by National Grid

54

Electricity Transmission (NGET), is higher than projected demand, which allows for

some generating capacity to not run e.g. to allow for maintenance, and periods when

there is insufficient wind to power wind turbines.

5.2.6 The point is also made in EMOR that among the uncertainties of modelling different

scenarios, not all of them are negative, for example, the possibility of currently

unforeseen technological advances. It also notes that from a positive perspective,

the Energy Act 2008 has updated the legislative framework to reflect the potential for

new technologies such as CCS. The example is given, in the case of coal fired

generation that this would be enable it “to be deployed in a way consistent with the

transition to a low carbon economy and emerging renewable technologies” and that

the Government will “take appropriate action to support the development of CCS

technology” (paragraphs 2.19, 4.9.2/3). The point is reinforced that “The

development and employment of technologies such as carbon capture and storage

(CCS) are likely to have a significant….impact in years to come” (EMOR 2008 6.1.1);

the point is equally applicable to all forms of carbon based generating capacity,

especially those where the output is greater that 300MW.

5.2.7 EMOR refers to the “modelled development of the capacity mix under one scenario,

in which the Government targets a 32% share of electricity demand to be met from

renewable sources by 2020 by extending the current Renewables Obligation”

(paragraph 4.6.17). This scenario is the central case used for illustration in the

55

consultation document, on which it says no decision has been taken. It suggests that

on this basis the UK will “need investment in some 47 GW of new capacity by 2020,

about 57% of current total capacity and an average annual deployment for new

capacity of roughly 4GW”, which represents a significant challenge (see Chart 4.7

and paragraph 4.6.16/18).

Chart 4.7: Development of the UK total (including existing) electricity generating

capacity, under a policy environment designed to deliver 32% of the UK’s electricity

from renewable sources by 2020 through extension of Renewables Obligations

5.2.8 Chart 4.7 shows that, in the scenario whereby the Government targets a 32% share

of electricity demand to be met from renewable sources by 2020, gas fired generation

has a significant role to play in meeting the need for new power generating plant.

This reflects gas plant being able to contribute towards lowering carbon emissions

and the transition to a low carbon economy as it is highly efficient, yet still has

flexibility to enable it to be “turned up or down” in response to variations in demand

from consumers and, unlike wind generation, in all weather conditions (EMOR 4.6.3).

56

5.2.9 CCGTs can be built within around 30-36 months. This relatively short period is a key

consideration given the significant new generating requirement needed as highlighted

above and that for the most part development of gas fired generating plants has not

produced the level of public opposition associated with some forms of energy

generation, enabling quicker delivery. As noted in EMOR (4.6.18), the deployment

rate needed to meet the projected new build requirement of 47GW is around 4GW

per annum – a rate which has only been achieved in three of the last c40 years.

5.2.10 It is noted in the Executive Summary that (Section 2):

- there are substantial challenges in ensuring delivery of the new generating

capacity if security of supply is to be maintained at present levels

- as coal fired plant closes by 2016 “there will be a requirement for replacement

capacity”

- in the longer term, the move to a low-carbon economy will require substantial

investment in renewables and appropriate back up capacity to deal with

intermittency

- there is a need for new nuclear plant to be included in the mix of energy

generation

- there is a role for CCS in the context of fossil fuel generation

- the delivery of new generation plant and potential upside to electricity demand

will also lead to a need for expansion and strengthening of the transmission

network

The conclusion to be drawn (EMOR 2008 2.8), is that there is an ongoing need to

facilitate investment in additional generating capacity, in which CCS will play an

important role, and that such investment is recognised as contributing to the

achievement of Government’s energy objectives.

Sustainable Development Report

5.2.11 Ofgem’s “Sustainable Development Report” November 2007 notes that while the

country is likely to meet its present greenhouse gas (GHG) emissions targets of

12.5% below base year (1990) levels by 2008-2012 under the Kyoto Protocol, “This

57

has been largely driven by the switching from coal to gas fired electricity production

over this period”, which is a reminder of the positive role that has been played by

investment in CCGT and other gas fired generating plant (OSDR 2007 3.1).

5.2.12 The subsequent Ofgem Sustainable Development Report December 2008 (OSDR

2008) re-affirms the Government’s commitment to facilitating transition to a low

carbon economy and to delivering long term secure energy supplies (OSDR

2008 1.7). At the same time, it points to the fact that in the UK “companies will need

to make substantial new investment in power stations, the electricity grid and gas

infrastructure” (OSDR 2008 1.8).

5.2.13 Provisional estimates indicate that the UK’s gas and electricity related GHG

emissions fell by around 4% in 2007 from 2006 and “are currently around 13% lower

than in 1990”, compared with the UK’s Kyoto commitment to reduce GHG emissions

at 2012 by 12.5% and to achieve a new domestic target reduction of at least 26% by

2020 (OSDR 2008 2.2, Figure 2). The reduction in CO2 emissions, referred to above,

can be partly explained by “generators fuel switching to less carbon intensive fuels”,

coinciding with an increase in gas fired generation (OSDR 2008 2.3, Figure 3). Over

the same period total renewable generation increased to 6% of sales in 2007, up from

5.5% in 2006 (OSDR 2008 2.13 Figure 5).

5.2.14 On the matter of CHP, it is noted that between 2006-2007, there was a slight

decrease in the combined installed electricity capacity, meaning that CHP still

remains significantly below Government’s 2001 target (OSDR 2008 2.26, 2.27,

Figure 9). DECC/ DCLG’s “Heat and Energy Saving Strategy Consultation” (February

2009) also points out that large scale CHP and alternative large power stations and

large industrial boilers, all fall within EU Emissions Trading System (EUETS),

enabling investors to benefit where carbon savings are achieved, such as through the

use of waste heat.

5.2.15 UK gas supply capacity and annual demand OSDR 2008 Figure 24, indicates that

while in recent years there has been a higher level of dependence on imported gas,

“the risks of gas import dependency are being mitigated by an increase in gas

storage capacity and a diversity of import options” (OSDR 2008 5.17). It refers to a

major new supply of gas having come on line in 2007 with the opening of the

Langeled pipeline from the Ormen Langeled field off Norway, and LNG facilities

having been commissioned at Teesside and Isle of Grain. There are also other gas

storage projects, approved and pending which will contribute to storage that will

improve both the management of gas supplies and address short term security of

supply concerns in the UK.

58

5.2.16 It is also pointed out in the OSDR 2008 that CCS “will be an important technology for

the shift to low carbon, particularly given the ongoing and important role gas and coal

has in UK electricity generation in the foreseeable future” (OSDR 2008 5.26), which

also reflects EMOR’s conclusions referred to earlier. For further information on CCR,

refer to Sections 3.5.1-3.5.2 and 4.2.10-4.2.11.

59

6.0 DEVELOPMENT PLAN

6.1 Summary

6.1.1 The Planning and Compulsory Purchase Act 2004 (PCPA) introduced powers to give

effect to the Government’s policy on the reform of the planning system, including a

requirement for a regional spatial strategy (RSS) for each region in England. The

PCPA also provides for the preparation of local development documents (LDDs) by

LPAs to replace local plans, unitary development plans and structure plans; until the

relevant LDDs are approved, the former plans may be “saved”. LDDs will be

specified in a LPA’s local development scheme; when approved, the LDDs will set out

policies for the development and use of land, having regard, amongst other things, to

the Government’s national policies, the relevant RSS, the LPA’s statement of

community involvement, other adopted LDDs and an appraisal of the sustainability of

the proposals and a report of the findings.

6.1.2 Section 38(3) of the PCPA stipulates that in England, for any area other than Greater

London, the development plan is:

(a) “the regional spatial strategy for the region in which the area is situated; and

(b) the development plan documents (taken as a whole) which have been adopted

or approved in relation to that area”.

PPS1 (Delivering Sustainable Development) states that “Where the development plan

contains relevant policies, applications for planning permission should be determined

in line with the plan unless material considerations indicate otherwise” (paragraph 8);

clearly Government energy policy is an important material consideration.

6.1.3 The development plan documents relevant to this Application are:

- East Midlands Regional Plan 2009 (EMRP)

- South Holland Local Plan (2006) (SHLP).

In the following Sections 6.2 and 6.3, policies have been grouped to reflect the

approach to topics in the respective development plans and to achieve some

consistency between the policies themselves as set out in Document 10.

60

6.2 East Midlands Regional Plan 2009

Background

6.2.1 The East Midlands Region (EMR/Region) comprises the counties of Derbyshire,

Leicestershire, Lincolnshire, Northamptonshire, Nottinghamshire and the unitary

authorities of Derby, Leicester, Nottingham and Rutland and the whole of the Peak

District National Park (including those parts beyond Derbyshire). The EMRP (Plan)

was published on 12th March 2009 by the Government Office for the East Midlands; it

replaces RSS8 issued in March 2005 (except for paragraphs 1-70 of Section 6

comprising Part A Milton Keynes and South Midlands Sub-Regional Strategy which

remains extant); it also replaces all policies in adopted structure plans (including the

Lincolnshire Structure Plan) except for the Northamptonshire Structure Plan,

Policy SDA1 which remains extant.

6.2.2 An overview of the Region is that it is both large and diverse with three major cities

(Nottingham, Derby, Leicester) and two growing regional centres (Lincoln and

Northampton) (EMRP 9). The population is increasing faster than the national

average, mainly due to relatively high levels of inward migration (paragraph 10).

Apart from Lincoln, Boston, Grantham and Spalding, the Eastern sub-area is

predominantly rural. A feature of the Region is that it is also strongly influenced by its

proximity to some major urban centres in adjacent regions, including Milton Keynes

and Peterborough to the south, the latter being particularly close to Spalding

(EMRP 11, 14, 16).

6.2.3 The EMRP comprises the Regional Spatial Strategy for the East Midlands for the

period to 2026 under the provisions of the PCPA. The EMR is divided into five Sub-

areas, namely Eastern, Northern, Peak, Southern and Three Cities. The Application

Site is located within the Eastern Sub-area made up of Lincolnshire, Rutland and the

eastern parts of Nottinghamshire and Leicestershire. The EMRP is divided into four

parts; Section 1 Core Strategy, Section 2 Spatial Strategy, Section 3 Topic Based

Priorities and Section 4 Sub-Regional Strategies (the latter is not relevant).

6.2.4 This section follows the sequence of the EMRP in discussing first the Core Strategy

(Policies 1, 2); second the Spatial Strategy concerning the Distribution of New

Development (Policy 3) and Sub-area Priorities (Policies 4, 5, 6); third Topic Based

Priorities concerning the Economy and Regeneration (Policies 18, 19, 20, 25),

Regional Priorities for Natural and Cultural Resources (Policies 26, 27, 28, 29, 30, 31,

32, 33, 34, 35, 36, 38, 39, 40, 41) and Regional Transport Strategy (Policies 43 44,

45, 46, 48, 49).

61

Section 1: Core Strategy

6.2.5 This sub-section addresses the regional vision, the spatial objectives of the integrated

regional strategy (IRS) and the regional core objectives.

6.2.6 The EMRP has been developed within the overall vision set by the East Midlands

Regional Assembly’s (EMRA) IRS, namely that “The East Midlands will be recognised

as a Region with a high quality of life and strong healthy, sustainable communities

that thrives because of its vibrant economy, rich cultural and environmental diversity

and the way it creatively addresses social inequalities, manages its resources and

contributes to a safer more inclusive society. In the next two decades development

should be concentrated on the region’s major urban areas, in ways that allow cities

and towns to work together for mutual benefit while retaining their distinctive identity”

(EMRP 1.1.4). It is planned that the overarching vision will be achieved by integrating

a competitive economy, with higher skills, strengthened communities, a high quality

natural and built environment, more efficient use of land, resources and infrastructure,

a requirement for less travel and more sustainable forms of design and construction.

6.2.7 The spatial objectives of the IRS are (EMRP 1.2.1):

- “to ensure that the location of development makes efficient use of existing

physical infrastructure and helps to reduce the need to travel

- to promote and ensure high standards of sustainable design and construction,

optimising the use of previously developed land and buildings

- to minimise waste and to increase the re-use and recycling of waste materials;

and

- to improve accessibility to jobs and services by increasing the use of public

transport, cycling and walking, and reducing traffic growth and congestion”.

These objectives have been used to inform the development of the sustainability

appraisal, as well as the regional economic strategy (RES) with its three main themes

of raising productivity, ensuring sustainability and achieving equality (EMRP 1.2.2).

6.2.8 Climate change is identified as being the most significant issue for the future of the

Region, cutting across all land use sectors and affecting the environment, economy

and quality of life, in particular the core objectives in Policy 1 and Policies 2 – design;

62

29 – biodiversity; 30 – woodland cover; 32 – water resources; 34 – Lincolnshire

Coast; 35 – flood risk; 39/40 – energy; 43-56 – transport (EMRP 1.2.3).

6.2.9 To secure the delivery of sustainable development within the East Midlands, Policy 1

(Regional Core Objectives) sets out eleven core objectives which strategies, plans

and programmes having a spatial impact should meet; these are summarised below.

(a) To ensure that the existing housing stock and new affordable and market

housing address need and extend choice in all communities in the region.

(b) To reduce social exclusion.

(c) To protect and enhance the environmental quality of urban and rural

settlements.

(d) To improve the health and mental, physical and spiritual well being of the

Region’s residents (includes affordable warmth).

(e) To improve economic prosperity, employment opportunities and regional

competitiveness.

(f) To improve accessibility to jobs, homes and services.

(g) To protect and enhance the environment.

(h) To achieve a “step change” increase in the level of the Region’s biodiversity.

(i) To reduce the causes of climate change by minimising emissions of CO2

(includes maximising resource efficiency, making best use of existing

infrastructure, promoting sustainable design and construction).

(j) To reduce the impacts of climate change.

(k) To minimise adverse environmental impacts of new development and promote

optimum social and economic benefits.

The application of these objectives is relevant to opportunities for regeneration

through economic investment, employment creation, competitiveness, prudent use of

resources and infrastructure, consideration of climate change and enhancement of

urban and natural environments to achieve high standards of development.

63

6.2.10 As a principle, all new development is expected to aspire to the highest standards of

design and construction. Particularly important factors include adaptability to climate

change, improving resource efficiency and reducing CO2 emissions, for which

purpose, sustainable design and construction guidance is relevant, including that

which is published by EMRA http://www.emra.gov.uk (paragraph 1.4.1). In securing a

proportion of energy from decentralised and renewable or low carbon sources, regard

should be had to the Supplement to PPS1 (Planning and Climate Change) (see

paragraph 1.4.2).

6.2.11 Policy 2 (Promoting Better Design) requires continuous improvement in terms of

reducing CO2 emissions and providing resilience to future climate change, taking

account of local natural/historic character, minimising energy use, reducing heat

impact, using sensitive lighting, improving water efficiency, providing for sustainable

drainage (SUDS) and management of flood water, reducing waste/pollution, securing

energy from decentralised/renewable/low carbon energy technologies, incorporating

sustainability sourced/recycled materials, considering building orientation, achieving

the highest viable levels of building sustainability, using land efficiently, considering

location/accessibility to local facilities by walking/cycling/public transport, designing

out crime, safety, making provision for carbon sinks, green infrastructure networks,

open space and enhancement of biodiversity and landscape quality.

Section 2: Spatial Strategy

Distribution of New Development

6.2.12 This sub-section addresses the distribution of new development, the Eastern sub-

area priorities of development generally, the coastal districts and peripherality.

6.2.13 The strategy aims to locate development in “areas which can, most sustainably,

provide good sites for development”, related to the best opportunities for maximising

investment in infrastructure as well as providing access to services, facilities and jobs,

in the adjoining urban areas. Development is to be distributed in a more sustainable

way so that homes, jobs and services are related and maximise accessibility, thereby

supporting the efficient use of resources by:

- reducing the need to travel longer distances

- more efficient use of infrastructure and services

64

- conserving the countryside and high grade agricultural land

- making use of previously developed land

- maximising opportunities for socially excluded persons to benefit from

development (paragraphs 2.1.1, 2.2.1).

6.2.14 Policy 3 (Distribution of New Development) requires development and economic

activity to be concentrated around the Region’s five Principal Urban Areas (PUAs) of

Derby, Leicester, Lincoln, Northampton, Nottingham, while recognising that

“appropriate development of a lesser scale should be located in the Sub-Regional

Centres (SRCs)” which, in the Eastern Sub-area, includes Spalding (also Boston,

Grantham). In assessing the suitability of sites for development, priority should also

be given to making the best use of previously developed land in urban or other

sustainable locations and in applying the policy, regard should be had to

neighbouring PUAs, such as Peterborough. SRCs have a complementary role to

PUAs; they have capacity to support sustainable development, including

opportunities for economic diversification, however “it should not be of a scale and

character that prejudices urban renaissance of the PUAs” (paragraphs 2.2.9.10).

Eastern Sub-area Priorities

6.2.15 The Sub-area comprises the Eastern third of the Region, made up of Lincolnshire and

Rutland, with a “relatively traditional settlement structure comprised of dispersed

towns with predominantly rural hinterlands” (paragraph 2.4.3). Lincoln is the only

PUA within the Sub-area, to the south Peterborough, performs a similar role.

Spalding (also Boston, Grantham) is named as one of the SRCs which can

complement the larger centres; all three SRCs are seen to “require some

consolidation and strengthening” (paragraphs 2.4.3/4). The Sub-area contains the

Region’s only coastal margin, much of which is recognised as being of international

importance for nature conservation (paragraph 2.4.11). Large parts of the Sub-area

are within the indicative flood plain, mainly in relation to fluvial flooding

(paragraph 2.4.13).

6.2.16 Policy 4 (Development in the Eastern Sub-area) requires that development should

significantly strengthen the role of Lincoln, maintain and enhance Main and Small

Towns and consolidate and, where appropriate, strengthen the other SRCs (includes

Spalding), also to strengthen the role of the food production and distribution industry

and protect and enhance the natural and historic environment of the coastal margin.

The EMRP notes the increased risk of future flooding both from the sea and river,

65

resulting from climate change and the need for a coastal strategy for the three coastal

Districts (including South Holland) (paragraph 2.4.14).

6.2.17 Policy 5 (Strategy for Lincolnshire Coastal Districts) requires that a strategy should be

agreed between EMRA, the three coastal Districts, LCC, EA and others, to consider

flood risk and defence works, regeneration needs (including social and economic

factors), infrastructure and funding and the protection of designated sites.

6.2.18 The part of the sub-area to the east of the A15 which includes Spalding is recognised

as being restricted by its peripherality and relative inaccessibility, where transport

needs should be addressed, if the area is not to decline (paragraph 2.4.18). Policy 6

(Overcoming Peripherality in the Eastern Sub-area) seeks to address this

peripherality and lack of accessibility which is likely to require a predominantly road

based approach to infrastructure, telecommunications and multi-modal improvements

within and beyond the Sub-area.

Section 3: Topic Based Priorities

Regional Priorities for the Economy and Regeneration

6.2.19 This sub-section addresses the regional priorities for the economy and regeneration

particularly with regard to the Eastern Sub-area, employment land and

information/communications technology. It then considers the natural and cultural

resources including heritage, green infrastructure, biodiversity, woodland, landscape,

water management (including resources, and quality), river corridors, flood risk, air

quality, waste reduction, energy reduction, low carbon energy, culture, sport,

recreation and transport.

6.2.20 The East Midlands Development Agency (EMDA) in its Regional Economic Strategy

(RES) reports that although the Region is performing relatively well, some structural

weaknesses need to be overcome, in particular:

- low pay-low skill necessitates upskilling and development of a “knowledge

intensive” economy;

- development of the service sector, high value added manufacturing and

creation of innovative businesses

- significant disparities occur in earnings and wealth

66

- urban areas not achieving full potential

- changing age structure could constrain the supply of skills and labour in some

areas.

Policy 18 (Regional Priorities for the Economy) requires all authorities to encourage

and foster the regional economy through implementing the RES, raising skill levels,

developing the service sector and high value manufacturing and creating innovative

businesses.

6.2.21 Economic, social and environmental regeneration is a key priority for the Region; it

should be compatible with the RES objectives and the spatial strategy and Policy 5

regarding the Lincolnshire Coast. Policy 19 (Regional Priorities for Regeneration)

wants regeneration activity “focused on areas of greatest identified needs”; South

Holland is one of several “economically rural areas”. Regeneration areas must

conform to the strategy of urban concentration as set out in Policy 3.

6.2.22 On the matter of regional priorities for employment land, studies commissioned by

EMDA have found that at a general level over the next 10-15 years “there will be a

significant decline in demand for industrial floorspace” and an increased demand for

office space, such that it is estimated that demand for land for Classes B1, B2 will be

broadly static, although the pattern is also more dynamic than the general level

indicates. Accordingly, local authorities should recognise that the quality and location

of land designations may not always be consistent with demand or sustainability

principles (EMRP 3.2.5/6).

6.2.23 On the matter of the quality of employment land supply, research has indicated there

are some significant sub-area variations, such that in the Eastern Sub-area, where

low land values and local constraints could require selective public intervention to

ensure an adequate supply of serviced land. Policy 20 (Regional Priorities for

Employment Land) requires up to date employment land reviews to inform the

allocation of a range of sites at sustainable locations. These allocations should be

responsive to market needs, encourage the development of priority sectors identified

in the RES as well as sectors which have local economic significance, improve

regeneration, accommodate high technology and knowledge based industries,

promote diversification of the rural economy, assist development of sites in Priority

Areas and be of an appropriate scale.

6.2.24 Information and Communications Technology (ICT) has been identified by the RES

as critical to promoting regional competitiveness in the East Midlands. Policy 25

67

(Regional Priorities for ICT) encourages improvement of existing broadband

infrastructure, promotes take up and use of ICT by businesses and wants ICT

provision to be built into new development at an early stage in the design process.

Regional Priorities for Natural and Cultural Resources

6.2.25 A guiding principle of sustainable development is “living within environment limits”;

but “understandably the Region has a finite environmental capacity” to accommodate

increased development (EMRP 3.3.1). Two challenges facing the Region are that

the area of statutory sites important for biodiversity is well below the national level,

therefore habitat restoration and creation targets need to be proportionally higher

than in other regions and second, that the consequences of climate change are

accentuated by 20% of the Region being low lying and the fragile and fragmented

biodiversity (EMRP 3.3.2). The soil of the Region is identified a valuable resource

(First Soil Action Plan for England 2004), with a significant percentage of land

designated Grade I, especially in southern Lincolnshire (EMRP 4.3.3). The presence

of such land is to be taken into account so that, where significant development is

unavoidable, poorer quality land should be used in preference.

6.2.26 Policy 26 (Protecting and Enhancing the Region’s Natural and Cultural Heritage)

requires the “protection, appropriate management and enhancement of the Region’s

natural and cultural heritage”; it gives the highest level of protection to international

and nationally designated natural and cultural assets. Damage to other assets should

be avoided but unavoidable damage must be minimised and clearly justified and,

where unavoidable damage cannot be mitigated, it should be compensated for locally

and where possible in ways which also contribute to social and economic objectives.

There should be a net increase of natural and historic assets in ways that promote

adaptation to climate change and the best and most versatile agricultural land should

be protected.

6.2.27 Policy 27 (Regional Priorities for the Historic Environment) requires that the historic

environment should be understood conserved and enhanced, in recognition of its own

intrinsic value, and its contribution to the Region’s quality of life.

6.2.28 Environmental infrastructure consists of physical features and natural resources of

the environment (water, air, energy, minerals, soil). The capacity of these resources

should not be exceeded, in terms of quality or quantity and must be managed

sustainably to continue to meet future needs of society, taking into account the

impacts of climate change (EMRP 3.3.10). Policy 28 (Regional Priorities for

Environmental and Green Infrastructure) seeks to ensure the delivery, protection and

68

enhancement of Environmental Infrastructure across the Region and should

contribute to a high quality natural and built environment. The Policy sets out how

this should be achieved, including that the provision and design of new environmental

infrastructure is considered and its delivery planned through environmental capacity

analysis at the same time as other infrastructure requirements.

6.2.29 In considering regional priorities for biodiversity, attention is drawn to the existence of

a number of sites of international importance, including The Wash and other sites of

regional/local importance. It is noted that the surface covered by legal designations

for nature conservation/geological sites (2%) is much lower than the national average

(7.5%) and that the Region has probably lost more wildlife than any other

(EMRP 3.3.15). Diagram 6 identifies the area of The Wash as a Biodiversity

Conservation Area (BCA) and The Fens as a Biodiversity Enhancement Area (BEA).

Policy 29 (Priorities for Enhancing the Region’s Biodiversity) wants all parties to work

together “to deliver a major step change increase in the level of the biodiversity”. This

is to be achieved by adhering to the UK Biodiversity Action Plan (BAP) targets

(Appendix 3), establishing large scale habitat creation projects in the BCAs and BEAs

(Diagram 6), promoting the re-creation of key wildlife habitats in each natural area,

establishing semi-natural green spaces in urban areas, managing features which act

as corridors and “stepping stones” for wildlife and developing/implementing

mechanisms to ensure there is no net loss of BAPs or habitats/species and that a net

biodiversity gain is achieved.

6.2.30 Policy 31 (Priorities for the Management and Enhancement of the Region’s

Landscape) requires that the highest level of protection should be given to the

Region’s nationally designated landscapes and that initiatives to protect and enhance

other natural and heritage landscape assets should be promoted. Criteria–based

policies in LDF’s should ensure that development proposals respect intrinsic

landscape character in rural and urban fringe areas, including recognition of the value

of tranquillity and dark skies. Landscape Character Assessments should inform the

preparation of LDF’s.

6.2.31 The national context for water management is influenced by the predicted impact of

climate change, which may alter seasonal rainfall patterns and, therefore require

more storage and/or abstraction. To minimise the impact of development on the

water environment, water issues should be addressed in planning development,

along with measures such as water efficiency and use of rainwater and “grey water”

(EMRP 3.3.25-3.3.35). Policy 32 (A Regional Approach to Water Resources and

Water Quality) outlines issues to be addressed, including forward planning for

development, provision of infrastructure, reducing unsustainable abstraction,

69

protecting and improving water quality and reducing the risk of pollution especially to

vulnerable groundwater, protecting the integrity of nature conservation sites

designated as being of international importance, making provision for the

development of new water resources, use of SUDS, support for water conservation

measures such as winter storage reservoirs and ensuring that sewage treatment

capacity is sufficient to meet the needs of development.

6.2.32 River environments are seen as an important resource for wildlife habitat and can be

important in terms of archaeology. They afford opportunities to restore and enhance

lost habitats, provide a focus for green infrastructure and promote the enhancement

of strategic river corridors to link BAP habitats, assist with improving biodiversity and

promoting river floodplain management that will contribute to urban renaissance

(EMRP 3.3.36). Policy 33 (Regional Priorities for Strategic River Corridors) requires

plans to protect and enhance strategic river corridors including the River Welland and

Vernatts Drain, by a co-ordinated approach to maintain multi-functional importance

for wildlife, landscape, townscape, regeneration, economic diversification, education,

recreation, the historic environment (including archaeology) and managing flood risk.

6.2.33 Policy 34 (Priorities for the Management of the Lincolnshire Coast) promotes the

development of a coastal zone management plan; any development requiring a

coastal location should be sited primarily in urban areas and in a way that protects

the natural and cultural heritage.

6.2.34 EMRA commissioned an East Midlands Regional Flood Risk Appraisal to inform the

EMRP, similarly LPAs should carry out detailed SFRAs when preparing LDFs. LPAs

should take account of PPS25, including the application of a sequential approach

and, where appropriate, the exception test. Consideration should also be given to

reducing surface water runoff through SUDS and the incorporation of flood mitigation

measures into design (EMRP 3.3.38-3.3.44). Policy 35 (A Regional Approach to

Managing Flood Risk) requires consideration of the potential impact of climate

change on flooding and land drainage; in particular to be informed by SFRAs to

evaluate flood risk, the prevention of inappropriate development, delivering a

programme of flood management schemes that also maximise biodiversity and

requiring sustainable drainage in all new development, where practicable. The policy

outlines when development would not be acceptable, however such development

may be acceptable where appropriate mitigation measures are possible.

6.2.35 Within the Region, there are issues concerning air quality in some urban centres and

along major transport routes in terms of pollution impacts on three sites of European

Importance (towards the west side of the Region). Policy 36 (Regional Priorities for

70

Air Quality) states that LDF’s and other strategies of relevant bodies should contribute

to reducing air pollution, consider the potential effects of new development on air

quality, especially on internationally designated nature conservation sites and adopt

mitigation measures to address these impacts.

6.2.36 There is a comprehensive hierarchical approach to waste management, requiring

waste reduction, re-use, recycling and composting, energy recovery and disposal.

Policy 38 (Regional Priorities for Waste Management) requires implementation of the

Regional Waste Strategy to achieve zero growth in all forms of controlled waste by

2016 and waste being treated higher up the waste hierarchy. Development

frameworks should provide for minimisation of waste in the construction of and

operation of new development, and encourage on-site waste management facilities.

6.2.37 In the delivery of national energy policy, it is stated that Government has “recognised

that the two major long term energy challenges are tackling climate change and

delivering secure energy at an affordable price” (EMRP 3.3.74). Regional policies on

energy are underpinned by the hierarchy of reducing the need for energy, using

energy more efficiently and using renewable energy, while any continuing use of

fossil fuels is to be clean and efficient for heating and co-generation. Reference is

made to the Regional Energy Consumption Baseline Study indicating that electricity

consumption has been increasing in the Region. To ensure that the Region can

make its contribution to proposed carbon emission reduction targets, it is proposed

that areas of new development should be located where there is good accessibility by

means other than the private car and where energy can be gained from decentralised

energy supply systems, or where there is clear potential for this to be realised

(EMRP 3.3.78/79). Correspondingly, Policy 39 (Regional Priorities for Energy

Reduction and Efficiency) promotes “a reduction of energy usage in line with the

energy hierarchy” and policies and proposals “to secure a reduction in the need for

energy, through the location of development, site layout and building design.”

6.2.38 Parts of the East Midlands, notably the Trent Valley, are considered to have

locational advantages for major energy installations because of easy access to the

electricity grid, cooling water and fossil fuel supplies. Some former power station and

colliery sites may be considered suitable for re-use for new forms of power generation

such as clean coal technology; it is also suggested that there is potential for co-firing

(EMRP 3.3.82). The Plan suggests that in the Region, suitable locations for large

scale CHP are likely to be in urban areas with new development (EMRP 3.3.83).

Policy 40 (Regional Priorities for Low Carbon Energy Generation) promotes the

development of CHP and district heating infrastructure necessary to achieve the

regional target of 511 MWe by 2010 and 1120 MWe by 2020, along with the

71

development of a distributed energy network using local low carbon and renewable

resources. In order to meet national targets, low carbon energy proposals in locations

where environmental, economic and social impacts can be addressed satisfactorily

are to be supported and the policy outlines how LPAs should do this; it also considers

onshore wind energy and other forms of renewable energy. In establishing criteria for

new forms of renewable energy, LPAs should consider proximity to the renewable

energy resources, the relationship with the natural and built environment, the

availability of surplus industrial land close to transport and the benefits of grid and

non grid connected infrastructure.

6.2.39 Culture is described as “an inclusive concept embracing a wide range of activities”,

spanning the public, private and voluntary and community sectors (EMRP 3.3.96).

Policy 41 (Regional Priorities for Culture, Sport and Recreation) seeks the

development of ‘cultural infrastructure plans’ which should specify among other things

the key elements of cultural provision, including assets needing refurbishment,

relocation of facilities and new provision. Where appropriate, there should be joint

working across administrative borders to ensure that identified need is met in the

most effective manner. Spatial planning wants to create a flexible and forward

looking pattern of cultural facilities which is “designed to be inclusive and accessible

to all sectors of the community; located to maximise access by a variety of modes of

transport and shaped by community involvement and partnership working”

(EMRP 3.3.98).

Regional Transport Strategy (RTS)

6.2.40 The core strategy of the RTS focuses on encouraging the development of sustainable

travel patterns through “reducing the need to travel, especially by car, and managing

traffic growth and congestion; significantly improving opportunities for walking and

cycling; promoting a step change improvement to the reliability, capacity, quality,

accessibility and coverage of the public transport network; making better use of

existing transport networks through better management; and only developing

additional highway capacity when all other measures have been considered”

(EMRP 3.4.6). The RTS policies are designed to encourage a modal shift away from

the car to more sustainable forms of transport. Measures to assist this include:

- workplace travel plans

- personalised travel planning, travel awareness campaigns,

- public transport information and marketing

72

- car clubs and car sharing schemes

- teleworking and teleconferencing schemes (EMRP 3.4.6/7).

These measures can be of general application to construction and development.

6.2.41 Policy 43 (Regional Transport Objectives) sets objectives which transport

infrastructure and services across the Region should be consistent with, including,

supporting sustainable development in the Region’s Principal Urban Areas, growth

Towns and Sub-Regional Centres, promoting accessibility and overcoming

peripherality, supporting regeneration priorities, improving safety and reducing

congestion, reducing traffic growth and improving air quality and reducing carbon

emissions by encouraging a modal shift away from the private car.

6.2.42 Policy 44 (Sub-area Transport Objectives) sets objectives for each of the five Sub-

areas and for the Eastern Sub-area. They are to develop transport infrastructure to

support Lincoln’s role as one of the Region’s five Principal Urban Areas, develop

opportunities for modal switch away from road based transport in the food and drink

sector, make better use of the opportunities of existing ports, improve public transport

accessibility to the coast, reduce peripherality especially east of the A15 and to

reduce the number of fatal and serious traffic accidents.

6.2.43 The Government’s primary aim is to reduce congestion on inter-urban routes and in

main urban areas in order to improve competitiveness. Policy 45 (Regional Approach

to Traffic Growth Reduction) seeks to achieve a progressive reduction over time in

the rate of growth in the Region and to support delivery of the national PSA

congestion target. The policy lists measures which should be promoted to achieve

this target.

6.2.44 Policy 46 (A Regional Approach to Behavioural Change) outlines measures to

encourage behavioural change including the formulation of travel plans, quality public

transport partnerships, travel awareness programmes, education, and pilot

programmes to promote new innovations. Walking and cycling should be promoted

by providing safe routes, convenient access to buildings and sufficient cycling parking

in new developments.

6.2.45 Policy 48 (Regional Car Parking Standards) states that Local Authorities should apply

no more than the maximum amounts of vehicle parking for new development as set

out in PPG13 (except in exceptional circumstances) and that more challenging

73

standards should be applied to the Region’s Principal Urban Areas, Growth Towns

and environmentally sensitive rural areas. The policy advocates more challenging

standards based on emerging public transport accessibility.

6.2.46 Policy 49 (A Regional Approach to Improving Public Transport Accessibility)

promotes public transport accessibility by using the Regional Public Transport

Network outlined in Diagram 7 in order to inform public transport investment

decisions, strategic development decisions and to promote and market the use of

public transport generally.

6.3 South Holland Local Plan (2006)

Background

6.3.1 The SHLP was adopted by the Council on 18.7.06; it provides a comprehensive

statement of planning policies for the development and use of land until 2021. It is

stated in the SHLP that when it was adopted, the Lincolnshire Structure Plan 1981

together with its Alteration No. 1 1990 and Alteration No. 2 1994 were extant together

with The Regional Spatial Strategy for the East Midlands (2005), (RSS 2008). The

SHLP notes that the adoption of the replacement structure plan was imminent and

that the Council had regard to emerging documents where possible in preparing the

Local Plan (SHLP 1.14). At a Cabinet meeting of 13.1.09, members approved a

resolution to make a request to the Secretary of State that she direct that certain

policies in the SHLP be saved after the expiry of 3 years from the SHLP adoption.

The minutes of that meeting were ratified by Cabinet at its meeting on 24.2.09. In this

section only, relevant policies that the Council wishes to save are discussed.

6.3.2 The remainder of Section 6.3 provides first, an overview of the area, its objectives

and priorities, second it refers to the core strategic and general policies, third to

policies concerning the economy, fourth to the environment, fifth to leisure and

recreation and, finally, to transport and communications (although its relevance to this

Application is limited).

The Area, Objectives, Priorities

6.3.3 The SHLP describes South Holland as an almost exclusively rural part of Lincolnshire

with Spalding as the largest settlement and the focus of administration, supported by

the market towns of Holbeach, Long Sutton and Crowland and Sutton Bridge which

developed as a port. Land reclamation over many centuries has produced a flat

landscape of arable land, interspersed by raised banks and corridors of

74

watercourses, sea defences and roads. The area is stated to be of national

agricultural significance, with 80% of the land being Grade 1, that has produced an

economy which is dependent on food processing, distribution industries and

agriculture. Historically unemployment has been low and the area has attracted

importation of labour but the SHLP says there is “a consensus of feeling that

economic diversification is required ….” (SHLP 2.1). It is stated that the agricultural

sector makes a significant contribution to Lincolnshire’s gross domestic product and,

that as a distribution centre of food produce, the District is also of national

significance (SHLP 2.2). While overall employment figures are high, workers have in

the past sometimes travelled long distances; more recently, much of the District’s

labour needs have been met by foreign workers resident in South Holland

(SHLP 2.3).

6.3.4 The Plan refers to recent strengthening of the economy through investment in

industrial, office and warehousing provision; it refers to two major business areas,

Spalding Enterprise Park and Wingland Enterprise Park (SHLP 2.4). It is stated that

investment in road infrastructure, new development and environmental improvements

have helped to enforce Spalding’s status as a district centre, although poor transport

connections in the East Midlands as a whole deter further major investment in the

District (SHLP 2.9).

6.3.5 Parts of the District are noted to be of significant importance as wildlife habitats. The

Wash which is designated as a Site of Special Scientific Interest (SSSI), a Ramsar

site, a Special Protection Area (SPA), a Special Area of Conservation (SAC), a site of

Community Importance and a European Marine Site. Surfleet Lows and Cowbit

Wash are designated as SSSIs; Vernatts local nature reserve has turned previously

derelict land into valued habitats; the rivers in the District are essential both for

drainage and for wildlife (SHLP 2.12). Much of the area is close to sea level making

the District vulnerable to climate change and extreme weather. Historically Cowbit

and Crowland Washes were flooded each winter to protect Spalding but, since the

construction of the Coronation Channel, this is no longer required (SHLP 2.13).

6.3.6 The SHLP refers to a 23% growth in the District’s population between 1981-2001 and

predicts ongoing population growth in the period to 2010 (SHLP 2.19). The Council’s

Annual Monitoring report 2007/8 indicates that the population of South Holland

increased from 76,522 persons in 2001 to 82,600 persons in 2007, an increase of

7.9%, a little higher than Lincolnshire and about twice the level for England and

Wales. The 2001 population of Spalding was 22,932 persons; the estimate for 2008

of 26,612 persons, in part, a reflection of housing completions.

75

6.3.7 A selection of the sixteen objectives of the SHLP are included below. The order in

which they are set out should not be taken as an indication of the priority to be

afforded to them (SHLP 2.39):

(1) safeguard and enhance the quality and amenity of the built environment and

the District’s cultural heritage

(2) safeguard, enhance and extend the amenity, wildlife and landscape quality of

the District

(3) conserve and enhance the water environment and to protect inland and ground

waters from pollution and derogation and to minimise the risk of flooding

(4) protect the countryside as a natural resource

(11) facilitate the use of public transport, cycling, walking and railfreight and to

reduce reliance on the private car, particularly in towns

(12) locate new development to maximise accessibility to jobs, services and cultural

activity and to reduce the need for travel

(14) maximise returns from existing investment and infrastructure

(15) make the most beneficial use of existing built up areas and, particularly, to

promote the development of unused, underused or derelict land, the reuse of

buildings and the better use of underused buildings

(16) promote the development of renewable energy schemes and energy

conservation measures.

Note: the objectives above have been selected as the most relevant.

6.3.8 The following have emerged as particular priorities and are addressed in relevant

policies (SHLP 2.40):

- achieving a sustainable distribution of new development

- improving the economic output of the District

- meeting accommodation needs especially though more affordable housing

provision

76

- seeking provision of services/facilities in step with housing and employment

growth

- widening the range of services/facilities available and improving accessibility to

them

- achieving a high quality built environment

- safeguarding the amenities of the District

- contributing to the better use of valuable resources including land and energy

- safeguarding and enhancing the natural environment and reversing the decline

in biodiversity.

Core Strategic and General Policies

6.3.9 In taking account of advice in PPS1, the SHLP seeks to manage demands for land by

concentrating most new development in the towns, ensuring “full and effective use of

unused, underused or derelict land and buildings within defined settlement limits”,

thereby preventing urban sprawl, maintaining the quality of the countryside,

minimising the loss of the best and most versatile agricultural land and minimising the

need the travel (SHLP 3.4). In dealing with derelict land it is acknowledged that some

sites can support a wide range of flora and fauna and, correspondingly, that this could

necessitate habitat creation as part of the development proposal which will contribute

to wider biodiversity (SHLP 3.7).

6.3.10 At the strategic level, a number of policies are relevant including SG1, SG2, SG3,

SG4, SG6, SG7, SG11, SG12, SG13, SG14, SG15, SG16, SG17, SG18, EC1, EC3,

EN1A, LT2, LT3 and TC2. These are grouped so that the section considers

sustainability, locational considerations of land for development; community

infrastructure; energy efficiency, drainage, sewerage, pollution and contamination;

design and layout; access and parking, amenity, landscaping, employment, natural

environment, renewable energy, leisure/recreation/tourism and transport.

77

Sustainable Development

6.3.11 Policy SG1 (General Sustainable Development) advises that development should be

consistent with the principles of sustainable development; it should leave the quality

of life for residents unimpaired or enhanced; reasonable measures should be taken to

conserve energy and natural resources and development should not damage the

character and main environmental assets of the area.

Locational Considerations

6.3.12 Policy SG2 (Distribution and Development) requires that proposals for development

should adopt a sequential approach, with priority given to previously developed

land/buildings within settlements, then greenfield sites within settlement limits and

finally to land adjacent to settlement limits; make efficient use of land, where possible

served by a choice of transport modes including public transport and should be

acceptable in terms of traffic generation and road safety.

6.3.13 Spalding is identified as the ‘Main Town’ in the District, to which most new housing

will be directed; it is also seen as the focus of social and economic life and

communication routes including the railway. It has major investment in infrastructure

and buildings, it is the location of major sources of employment, with the capacity to

accept growth without unduly detracting from the rural character, also it provides a

distinctive role as a sub-regional hub, for the food processing, agriculture and

horticulture sectors (SHLP 3.21/2). Policy SG3 (Settlement Hierarchy) confirms that

Spalding is the District’s principal urban settlement and that it will be the main location

for new development. Policy SG4 (Development in the Countryside) stipulates that,

in the countryside, planning permission will only be granted for development which is

essential in the proposed location and cannot reasonably be accommodated within

defined settlement limits, also it must be shown that the need for the development

outweighs the impact and that no other solution exists.

Community Infrastructure

6.3.14 LPAs may seek contributions by way of agreement under Section 106 TCPA towards

the provision of infrastructure where it is necessary, relevant to planning, directly

related to the development, fair and reasonable; examples of what may be

appropriate are provided (SHLP 3.45-3.48). Developers should assess the impact

that their proposed development will have on community infrastructure, which they

are invited to discuss with the Council’s Development Control Section (SHLP 3.49).

Policy SG6 (Community Infrastructure and Impact Assessment) requires that

78

proposals for development should demonstrate how public infrastructure and services

will be adequate and, where infrastructure is required, how it will be delivered.

Energy, Drainage, Sewerage, Pollution

6.3.15 The Council has an interest in energy efficiency and the environmental argument for

reducing energy use, fossil fuels and the implications of climate change. Policy SG7

(Energy Efficiency) advises that developments will be encouraged to optimise energy

efficiency through site layout, orientation and by making full practical use of energy

from renewable resources. Developments exceeding 1,000m² will be required to

demonstrate good practice and incorporate renewable energy provision to effect an

energy saving of at least 10%.

6.3.16 Water discharged from development can increase flood risk; this can sometimes be

addressed through SUDS, which may entail roof water cycling and storage, filter

strips, swales and ponds which can also improve amenity and biodiversity

(SHLP 3.68-3.71). Policy SG11 (Sustainable Urban Drainage Systems (SUDS))

advises that development should be designed to include surface water management

system in the design process to mitigate any adverse effects, while other

considerations include long term maintenance and mitigation where necessary to

attenuate adverse effects on people and habitats. Policy SG12 (Sewage and

Development) requires effective provision for the collection, treatment and disposal of

sewage and for development to be served by mains wherever the opportunity exists.

Future occupiers and neighbours of proposed development under Policy SG13

(Pollution and Contamination) should be protected from the harmful effects of

pollution such as noise, light, toxic or offensive odour, airborne pollutants and waste;

there should be appropriate treatment of land to address contamination.

Design and Layout

6.3.17 Policy SG14 (Design and Layout of New Development) requires new development to

make a positive contribution to architectural and visual quality taking into account

local distinctiveness, choice of materials, the pattern of development in the locality,

the relationship to nearby buildings, scale, form and height, detailing, effects on

amenity of nearby residents, planting, biodiversity, access, parking, facilities for

cyclists/pedestrians, disabled persons, sustainable materials and methods of

construction and designing out crime.

79

Access and Parking

6.3.18 Policy SG15 (Facilities for Road Users, Pedestrians and Cyclists), requires

development to provide safe and convenient access to and within sites for vehicles,

cyclists, pedestrians and people with disabilities. New and improved routes should

reflect the anticipated nature of future traffic and the character of the areas to be

served. Policy SG16 (Parking Standards) requires appropriate parking and servicing

to be provided in accordance with the maximum parking standards detailed in SHLP

Appendix 2, which for offices is 1:30 m², general industry 1:65 m², warehousing 1:150

m². Minimum cycle parking for offices/general industry is 1:200 m² and warehousing

1:1000 m² and to be sited in a visible, well signed/lit location and ideally under cover.

Powered two wheeler spaces should be provided at a rate of not less than 1 space:

20 car spaces; parking for disabled persons should be at a rate of not less than 2

spaces or 5% of the total whichever is greater. The precise level of provision will be

determined by negotiation to reflect the proposed use of development and its

potential for access by public transport.

Amenity

6.3.19 Policy SG17 (Protection of Residential Amenity) advises that development should not

cause material harm to residential amenity. Account will be taken of a number of

factors including potential noise nuisance (including that associated with vehicular

activity) and levels of smell, emissions and pollutants. Policy SG18 (Landscaping

and New Development) requires new development, where appropriate, to implement

a landscaping strategy, protecting existing trees/hedgerows, adding appropriate tree

planting of indigenous species and making provision for wildlife habits and

biodiversity.

Economy

6.3.20 The introductory paragraphs of chapter 5 (Economy) of the SHLP propose that the

South Holland Enterprise Park, the Wardentree Lane area of Pinchbeck, land off

West Marsh Road, Spalding and the Wingland Enterprise Park at Sutton Bridge will

be able to accommodate the majority of demand for the development plan period

(SHLP 5.12). It is intended that these major employment locations should be able to

accommodate general industrial development, subject to the possibility of an ES

being required in some cases; the Council will encourage landscaping, while

expecting a high quality of design (SHLP 5.16/17).

80

6.3.21 Policy EC1 (Major Employment Areas) states that it will grant planning permission for

employment uses at Spalding namely of land off Wardentree Lane and Spalding

Road (Pinchbeck) and off West Marsh Road, provided that access and highway

considerations are satisfactory and the amenity of any nearby properties is protected.

6.3.22 Policy EC3 (Existing Employment Areas/Premises) advises that proposals for new

development, redevelopment and changes of use for employment uses within

existing curtilages and / or proposal for the expansion of existing employment

undertakings will be permitted provided they are acceptable in terms of environmental

impact, the level of traffic movement and intrusion into the open countryside.

Exceptionally the development / change of use to non-employment uses will be

permitted where the existing use is unsatisfactory or where the benefit of the

proposed use outweighs the need to retain the existing use.

Environment

6.3.23 “It is an aim of the plan that a diversity of natural environments and landscapes

reflecting the character of the district are protected and enhanced” (paragraph 6.5).

Apart from The Wash, which is a site of international and national importance and two

other nationally designated sites as SSSIs (Surfleet Lows and Cowbit Wash); there

are other sites of local biodiversity interest such as The Vernatts Local Nature

Reserve (LNR) and some sites of local nature conservation importance (SLNCI),

which are of acknowledged value (SHLP 6.6/7). Other areas, although not specially

identified, may be of value for nature conservation, including hedgerows,

drains/ditches, linear tree belts/shelter belts, small woodlands, the coastal margin,

green lanes/roadside verges/railway lines, river corridors, ponds, networks/patterns of

other locally important habitats within which local wildlife can often contribute to the

quality of local environments (SHLP 6.8-6.10). Opportunities should be taken to

maintain and enhance natural biodiversity to meet the objectives of the Lincolnshire

BAP and The Wash Local BAP (paragraph 6.14).

6.3.24 Policy EN1A (Development and Sites of Local Biodiversity Interest) states that

development and proposals which will adversely affect the nature conservation value

of sites of local biodiversity interest as shown on the Proposals Map, will only be

permitted where the value of the proposed development to the community outweighs

the adverse effect on the value of the site for nature conservation and the adverse

impact on the nature conservation value of the site is reduced to the minimum that is

required to allow the development to proceed.

81

Where development is permitted, planning conditions may be imposed and/or

planning obligations sought to ensure the protection and enhancement of the site’s

nature conservation interest and to provide appropriate compensatory measures.

Leisure, Recreation, Tourism

6.3.25 Within the built up area, open spaces “provide a valuable visual amenity, contributing

to the quality of the built environment and to civic pride”. Areas for recreational use

also have this quality as well as providing for the informal and formal recreational

provision. Policy LT2 (Safeguarding Open Space for Sport, Recreation and Leisure)

advises that the loss of parks or playfields will only be permitted, provided that

alternative provision of equal benefit is made in the locality, or there is excess

provision, or such facilities can be retained and enhanced through the redevelopment

of a small part of the site.

6.3.26 Policy LT3 (Recreational Routes, Rights of Way and Disused Railway Lines) seeks

protection, enhancement and extension of rights of way for recreational and nature

conservation purposes; improved access from the built up areas into the countryside

will be given particular attention.

Transport

6.3.27 Policy TC2 (Cycling, Cycleways) requires that development should not prejudice any

element of an existing cycleway.

82

7.0 OTHER MATERIAL CONSIDERATIONS

7.1 Summary

Section 7.2 describes relevant Government planning policy (PPSs, PPGs, Circulars)

which relate mainly to sustainability in land use, climate change and energy,

economic development, biodiversity, restoration of degraded land, aspects of the

environment which can be effected by development, particularly pollution control and

flood risk considerations. Section 7.3 identifies various sources of energy policy

conceived during the last six years which focus on the twin challenges of climate

change and security of energy supply and briefly in Section 7.4 the LPAs and

emerging LDF.

7.2 Government Planning Policy

7.2.1 Government policy in respect of land use is set out in planning policy statements

(PPSs), planning policy guidance (PPGs), Circulars, White Papers and Ministerial

Statements, which are material considerations that should be taken into account

where relevant. Paragraphs 7.2.2-7.2.22 provide summaries of PPSs, PPGs and

Circulars relevant to the proposed SEE, namely PPS1, Supplement to PPS1, PPG4

and Consultation Draft PPS4, PPS9, PPS10, PPS11, PS12, PPG13, PPG14, PPG15,

PPG16, PPS22, PPS23, PPG24, PPS25, Circular 15/97, Circular 5/05, Circular 6/05

and Circular 1/2006.

7.2.2 PPS1 – Delivering Sustainable Development (2005) – addresses the Government’s

objectives for the planning system, the key principles being social cohesion and

inclusion, protection and enhancement of the environment, prudent use of natural

resources, sustainable economic development, integrating sustainable development

in development plans and delivering sustainable development including spatial plans,

design and community involvement. Sustainable economic development

necessitates choice, including that LPAs should recognise that economic

development can deliver environmental and social benefits which may be wider than

local considerations (paragraph 23).

7.2.3 Planning and Climate Change – Supplement to PPS1 (2007) identifies tackling

climate change as a Government priority for the planning system. The delivery of

sustainable development is to be achieved through spatial strategies, that include

contributing to the Government’s Climate Change Programme, providing

infrastructure where it is needed, energy efficiency, reduction in emissions,

minimising vulnerability and providing resilience to climate change consistent with

83

social cohesion/inclusion, conserving and enhancing biodiversity, reflecting

development needs and interests of communities, responding to the concerns of

business and encouraging competitiveness and technological innovation in mitigating

and adapting to climate change (paragraph 9). It is stated that “The UK is on track” to

achieve its Kyoto targets to reduce greenhouse gases (paragraph 4), “carbon dioxide

is the main greenhouse gas in the UK” (definition of “emissions”) and policies should

promote renewable and “low carbon energy” and supporting infrastructure

(paragraph 19). “Low carbon energy” is defined as “waste heat that would otherwise

be generated directly or indirectly from fossil fuel” (Glossary definition of “renewable

and low carbon energy”).

7.2.4 PPG4 – Industrial, Commercial Development and Small Firms (1992) contains advice

on the role of the planning system in relation to industrial and commercial

development and refers to one of the Government’s key aims as being to encourage

continued economic development in a way that is compatible with its environmental

objectives. Re-use of urban land, previously used for industry but now underused or

vacant is to be encouraged (paragraph 21). A positive approach to development

control is encouraged (paragraph 13).

7.2.5 Consultation PPS4 Planning for Sustainable Economic Development (2007) sets out

the role of national planning policy in respect of economic development, among which

“energy production” is included (paragraph 13). National policies are considered

under the topics of positive plan-making for economic development, using evidence

to plan positively, recognising the needs of business, efficient and effective use of

land, securing a high quality and sustainable environment and delivering a positive

approach through development control. The latter requires that “full consideration

should be given to the economic aspects of a planning proposal alongside social and

environmental aspects ….” (paragraph 28) and that, when considering development

proposals, LPAs should “consider proposals favourably unless there is good reason

to believe that the economic, social and/or environmental costs of development are

likely to outweigh the benefits” (paragraph 29). It is pointed out that the re-use of

previously developed land for new development, reduces the amount of countryside

and greenfield land that might otherwise be taken for development (paragraph 14).

7.2.6 PPS9 - Biodiversity and Geological Conservation (2005) - sets out national policies

for the protection of biodiversity and how the conservation of natural heritage is to be

reflected in land use planning, when considering applications for planning permission.

LPAs should maximise opportunities for building in beneficial biodiversity as part of

good design. The most important sites for biodiversity are those identified through

international conventions and European Directives. ODPM Circular 6/2005, DEFRA

84

Circular 01/2005 – Biodiversity and Geological Conservation– Statutory Obligations

and Their Impact Within the Planning System, provides administrative guidance on

the application of the law relating to planning and nature conservation as it applies in

England and compliments the expression of national planning policy in PPS9.

7.2.7 PPS10 - Planning for Sustainable Waste Management (2005) sets out national

policies on different aspects of land use planning in England concerning the

management of waste; its overall objective being “to protect human health and the

environment by producing less waste and by using it as a resource wherever

possible”, including the consideration of waste management in the site

preparation/construction processes. It recommends that proposed new development

should be supported by waste management plans which are encouraged to identify

the volume and type of material to be demolished and/or excavated, opportunities for

the reuse and recovery of materials and to demonstrate how off-site disposal of waste

will be minimised and managed (paragraph 34).

7.2.8 PPS11 - Regional Spatial Strategies (2004) sets out policies to be taken into account

by Regional Planning Bodies in the preparation of revisions to RSSs following

commencement of Part I of the PCPA. Matters to be taken into account include

provision for new housing, priorities for the environment and transport, infrastructure,

economic development (paragraph 1.3). Annex A is a topic-based list of sources to

be taken into account, including, but is not limited to, air quality, biodiversity, climate

change, education, energy, environment, health, soil use, sustainable development,

waste management and Government policy on energy. Under “energy”, the annex

refers to three documents PPS22 (Renewable Energy), Energy White Paper 2003

and the Government’s Strategy for Combined Heat and Power to 2010; the list of

documents referred to is expected to change over time and therefore it is reasonable

to suppose that more recent Government Statements of energy policy are similarly

relevant.

7.2.9 PPS12 - Local Spatial Planning (2008) sets out policies to be taken into account by

LPAs in producing LDDs, Annex B refers to matters which LPAs must consider in the

preparation of development plan documents, including resources, utilities,

infrastructure and climate change.

7.2.10 PPG13 - Transport (2001) describes its objectives as being to co-ordinate land use,

planning and transport, to promote more sustainable transport choices for both

people and movement of freight, promoting accessibility and reducing the need to

travel, especially by car.

85

7.2.11 PPG14 – Development on Unstable Land (1990) encourages the full and effective

use of land in an environmentally acceptable manner and that land which has been

damaged by industrial activities, or which is naturally unstable can often be put to an

appropriate use and thus contribute to the broad objectives for the economic and

efficient use of land and the protection of the environment.

7.2.12 PPG15 - Planning and the Historic Environment (1994) provides guidance in applying

the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 to

policies for the identification and protection of historic buildings, conservation areas

and other historic assets.

7.2.13 PPG16 - Archaeology and Planning (1990) provides guidance in applying the

provisions of the Ancient Monuments and Archaeological Areas Act 1979 and policies

for the identification and protection of archaeological remains and monuments and

sets out a process for informed decision making involving remains affected by

development.

7.2.14 PPS22 - Renewable Energy (2004) refers to the development of alternative forms of

renewable energy which occur naturally and repeatedly in the environment, while

noting that improvements in energy efficiency and the development of CHP will make

a vital contribution to the objective of cutting carbon dioxide emissions.

7.2.15 PPS 23 - Planning and Pollution Control (2004) affirms that quality of land, air, or

water and potential impacts arising from development may be a material planning

consideration. It distinguishes between planning and pollution control as

complementary, in which LPAs will work on the assumption that the relevant pollution

control regimes will be properly applied and enforced (PPS23 10). It adopts the

precautionary principle, that if there is good reason to believe that harmful effects

may occur and there is scientific uncertainty about the consequences or likelihood of

risk, then precautionary action requires assessment of the costs and benefits of

action, and transparency in decision making (PPS 23 6). With regard to land affected

by contamination and the objective to direct development to previously developed

sites, the point is made that “The presence of contamination can affect or restrict the

beneficial use of land, though development can present an opportunity to deal with it”

(paragraphs 16/17).

7.2.16 Annex 1 to PPS 23: Pollution Control, Air and Water Quality on the matter of planning

control and, in particular, need and alternative sites, begins by stating that “Applicants

do not normally have to prove the need for their proposed development, or discuss

the merits of alternative sites. However, the nature of polluting or potentially polluting

86

developments and national or regional need for them, or the location of a proposal in

an environmentally-designated or sensitive area may make the availability, or lack of

availability, of suitable alternative sites material to the planning decision. The

assessment of need and of sustainability issues should take into account a

comprehensive assessment of social, environmental and economic factors. It should

be recognised that the need for a development in a particular location can outweigh

negative impacts that would, in other locations, warrant refusing planning permission”

(paragraph 1.54). In referring to development control considerations, it notes that air

quality will attract greater consideration where a development would be within or

adjacent to an Air Quality Management Area (paragraph 1.29). Developers are to be

encouraged, where appropriate, to incorporate in their proposals sustainable urban

drainage systems (SUDS) to source run-off from development including car parks,

buildings, paved areas, etc. and to store water for non drinking purposes and to

enable it to be released more slowly (paragraph 1.31).

7.2.17 PPG24 – Planning and Noise (1994) gives guidance on the use of planning powers to

minimise the adverse impacts of noise and its effects on the environment and the

quality of life, in assessing applications, LPAs should give reasonable consideration

to the compatibility of proposed activities with the surrounding uses.

7.2.18 PPS25 - Development and Flood Risk (2006) explains how flood risk should be

considered at all stages of the planning process to avoid inappropriate development

in areas at risk of flooding and to direct development away from areas at highest risk.

Reference is made to electricity generating power stations, grid and primary sub-

stations as falling within the category of essential infrastructure, such that the

exception test may be applied within flood risk vulnerability clarification zones 3a/3b.

If the exception test is passed, the plant should be designed and constructed to

remain operational and safe for users in times of flooding.

7.2.19 Circular 15/97 – The United Kingdom National Air Quality Strategy and Local Air

Quality Management: Guidance for Local Authorities (1997) promotes a corporate

approach to the issue of local air quality, gives an introduction to the function of local

authorities in delivering the Government’s UK National Air Quality Strategy through

the Local Air Quality Management (LAQM) system. The Application Site is not within

or adjacent to an AQMA.

7.2.20 Circular 05/05 – Planning Obligations provides guidance to LPAs in England on the

use of planning obligations under Section 106 Town & Country Planning Act 1990.

Annex A sets out the statutory framework for planning obligations; Annex B explains

the policies of the Secretary of State and provides guidance on the use of planning

87

obligations which LPAs should taken into account when determining applications and

drafting policies.

7.2.21 Circular 06/2005 - Biodiversity and Geological conservation - Statutory obligations

and their impact within the planning system provides administrative guidance on the

application of the law relating to planning and nature conservation in England. It

compliments PPS9 and the Good Practice Guide. In Part I it deals with the

conservation of internationally designated sites, Special Protection Areas (SPAs)

(classified under the EC Birds Directive), Special Areas of Conservation (SACs),

designated under the Council Directive 92/43 and Ramsar sites listed under the

provisions of the Ramsar convention on wetlands of international importance. Part II

deals with Sites of Special Scientific Interest (SSSI) and the consultation and

notification of processes; Part III covers planning for nature conservation outside

designated sites; Part IV deals with the conservation of species and Part V provides

advice on other duties and the use of statutory powers.

7.2.22 Circular 1/2006 Guidance on Changes to the Development Control System (2006)

provides guidance on changes to the development control system. Section 3 refers

to amendments to the 1990 Act which prohibits, among other things, an LPA from

entertaining an application unless it is accompanied by a design statement and an

access statement where required. A design and access statement is described at

paragraph 6.0 as “a short report accompanying and supporting a planning application

to illustrate the process that has led to the development proposal and to explain and

justify the proposal in a structured way.”

7.3 Government Energy Policy

7.3.1 Government energy policy is represented in the following documents:

- Our Energy Future - Creating a Low Carbon Economy” Cm 5761 (DTI Energy

White Paper - 2003)

- “The Government’s Strategy for Combined Heat and Power for 2010” (DEFRA

CHP Strategy – 2004))

- “UK Climate Change Programme” 2006, 2007, 2008.

- “The Energy Challenge – Energy Review” (2006) Cm 6887

- “Meeting the Energy Challenge Cm 7124” (A White Paper on Energy – 2007)

88

- “Towards Carbon Capture and Storage” – Consultation June 2008

These documents are discussed at paragraphs 7.3.3-7.3.17.

7.3.2 Other recent sources of information are:

- The Energy Markets Outlook Report 18.12.08 (EMOR)

- Sustainable Development Report December 2008 (OSDR 2008)

- National Grid Seven Year Statement 2008 (NG7YS).

The EMOR and OSDR 2008 and NG7YS have been discussed in Section 5.

7.3.3 The Energy White Paper “Our Energy Future – Creating a Low Carbon Economy”

(2003) (Cm 5761) (White Paper 2003) identifies three challenges, first climate

change, second decline of the UK’s indigenous energy supplies and third, the need to

update much of the UK’s energy infrastructure (White Paper 2003 1.1).

7.3.4 Behind the first challenge of managing climate change, it is explained that the

Government has committed, under the Kyoto Protocol, to reduce greenhouse gas

emissions by 12.5% below 1990 levels by 2008-2012 and to move towards a 20%

reduction on 1990 levels of carbon dioxide emissions (CO2) by 2010 and 60% by

2050 (White Paper 1.18, 2.14). The second challenge is the decline of the UK’s

indigenous energy supplies and the consequent risk associated with importation of

fuels such that it is predicted that “By 2020 we could be dependent on imported

energy for three quarters of our total primary energy needs”. The third challenge is

the need to update much of the UK’s energy infrastructure and it is pointed out that

EU “measures to limit carbon emissions and to improve air quality are likely to force

the modernisation, or closure, of most older coal fired plant”. Similarly, “In the

absence of new build or life extensions, nuclear power’s share of electricity

production will shrink from its current level….” (White Paper 2003 1.16)

7.3.5 In response to these challenges, the White Paper defines four goals, namely to

reduce CO2 emissions, maintain reliability of energy supplies, promote competitive

markets and to ensure that every home is adequately and affordably heated

(paragraph 1.18). To achieve these goals, the Government identifies “energy

efficiency” as likely to be the cheapest and safest way of addressing all four

objectives with renewable energy playing an important part in reducing carbon

emissions and strengthening energy security (White Paper 2003 1.19).

89

7.3.6 On the issue of energy reliability, the stated goal is that “people and businesses can

rely on secure supplies of energy – gas, fuel and electricity at predictable prices

delivered through the market” (White Paper 2003 6.1). Accordingly, a resilient energy

system is seen as requiring “a diverse system based on a mix of fuel types, a variety

of supply routes, efficient international markets, back up facilities such as storage and

a robust infrastructure” (White Paper 2003 6.2) and it points out that other countries

have achieved economic growth while being energy importers (paragraph 1.14).

7.3.7 Among its various strategies for reducing carbon emissions, CCS is seen as being

integral to the future of clean coal technologies, without which it considers coal will be

less attractive as a source of power (White Paper 2003 1.25, 6.49, 6.56, 6.59). It also

notes that the power industry makes a substantial contribution the UK’s economy and

that there will be considerable opportunities to meet the challenges of delivering the

infrastructure, technologies and solutions needed in the future (White Paper

2003 7.38).

CHP Strategy 2004

7.3.8 The Strategy for Combined Heat and Power for 2010 reflects Government’s belief

that CHP has an important role to play in achieving the aims of the 2003 White Paper.

Whilst there is a view expressed that the country will fall short of its 10% 2010 target,

it is also indicated that the measures introduced by the Government will contribute to

future development of CHP.

Climate Change - the UK Programme 2006/2007/2008

7.3.9 The 2006 document discusses the international challenge of climate change,

delivering emissions reductions, and adapting to the impact of climate change. It

notes that “The energy supply sector has contributed a large reduction in the UK’s

greenhouse gas emissions over the past decade … largely through the switch away

from more carbon intensive fuels such as coal and oil towards low or zero carbon

emissions fuels such as gas, nuclear and renewables.” More particularly, it predicts

that emissions will fall further “through to 2010 as a result of the impact on electricity

demand of existing measures and a further increase in the share of gas fired

electricity generation” (Energy Supply page 32). Subsequently, the 2007 Annual

Report to Parliament indicated a reverse trend, in which fuel switching (as a result of

price changes) from natural gas to coal for electricity generation was considered

primarily responsible for carbon dioxide emissions in 2006 being higher than in 2005

(page 11, paragraph 18). However, the 2008 Annual Report shows carbon dioxide

90

emissions during 2007 being lower than the 2006 figure, resulting from fuel switching

back from coal to gas (Overview page 9, paragraph 4).

The Energy Challenge – Energy Review 2006 (Cm 6887)

7.3.10 This Review continues with the dual themes of there being two major long-term

challenges, necessitating the tackling of climate change as global carbon emissions

continue to grow and, delivering secure and clean energy at affordable prices as the

UK becomes increasingly dependent on imports for its energy needs.

7.3.11 On the matter of electricity generation, it is stated that “Over the next two decades,

the UK will need substantial new investment in electricity generation capacity to

replace closing coal, oil and nuclear power stations and to meet expected growth in

electricity demand” (Cm 6887 paragraph 6.4.3). It advises that it is for the private

sector to make the necessary investment decisions within the regulatory framework

set by the Government and for Government to ensure that this framework provides

the right incentives, consistent with the goal of moving to a low carbon economy (Cm

6887 5.1).

7.3.12 Again, picking up on the case for CCS, the point is made that “While creating the

legal and regulatory framework which would allow CCS projects to come forward is a

necessary step in making CCS a reality, it is not in itself sufficient. CCS will only

realise its potential if it is also technically feasible, environmentally sound and

economically viable.” (Cm 6887 5.84). It is also stated that “A crucial step in bringing

CCS closer to economic and commercial feasibility is ensuring that the environmental

benefits that it secures are recognised and rewarded under schemes and policies

designed to encourage carbon emissions reductions. This will help ensure that the

environmental benefits of CCS are taken into account by generators when they make

investment decisions.” (Cm 6887 5.87)

Energy White Paper 2007

7.3.13 The Energy White Paper “Meeting the Energy Challenge. A White Paper on Energy

May 2007” (White Paper 2007) building on the principles set out in the 2003 White

Paper, identifies two long term energy challenges:

“tackling climate change by reducing carbon dioxide emissions both within the UK

and abroad; and

91

ensuring secure, clean and affordable energy as we become increasingly dependent

on imported fuel” (Executive Summary).

7.3.14 The Government’s response to the above is that the starting point is to “save energy”

in business, homes, transport and the public sector, while moving towards cleaner

energy supplies of heat, electricity and fuels for transport. For clean energy supplies,

it proposes that in the short and medium terms, various technologies afford

possibilities for carbon reduction, including micro-generation, district heating, CHP

and biomass but that the country cannot rely on renewables alone; it needs diverse

electricity generation mix and some of the renewable technologies are intermittent. It

is stated that “We will continue to need fossil fuels as part of a diverse energy mix for

some time to come ….” but that they (coal and gas) must become cleaner and CCS

could be a means of reducing emissions (White Paper 2007 Executive Summary

page 15).

7.3.15 On the two matters of reducing CO2 emissions and security of supply, it is stated that:

- “The sector has made some progress in decarbonising since 1990, largely as

result of the increased share of gas-fired generation in the mix” (White Paper

2007 5.1.10), and

- “Over the next two decades, the UK will need substantial investment in new

generation capacity to replace the closing coal, oil, and nuclear power stations

and to meet expected increases in electricity demand.” (White Paper

2007 5.1.11).

The White Paper predicted that some 22.5 GW of existing power stations may close

by 2020 and that to maintain levels of capacity equivalent to those of today, new

generating capacity needs to be built to meet these closures and increases in

demand, in the order of 20-25 GW by 2020 (White Paper 2007 5.1.11).

Towards Carbon Capture and Storage – Consultation June 2008

7.3.16 The consultation restates the Government’s energy strategy set out in the 2007

Energy White Paper, with its aims “to provide the UK with secure energy supplies and

contribute to the global climate change effort” and that it expects “fossil fuels to

remain a vital part of our diverse electricity generation mix, as an essential contributor

to our security of supply.” (Executive Summary page 3). The consultation

acknowledges that there is no practical experience of operating such a facility at a

92

commercial scale but points to progress on the regulatory and policy framework

within which CCS should operate at national and EU levels.

7.3.17 Since this consultation, a draft directive has been adopted by the European

Parliament which if enacted would have the effect of requiring all combustion plants

of 300 MW or more, licensed after the entry into force of the directive to meet certain

CCR criteria (Statement 3.51.-3.5.2, 4.2.10 - 4.2.11).

7.4 South Holland Local Development Framework

Background

7.4.1 The Council’s local development scheme (LDS) (April 2007) sets out its programme

for the preparation of new local development documents (LDDs) and supplementary

planning documents (SPDs) for the three-year period from 1st April 2007 to 31st March

2010. It notes that under the new plan-making system the statutory development

plan for the district will eventually comprise:

- the Regional Spatial Strategy for the East Midlands prepared by EMRA

- Minerals and Waste DPDs prepared by LCC; and

- DPDs prepared by SHDC.

7.4.2 The Council’s Statement of Community Involvement was adopted on 12th December

2006; it sets out how the Council will involve the community in the production of its

planning documents and on planning applications.

7.4.3 Under the Government’s transitional arrangements for moving from the old to the new

system of plan-making, the policies of the adopted SHLP 2006 covering the period to

2021, are automatically saved for a period of 3 years from adoption (i.e. until July

2009), or, if approved by the Secretary of State for a longer period until replaced by

new-style DPDs as part of the LDF. The Council has recently announced which

policies in the SHLP it wishes to save and those which it considers redundant.

Section 6.3 has had regards to those polices which SHDC wishes to “save”.

7.4.4 The Core Strategy DPD will be the principal document in the LDF. It will contain the

Council’s spatial vision and strategic objectives for South Holland; a spatial strategy

and core policies for delivering the vision and objectives and a monitoring and

implementing framework with clear objectives for achieving delivery. In addition, it will

93

contain a number of generic development control policies, against which planning

applications for the development and use of land and buildings will be considered

(paragraph 5.5). The LDS timetable for production of the Core Strategy and

Proposals Map sets a commencement date of April 2007 with final adoption in April

2010. At the time of writing, this timetable had not been adhered to and the first stage

of consultation has yet to take place; work has also yet to begin on the Council’s Site-

Specific Allocations DPD.

94

8.0 PLANNING ASSESSMENT

8.1 Summary

8.1.1 This section discusses the key planning issues below derived from consideration of

information in Sections 2-7 and the application of polices both in respect of the

development plan and other material considerations:

- energy and climate change

- land use

- environment

- economic development

- associated infrastructure, CHP and CCS.

Note: the term “environment”, includes a number of topics which have been

addressed in the ES. The issue of “associated infrastructure” is not directly relevant

to this Application, however the planning position is summarised.

8.1.2 In the event that it was concluded that the proposals had an adverse effect on the

environment, need would become a relevant consideration. As is made plain in

paragraph 1.54 of Annex 1 to PPS23, applicants do not normally have to prove need

for their proposed development. However, there is a clear need for the proposed

SEE as the development would contribute to the nation’s power generating capacity,

at a time when there is a requirement for significant investment in new plant as a

result of many older coal and nuclear power stations being scheduled to close before

the end of 2020 and the majority before the end of 2015.

8.1.3 There is a clear need for transition to a low carbon economy. Gas fired generation

has been a significant contributor to the UK’s carbon reduction in recent years as it is

highly efficient and has lower carbon emissions than traditional carbon fuels.

Consequently, the proposed SEE will act as an enabler to the transition to a low

carbon economy, along with renewable generation, as well as meeting a need to

provide additional generating capacity from a site that is well suited to this role.

Without new investment such as the proposed SEE, the UK will have insufficient

power generating capacity to meet projected demand.

95

8.2 Energy and Climate Change

National

8.2.1 Two of the main objectives set by national policy are to address climate change by

reducing greenhouse gas emissions and to provide sufficient generating capacity to

replace plants which have to close. EMOR 2008 refers to the twin goals of secure

energy supplies and lower emissions (Statement 5.2.1).

8.2.2 The proposed SEE contributes to both of those goals. The proposed plant will

provide up to 900 MW of generating capacity whilst reducing carbon emissions by

using CCGT technology, together with the potential for use of waste heat through the

proposals for CHP and the possible retrofit of CCS once it is proven commercially

and technically on a large scale.

8.2.3 The need to provide replacement generating capacity is pressing. The LCPD requires

large electricity generators to meet more stringent air quality standards from 1st

January 2008 (Statement 5.2.2). Plant which has opted out of this obligation will

have to close by the end of 2015 or after 20,000 hours of operation from 1st January

2008, whichever is the sooner. Some 12 GW of coal and oil-fired generating plant

falls into the “opted out” category (Statement 5.2.2). In addition, some 7.3 GW of

nuclear capacity will have closed by 2020 (Statement 5.2.3).

8.2.4 On one scenario considered in EMOR 2008 which assumes a 32% share of electricity

demand to be met from renewables, the UK will need investment in some 47 GW of

new capacity by 2020, which represents about 57% of current total capacity

(Statement 5.2.7). This scenario, which includes gas fired generation, would require

an average annual deployment rate of around 4GW, a rate which has only been

achieved in the UK in three of the last c. 40 years. CCGTs can be built within around

30-36 months. This relatively short period is a key consideration given the

aforementioned significant new generating requirement.

8.2.5 Investment in CCGT has already made a significant contribution to reducing

emissions of greenhouse gases and will continue to do so (Statement 5.2.9, 5.2.13,

7.3.9, 7.3.15).

8.2.6 In the glossary to Planning and Climate Change: Supplement to PPS 1, waste heat is

recognised as falling within the category of renewable and low carbon energy

(Statement 7.2.3). The combination of CCGT technology and the potential to use

waste heat through the CHP proposal offers the opportunity for the proposed SEE to

96

contribute to a reduction in carbon emissions. The CHP Assessment confirms that

SEEL has included provision for up to 10MWth of heat supply in the plant design. At

this time, SEEL is working on two options, one to provide heat to South Holland

Community Hospital and a second to provide heat and CO2 for horticultural purposes

(Statement 2.3.11, 3.4.2/3, 4.2.9).

8.2.7 It is stated in the OSDR 2008 that evidence of reductions in CO2 emissions can be

partly explained by generators switching to less carbon intensive fuels, coinciding

with an increase in gas fired generation, such that between 2006 and 2007,

greenhouse gas (GHG) emissions fell by around 4%, also assisted by an increase in

renewables generation, up from 5.5% in 2006 to about 6% in 2007 (Statement

5.2.13). The same point has been made consistently by Climate Change - The UK

Programme 2006/2007/2008 which has noted that the energy supply sector has

contributed to achieving a large reduction in the UK’s greenhouse gas emissions over

the past decade. The 2007 Annual Report noted an increase in CO2 emissions with

fuel switching from gas to coal and in the 2008 Report, noted CO2 emissions falling

with fuel switching back from coal to gas (Statement 7.3.9). The same point is

recognised in the 2007 Energy White Paper, that the sector has made progress in

decarbonising since 1990 largely as a result of the increased share of gas fired

generation (Statement 7.3.15).

8.2.8 OSDR also points to the need for UK companies to make substantial new investment

in power stations, the electricity grid and gas infrastructure (Statement 5.2.12). It

observes that risks of gas import dependency are being mitigated by an increase in

gas storage capacity and a diversity of import options (Statement 5.2.15). It refers as

examples to the opening of Langeled pipeline which transports about 20% of UK

peak demand from Norway. LNG facilities at Teesside and Isle of Grain will provide

further supply points for gas as the global market responds to international demand.

There are also other gas storage projects, approved and pending which will

contribute to storage, that will improve the management of gas supplies and address

short term security of supply concerns in the UK, in particular, by the time the

proposed SEE is operational.

8.2.9 In contributing to the identified need for new generating capacity and by adopting a

fuel and technology that has already made a significant contribution towards reducing

carbon emissions, the SEE satisfies both of the twin goals identified in Government

policy and which would be further strengthened by the provision of CHP and CCS.

8.2.10 This Statement clearly sets out the Government’s commitment to CCS and the role it

is envisaged it can play by reducing carbon emissions and enabling a shift to a low

97

carbon economy (Statement 5.2.6, 5.2.10, 5.2.16, 7.3.12, 7.3.16, 7.3.17). The

proposed SEE will be capable of being retrofitted with CCS such that up to 90% of

CO2 emissions may be capable of being captured when CCS is commercially and

technically proven on a large scale.

8.2.11 EMOR 2.23 notes that energy efficiency is an important strand to the Government’s

approach offering the possibility of reduced emissions through lower fuel

consumption lowering the need for new thermal generation. The ES (1.41), points to

the fact that the proposed SEE will use reliable and efficient CCGT technology to

provide a supply of electricity to help meet the regional and national electricity

demand. A significant portion of UK generation is located in Scotland and the north of

England, while the main electricity demand is in the south of England, particularly in

London. When transporting electricity, transmission losses result which can be

minimised by locating supply as close as possible to demand. ES Table 1.1 outlines

the “Effectiveness of Power Generation across Britain”, produced by NGET in its

2008 GB Seven Year Statement and highlights the strong merits of locating the new

plant in Spalding compared with other potential locations in the UK.

Regional

8.2.12 The proposals comply with the relevant policies set out in the EMRP in particular

Policy 1 (Regional Core Objectives), Policy 2 (Promoting Better Design), Policy 39

(Regional Priorities for Energy Reduction and Efficiency) and Policy 40 (Regional

Priorities for Low Carbon Energy Generation).

8.2.13 Climate change is recognised as the most significant issue for the future of the

Region which cuts across all land use sectors, affecting core objectives, the

environment, the economy and quality of life (Statement 6.2.8).

8.2.14 Regional Core Objectives Policy 1 items (i) and (j) are directly relevant and indirectly

item (d). Item (i) is “To reduce the causes of climate change by minimising emissions

of CO2”, which it seeks to achieve by various measures, including “maximising

resource efficiency and the level of renewable energy generation” and by “making

best use of existing infrastructure” (Statement 6.2.9).

8.2.15 The use of CCGT technology maximises ‘resource efficiency’ by generating electricity

in an efficient manner, while making a significant contribution to reducing CO2 and

greenhouse gas emissions relative to the use of other carbon fuels. This is

demonstrated in the ES Table 3.3 which compares atmospheric emissions from new

98

power plants (CCGT and conventional oil-fired and coal plants), indicating much

higher efficiencies of CCGT plant.

8.2.16 The SEE CHP Assessment indicates that, while there is no recipient suitable for CHP

close to the Application Site (the closest is 19 kilometres), the management of the

new South Holland Community Hospital has expressed interest in the provision of

heat from SEEL, which will be the subject of a preliminary feasibility study

(Statement 3.4.1/2). Additionally, the CHP Assessment “flagged up” the potential to

identify other heat users within two areas referred to as Zones 1 and 2, which

coincides largely with the two locations described in this Statement at

paragraph 2.2.11 as north/south of Wardentree Lane, north west of Vernatts Drain

and West Marsh Road between River Welland and Vernatts Drain. The first area,

which includes land north of Wardentree Lane, comprises around 126 hectares of

land allocated for employment development, which is about 80% occupied by

industrial/commercial uses, with some undeveloped areas for future expansion. The

CHP Assessment notes that SEEL has included CHP in the proposed plant design,

allowing provision for up to 10 MWth of heat. Although CHP is not a source of

renewable energy it is a low carbon source which uses low grade heat that would

otherwise be wasted (Statement 3.4.3).

8.2.17 The second constituent of Policy 1(i) “making the best use of infrastructure” has been

an important consideration in the selection of the Application Site, described in this

Statement at paragraph 2.3.11. Particular considerations are, the opportunity to

share some facilities, resources and skills with the SECL operation, in a community

where it is established; the relative closeness to the existing gas NTS and 400 kV

national grid; the Application Site’s industrial setting and its suitability. The recovery

of “brownfield” land for development will contribute to regeneration and subject to

securing agreement, the opportunity to provide heat in the future to a number of

prospective businesses and the new South Holland Community Hospital will be a

further advantage.

8.2.18 A further consideration in Policy 1 is item (d) which seeks to improve the well being of

the Region’s residents, of which one indicator is “affordable warmth”. This is

recognition of the Government’s aim to reduce fuel poverty and to ensure secure,

clean and affordable energy. (Statement 7.3.5, 7.3.13, 8.2.1). The proposed SEE will

contribute to both aims by providing energy for which there is an established need, by

adding to competition through choice and by enabling the opportunity for the

provision of local heat.

99

8.2.19 Policy 2 (Design) encourages design to contribute to “reducing CO2 emissions and

providing resilience to future climate change”. The latter is dealt with under “land

use” and “environment” (Sections 8.3/4), however in the case of the former, the

proposed SEE, with its potential to provide heat, will reduce CO2 emissions and

accord with the aim in the second bullet point of the policy to “minimise energy use”.

The design of the proposed SEE will incorporate the ability to retrofit CCS.

8.2.20 Policy 39 is to “promote a reduction of energy usage in line with the “energy

hierarchy””. The energy hierarchy requires (1) reducing the need for energy,

(2) using energy more efficiently, (3) using renewable energy and (4) for any

continuing use of fossil fuels to be clean and efficient for heating and co-generation

(EMRP 3.3.75). The use of CCGT technology as discussed in paragraph 8.2.15 is

both clean and efficient and there is scope to utilise waste heat. This obviously

depends on the demands of heat users within the industrial and commercial areas

described in paragraph 3.4.2. The reference to co-generation in the energy hierarchy

is not relevant in this situation.

8.2.21 Policy 40 (Regional Priorities for Low Carbon Energy Generation), encourages the

development of CHP and district heating infrastructure to achieve regional targets

and the development of a distributed energy network using local low carbon and

renewable resources. The policy refers to part of the Region, especially the Trent

Valley as having locational advantages for major energy installations through easy

access to the national grid, cooling water and fossil fuel supplies. It is stated that

some sites in the Trent Valley may be suitable for re-use for new forms of power

generation, such as clean coal technology, as well as scope for renewables and that

CHP is to be encouraged but this does not detract from the opportunity at Spalding to

provide additional power generating capacity, in a location that affords substantial

advantages to the development of new generating capacity. The Application Site of

the proposed SEE, as discussed earlier at paragraph 8.2.17 is accessible to the 400

kV national grid and to the gas NTS, where there is some capacity. Additionally,

SEEL is continuing to investigate opportunities to supply heat to the new South

Holland Community Hospital and it believes that there is scope to extend the scheme

to other users in the area, subject to commercial viability. For this reason the

proposed SEE has included CHP potential in its proposed plant design, allowing for

the provision of up to 10 MWth of heat (Statement 3.4.1-3.4.3). The proposed SEE

has also demonstrated that it is CCR (Statement 3.5.1/2, 4.2.10, 5.2.16, 7.3.16/17).

As a result the proposal promotes the objective identified in the first bullet point of

Policy 40.

100

Local

8.2.22 The SHLP Policy SG7 (Energy Efficiency) requires all development above certain

minimum sizes “to demonstrate good practice in energy efficiency and to incorporate

renewable energy production equipment to provide at least 10% of its predicted

energy requirements”. The policy is not directly applicable to a proposal for a

generating station, however the proposed SEE complies with the aims and objectives

of the policy in that it demonstrates good practice in energy efficiency and the ability

to provide CHP can facilitate the delivery of “low carbon energy” as defined in the

glossary to the Supplement to PPS1 Planning and Climate Change (Statement 7.2.3).

8.2.23 In addition, as indicated at Table 1.1 of the ES, the proposed SEE is located such

that it can take advantage of proximity to the 400 kV national grid and thus lower

transmission losses.

8.3 Land Use

National

8.3.1 Key principles of the planning system require the prudent use of natural resources

and sustainable economic development (PPS1 Delivering Sustainable Development).

This requires a more sustainable approach to consumption and the more efficient use

of non-renewable resources and there is an assumption that previously developed

land should be used in preference to greenfield land, which the Application Site and

the proposed SEE provides (Statement 7.2.2).

8.3.2 Sustainable economic development necessitates choice, including that LPAs should

recognise that development can deliver environmental and social benefits, which may

be wider than local considerations (Statement 7.2.2). PPG4 (Industrial, Commercial

Development and Small Firms) and Consultation PPS4 (Planning for Sustainable

Economic Development) both support the re-use of urban land, particularly where it is

underused or vacant and recommend supporting development, unless there is good

reason to believe that the economic, social and/or environmental costs will outweigh

the benefits (Statement 7.2.4/5). PPS10 – (Planning for Sustainable Waste

Management) encourages the re-use and recovery of all materials and the

minimisation of all forms of waste (Statement 7.2.7), while PPG14 – (Development on

Unstable Land) encourages the restoration and re-use of land which has been

damaged by industrial activities (Statement 7.2.11). PPS23 (Planning and Pollution

Control) makes the point that “The presence of contamination can effect or restrict the

use of land, though development can present an opportunity to deal with it

101

(Statement 7.2.15) and that availability or lack of availability of suitable sites for some

forms of development can outweigh negative impacts (Statement 7.2.16).

8.3.3 The proposed SSE proposes development of the Application Site, which has been

previously used by British Sugar, partly for silos but mainly as lagoons. This

Statement describes how the Application Site was cleared and the lagoons bulldozed

with sedimented factory soil/beet washings, such that ground gas is generated from

the degraded material and that there is a 4 metre high Mound (Statement 2.3.1/2).

Consequently, for the Application Site to be used there is now a need to remove

around 140,000 tonnes of Made Ground which will be processed off site and re-used

(Statement 2.3.8). The proposed development of the proposed SEE will result in the

re-generation of around 13 hectares of land; coupled with its industrial location next to

SECL’s power station, the proposal to use the Application Site for the SEE is

therefore a sustainable solution for the Application Site’s future, which is consistent

with Government policy.

Regional

8.3.4 The proposals comply with the objectives of the IRS in that the Application Site is well

located from an energy perspective relative to the existing 400 kV -national grid and

the NTS, albeit that there is a need for some additional infrastructure to be provided

at SEEL’s cost. The proposed SEE is an opportunity to reclaim and re-use previously

used land and to recycle Made Ground which might otherwise be landfilled. The

undertaking of this development will produce sustainable job opportunities with scope

for training and advancement, furthermore the location within the urban area of

Spalding and its proximity to industry and commerce makes this a sustainable

location.

8.3.5 The proposals comply with the relevant policies in the EMRP, in relation to land use

as explained below. Relevant Policies are (1) Regional Core Objectives,

(2) Promoting Better Design, (3) Distribution of New Development, (4) Development

in the Eastern Sub-area, (5) Strategy for Lincolnshire Coastal Districts,

(6) Overcoming Peripherality in the Eastern Sub-area, (19) Regional Priorities for

Regeneration, (20) Regional Priorities for Employment Land, (38) Regional Priorities

for Waste Management” and (41) Regional Priorities for Culture, Sport and

Recreation.

8.3.6 Policy 1 refers to (b) reducing social exclusion, (f) improving accessibility to jobs, (g)

and (i) making the best use of existing infrastructure. The proposed SEE will require

the recruitment of between 15-20 people to fill a number of high quality engineering

102

and business positions (Statement 3.2.4(l)). Based on SECL’s experience, many of

the staff are expected to live in South Holland District and a number in Spalding itself.

The choice of the proposed SEE location affords many advantages, including

accessibility and capacity of infrastructure and the scope to share some facilities and

established operational procedures, drawing on the experience and knowledge of

SECL’s personnel (Statement 2.3.11). The type of jobs and InterGen’s approach to

training and ongoing career development means that the proposed SEE will

contribute to the employment and social objectives of the Region; the Application

Site’s accessibility to infrastructure is a substantial advantage and an important

reason for choosing Spalding as a location for development.

8.3.7 Policy 2 refers to “making the most efficient use of land” and “locating and designing

access from new development to local facilities on foot, by cycle or by public

transport”. This Statement describes the Application Site location and access and the

present ground conditions, which render the Application Site unusable in its present

state, however SEEL has investigated and satisfied itself that remediation is possible

(Statement 3.2.4(f)). As described in paragraph 2.3.11, the Application Site is well

located in relation to electrical and gas infrastructure and (Statement 2.3.7 – 2.3.11

(3.3.1-3.3.4). These considerations were also addressed during 1996/97 in relation

to InterGen’s application, which received Section 36 Consent (Section 2.4) in respect

of the northern part of the British Sugar site and is evidence of the Application Site’s

suitability.

8.3.8 Policies 3, 4, 5, 6, 19, 20, 38 are considered together as there is some overlapping of

issues. Policy 3 describes how development and economic activity should be

distributed, namely that appropriate development should be located in SRCs, of

which Spalding is one. It also requires that “In assessing the suitability of sites for

development priority should be given to making best use of previously developed land

… in urban or other sustainable locations”, which is clearly applicable. Policy 4

requires that development in Spalding, as one of the SRCs, should “consolidate and

where appropriate strengthen” the town and that the natural environment of the

coastal margin, including The Wash should be protected. Policy 5 concerns the

strategy to be implemented in the Lincolnshire coastal districts, including SHDC

where issues of flood risk, regeneration and the protection of nature conservation

sites are to be addressed. Policy 6 is concerned with peripherality and lack of

accessibility in the central and eastern parts of the Eastern Sub-area while Policy 19

wants regeneration activity to be focussed on areas of greatest need, including

“economically lagging” rural areas, including South Holland. Policy 20 focuses on the

development of priority sectors, improving regeneration of urban areas and the needs

of high technology and knowledge based industries. The explanatory text to

103

Policy 38 refers to the pro-active approach in Government policy towards reducing

the amount of waste and materials sent to landfill.

8.3.9 The proposed SEE will contribute to the level of economic activity in Spalding. It

affords an opportunity through the choice of the Application Site to make good use of

previously developed land, which is both vacant and derelict and through the process

of remediation to deal with the recovery of the Made Ground, which is itself a

sustainable outcome and also to minimise material being sent to landfill.

Opportunities to facilitate the use of waste heat through CHP provision to businesses

within the main employment area exist (Statement 3.4.1-3.4.3). The EIA process has

taken into account flood risk associated with the River Welland and established that

the proposed SEE will not be adversely affected. SEEL will ensure that it

incorporates SUDS within its design and that biodiversity enhancement will be

addressed as part of the Application (Statement 3.2.4(k)). There are no concerns

regarding nationally and internationally protected sites such as The Wash

(Statement 4.4.3), which is discussed in Section 8.4. There is already good access to

the Application Site by road, walking and cycling and the area on the north side of

Spalding is convenient to many people living in and around the town. The

development of the proposed SEE and its operation incorporates sophisticated

technology and provides good quality, well paid jobs for skilled employees

(Statement 3.2.4(l)). This, and the other policies mentioned above, underpin the

suitability of the Application Site for development of the proposed SEE in this location

(Statement 2.3.11).

8.3.10 Policy 41 concerns the requirement to develop “cultural infrastructure plans” that will

inform the LDF process on a wide range of activities. These include sports

participation and informal leisure pursuits, which is mentioned here because the

BSSSC occupies a club house and bowling green within the Application Site. SEEL

is working with BBSSC to identify a way forward, as it is no longer practicable to

retain the former British Sugar Club facilities on the Application Site, which would

otherwise constrain development.

Local

8.3.11 Policies in the SHLP relevant to land use are SG2 (Distribution of Development), SG3

(Settlement Hierarchy), SG6 (Community Infrastructure), EC1 (Major Employment

Areas), EC3 (Existing Employment Areas/Premises), LT2 (Safeguarding Open Space

for Sport, Recreation and Leisure).

104

8.3.12 The SHLP notes that, while unemployment has historically been low, there is a

consensus that economic diversification is required (Statement 6.3.3). One of the

plan’s objectives is to locate new development to maximise accessibility to jobs and

to reduce the need to travel and another is to promote the development of unused,

underused or derelict land (Statement 6.3.7(12)(15)). Furthermore, two of the

priorities are to improve the economic output of South Holland District and to

contribute to the better use of land and energy (Statement 6.3.8). The SHLP also

wants to manage demand for land by concentrating most new development in the

towns and to ensure “full and effective use of unused, underused or derelict land …

within defined settlement limits in the prevention of urban sprawl” which the

Application Site clearly fulfils this objective (Statement 6.3.9). The point is underlined

in Policy SG2 which requires a sequential approach in favour of previously used land,

where possible served by a choice of transport modes which the Application Site

satisfies (Statement 6.3.12).

8.3.13 Spalding is identified as the Main Town in the District; it is also the location for major

employment and has the capacity to accept growth (Policy SG3), as represented by

this Application. Policy SG6 requires that proposals for development should

demonstrate how public infrastructure and services will be adequate. There is no

indication that public sector investment will be required to support the proposed SEE,

quite the reverse, the proposed development will address the remediation of the

Application Site and will bring new investment and jobs into Spalding; this is

discussed in Section 8.5.

8.3.14 The Application Site is included within an area which is shown on the SHLP map as

being subject to Policy EC1, which states that “Within the major employment areas

…. planning permission will be granted for employment uses” including land off

Wardentree Lane, Spalding Road, Pinchbeck and West Marsh Road. This is

essentially a permissive policy which expects to grant planning permission for

employment development including industry. In the explanatory text to the policy, it is

the intention that major employment locations mentioned above, should be able to

accommodate industrial development although consideration must be given to the

environmental effects on the area as a whole, as well as nearby residential properties

(Statement 6.3.21). In fact, there is no housing close to the Application Site and less

than there was when InterGen’s application in 1997 was considered by SHDC. The

EIA process has also confirmed that the activities of the proposed SEE will not give

rise to unacceptable environmental effects, of which there is a summary in the

following Section 8.4. In 1997, it was confirmed to the Secretary of State that SHDC

was satisfied that the adjoining site, now occupied by SECL could be developed for

105

power generation and it was acknowledged in the officer’s report that “the generation

of electricity is an industrial process” (Section 2.4).

8.3.15 Policy EC3 which is of general application supports employment uses provided that

the environmental effects are acceptable, and even non-employment uses may be

permitted where the existing use is unsatisfactory, or where the proposal is

particularly beneficial (Statement 6.3.22). For the reasons already explained above,

the proposed development of the SEE is consistent with employment land use

policies.

8.3.16 Policy LT2 requires that development resulting in the loss of open space requires

alternative provision of equivalent community benefit. It is questionable whether this

policy is strictly applicable to the BSSSC, however as indicated SEEL is working with

BSSSC to identify a way forward (Statement 2.3.8, 4.3.4/5, 8.3.10).

8.4 Environment

National

8.4.1 The EIA process has considered the likely direct, indirect, secondary, cumulative,

short, medium and long-term, permanent and temporary, positive and negative

effects of the proposed SEE and takes into account the Associated Infrastructure and

other development. The findings in respect of the proposed SEE are set out in the

ES and also reported in a non-technical form in the ES Non-Technical Summary and

in the Planning Statement at Section 4.4. The outcome of the EIA process is that

there is no indication that the proposed SEE, either during construction or operation,

will produce environmental impacts that will be unacceptable from a planning

perspective.

8.4.2 An outcome of the scoping process was that it identified interest from a range of

consultees on a wide range of topics. However, among the expressions of interest, it

was significant that questions were raised by Natural England, RSPB and others

about whether the proposed SEE might create indirect impacts on sites designated

as being of international or national importance in respect of biodiversity and on

various habitats and species. The ES (paragraph 13.29) has reported that there will

be no impacts on The Wash or Surfleet Lows and consequently there will be no

requirement for Appropriate Assessment under the EC Birds and Habitats Directive

(Statement 4.4.3). Accordingly, there is no conflict with policy contained in PPS9

(Biodiversity and Geological Conservation), nor Circular 6/2005 which accompanies

PPS9 (Statement 7.2.21).

106

8.4.3 PPG24 (Planning and Noise) gives guidance on the use of planning powers to

minimise the adverse impacts of noise on the environment, although, it is recognised

that much of the development necessary for the creation of jobs and the construction

of essential infrastructure will create some noise. LPAs are advised not to place

unjustifiable obstacles in the way of such development but must ensure that it does

not cause an unacceptable degree of disturbance (Statement 7.2.17). The ES

(paragraph 9.72) states that SEEL will adopt BS5228 parts 1&2 to proactively

manage potentially adverse noise impacts and will implement good practice

management controls, set out in a CEMP to ensure that noise levels can be managed

and reduced.

8.4.4 PPS25 (Development and Flood Risk) refers to electricity generating power stations,

grid and primary sub-stations as falling within the category of essential infrastructure

such that in some circumstances the exception test may be applied (Statement

7.2.18). The proposed SEE has been subject to a flood risk assessment and breach

analysis (ES Technical Appendix 12.1 and Chapter 12) which found that the risks

associated with the development are negligible; furthermore that a SUDS strategy will

be implemented.

8.4.5 Apart from these considerations of ecology, noise and flood risk, the ES has reported

that the other key impacts in relation to the proposed SEE relate to landscape and

visual, construction traffic and air quality.

Regional

8.4.6 The proposals comply with the relevant policies in the EMRP in relation to the

environment. Relevant policies are (1) Regional Core Objectives, (2) Promoting

Better Design,(4) Development in the Eastern Sub-area, , (26) Protecting and

Enhancing the Region’s Natural and Cultural Heritage, (27) Regional Priorities for the

Historic Environment, (28) Regional Priorities for Environmental and Green

Infrastructure, (29) Priorities for Enhancing the Region’s Biodiversity, (31) Priorities

for the Management and Enhancement of the Region’s Landscape, (32) A Regional

Approach to Water Resources and Water Quality, (33) Regional Priorities for

Strategic River Corridors, (34) Priorities for the Management of the Lincolnshire

Coast), (35) A Regional Approach to Managing Flood Risk, (36) Regional Priorities

for Air Quality.

8.4.7 Transport policies are (43) Regional Transport Objectives, (44) Sub-area Transport

Objectives, (45) Regional Approach to Traffic Growth Reduction, (46) A Regional

107

Approach to Behavioural Change, (48) Regional Car Parking Standards,

(49) Regional Approach to Improving Transport Accessibility.

Landscape and Visual

8.4.8 Policy 1(c) requires development “to protect and enhance the environmental quality of

urban and rural settlements” including green infrastructure and high quality design;

1(d) is to improve air quality, 1(g) “to protect and enhance the environment” in respect

of the Region’s natural and cultural and historic assets, particularly designated sites

of international importance, avoidance of significant harm, reducing waste and

increasing beneficial management and recognising capacity limitations on the

environment; 1(h) requires “a step change increase on the level of biodiversity”.

Policy 2 sets out a holistic approach to design in which new development should

reduce CO2 emissions and provide resilience to future climate change. Policy 2 sets

out a holistic approach to constituents of design regarding access, energy, lighting,

SUDs, efficient use of land, green infrastructure, biodiversity and landscaping.

8.4.9 The location (Statement 2.2.4-2.2.11) places the Application Site of approximately 14

hectares within a large employment area. The proposed SEE, which occupies land of

approximately 10 hectares is part of the former British Sugar site on which stood a

number of silos, up to 55 metres high (Statement 2.3.1); it adjoins

industrial/commercial/transport premises to the south and the existing SECL power

station to the north, which is of a comparable size to the proposed SEE

(Statement 2.3.5, 3.2.5). There is a conservation area in the town centre of Spalding

and a number of listed buildings of which the most significant is Ayscoughfee Hall

Gardens, located some distance from the Application Site. The ES records that the

proposed SEE will not materially affect its setting (ES 7.12, 7.16, 7.146, 7.155,

Statement 2.2.7).

8.4.10 This Statement has referred at paragraph 4.4.2 to the methodology devised for

assessing large scale energy developments and the fact that the approach

exaggerates the visual impacts to present a worst case scenario and that at the

detailed design stage, the likely effects will be more limited than those which have

been assessed. When built, it is probable that the proposed SEE will be similar in

appearance to the existing SECL power station, resulting in a more unified and

integrated visual image. It is normal for Section 36 Consents to include conditions

which require submission of design details for approval by the LPA; this process will

allow SHDC and stakeholders to comment on design.

108

Transport

8.4.11 Policy 43 aims to improve accessibility, overcome peripherality, support regeneration

priorities (includes rural areas of South Holland), improve safety, reduce traffic

growth, improve air quality by reducing the need to travel and promoting a modal shift

away from the private car, particularly toward walking/ cycling/ public transport. This

is reflected in Policy 44 in respect of the Eastern Sub-area and in Policy 45 in respect

of reduction in traffic growth. Policy 46 which aims to deliver a behavioural change,

usefully encourages the use of Travel Plans, as envisaged by this Application.

Policy 48 requires the application of maximum car parking provision as envisaged in

PPG13 and Policy 49 seeks to promote improvements in public transport

accessibility.

8.4.12 During construction, substantial HGV movements will be required however, the

Application Site on the north side of Spalding has good road access to the A16

bypass. Transport mitigation and monitoring measures at the construction stage are

set out in the ES at paragraphs 8.96-8.106, Technical Appendix 8.1 and summarised

at Table 8.27. The Technical Appendix, Section 5 includes measures to mitigate

impacts of construction vehicles by:

- prescribed HGV and personnel routes

- personnel parking including some off site

- route signage and route plan

- vehicle maintenance standards

- working hours

- minibuses and car/van pooling

- no parking on West Marsh Road

- monitoring of activities

- on site speed restrictions

- abnormal vehicle loads

- safety steward.

It is worth recording that this process was successfully managed when the SECL

power station was constructed between 2002 -2004. During the operational period

the transport impacts will be negligible and SEEL will develop its own “green” travel

plan.

109

Noise

8.4.13 Noise considerations are not addressed in the EMRP although Policy 1(k) seeks to

minimise adverse environmental impacts of development through the promotion of

sustainable design and construction techniques. Although there will be some noise

during construction it will be minimised through the management process discussed

at paragraph 8.4.3. During operations, noise will be negligible; this will be achieved

through engineering design and operational management as demonstrated by the

operation of the SECL power station.

Air Quality

8.4.14 Policy 36 is to reduce air pollution with a focus on the potential effects of new

development and traffic levels and its effects on internationally designated nature

conservation sites. The Application Site is not within an air quality management area

(AQMA). The ES has confirmed that existing air quality in the area in generally good

and comfortably meets all the relevant air quality objectives and, that monitoring data

includes the impact of the SECL power station on local air quality. Low pollution

technology has been specified and will reduce harmful emission to air. The proposed

SEE will be capable of being fitted in the future with carbon capture equipment that

may capture up to 90% of CO2 emissions (once such equipment is proven

commercially and proven technically on a large scale). The ES has reported that

there will be no impacts on sites designated as being of international or national

importance in respect of biodiversity and on various habitats and species

(Statement 4.4.3).

Ecology

8.4.15 Policy 1(h) is “To achieve a “step change” in the level of the Region’s biodiversity”

through the management and extension of habitats and ensuring no net loss of

priority habitats or species. Policy 4 requires that development in the Eastern Sub-

area should “protect and enhance the natural and historic environment of the coastal

margin” including The Wash. Developing this theme, Policy 26 requires protection

and enhancement of natural and cultural heritage; Policy 27 supports conservation

and enhancement of the historic environment while Policy 28 seeks a step change

approach to the management and enhancement of the Region’s natural heritage,

particularly nationally and internationally designated sites. Policy 29 wishes to see a

significant increase in the level of biodiversity and Policy 31 requires protection and

enhancement of the Region’s natural heritage particularly protected areas, although

110

none is applicable to the proposed SEE. Policy 33 priorities the natural and cultural

environment of certain strategic corridors including the River Welland as part of the

Region’s green infrastructure.

8.4.16 The Application Site is located between Vernatts Drain and the River Welland but it

does not fall within any statutory nature conservation designation, nor do the

embankments bordering the site. The EIA has considered the relationship of the

Application Site to The Wash, which is located approximately 15 kilometres to the

north east. It notes that drainage and surface water run off impacts on water courses

which flow into the River Welland and ultimately The Wash but its finding is that there

is no likelihood of impact on the internationally designated site and no requirement for

Appropriate Assessment, under the EC Birds and Habitats Directive (ES 13.132).

8.4.17 There are planned measures to overcome residual effects including:

- green/brown roofs on one or more of the proposed buildings

- bat boxes to offset loss of potential roosting locations

- bird boxes and artificial nesting locations by creating a new section of bank or

creating a number of artificial tunnels in the existing bank

- perimeter landscaping associated with climbing and other native flowering plants

- SUDs water feature/s of approximately 1000m3

- riparian habitats along Vernatts Drain including an artificial Otter holt

(Statement 3.2.3).

The findings of the EIA process on ecology are that no impacts on designated sites in

the wider area such as The Wash and Surfleet Lows have been identified

(Statement 4.4.3). The ES explains that the Site itself has limited ecological value

but that various recommended mitigation measures should be implemented (see

summary, Table 13.4). It has also identified potential for enhancement of Vernatts

Drain and the River Welland Corridors (Document 9).

Water Resources and Flood Risk

8.4.18 Policy 32 requires a sustainable approach to water resources and quality. The

Statement at 2.4.9 explains the background to the shift to air cooling (instead of water

111

cooling) in respect of the SECL power station, which was acceptable to the EA and

Anglian Water and that the ES in its consideration of water resources (Chapter 12)

refers to its approach to SUDS and other sustainable measures, such as rain water

harvesting. The explanatory text to Policy 34 identifies in the area of the Lincolnshire

coast, interactions between development, coastal erosion, flood protection and

defence as considerations. Policy 35 requires that development should not be at risk

from flooding, nor inhibit the capacity of a flood plain to store water, impede the flow

of flood water, have a detrimental impact upon infiltration of rainfall, or unacceptably

increase flood risk or interfere with coastal processes. In reply to scoping responses

from the EA and others the proposed SEE has been subject to a flood risk

assessment (FRA) and breach analysis (ES Technical Appendix 12.1 and

Chapter 12). The findings of the above are that the risks associated with the

development are negligible and this matter is discussed no further.

Local

8.4.19 Among the SHLP policies, the following are relevant: Policy SG1 (General

Sustainable Development), Policy SG2 (Distribution of Development),SG4

(Development in the Countryside), Policy SG11 (Sustainable Urban Drainage

Systems (SUDS)), Policy SG12 (Sewerage and Development), Policy SG13

(Pollution and Contamination), Policy SG14 (Design and Layout of New

Development), Policy SG15 (New Development Facilities for Road Users,

Pedestrians and Cyclists), Policy SG16 (Parking Standards in New Development)

Policy SG17 (Protection of Residential Amenity), Policy SG18 (Landscaping of New

Development), Policy EN1A (Development and Sites of Local Biodiversity Interest,

Policy LT3 (Recreational Routes, Public Rights-of- Way and Disused Railway Lines)

and Policy TC2 (Cycling, Cycleways). Certain of these policies are relevant to more

than one of the topics discussed in this Section.

Landscape and Visual SG1, SG4, SG14, SG18

Transport SG2, SG14, SG15, SG16, LT3, TC2

Noise SG13, SG14, SG17

Air Quality SG13, SG14, SG17

Ecology SG1, SG14, SG18, EN1A,

Water Resources

andFlood Risk

SG11, SG12,

Policy SG1 applies the principles of sustainable development generally when

considering applications and emphasises maintaining quality of life and conserving

energy, natural resources and environmental assets; all these matters have been

112

addressed in the EIA process. Policy SG2, apart from adopting a sequential

approach to land and requiring efficient use advocates that development should be

served by a choice of transport modes; the proposed Application Site is within the

urban area and has both footpath and cycle access as well as for vehicles.

Policy SG4 enables development in the countryside which is essential; it also sets out

the circumstances in which development that unacceptably impacts landscape

character may be permitted; the Application Site is not within the countryside;

associated infrastructure will be subject to separate applications and will be

considered in its own right. Policy SG11 concerning SUDS provision will be

addressed in the design process of the proposed SEE. Policy SG12 requires that

sites are served by mains foul sewers, which the Application Site is. Policy SG13

requires that development should not create unacceptable levels of pollution; the EIA

process has confirmed that emissions to water, air and noise are all acceptable.

Policy SG14 adopts a holistic approach in requiring that the design of new

development is appropriate, along with emissions and access arrangements and that

planting and promotion of biodiversity should be addressed. Policy SG15 requires

that new development should provide safe and convenient access for motor vehicles,

cyclists, pedestrians and disabled persons and Policy SG16 requires that parking

should not exceed the maximum standards set out in PPG13; those details will be

agreed by SEEL with SHDC. Policy SG17 requires that development should not

cause material harm to residential amenity and it has been established in the EIA

process that no harm will result. Policy SG18 requires that new development should

incorporate proposals for landscaping and biodiversity, which is proposed as part of

this Application. Policy EN1A opposes the loss of sites of local biodiversity interest,

unless the benefit to the community outweighs the adverse effect; both landscaping

and biodiversity measures are included in the proposed SEE and have been outlined

in the Statement at paragraph 8.4.17). Policy LT3 encourages recreational routes

and public rights of way; there is already provision for public access along Vernatts

Drain, which is not impeded by the proposed SEE. Policy TC2 supports provision for

cycle access; the Application Site is accessible by cycling and is supported by the

proposed SEE (Statement 3.2.3).

8.5 Economic Development

National

8.5.1 Government policy in PPS1 includes sustainable economic development as one of its

key principles in “promoting a strong, stable and productive economy that aims to

bring jobs and prosperity for all“ (PPS1 23) and that economic development can

deliver environmental and social benefits which may be wider than local

113

communications (Statement 7.2.2). PPG4 and Consultation PPS4 similarly adopt an

approach of encouraging economic development, recognising the needs of business,

while achieving the efficient and effective use of land and, in both instances,

supporting development unless there is good reason to believe that the economic,

social and/or environmental costs will outweigh the benefits (Statement 7.2.4/5). The

proposed SEE will provide a significant number of high quality, well paid, skilled

engineering and business positions at the premises as well as external contracting

and business opportunities (Statement 3.2.4(l)).

Regional

8.5.2 The proposals comply with relevant policies in the EMRP in relation to economic

considerations. Relevant policies are (1) Regional Core Objectives, (5) Strategy for

Lincolnshire Coastal Districts, (18) Regional Priorities for the Economy, (19) Regional

Priorities for Regeneration, (20) Regional Priorities for Employment Land,

(25) Regional Priorities for ICT.

8.5.3 Policy 1 refers to one of its core objectives as being (e) To improve economic

prosperity, employment opportunities and regional competitiveness”. The proposed

SEE will require major investment at the Application Site, in the order of £600 million,

involving a 30 month construction programme. SEEL is anticipating there will be

some employment opportunities for companies, both locally and regionally and will

undertake discussions with local training agencies, such as Boston College, with a

view to assisting in employment prospects. When operational, SEEL estimates that

around 15-20 jobs will be created as a result of sharing of resources with the existing

SECL power station. If the new plant were to operate independently, around 40 staff

would be required. If SEE is operated on a shared basis, equivalent full time (EfT)

jobs will be approximately:

- operational (full time) on site - 15-20 EfT jobs

- ongoing annual contractor time - 28 EfT jobs

- local additional spending – 13 EfT jobs.

The outcome of the above is that the proposed SEE will produce 56-61 EfT jobs,

however, a stand alone operation would produce around 81 EfT jobs.

8.5.4 Policy 5 concerns the strategy to be implemented in the Lincolnshire coastal districts,

including SHDC. The policy highlights that one of the issues to be addressed is

114

“regeneration needs, including social and economic factors”. Policy 18 requires local

authorities within the region to work with EMDA and others” to encourage and foster

the regional economy through implementing the Regional Economic Strategy” RES),

especially by raising skill levels and supporting businesses “so that the region is

better placed to maintain economic competitiveness”. As stated above, the proposed

SEE will contribute to the level of economic activity in Spalding. When commenting

on the Eastern Sub-area (including Spalding) the RES identifies key challenges,

which include relative economic peripherality, “reliance on weak local labour markets

characterised by high levels of casualisation and extensive use of temporary,

seasonal and migrant labour usually in low-skilled and low-paid occupations” and

relatively low levels of economic activity. The proposed investment by SEEL will

produce high quality long term jobs. The RES’s aim, in respect of energy and

resources is to “transform the way we use resources and use and generate energy to

ensure a sustainable economy, a high quality environment and lessen the impact on

climate change”. These issues have already been addressed in Section 8.2 of this

Statement on energy and climate change.

8.5.5 Policy 19 wants regeneration activity to be focussed on areas of greatest need,

including “economically lagging” rural areas, including South Holland. Policy 20

focuses on the development of priority sectors, improving regeneration of urban areas

and the needs of high technology and knowledge based industries. Policy 25

supports investment in information and communications technology (ICT), with

service improvement in broadband infrastructure, take up of ICT by business and

ensuring ICT provision is addressed at the design stage. As indicated above, the

proposed SEE involves major investment in Spalding; as a matter of design this will

include broadband provision.

Local

8.5.6 Objective 12 of the SHLP is to “locate new development to maximise accessibility to

jobs, services and cultural activity and to reduce the need for travel”. The proposed

SEE is within an area stipulated to be within Policy EC1 where planning permission

will be granted. In addition, it affords the prospect of using waste heat in a

sustainable way, which SEEL believes will benefit others.

Conclusion

8.5.7 The proposed SEE is a major economic investment in Spalding which will provide

high quality, well paid, skilled engineering and business jobs as well as related

contracting and business opportunities.

115

8.6 Associated Infrastructure, CHP and CCS

8.6.1 Information on Associated Infrastructure, CHP and CCS and the cumulative impact

with the proposed SEE is assessed in the ES at Chapter 15 ; it comprises:

- overhead transmission line

- gas pipeline and AGI

- combined heat and power (CHP)

- carbon capture storage (CCS).

A summary description of these developments is contained in the Statement at

Section 3.3 - 3.5.

8.6.2 The Associated Infrastructure is not part of this Application and therefore it is not

considered appropriate to undertake a planning assessment in the manner of

Sections 8.2-8.4. Those sections have considered development plan and other

policies (planning and energy) and it is reasonable to assume that certain of the

policies, already referred to, would be applicable. Both require at least part of the

works on the Application Site and with regard to CHP pipelines, these for the most

part, could be expected to run within the employment areas on the north side of

Spalding.

8.6.3 This statement highlights the various development plan and other policies and

considerations that are applicable to CHP. CHP will require works on the Application

Site as well as offsite. These offsite works will primarily be the CHP pipelines which

for the most part could be expected to run within the employment areas on the north

side of Spalding. As set out in this Statement and the CHP Assessment, any CHP

will contribute to fulfilling policies on energy and climate change and economic

development. It is an acceptable land use and as reported in the ES would not have

significant adverse effects on the environment.

8.6.4 This Statement however draws attention to the need to address CCR, which has

been mentioned in this Statement at 3.5.1/2, 4.2.10/11, 4.4.1, 5.1.3, 5.2.4, 7.3.16/17

and the CCR Report (Statement 3.5.1/2, 4.2.10) which has informed the EIA process.

There is an expectation in the DECC Energy Markets Outlook Report 2008 and

Ofgem Sustainable Development Report 2008 that CCS will have a role in future

116

electricity generation. At the European Parliament sitting on 17.12.08, it was agreed

that Article 34 on the draft directive on the geological storage of carbon dioxide,

should amend Directive 2001/80/EC on the limitation of emissions of certain

pollutants into the air from large combustion plants, so that all combustion plant of

300 MW or more licensed after the entry into force of the Directive will have to meet

certain CCR Criteria (Statement 3.5.1/2, 4.2.10/11).

8.6.5 The SEE CCR Report (Statement 3.5.2) concludes that it is technically feasible to

retrofit post-combustion CCS to the proposed SEE project, that there is sufficient land

for the installation of the CCS equipment and that it is technically feasible to transport

the CO2 by pipeline to a suitable location on the East Coast and to store CO2

offshore.

8.6.6 In respect of the economic feasibility of retrofit and transport, it is considered that

these aspects will become economically feasible at some point in the future given:

(1) the recent and likely future developments in CCS technology, much of which will

stem from the proposed carbon capture and storage competition to be funded by

DECC and the EU; (2) the likely long-term movements in the price of carbon; (3) the

proposed treatment in Phase III of the EU ETS of carbon which is emitted, captured

and stored; and in particular (4) the Government’s stated commitment to establishing

the necessary economic and regulatory framework for CCS.

117

9.0 CONCLUSIONS

9.01 The Application for the proposed SEE is for Section 36 Consent and deemed

planning permission to develop a 900 MW CCGT electricity generating station,

together with the potential for use of waste heat through provision for CHP and the

possible retrofit of CCS once it is commercially and technically proven.

9.02 The Application for the proposed SEE has been assessed by SEEL against the

following key issues:

- Energy and Climate Change

- Land Use

- Environment

- Economic Development

The issues of Associated Infrastructure, CHP and CCS have also been addressed.

Energy and Climate Change

9.03 The proposed SEE will advance both of the twin objectives of national policy, which

seek to minimise carbon emissions while maintaining security of energy supply.

9.04 There is a need for planned investment in substantial new generating capacity now,

so that it will be constructed and operating in time to replace existing plant that is

scheduled for closure and to allow for any demand growth, otherwise there is likely to

be insufficient generating capacity to meet energy needs.

9.05 Gas fired CCGT generating capacity, which is highly efficient, will continue to

contribute to Government’s strategy of competitive energy markets with an

appropriate cost of carbon and support for emerging low carbon technologies. This

CCGT power station can be built relatively quickly, helping to meet the significant

need for new generating capacity of around 4GW per annum.

9.06 Recent evidence published by DEFRA and Ofgem re-affirms that increased use of

gas for the generation of electricity has contributed to a reduction in CO2 emissions,

positioning gas as an enabler in the transition to a low carbon economy. This

contribution has been recognised by Government in its Energy White Paper 2007.

Land Use

9.07 The rationale for selecting the Application Site is that it is adjacent to the existing

SECL power station; the land is of a sufficient size, designated for employment use

118

and close to other industrial activities and located some distance from residential

areas – giving appropriate context. The Application Site, which was previously used

for a sugar beet factory and lagoons, has been derelict for more than a decade and

requires substantial remediation, which will be undertaken as part of the proposed

SEE.

9.08 The Application Site is accessible to existing electrical and gas infrastructure, to

which new infrastructure connections can be made due to favourable accessibility

and capacity. There is believed to be potential over time for the proposed SEE to

make waste heat available to other businesses and, possibly, the South Holland

Community Hospital in the vicinity. In addition, the proposed SEE wishes to use

some of SECL’s existing infrastructure.

9.09 The existing SECL power station has functioned since 2004; it has met the operating

conditions of its Environmental Permit and has maintained a dialogue with local

people through its community liaison group. The proposed SEE will similarly

contribute to employment and economic activity in Spalding.

Environment

9.10 The EIA process has not identified any environmental impacts from the proposed

SEE, either during construction or when operational, that will be unacceptable from a

planning perspective. In particular, the ES has reported that there will be no adverse

impacts on The Wash or Surfleet Lows.

9.11 Potentially adverse noise impacts will be proactively managed and reduced; the flood

risk associated with the development of the proposed SEE is negligible and

transportation impacts can be managed effectively. Design will be addressed through

dialogue and consultation with SHDC and other relevant stakeholders.

Economic Development

9.12 The proposed SEE represents a major economic investment in Spalding, which will

provide sustainable high quality, well paid, skilled engineering and business jobs as

well as related contracting and business opportunities, which is additional to the

inherent value in the provision of electricity generation for which there is an identified

need. SEEL will work with SHDC to investigate the feasibility of providing heat to

other businesses in Spalding.

119

Associated Infrastructure, CHP and CCS

9.13 Gas fired generating capacity is capable of being retrofitted with CCS, such that up to

90% of CO2 emissions may be capable of being captured when CCS is commercially

proven and technically proven on a large scale, as discussed in the Carbon Capture

Readiness Feasibility Study. As discussed above, the proposed SEE has the

potential to utilise waste heat.

Overall

9.14 The proposed SEE meets key planning policy at national, regional and local level.

DALTON WARNER DAVIS LLP

31st March 2009

Client

Scale Version Control

Project No DateDrawn by

SEEL

NTS

64C13376 CC March 2009

Figure 1.1Location of Proposed SEE Site

7ENVIRON UK Limited

7 Walker StreetEdinburgh EH3 7JYTel. +44(0)131 225 9899Fax.+44(0)131 220 3411

Reproduced from the Ordnance Survey with the permission of the controller HMSO Crown Copyright Reserved. Licence No. ES 100012174

N

Aberdeen

Glasgow

Edinburgh

Newcastle

Liverpool

Belfast

Dublin

Cork

York

BirminghamNorwich

London

Bristol

PlymouthNewquay

Cardiff

Spalding

Client

Scale

Project No

DefED & W

ard B

dy

Verna

tt's D

rain

WB

ED

& W

ard

Bdy

CC

LW

Mud

Mud

Mean H

igh Water

Mea

n H

igh

Wat

er

MLW

MLW

NTL

Mea

n H

igh

Wat

erRiv

er W

ella

nd

5.8m

5.8m

6.4m

Sluices

Pat

h (u

m)

Path (um)

WE

ST

MA

RS

H R

OA

D

El Sub Sta

El Sub Sta

El Sub Sta

El Sub Sta

DepotDepot

Drain

4.2m

CA

ME

L GA

TE

Park

West Car Park

North Car

ShoppingOutlet

Springfields

Centre

The Gables

El Sub Sta

Ppg Sta

El Sub Sta

Dromedary

Lodge

Tanks

BENNER ROAD

El Sub Sta

ElSubSta

Pond

Drain

Chimney

Chimney

Tank

SHO

TBOLT LANE

APPLE WAY

(Track)

(Track)

BowlingGreen

El Sub Sta

Electricity Generating Station

El Gen Sta

1

El Sub Sta

Power Station

Power Station

5

El Sub S

ta10

4

CC

LW

ED

& W

ard

Bdy

Mud

Mud

Riv

er W

ella

nd

Mea

n H

igh

Wat

er

Dra

in

4.5m

Tank

Pat

h (u

m)

WE

ST

MA

RS

H R

OA

D

MA

RS

H R

OA

D

Recycling Centre

Gas Valve Compound

Depot

Ornom House

Dra

in

BERVOR CLOSE

Garage

El Sub Sta

Sea B

ank

Def

Ward B

dy

CD

Drain

Drain

Verna

tt's D

rain

Pipe Line

Post

Platt's Brid

ge

Tank

AP

PLE

WA

Y

SH

OTB

OLT LA

NE

WARDENTREE LANE

Benner RoadIndustrial Estate

Depot

2

1

4

3

Power Station

Power Station

Depot

Bervor

Depot

CD

Mea

n H

igh

Wat

er

MLW

Drain

Out

fall

WE

ST M

AR

SH

RO

AD

Sewage Works

0m 50m 100m 150m

Spalding Energy Expansion 2544/C/1

© Crown Copyright 2009. All rights reserved. Licence number 100020449. Plotted Scale - 1:2500

Young woodlandYoung woodland

Hedge aroundbowling green

Rough grassland / scrub areaExisting trees

Existing trees

Existing trees

Existing trees

Existing trees

Repro

duce

d fro

m Or

dnan

ce S

urve

y digi

tal m

ap d

ata ©

Cro

wn co

pyrig

ht 20

08. A

ll righ

ts res

erved

. Lice

nce n

umbe

r 010

0031

673

0 100 200 M °

KeyProposed SEE Site Boundary

Figure 7.2Aerial Photograph

ClientProject No ScaleDate Version Control

@ A364C13376March 2009 7

1:3,750

Norloch House36 King's Stables RoadEdinburgh EH1 2EUTel. +44(0)131 222 3000Fax . +44(0)131 222 3030www.edaw.com

ENVIRON UK Limited

7 Walker StreetEdinburgh E 3 7JYHTel. +44(0)131 225 9899Fax.+44(0)131 220 3411

SEEL

Client

Scale Version Control

Project No DateDrawn by

SEEL

NTS

64C13376 RC March 2009

Figure 4.4Layout of Existing SECL Power Station

3ENVIRON UK Limited

7 Walker StreetEdinburgh EH3 7JYTel. +44(0)131 225 9899Fax.+44(0)131 220 3411

Client

Scale

Project No

Reproduced from Ordnance Survey digital map data Crown Copyright 2004. All rights reserved License Number 0100031673

**Note : Limits of deviation parameters for the Spalding Energy Expansion power station have been modelled using several coloured ‘development envelopes’ related to the function and height of each part of the plant. The envelopes are modelled at the maximum height of structures or buildings within each area and therefore represent a worse case scenario. The are to accommodate the taller stacks have been modelled with cylinders rising out of the development blocks in order to illustrate the proposed position and maximum dimensions of the stacks. The dashed area surrounding these cylinders shows the limits of deviation for the location of the stacks.

These envelopes have been used as the basis for visual modelling in the photomontages and the assessment of impacts. Colours are used to illustrate the different development envelopes and are not indicative of the colour of the plant. The actual colours of the proposed structures and buildings will be agreed with the Local Planning Authority to help minimise the visual impact of the development. Photomontages do not illustrate the proposed landscape planting which may further reduce visibility of the development.

Spalding Expansion Project-P:\2008\8423795_00\PRODUCTION\GRAPHICS\090204_LVA-ParameterMontages-rev1and2\090330-LVA-ViewParametersPlan-Rev4

Spalding Energy Expansion

Existing SECL Power Station

FIGURE 7.6 : Parameter Block Model Layout

Client: SEELSpalding Energy ExpansionLandscape and Visual Assessment Date: March 2009

Version Control: 4

Drawn by: LCTProject No: 64C13376

Scale: NTS

Spalding Energy ExpansionSpa

PRODUCED BY

DRAWN BY

APPROVED

CHECKED

Tel: 44-(0191) 2261234 Fax: 44-(0191) 2262345

C Copyright Parsons Brinckerhoff

DRAWING NUMBER

Amber Court, William Armstrong Drive, Newcastle upon Tyne, NE4 7YQ

SCALE

CAD REF

DATE

TITLE

PROJECT

CLIENT

THIS DRAWING WAS PRODUCED USING AUTOCADAND SHOULD ON NO ACCOUNT BE AMENDED BY HAND

REV DATE BY APPDCHKD

NOTES

PRODUCED BY

DRAWN BY

APPROVED

CHECKED

Tel: 44-(0191) 2261234 Fax: 44-(0191) 2262345

C Copyright Parsons Brinckerhoff

DRAWING NUMBER

Amber Court, William Armstrong Drive, Newcastle upon Tyne, NE4 7YQ

SCALE

CAD REF

DATE

TITLE

PROJECT

CLIENT

THIS DRAWING WAS PRODUCED USING AUTOCADAND SHOULD ON NO ACCOUNT BE AMENDED BY HAND

REV DATE BY APPDCHKD

NOTES

PRODUCED BY

DRAWN BY

APPROVED

CHECKED

Tel: 44-(0191) 2261234 Fax: 44-(0191) 2262345

C Copyright Parsons Brinckerhoff

DRAWING NUMBER

Amber Court, William Armstrong Drive, Newcastle upon Tyne, NE4 7YQ

SCALE

CAD REF

DATE

TITLE

PROJECT

CLIENT

THIS DRAWING WAS PRODUCED USING AUTOCADAND SHOULD ON NO ACCOUNT BE AMENDED BY HAND

REV DATE BY APPDCHKD

NOTES

7 Walker Street, Edinburgh EH3 7JY, UK Tel: +44 (0)131 225 9899 Fax: +44 (0)131 220 3411 www.environcorp.com

Registered in England No. 2331163 Registered Office: 6 More London Place London SE1 2DA

MEMORANDUM TO: Chris Hayes; Dean Rezzougui CC: Neil Anderson; Keith Dalton; Nathan Swankie FROM: Adam Fitchet DATE: 16/03/09 FILE REF: M_64C13376_06_River Welland Enhancements SUBJECT: SEE Off-Site Mitigation _River Welland

Annual cutting of Reeds on rotation

In order to promote vigorous regrowth of the common reed each spring, a programme of hand cutting of the reeds could be undertaken each winter. In order to prevent whole sale removal of the reeds each winter only small sections would be cut each year giving a mosaic of old and new growth and ensuring that sufficient habitat remains for species such as water vole and otter as well as overwintering invertebrates.

Enhancement of reedbeds

Measures to enhance the existing reed bed will be investigated. Areas of the bank with little or no reed cover could be planted with common reed seeds or rhizomes to create a larger and more cohesive reedbed unit. The possibility of adding new emergent vegetation species to increase diversity will also be considered. This would benefit water vole, otter, bird species and the numerous invertebrates which inhabit the reeds.

Removal of Japanese Knotweed

The small patch of Japanese Knotweed present on the top of the bank on the west bank of the River Welland will be removed to prevent its spread into the reeds. As yet, the best approach to its removal is unknown; however a combination of cutting and spraying is likely to be needed.

Litter removal

A biannual programme of litter removal from within the reedbeds will be undertaken. Much of the litter is washed into the reeds from the tidal Welland, however, it piles up in particular locations, such as around sluice gates. A number of bins at key locations could also be provided to discourage walkers using the banks from littering.

Bird Boxes for reedbed birds

The common reeds along the River Welland provide some habitat for passerine bird species such as reed and sedge warblers. However, given the limited area of reeds, nesting locations may be a limiting factor for species. Shown in the picture is an example of a bearded tit/reedling nest box as used by the RSPB at many of their wetland reserves in East Anglia. The creation of similar structures in the reeds adjacent to the Welland may enhance the habitat for birds, if not necessarily for bearded tits which often require larger expanses of reedbed.

Bat Boxes

Although, the River Welland corridor contains limited tree cover close to the proposed SEE site, there is a reported population of Daubenton’s Bat which use the River for foraging. An unconfirmed report of bats roosting at Platt’s Bridge over Vernatt’s Drain exists. The provision of a number of bat roost boxes under the road bridge may provide roosting locations for this species of bat. The image shows a woodcrete Schwegler 2F Bat Box with double front panel, which is known to be a good box to supply for Daubenton’s bats as it mimics the crevices commonly used by the species.

Interpretation

A number of interpretative signs describing the wildlife found along the Welland as well as the efforts made to enhance it for wildlife could be provided at key points along the bank sides where members of the public typically go.

ENVIRON UK Limited

7 Walker StreetEdinburgh E 3 7JYHTel. +44(0)131 225 9899Fax.+44(0)131 220 3411

Client: SEEL

Scale: NTS Drawn By: AF Date: 16/03/09

Project No: 64C13376 Version Control: A

±

MEMORANDUM TO: Keith Dalton CC: Nathan Swankie FROM: Adam Fitchet DATE: 3 Feb 2009 FILE REF: M_64C13376_03_AF SUBJECT: SEE Off-site Ecological Mitigation

Artificial otter holt

It is planned to create an artificial otter holt somewhere along the Vernatt’s Drain corridor adjacent to the development. A suitable site would need to be confirmed and a holt would only be created if it were possible to ensure that it would not be subject to significant disturbance. This may be possible by screening the holt with native shrub planting such as hawthorn or buckthorn. Bat Boxes

There is potential to offset the loss of potential roosting locations on the site and enhance the site by making it more attractive to bat species. The two main factors affecting a site’s suitability for bat species are food and places of shelter. Prey species, in the form of insects, are abundant along the watercourses bordering the site. New places of shelter will be provided by positioning bat boxes on some of the mature trees along the watercourse as indicated by note on the attached figure. A variety of boxes to accommodate a range of species will be placed. Bird Boxes

The limiting factors for birds using the proposed SEE site will be availability of food and suitable nesting locations. Many bird species are declining in numbers, including previously common species such as house sparrow which has seen a 65% drop in population in the period 1977-2006. Boxes for a variety of species of passerine birds such as tits and finches will be placed on the mature trees bordering Vernatts drain.

7 Walker Street, Edinburgh EH3 7JY, UK Tel: +44 (0)131 225 9899 Fax: +44 (0)131 220 3411 www.environcorp.com

Registered in England No. 2331163 Registered Office: 6 More London Place London SE1 2DA

Sand Martin/Kingfisher Nest Bank

Opportunities will be provided for both common kingfisher and sand martin along Vernatt’s Drain. Both species nest in holes in sandy banks; some possible kingfisher holes were recorded and a large sand martin colony is known to exist approximately 1.5km upstream of the site. It is proposed to provide artificial nesting locations for these species in the bank either by creating a new section of bank or by placing a number of artificial nest tunnels into the existing bank. Additionally, it is planned to carry out the following measures: Annual management work will be undertaken to remove the encroaching bramble and field bindweed from the reedbed areas along the eastern bank of Vernatt’s Drain, thereby enhancing the habitat quality for species such as water vole. This will be undertaken outside the breeding bird season in order to avoid disturbing any breeding wildfowl. Where possible, this will be carried out from a boat in the channel to avoid disturbing the banks where water voles are suspected to exist. Access into the wetland vegetation which borders Vernatt’s Drain will be managed with clearly demarcated angling points created and signed thereby avoiding trampling of other areas of emergent vegetation. The small patch of Japanese knotweed on the bank of the River Welland adjacent to the site will be treated and removed in order to prevent its spread further along the watercourse or into the development site.

ENVIRON UK Limited

7 Walker StreetEdinburgh E 3 7JYHTel. +44(0)131 225 9899Fax.+44(0)131 220 3411

Client: InterGen Uk LtdNot to Scale Drawn By: AF Date: 03/02/0964C13376 Version Control: 1

-1-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

East Midlands Regional Plan, March 2009

Policy Number Policy - Written Policy 1 Regional Core Objectives

To secure the delivery of sustainable development within the East Midlands, all strategies, plans and programmes having a spatial impact should meet the following core objectives: a) To ensure that the existing housing stock and new affordable and market housing address need and extend choice in all communities in the region. b) To reduce social exclusion through: - the regeneration of disadvantaged areas, - the reduction of inequalities in the location and distribution of employment, -housing, health and other community facilities and services, and by; - responding positively to the diverse needs of different communities. c) To protect and enhance the environmental quality of urban and rural settlements to make them safe, attractive, clean and crime free places to live, work and invest in, through promoting: - ‘green infrastructure’; - enhancement of the ‘urban fringe’; - involvement of Crime and Disorder Reduction Partnerships; and - high quality design which reflects local distinctiveness. d) To improve the health and mental, physical and spiritual well being of the Region's residents through improvements in: - air quality; - ‘affordable warmth’; - the availability of good quality housing; and - access to health, cultural, leisure and recreation facilities and services. e) To improve economic prosperity, employment opportunities and regional competitiveness through: - the improvement of access to labour and markets; and - ensuring that sufficient good quality land and premises are available to support economic activity in sectors targeted for growth by the Regional Economic Strategy. f) To improve accessibility to jobs, homes and services through the: - promotion and integration of opportunities for walking and cycling; - promotion of the use of high quality public transport; and - encouragement of patterns of new development that reduce the need to travel especially by

-2-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

car. g) To protect and enhance the environment through the: - protection, enhancement, sensitive use and management of the Region’s natural cultural and historic assets, giving particular attention to designated sites of international importance; - avoidance of significant harm and securing adequate mitigation or compensation for any unavoidable damage; -reducing the amount of waste produced and increasing the amount recycled or otherwise beneficially managed; and - recognition of the limits to the capacity of the environment to accept further development without irreversible damage. h) To achieve a ‘step change’ increase in the level of the Region’s biodiversity through: - the management and extension of habitats, both to secure net gains in biodiversity and to facilitate species migration to allow the biosphere to adapt to climate change; and -ensuring that no net loss of priority habitats or species is allowed to occur. i) To reduce the causes of climate change by minimising emissions of C02 in order to meet the national target through: - maximising ‘resource efficiency’ and the level of renewable energy generation; - making best use of existing infrastructure; - promoting sustainable design and construction; and - ensuring that new development, particularly major traffic generating uses, is located so as to reduce the need to travel, especially by private car.

j) To reduce the impacts of climate change , in particular the risk of damage to life and property from flooding and sea level change and the decline in water quality and resources. This will be achieved through the location, design and construction of new development in ways that include: - reducing the build up of heat island effects in urban areas; - providing carbon sinks; and - providing sustainable drainage and managing flood water. k) To minimise adverse environmental impacts of new development and promote optimum social and economic benefits through the promotion of sustainable design and construction techniques.

Policy 2 Promotin g Better Design The layout, design and construction of new development should be continuously improved, including in terms of reducing CO2 emissions and providing resilience to future climate change, by: - design led approaches which take account of local natural and historic character; - minimising energy use, reducing the heat impact of urban areas, using sensitive lighting,

-3-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

improving water efficiency, providing for sustainable drainage (SUDS) and management of flood water, reducing waste and pollution, securing energy from decentralised and renewable or low carbon energy technologies, incorporating sustainably sourced and recycled materials wherever possible, and considering building orientation at the start of the design process; - ensuring that all urban extensions that require an Environmental Impact Assessment achieve the highest viable levels of building sustainability; - making the most efficient use of land; - locating and designing access from new development to local facilities on foot, by cycle or by public transport; - highway and parking design that improves both safety and the quality of public space; - design which helps to reduce crime and the fear of crime, supports community safety, promotes vitality, maintains amenity and privacy, and benefits the quality of life of local people; and - taking account of the need to develop carbon sinks and ‘green infrastructure’ networks and provide for access to open space and the enhancement of biodiversity and landscape quality.

Policy 3 Dist ribution of New Development Development and economic activity should be distributed on the following basis: a) new development will be concentrated primarily in and adjoining the Region’s five Principal Urban Areas (PUAs), the built up areas centred on Derby, Leicester, Lincoln, Northampton and Nottingham; b) significant levels of new development should also be located in the three growth towns of Corby, Kettering and Wellingborough; c) appropriate development of a lesser scale should be located in the Sub-Regional Centres (SRCs), i.e.in the: - Eastern Sub-area: Boston, Grantham and Spalding; - Northern Sub-area: Chesterfield, Mansfield-Ashfield, Newark and Worksop; - Southern Sub-area: Daventry; - Three Cities Sub-area: Coalville, Hinckley, Hucknall, Ilkeston, Loughborough, Market Harborough, Melton Mowbray and Swadlincote; d) The development needs of other settlements and rural areas should also be provided for. New development in these areas should contribute to: - maintaining the distinctive character and vitality of rural communities; - shortening journeys and facilitating access to jobs and services; - strengthening rural enterprise and linkages between settlements and their hinterlands; and - respecting the quality of tranquillity, where that is recognised in planning documents; In assessing the suitability of sites for development priority should be given to making best use of previously developed land and vacant or under-used buildings in urban or other sustainable locations, contributing to the achievement of a regional target of 60% of additional dwellings on

-4-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

previously developed land or through conversions. In applying this policy the influence of major urban areas outside the Region should also be taken into consideration, particularly those fulfilling the role of PUAs for parts of the East Midlands, i.e. Peterborough, South Yorkshire and Greater Manchester, where policies in regional strategies for neighbouring regions will be relevant.

Policy 4 Development in the Eastern Sub-area Development in the Eastern Sub-area should: - significantly strengthen the role of Lincoln as one of the Region’s five Principal Urban Areas in accordance with the policies and proposals in the Lincoln Policy Area SRS in Section 4.4; - ensure that the agreed Growth Point Programmes of Delivery at Lincoln and Grantham are achieved both in overall numbers of dwellings and in the agreed phasing of development; - consolidate and where appropriate strengthen the Sub-Regional Centres of Boston, Grantham and Spalding; - maintain and enhance the roles of the defined Main and Small Towns as locally significant service and employment centres through the protection of existing retail and community facilities, and sustainably located new housing and local employment generating development; - regenerate the towns of Gainsborough, Mablethorpe and Skegness; strengthen the role of the food production and distribution industry; - continue to promote sustainable tourism in historic settlements, including Lincoln and Stamford, and consolidate and diversify the holiday industry at existing coastal settlements, particularly Skegness and Mablethorpe; - promote sustainable patterns of development in those parts of the Sub-area bordering major urban areas in other regions, in particular Peterborough; - protect the landscape and natural beauty of the Lincolnshire Wolds AONB; - protect and enhance the natural and historic environment of the coastal margin including the Wash and Humber Estuary Special Protection Areas, and the Saltfleetby-Theddlethorpe Dunes Special Area of Conservation; and - protect and enhance the Rutland Water Special Protection Area and Grimsthorpe and Baston Fen Special Areas of Conservation.

Policy 5 Strategy for Lincolnshire Coastal Districts A strategy will be agreed between the Regional Planning Body, the three Lincolnshire coastal districts (East Lindsey, Boston and South Holland), Lincolnshire County Council, the Environment Agency and other relevant regional organisations. This will consider primarily: - flood risk and flood defence works; - housing needs; - regeneration needs, including social and economic factors; - other infrastructural needs; and

-5-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

- the protection of the integrity of designated nature conservation sites of international importance. The strategy should also consider how any infrastructure will be funded and the timing of such works. New housing and other new development will need to be carefully phased in accordance with the provision of necessary new infrastructure. The agreed strategy will form part of the next RSS review and if agreed before the adoption of the next review it will form a guide to the preparation of local development documents in the three districts until the regional strategy is rolled forward.

Policy 6 Overcoming Peripherality in the Eastern Sub-area Peripherality and lack of accessibility in the central and eastern parts of the Sub-area should be addressed through: - a programme of infrastructure improvements that concentrates on public transport and road improvements in existing key transport corridors; - improved connections both between the Region and its ports and between its ports and mainland Europe; and improvements to its telecommunications networks; and - multi-modal accessibility improvements both within and beyond the Sub-area.

Policy 18 Regional Priorities for the Economy Local authorities in all parts of the region should work together with emda and other organisations with relevant responsibilities to encourage and foster the regional economy through implementing the Regional Economic Strategy. It will be especially important to raise skill levels, develop the service sector and high value manufacturing and create innovative businesses, so that the region is better placed to maintain economic competitiveness.

Policy 19 Regional Priorities for Regeneration Regeneration activity should be focussed on areas of greatest identified need. These include: - the Region's Principal Urban Areas and Sub-Regional Centres that exhibit very high and concentrated levels of deprivation; - the Northern Sub-area, with its concentration of economic, social and environmental problems linked to the decline of the coal industry; - ‘economically lagging’ rural areas identified by the Government’s Rural Strategy, including the districts of East Lindsey, West Lindsey, South Holland, Bolsover, High Peak and the more rural parts of Derbyshire Dales, Bassetlaw and Newark and Sherwood; - the towns of Gainsborough, Mablethorpe and Skegness; and - other settlements which display high levels of deprivation including Corby which is also designated as a Growth Town in Policy 3. For regeneration to be successful concerted action is needed across the whole spectrum of local governance and local development documents should translate this into the action required locally. In addition regeneration of all priority areas must conform with the strategy of urban concentration set out in Policy 3.

-6-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

Policy 20 Regional Priorities for Employment Land Local authorities, emda and sub-regional strategic partnerships should work together in housing market area groupings to undertake and keep up to date employment land reviews to inform the allocation of a range of sites at sustainable locations. These allocations will: - be responsive to market needs and the requirements of potential investors, including the needs of small businesses; - encourage the development of priority sectors as identified in the Regional Economic Strategy, namely transport equipment, food and drink, healthcare and construction as well as specific sectors which have local economic significance; - serve to improve the regeneration of urban areas; - ensure that the needs of high technology and knowledge based industries are provided for; - promote diversification of the rural economy; - assist the development of sites in the Priority Areas for Regeneration; and - be of a scale consistent with the essential policy of urban concentration as set out in Policy 3.

Policy 25 Regional Priorities for ICT Local Authorities and Sub-Regional Strategic Partnerships should work with the private sector and relevant public bodies to: - improve progressively the level of service from existing broadband infrastructure; - promote the take up and use of ICT by businesses, and the public and voluntary sectors; and - ensure that ICT provision for new development is considered at the design stage.

Policy 26 Protecting and Enhancing the Region’s Natural and Cultural Heritage Sustainable development should ensure the protection, appropriate management and enhancement of the Region’s natural and cultural heritage. As a result the following principles should be applied: - the Region’s internationally and nationally designated natural and historic assets should receive the highest level of protection; - neither direct nor indirect damage to EU designated Natura 2000 sites will be permitted; - damage to natural and historic assets or their settings should be avoided wherever and as far as possible, recognising that such assets are usually irreplaceable; - unavoidable damage must be minimised and clearly justified by a need for development in that location which outweighs the damage that would result; - unavoidable damage which cannot be mitigated should be compensated for, preferably in a relevant local context, and where possible in ways which also contribute to social and economic objectives; - there should be a net increase in the quality and active management of natural and historic assets across the Region in ways that promote adaptation to climate change, and an increase in

-7-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

the quantity of environmental assets generally; and - the Region’s best and most versatile agricultural land should be protected from permanent loss or damage.

Policy 27 Regional Priorities for the Historic Environment The historic environment should be understood, conserved and enhanced, in recognition of its own intrinsic value, and its contribution to the Region’s quality of life. Across the Region and particularly in areas where growth or regeneration is a priority, development should promote sensitive change of the historic environment. To achieve this, Local Planning Authorities should: - identify and assess the significance of specific historic assets and their settings; - use characterisation to understand their contribution to the landscape or townscape in areas of change; - encourage the refurbishment and re-use of disused or under-used buildings of some historic or architectural merit and incorporating them sensitively into regeneration schemes; - promote the use of local building materials; and - recognise the opportunities for enhancing existing tourism attractions and for developing the potential of other areas and sites of historic interest as part of Green Infrastructure, having regard to potential impacts on biodiversity.

Policy 28 Regional Priorities for Environmental and Green Infrastructure Local Authorities, statutory environmental bodies and developers should work with the voluntary sector, landowners and local communities to ensure the delivery, protection and enhancement of Environmental Infrastructure across the Region. Such infrastructure should contribute to a high quality natural and built environment and to the delivery of sustainable communities. Local Authorities and those responsible for the planning and delivery of growth and environmental management across the Region should work together to: - assess the capacity of existing Environment Infrastructure to accommodate change in order to inform decisions on the scale, location and phasing of new development. Account should be taken of current deficits and likely future demands, including those likely to result from climate change, to identify any further needs or constraints; - select appropriate indicators and targets to monitor the condition of Environmental Infrastructure and to ensure that its capacity to accommodate change is not breached; - ensure that the provision and design of new Environmental Infrastructure is considered and its delivery planned through environmental capacity analysis at the same time as other infrastructure requirements; - within Local Development Frameworks develop ‘green infrastructure plans’ based on character assessments of existing natural, cultural and landscape assets and the identification of new assets required to meet the needs of existing and expanding communities; - increase access to green space that can be used for formal and informal recreation, educational purposes and to promote healthy lifestyles, without increasing pressures on sensitive sites, especially those designated under the European Habitats Directive; and

-8-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

- identify delivery and funding mechanisms for the creation and future management of Green Infrastructure, including from the planning system and other funding sources such as EU funded Environmental Stewardship Schemes.

Policy 29 Priorities for Enhancing the Region’s Biodiversity Local Authorities, statutory environmental bodies and developers should work with the voluntary sector, landowners and local communities to implement the Regional Biodiversity Strategy, and to deliver a major step change increase in the level of biodiversity across the East Midlands. Measures should include the: - achievement of the East Midlands regional contribution towards the UK Biodiversity Action Plan targets as set out in Appendix 3; - establishment of large scale habitat creation projects in the biodiversity conservation and enhancement areas illustrated in Diagram 6; - establishment of a regional project to promote the re-creation of key wildlife habitats in each Natural Area in the East Midlands; - creating, protecting and enhancing networks of semi-natural green spaces in urban areas; - creating, protecting and enhancing features of the landscape which act as corridors and ‘stepping stones’, essential for the migration and dispersal of wildlife; - development and implementation of mechanisms to ensure that development results in no net loss of BAP habitats and species, particularly for restricted habitats with special environmental requirements, and that net gain is achieved; and - development and maintenance of appropriate data to monitor and report on regional targets, BAPs and BCAs/BEAs.

Policy 31 Priorities for the Management and Enhancement of the Region’s Landscape The Region’s natural and heritage landscapes should be protected and enhanced by: - the promotion of the highest level of protection for the nationally designated landscapes of the Peak District National Park and the Lincolnshire Wolds Area of Outstanding Natural Beauty; - the promotion of initiatives to protect and enhance the particular character of the Sherwood, Charnwood and Rockingham Forests; - the establishment of criteria-based policies in Local Development Frameworks to ensure that development proposals respect intrinsic landscape character in rural and urban fringe areas, including, where appropriate, recognition of the value of tranquillity and dark skies; and - the identification in Local Development Frameworks of landscape and biodiversity protection and enhancement objectives through the integration of Landscape Character Assessments with historic and ecological assessments. Where not already in place, Local Authorities should prepare Landscape Character Assessments to inform the preparation of Local Development Frameworks. These can also be used to develop Supplementary Planning Documents.

Policy 32 A Regional Approach to Water Resources and Water Quality Local Authorities, developers, water companies, the Environment Agency and other relevant public bodies should work together to:

-9-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

- take water related issues into account at an early stage in the process of identifying land for development and in the phasing and implementation of development, e.g by undertaking water-cycle studies; - ensure timely provision of appropriate additional infrastructure for water supply and wastewater treatment to cater for the levels of development provided for in this plan, whilst meeting surface and groundwater quality standards and avoiding adverse impacts on designated sites of nature conservation of international importance; - assess the scope for reducing leakage of public water supply from current levels; - promote improvements in water efficiency in new development and in regeneration to achieve a regional target of 25% (equivalent to an average saving of about 35 litres per person per day); - reduce unsustainable abstraction from watercourses and aquifers to sustainable levels; - protect and improve water quality and reduce the risk of pollution especially to vulnerable groundwater; - make provision for the development of new water resources where this represents the most sustainable solution to meeting identified water resource requirements, taking account of predictions of future climate change; - use sustainable drainage techniques wherever practical to help mitigate diffuse pollution and support groundwater recharge. These will be required where development is upstream of a designated nature conservation site of international importance or to improve water quality, where the need is demonstrated through water cycle studies; - support water conservation measures such as winter storage reservoirs on agricultural land; and - ensure that sewage treatment capacity is sufficient to meet the needs of development and that, where necessary improvements are in place so that development does not compromise the quality of discharged effluent.

Policy 33 Regional Priorities for Strategic River Corridors The natural and cultural environment of the Strategic River Corridors of the Nene, Trent, Soar, Welland, Witham and Derwent, along with their tributaries, and rivers which contribute to river corridors of a strategic nature in adjoining Regions, should be protected and enhanced. Local Authorities and other relevant public bodies should work together across regional boundaries to protect and enhance the multi-functional importance of strategic river corridors as part of the Region’s Green Infrastructure, including for wildlife, landscape and townscape, regeneration and economic diversification, education, recreation, the historic environment including archaeology, and managing flood risk.

Policy 34

Priorities for the Management of the Lincolnshire Coast Local Authorities and the other relevant public bodies should identify arrangements for effective co-operation to manage the Lincolnshire Coast. They should promote the development of coastal zone management plans to help achieve an integrated approach to coastal management, including North East Lincolnshire in the adjacent Region of Yorkshire and the Humber. Any development along the Lincolnshire Coast requiring coastal location should be located primarily in existing urban areas and in ways that protect and enhance the natural and cultural

-10-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

heritage.

Policy 35 A Regional Approach to Managing Flood Risk Local Development Frameworks and the strategies of relevant public bodies should take account of the potential impact of climate change on flooding and land drainage. In particular, they should: - be informed by Strategic Flood Risk Assessments in order to evaluate actual flood risk. Priority areas for assessment include the built up areas of Derby, Nottingham and Newark; - include policies which prevent inappropriate development either in, or where there would be an adverse impact on, the coastal and fluvial floodplain areas; - deliver a programme of flood management schemes that also maximize biodiversity, provide townscape enhancement and other public benefits; and - require sustainable drainage in all new developments where practicable. Development should not be permitted if, alone or in conjunction with other new development, it would: - be at unacceptable risk from flooding or create such an unacceptable risk elsewhere; - inhibit the capacity of the floodplain to store water; - impede the flow of floodwater in a way which would create an unacceptable risk elsewhere; - have a detrimental impact upon infiltration of rainfall to ground water storage; - otherwise unacceptably increase flood risk; and interfere with coastal processes. However, such development may be acceptable on the basis of conditions or agreements for adequate measures to mitigate the effects on the overall flooding regime, including provision for the maintenance and enhancement of biodiversity. Any such measures must accord with the flood management regime for that location.

Policy 36 Regional Priorities for Air Quality Local Development Frameworks and the strategies of relevant public bodies should: - contribute to reducing air pollution in the region; - consider the potential effects of new developments and increased traffic levels on air quality; and - consider the potential impacts of new developments and increased traffic levels on internationally designated nature conservation sites, and adopt mitigation measures to address these impacts.

Policy 38 Regional Priorities for Waste Management All relevant public and private sector organisations, including manufacturing, importing and packaging firms, should work together to implement the Regional Waste Strategy and promote policies and proposals that will result in zero growth in all forms of controlled waste by 2016 and waste being treated higher up in the ‘waste hierarchy’ set out in the National Waste Strategy

-11-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

(Waste Strategy for England 2007). All Waste Collection Authorities and Waste Disposal Authorities should achieve a minimum target for the recycling and composting of Municipal Solid Waste of 30% by 2010 and 50% by 2015. Waste Planning Authorities, with the exception of the Peak District National Park Authority, should make provision in their Waste Development Frameworks for waste management capacity equal to the amount of waste generated and requiring management in their areas, using the apportionment data set out in Appendix 4, subject to further research and analysis as part of the annual monitoring process and recognition of the particular operational and locational requirements of individual waste process technologies. In the Eastern Sub-area, the future pattern of provision should combine larger facilities in and around Lincoln and the Sub-Regional Centres, with a dispersed pattern of smaller facilities in the more rural areas. In the Northern Sub-area, the broad pattern of facilities should combine a centralised strategy of larger facilities on previously used land (including former colliery land) with the expansion of existing facilities. In the Peak Sub-area, especially related to larger settlements outside the Peak District National Park, small-scale facilities serving the Sub-area's needs should be accommodated, where these would not have a significant adverse effect on the environment and local communities or conflict with the National Park's statutory purposes. In the Southern Sub-area, there should be a centralised pattern based around the expanding urban centres. In the Three Cities Sub-area a centralised pattern of large facilities should be developed. All other Development Frameworks should provide for the minimisation of waste in the construction of and operation of new development, and encourage on-site waste management facilities. Waste development plan documents should secure high standards of restoration and, where appropriate, the aftercare of waste management facilities to contribute to the objectives of the regional spatial strategy, particularly those relating to biodiversity, recreation and amenity. Waste facilities should also be sited to avoid the pollution or disturbance of designated nature conservation sites of international importance. Increased traffic levels on roads near to sensitive sites should also be avoided.

Policy 39 Regional Priorities for Energy Reduction and Efficiency Local Authorities, energy generators and other relevant public bodies should: - promote a reduction of energy usage in line with the ‘energy hierarchy’;and - develop policies and proposals to secure a reduction in the need for energy through the location of development, site layout and building design.

Policy 40 Regional Priorities for Low Carbon Energy Generation Local Authorities, energy generators and other relevant public bodies should promote: - the development of Combined Heat and Power (CHP) and district heating infrastructure necessary to achieve the regional target of 511 MWe by 2010 and 1120 MWe by 2020; and

-12-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

- the development of a distributed energy network using local low carbon and renewabl resources. In order to help meet national targets low carbon energy proposals in locations where environmental, economic and social impacts can be addressed satisfactorily should be supported. As a result, Local Planning Authorities should: - safeguard sites for access to significant reserves of coal mine methane; - identify suitable sites for CHP plants well related to existing or proposed development and encourage their provision in large scale schemes; - consider safeguarding former power station and colliery sites for low carbon energy generation; - support the development of distributed local energy generation networks; and - develop policies and proposals to achieve the indicative regional targets for renewable energy set out in Appendix 5. In establishing criteria for onshore wind energy, Local Planning Authorities should give particular consideration to: - landscape and visual impact, informed by local Landscape Character Assessments; - the effect on the natural and cultural environment (including biodiversity, the integrity of designated nature conservation sites of international importance, and historic assets and their settings); - the effect on the built environment (including noise intrusion); - the number and size of turbines proposed; - the cumulative impact of wind generation projects, including ‘intervisibility’; - the contribution of wind generation projects to the regional renewables target; and - the contribution of wind generation projects to national and international environmental objectives on climate change. In establishing criteria for new facilities required for other forms of renewable energy, Local Planning Authorities should give particular consideration to: - the proximity to the renewable energy resource; - the relationship with the existing natural and built environment; - the availability of existing surplus industrial land in close proximity to the transport network; and - the benefits of grid and non grid connected ‘micro-generation’.

Policy 41 Regional Priorities for Culture, Sport and Recreation Local Authorities and Strategic Sub-Regional Partnerships should work with local communities to develop ‘cultural infrastructure plans’ to inform Local Development Frameworks and other relevant plans and strategies. These should specify: - key elements of cultural provision, including assets needing refurbishment, relocation of facilities and new provision;

-13-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

- standards and costs for provision, including quality standards, and the sources of and potential sources of funding, including from the planning system. Local Authorities should also work with County based Sport Partnerships, Sport England and other relevant bodies to ensure that there is adequate provision of sports and recreational facilities consistent with the priorities for urban and rural areas outlined in Policy 3, and the relevant Sub-area policies under Section 2.4. Where appropriate, there should be joint working across administrative borders to ensure that identified need is met in the most effective manner. Particular attention should be given to ensuring the Region maximises the benefits arising from the London 2012 Olympics.

Policy 43 Regional Transport Objectives The development of transport infrastructure and services across the Region should be consistent with the following Objectives: 1. To support sustainable development in the Region’s Principal Urban Areas, Growth Towns and Sub-Regional Centres described in Policy 3; 2. To promote accessibility and overcome peripherality in the Region’s rural areas;. 3. To support the Region’s regeneration priorities outlined in Policy 19;. 4. To promote improvements to inter-regional and international linkages that will support sustainable development within the Region; 5. To improve safety across the Region and reduce congestion, particularly within the Region’s Principal Urban Areas and on major inter-urban corridors; 6. To reduce traffic growth across the Region; and 7. To improve air quality and reduce carbon emissions from transport by reducing the need to travel and promoting modal shift away from the private car, (particularly towards walking, cycling and public transport and away from other road based transport) and encouraging and supporting innovative transport technologies.

Policy 44 Sub-area Transport Objectives The development of transport infrastructure and services in each Sub-area should also be consistent with the following Objectives: i) Eastern Sub-area E1 To develop the transport infrastructure, public transport and services needed to support Lincoln’s role as one of the Region’s five Principal Urban Areas in a sustainable manner. E2 To develop opportunities for modal switch away from road based transport in the nationally important food and drink sector. E3 To make better use of the opportunities offered by existing ports, in particular Boston, for all freight movements, and improving linkages to major ports in adjacent Regions such as Grimsby, Immingham and Felixstowe. E4 To improve access to the Lincolnshire Coast, particularly by public transport. E5 To reduce peripherality, particularly to the east of the A15, and overcoming rural isolation for those without access to a private car. E6 To reduce the number of fatal and serious road traffic accidents.

-14-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

ii) Northern Sub-area N1 To develop the transport infrastructure, public transport, and services needed to improve sustainable access from traditional communities to jobs and services in adjacent urban centres such as Chesterfield, Mansfield-Ashfield, Newark and Worksop. N2 To make best use of the existing rail infrastructure and proximity to the strategic road network to develop new opportunities for local jobs in the storage and distribution sector. N3 To reduce congestion and improve safety along the M1 corridor. N4 To overcome the problems of rural isolation for those without access to a private car. N5 To improve surface access, particularly by public transport, to Robin Hood Airport near Doncaster. iii) Peak Sub-area P1 To develop opportunities for modal shift away from road based transport including for the quarrying and aggregates sector. P2 To overcome the problems of rural isolation for those without access to a private car, particularly in the National Park itself. P3 To improve transport linkages to the North West Region and the rest of the East Midlands, particularly by public transport, whilst having due regard to the statutory purposes of the Peak District National Park. iv) Southern Sub-area S1 To develop the transport infrastructure and public transport services needed to accommodate major planned housing and employment growth consistent with the Milton Keynes and South Midlands Sub-Regional Spatial Strategy in a sustainable manner, particularly by encouraging walking and cycling. S2 To develop the transport infrastructure and services needed to support Northampton’s role as one of the Region’s five Principal Urban Areas in a sustainable manner. S3 To develop the transport infrastructure and services needed to support the regeneration of Corby as a place to both live and work in a sustainable manner. S4 To develop opportunities for modal switch away from road based transport in the nationally important freight distribution sector. S5 To improve access to the East Coast Ports of Felixstowe and Harwich, particularly by rail. v) Three Cities Sub-area T1 To reduce the use of the car in and around Nottingham, Derby and Leicester and promote a step change increase in the quality and quantity of local public transport provision, and facilities to encourage walking and cycling. T2 To improve public transport services between Derby, Leicester and Nottingham and to London, the rest of the East Midlands, and other key national cities such as Birmingham, Leeds, Manchester and Sheffield. T3 To develop the sustainable transport infrastructure and services needed to improve access to jobs and services from deprived inner urban areas and outer estates, and also to identified Regeneration Zones. T4 To improve public transport surface access to East Midlands Airport.

-15-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

T5 To develop opportunities for modal switch away from road based transport in the manufacturing, retail and freight distribution sectors. T6 To reduce congestion and improve safety along the M1 corridor and the highway network generally.

Policy 45 Regional Approach to Traffic Growth Reduction Local authorities, public and local bodies, and service providers should work together to achieve a progressive reduction over time in the rate of traffic growth in the East Midlands and support delivery of the national PSA congestion target. This should be achieved by promoting measures to: - encourage behavioural change as set out in Policies 46 and 47; - reduce the need to travel; - restrict unnecessary car usage; - manage the demand for travel; - significantly improve the quality and quantity of public transport; and - encourage cycling and walking for short journeys.

Policy 46 A Regional Approach to Behavioural Change The Regional Planning Body, with Government, public and local bodies, and service providers, should work together to implement measures for behavioural change to encourage a reduction in the need to travel and to change public attitudes toward car usage and public transport, walking and cycling. Such measures should be co-ordinated with the implementation of other policies in the RTS and in Local Transport Plans and Local Development Frameworks, and should include: - developing and enforcing Travel Plans for both new and existing developments to reduce traffic movements and safeguard transport infrastructure; - quality public transport partnerships; - travel awareness programmes; - educational programmes; - pilot projects promoting innovations in teleworking and personalised travel plans; - reducing speed limits where appropriate to increase safety for all road users; and - the provision of safe routes for pedestrians and cyclists, convenient access to buildings and sufficient secure cycle parking in new developments.

Policy 48 Regional Car Parking Standards Local Planning Authorities should apply the maximum amounts of vehicle parking for new development as set out in PPG13. In the Region’s Principal Urban Areas, Growth Towns and environmentally sensitive rural areas, opportunities should be taken to develop more challenging standards based on emerging public transport accessibility work.

-16-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

Car parking facilities in excess of the maximum standards in PPG13 should only be provided in exceptional circumstances. In the Region's Principal Urban Areas and Growth Towns, net increases in public car parking not associated with development should only be permitted where it is demonstrated that: - adequate public transport, cycling or walking provision cannot be provided or a shortage of short stay parking is the principal factor detracting from the vitality and viability of an area; or - excessive on-street parking is having an adverse effect on highway safety or residential amenity which cannot be reasonably resolved by other means; or - the nature of new car parking can shift from long stay spaces to high quality short stay provision; or - it is linked to public transport provision, for example as part of a park and ride scheme.

Policy 49 A Regional Approach to Improving Public Transport Accessibility Local Authorities and service operators should promote improvements in public transport accessibility by using the Regional Public Transport Network defined in Diagram 7 in order to: - inform public transport investment decisions; - inform strategic development decisions as part of the Local Development Framework process; and - promote and market the use of public transport generally.

-17-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

South Holland Local Plan, July 2006

Policy Number Policy - Written Policy SG1 – General Sustainable Development

Planning permission for development will be granted where the Council is satisfied that the proposal is consistent with the principles of sustainable development, and where: 1) the quality of life for residents is unimpaired or enhanced; 2) reasonable measures have been taken to conserve energy and natural resources;

and 3) South Holland’s essential character and main environmental assets are not

damaged.

Policy SG2 – Distribution of Development

All proposals for development must be located having regard to sustainable development principles. They should: 1) adopt a sequential approach which gives priority to the use of previously developed land and buildings within defined settlement limits, then to greenfield land within defined settlement limits and finally to land adjacent to defined settlement limits; 2) make efficient use of land; 3) ensure that, wherever possible, development is served by a choice of transport modes including existing public transport or by improvements to public transport infrastructure linked directly to the development and the existing highway network; and 4) ensure that the development is acceptable in terms of traffic generation and road safety in the surrounding area.

Policy SG3 – Settlement Hierarchy

For the purposes of controlling and regulating development, and also to reflect the wider functions of settlements the following hierarchy will be applied:

1) Main Town – Spalding Spalding is defined as the District’s principal urban settlement. It will be the main location for new development. 2) Area Centres The towns of Holbeach, Long Sutton, Sutton Bridge and Crowland and the main village of Donington are defined as Area Centres. They will continue to provide for housing, employment and commercial development to support their roles as service centres for surrounding rural areas. 3) Group Centres The villages of Cowbit, Deeping St Nicholas, Fleet Hargate, Gedney Hill, Gosberton, Moulton, Moulton Chapel, Pinchbeck, Sutton St James, Weston and Whaplode will act as local service centres for the surrounding rural area. New development should support or improve their role as a focus for local social and economic activity, having regard to their role within clusters or groups of settlements. 4) Other Rural Settlements In all other rural settlements (as shown on the proposals map) only a very limited amount of new development will be permitted and only in exceptional circumstances to meet demonstrated local needs and where the location of the development is well related to the built up area of the settlement.

-18-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

Policy SG4 – Development in the Countryside

Planning permission will only be granted for development in the open countryside which is essential in the proposed location and cannot reasonably be accommodated within defined settlement limits. Development proposals that would result in an unacceptable impact upon the landscape character of an area, either individually or cumulatively, will only be permitted where:

1) the need for the development in that location outweighs its impact; and 2) no other site or solution exists to accommodate the proposed development.

Policy SG6 - Community Infrastructure and Impact Assessment

Proposals for new development will be required to include measures to demonstrate how public infrastructure and services required to support the development will be delivered. The delivery of such services will be secured by planning conditions or legal agreements/ planning obligations.

Policy SG7 – Energy Efficiency

Development proposals will be encouraged where they are designed to provide maximum energy efficiency, through site layout and orientation, through the layout and design of individual buildings, including maximizing solar gain especially for residential buildings, and where they make full practical use of energy from renewable resources. All development with a floor space of 1000 sq. m. or more, or 10 or more residential units, will be required to demonstrate good practice in energy efficiency and to incorporate renewable energy production equipment to provide at least 10% of its predicted energy requirements.

Policy SG11 – Sustainable Urban Drainage Systems (SUDS)

Development generating surface water run-off, likely to result in increased flood risk, will be permitted provided that:

1) The development’s surface water management system accords with sustainable development principles and has been designed as part of the development layout; and

2) The system will effectively control and adequately mitigate or attenuate any

adverse effects from surface water run-off on people, habitats of acknowledged importance and property; and

3) Developers can ensure long term maintenance of the drainage systems,

where necessary through planning obligations. Where this is not possible the developer will be required to implement an alternative method of surface water disposal that is to the Council’s satisfaction.

Policy SG12 - Sewerage and Development

Proposals for development which would give rise to foul sewage discharge will only be granted planning permission if they include provision for its effective collection, treatment and disposal as follows:

1) new development shall be served by mains foul sewers and sewage treatment works, wherever the opportunity exists;

2) where it is impracticable to provide mains foul sewerage (and if there are no works programmed which would enable such connection) development shall normally be served by a package treatment plant;

3) septic tanks will only be acceptable as an alternative to package treatment plants where:

i) only a single dwelling or small group of dwellings is proposed, and ii) ground conditions (in terms of the structure and drainage of the

soil) are proven by the applicant to achieve long term acceptable levels of performance, and

iii) the plot is of sufficient size to provide an adequate subsoil

-19-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

drainage system. Policy SG13 – Pollution and Contamination

Planning permission will only be permitted for development proposals which:

1) do not cause unacceptable levels of pollution of the surrounding area by noise, light, toxic, or offensive odour, airbourne pollutants or by the release of waste products;

2) provide, as necessary, appropriate treatment of land to clean up pollution and

contamination.

Policy SG14 – Design and Layout of New Development

New development should be designed to ensure that it makes a positive contribution to the architectural and visual quality of its surroundings. It should normally respect the vernacular architecture of the area in which it is located although high quality contemporary design will be supported in appropriate contexts. In assessing the design and layout of new development the following matters will be taken into consideration:-

1) local distinctiveness; 2) the choice of materials; 3) the historic pattern of development in the locality; 4) the relationship of the development to the character, form and scale of existing

buildings nearby; 5) the scale, form and height of the proposed development; 6) architectural detailing; 7) the effect of the development on the amenity of nearby residents in terms of

noise, smell and general disturbance, overlooking and loss of light; 8) planting and measure to promote biodiversity; 9) the layout of vehicular access, parking and manoeuvring facilities and the

provision of facilities for cyclists and pedestrians; 10) the needs of disabled people; 11) the use of sustainable materials and methods of construction; 12) measures to reduce the potential for crime and disorder.

Developments that would have an adverse effect on the character and appearance of the locality, or would prejudice the comprehensive development or redevelopment of an area, will not be permitted.

Policy SG15 – New Development: Facilities For Road Users, Pedestrians and Cyclists

Proposals for development shall provide safe and convenient access to and within the site for motor vehicles, cyclists, pedestrians, the less able-bodied and people with disabilities to accommodate the potential increase in movement generated by the proposal. New and improved roads, cycleways and footpaths shall reflect through layout and design the anticipated nature of future traffic and the character of areas to be served.

Policy SG16 – Parking Standards in New Development

Development proposals will be required to provide appropriate parking and servicing arrangements. Parking will be required in the form of residential or operational car and cycle spaces, which shall be provided in accordance with the maximum parking standards appended. Where appropriate, provision will be assessed as an average across the development rather than on a plot by plot basis. The precise level of provision will be determined by negotiation to reflect the proposed use, its location and potential for access by public transport.

Policy SG17 – Protection of

Planning permission will be granted for development which would not cause material harm to residential amenity.

-20-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

Residential Amenity

In considering proposals the following criteria will be taken into account:-

1) the extent of any overlooking or loss of privacy;

2) the extent of any overbearing or overshadowing effect

3) potential noise nuisance including that associated with vehicular activity; 4) the levels of smell, emissions and pollutants.

Policy SG18 – Landscaping of New Devlopment

Proposals for new development should, where appropriate, incorporate landscaping proposals as an integral part of their design and layout and a landscaping strategy will be required to support all major development proposals. Particular attention will be paid to:-

1) the protection of any existing trees and hedgerows, and any other attractive landscape features;

2) the provision of strategic tree planting of indigenous species to improve the setting of development within the wider landscape;

3) the maintenance and establishment of wildlife habitats and corridors.

Policy EC1 – Major Employment Areas – Sites Allocated for Employment Uses

Within the major employment areas listed below and shown on the proposals map planning permission will be granted for employment uses:

1) Spalding (106 hectares) - land off Wardentree Lane and Spalding Road (Pinchbeck) and off West Marsh Road

2) Sutton Bridge (Wingland) (54 hectares) - land in the vicinity of the power station (in part to be kept under review

3) Long Sutton/ Little Sutton (12 hectares) - land south of Bridge Road and north of the A17

4) Holbeach (10 hectares) - land on the west side of Holbeach adjacent to the A151

5) Crowland (7 hectares) - land at Crease Drove and Harvester Way (to be kept under review)

6) Donington (11 hectares) - land adjacent to the railway north of the A52 roundabout.

provided that access and highway considerations are satisfactory and that the amenity of any nearby properties can be adequately protected. Within the area adjacent to the sea port at Sutton Bridge (13 hectares), planning permission will be granted for port related uses to assist in the development of the port, provided that access and highway consideration are satisfactory, that amenity of any nearby residential properties can be adequately protected and that any impact on environmental assets of acknowledged importance is acceptable.

Policy EC3- Existing Employment Areas/ Premises

Proposals for new development, redevelopment and changes of use for employment uses within existing employment curtilages and / or proposals for the expansion of existing employment undertakings will be permitted provided they are acceptable in terms of environmental impact, the level of traffic movement and intrusion into the open countryside. Exceptionally, the redevelopment and/or change of use to non employment uses will be permitted where the existing use is unsatisfactory or where the benefit of the proposed use outweighs the need to retain the existing use.

-21-

\\Surveyors\case files - archive\Jobs 2501-2600\2544C - Spalding\2544C Policy Schedule FINAL.31.03.09.CB.doc

Policy EN1A – Development and Sites of Local Biodiversity Interest

Development and proposals which will adversely affect the nature conservation value of sites of local biodiversity interest, as shown on the Proposals Map, will only be permitted where:

1) the value of the proposed development to the community outweighs the adverse effect on the value of the site for nature conservation; and

2) the adverse impact on the nature conservation value of the site is reduced to the minimum that is required to allow the development to proceed.

Where development is permitted, planning conditions may be imposed and / or planning obligations sought to ensure the protection and enhancement of the site’s nature conservation interest and to provide appropriate compensatory measures.

Policy LT2 – Safeguarding Open Space for Sport, Recreation and Leisure

Development which would result in the loss of public open space, parks or playing fields will only be permitted provided that:

1) alternative provision of equivalent community benefit is made in the locality; or 2) there is an excess of provision taking into account the long term recreation

and amenity value of such provision; or 3) sport, recreation and leisure facilities can be retained and enhanced through

the redevelopment of a small part of the site.

Policy LT3 - Recreational Routes, Public Rights-Of-Way, Disused Railway Lines

The District Council will, in co-operation with others, continue to protect, enhance and extend public rights of way and the use of river corridors, other waterside areas (including drains and The Wash coastline) and disused railway lines for recreational and nature conservation purposes. Improved access from the built up areas into the countryside will be given particular attention. Where new or improved public accesses and rights of way are proposed, consideration should be given to ensure that these are accessible to all sections of society, including wheelchair users and those with mobility difficulties.

Policy TC2 - Cycling, Cycleways

The District Council will protect the existing and projected cycleways, as defined on the proposals map, and extend them as opportunities arise. Planning permission will not be granted for proposals that would prejudice any element of the existing cycleway network or the implementation of the proposed or extended network. In considering proposals for development, the District Council will require provision to be made for cyclists, including direct links to the existing or proposed cycleway network if necessary.