___
Directorate for Energy and
Climate Change
Energy Division
T: 0300 244 1238
F: 0300 244
1060
E:
Mr Grant Young
lesley.mcneil@scotland.gsi.gov.uk
GVA Grimley

Quayside House
127 Fountainbridge
EDINBURGH
EH3 9QG
October 2011
Dear Mr Young
APPLICATION FOR CONSENT UNDER SECTION 36 OF THE ELECTRICITY
ACT 1989 AND DEEMED PLANNING PERMISSION UNDER SECTION 57(2)
OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 TO
CONSTRUCT AND OPERATE A GAS-FIRED CCGT GENERATING STATION
AT COCKENZIE POWER STATION, EAST LOTHIAN
Application
1.
I refer to the application submitted on behalf of ScottishPower Generation
Ltd (“the Company”), received on 21 December 2009 for(i) consent under section 36 of the Electricity Act 1989 ”the Electricity Act”)
to construct and operate the 1000MW gas-fired combined cycle gas
turbine (“CCGT”) generating station and associated works at Cockenzie
Power
Station, East Lothian as described in that letter and
accompanying documents, and
(ii) a direction under section 57(2) of the Town and Country Planning
(Scotland) Act 1997 (“the Planning Act”) that planning permission be deemed
to be granted in respect of the construction of that generating station and any
ancillary development.
2.
The development would consist of two high-efficiency CCGT units. The
CCGT units combine a gas turbine and a steam generator connected to a steam
turbine. Electricity is generated by both the gas turbine and the steam turbine
with the exhaust gases from the gas turbine generating the steam to power the
steam turbine. The development would be Carbon Capture Ready and the total
electrical output would be 1000MW.
Consultation
3.
In accordance with statutory requirements, advertisements of the
application had to be placed in the local press. Ministers note that these
requirements have been met. Under Schedule 8 of the Electricity Act, the
relevant planning authority is required to be notified of a section 36 consent
application. East Lothian Council (ELC) was notified and initially objected to the
scheme, subsequently withdrawing this objection after clarifying information was
provided on a range of topics. Notification was also given to Scottish Natural
Heritage (SNH) and the Scottish Environment Protection Agency (SEPA). A
number of relevant organisations and departments were also consulted by the
Scottish Ministers. A total of 37 representations were received of which 25 were
objections and 12 were in support of the application. A summary of the
responses received is at Annex 3.
Inquiry
4.
As ELC, the relevant planning authority, initially objected to the proposal,
the Scottish Ministers were obliged to cause a public inquiry to be held in
accordance with paragraph 2(2) of Schedule 8 to the Electricity Act. The
Reporter considered evidence from written submissions, the environmental
statement, supporting documents, a hearing session and site inspections. The
report of the public inquiry was issued to the Scottish Ministers on 26 April 2011.
Environmental matters
5.
An environmental statement has been produced in accordance with the
Electricity Works (Environmental Impact Assessment) (Scotland) Regulations
2000. Scottish Ministers have considered the environmental statement, as well
as supplementary information provided to the inquiry. Ministers note and adopt
the Reporter’s findings in fact and agree and adopt his conclusions and
recommendations on environmental matters.
Scottish Ministers’ Consideration
6.
In December 2009 you applied to Scottish Ministers for consent to
construct and operate a gas-fired CCGT generating station at the site of the
existing coal-fired power station at Cockenzie. This proposal involved the
demolition of the existing plant and the construction of a new plant consisting of
two high-efficiency CCGT units. The CCGT units combine a gas turbine and a
steam generator connected to a steam turbine. Electricity is generated by both
the gas turbine and the steam turbine with the exhaust gases from the gas
turbine generating the steam to power the steam turbine. The development will
be Carbon Capture Ready and the total electrical output will be 1000MW.
7.
The Scottish Ministers have considered fully and carefully the application
and accompanying documents, the objections and representations received and
the evidence considered in the course of the public inquiry.
8.
Paragraph 3(1)(a) of Schedule 9 to the Electricity Act places a duty on the
Company when formulating proposals to have regard to the desirability of
preserving natural beauty, of conserving flora, fauna and geological and
physiological features of special interest and of protecting sites, buildings and
objects of architectural, historic or archaeological interest. It requires the
Company to do what it reasonably can to mitigate the effects that the
development would have on these features. Paragraph 3 also requires the
Scottish Ministers to have regard to the desirability of the features and the extent
to which the Company has complied with its duty. The Scottish Ministers are
satisfied that in formulating its proposals the Company has had due regard to
these features and has done what it reasonably can to mitigate their effect.
Scottish Ministers Considerations - Scottish Government Policy
9.
The Scottish Government’s Draft Electricity Generating Statement 2010
demonstrates that:


Renewables alone cannot provide the security of electricity generation that
would be required.
That in the 2020’s and 2030’s without thermal electricity generation
Scotland would be required to import electricity for between 50% and 60%
of the time.
It establishes that Scotland needs a minimum of 2.5GW of thermal generation by
2030 to back up renewable generation and that this can be met by new build
plant, upgrades to existing plant, or a combination of both.
10.
The Scottish Government policy in relation to Carbon Capture and Storage
(CCS) on new gas-fired electricity generation is, that for any applications for new
stations over 300MWe, applicants should be able to demonstrate carbon capture
readiness.
11.
Scottish Ministers are therefore satisfied that your proposals for Cockenzie
are in alignment with Scottish Government thermal electricity generation policy.
12.
The Scottish Government policy for reducing emissions from thermal
generation is that CCS should be fitted to new or existing Scottish coal power
stations by 2020, and should CCS be economically and technically proven by
2020, then progressively fitted to all coal and gas thermal plants thereafter by
2030. In line with this I have applied condition 4 to condition 6 of Part 1 of Annex
2 below. This requires that when CCS technology in the generation of electricity
has been successfully demonstrated on a commercial scale you will be expected
to submit the necessary applications to retrofit the station within CCS, and that
the first of these applications must be submitted within 2 years.
Scottish Ministers Considerations – Environmental Issues
13.
CCGT is generally recognised as Best Available Technology for
electricity generation from natural gas, due to their high efficiency of fuel use. A
switch in fuel at the site from coal to CCGT reduces emissions of combustion
gases such as nitrogen oxides. Compared to the current coal-fired plant you
expect S02 emissions to be negligible, you expect N02 emissions to be less than
1/3 current levels and C02 emissions less than 1/2 current levels.
14.
The Scottish Ministers have considered all the environmental information
carefully. In addition to the environmental statement, they have considered the
report of the public inquiry and the consultation responses from ELC and the
statutory consultees, along with all other consultee responses. Ministers have
also considered representations made by members of the public about the likely
environmental effects of the proposed development and its compatibility with
national policy. A summary of the consultation responses received has been
attached at Annex 3 and a copy of the Public Inquiry Report has also been
included and is available on the Scottish Government website.
15.
The Scottish Ministers accept the Reporter’s findings, agree with his
reasoning and conclusions and adopt them for the purposes of their own
decision. They accept the recommendation that they should grant, subject to
conditions, consent under section 36 of the Electricity Act and make a direction
under section 57(2) of the Planning Act that planning permission is deemed to be
granted.
Scottish Ministers Considerations – Economic Benefits
16.
This application has been considered in the context of the benefit of the
development to the national and local economy. It was considered that the
development accords with Scottish Government policy to grow the Scottish
economy and with Scottish planning policy. The environmental statement and
supporting information estimates that at the peak of the demolition and
construction phase, the on-site workforce will be around 1000 and that
employment during the operational phase is expected to be around 50 full time
positions supported by additional ancillary, part-time and contractor positions
The Scottish Ministers’ Determination
17.
The Scottish Ministers:
(i) grant consent under section 36 of the Electricity Act 1989, for the
construction and operation of an electricity generating station as described
in Annex 1, subject to the conditions set out in Part 1 of Annex 2; and
(ii)
direct that in accordance with section 57(2) of the Town and
Country Planning (Scotland) Act 1997 planning permission is deemed
to be granted in respect of the development described in Annex 1, subject
to the conditions set out in Part 2 of Annex 2,
18.
The Scottish Ministers direct that section 58(1) of the Town and Country
Planning (Scotland) Act 1997 is not to apply with regard to that planning
permission because of the constraints of constructing a generating station with
a capacity of over 50MW within 3 years, and that planning permission is to lapse
on the expiry of a period of 5 years from the date of this direction if the
development has not commenced within that period.
19.
In accordance with the Electricity Works (Environmental Impact
Assessment) (Scotland) Regulations 2000, the Company must publicise this
determination for two successive weeks in the Edinburgh Gazette and one or
more newspapers circulating in the locality in which the land to which the
application relates is situated.
20.
Copies of this letter have been sent to East Lothian Council, as the
planning authority, and to the statutory consultees who made representations
about this proposal. This letter has also been published on the Scottish
Government website.
21.
The Scottish Ministers’ decision is final, subject to the right of any
aggrieved person to apply to the Court of Session for judicial review. Judicial
review is the mechanism by which the Court of Session supervises the exercise
of administrative functions, including how the Scottish Ministers exercise their
statutory function to determine applications for consent. The rules relating to the
judicial review process can be found on the website of the Scottish Courts:
http://www.scotcourts.gov.uk/session/rules/print/rules/CHAP58.pdf.
Local
Citizens’ Advice Bureaus or a solicitor will be able to advise about the applicable
procedures.
Yours sincerely
Simon Coote
Head of Energy Consents and Deployment Unit
A Member of Staff of the Scottish Ministers
ANNEX 1
Description of the Development
Pursuant to section 36 of the Electricity Act 1989, the Scottish Ministers hereby
grant consent to the construction by ScottishPower Generation Limited (“the
Company”), on the area of land delineated by a solid red line on Drawing Number
8740 (PL)001 Revision P - annexed hereto and duly endorsed on behalf of the
Scottish Ministers of a Combined Cycle Gas Turbine (CCGT) generating station
at Prestonpans, East Lothian (“the Development”), and to the operation of that
generating station.
Subject to condition (1) in paragraph 3 below, the Development shall be about1
1000 MWe capacity at ISO conditions and comprise:
s;
(a)
up to two high efficiency combined cycle gas turbine units;
(b)
two new stacks (nominally 83 metres in height) located exterior to
the existing generating station;
(c)
ancillary plant and equipment, and where required associated
additional stacks for the auxiliary boiler plant at a maximum of
5 metres above the building roof height;
(d)
the alteration and conversion of the main and associated buildings
to house the new CCGT plant;
(e)
the necessary buildings, civil engineering works and new car park;
(f)
a design which has the capability for extracting steam from the
electricity generating cycle;
(g)
new pressure reduction station (PRS) for the CCGT gas supply;
and
(h)
refurbishment of the existing seaward structures for continued
operation, including the existing jetty, seawall and cooling water
infrastructure.
nes;
1
A tolerance of up to 5% is permitted
ANNEX 2
CONDITIONS
PART 1
This consent is granted subject to the following conditions:
Conditions applying only to section 36 consent
1. The Development must be constructed and operated in accordance with the
details contained in the description of the Development above and the
application dated 9 December 2009, subject to such changes as may be
approved by the Planning Authority pursuant to the requirements of the
deemed planning permission.
2. The commencement of the Development must begin not later than Five
years from the date of this consent.
3. The Company must not assign, alienate or transfer this consent without
the prior written authorisation of the Scottish Ministers.
Carbon Capture Readiness: Compliance with EU Law Requirements
4. Until such time as the Development is decommissioned, the Company
must not, without the written consent of the Scottish Ministers:
(a)
dispose of any interest in land which includes the designated site;
(b)
do any other thing, or allow any other thing to be done or to occur,
which may reasonably be expected to diminish the Company’s ability,
within two years of such act or occurrence, to install and operate the
capture equipment on the designated site.
Carbon Capture Readiness: Review of compliance
5. The Company must make a report to the Scottish Ministers:
(a) on or before the date on which three months have passed from
the completion of the commissioning of the Development; and
(b) within one month of the second anniversary, and each
subsequent even-numbered anniversary, of that date.
or
(2) The report must provide evidence that the Company has complied with
condition 4 :
(a) in the case of the first report, since this consent was granted;
(b) in the case of any subsequent report, since the making of the
previous report,
and explain how it expects to continue to comply with condition 2 over the
next two years.
(3) If the Company considers that some or all of the technology referred to
in the current CCS proposals will not work, this conclusion, and the
reasons for it, must be stated in the report.
(4) The report must identify any other impediment of which the Company
is aware, as a result of which it considers that any aspect of what is
proposed in the current CCS proposals is unlikely to be technically
feasible.
(5) A report which identifies an impediment must state, with reasons, if the
Company considers it technically feasible to overcome the impediment
using revised CCS proposals, and, if so, include such proposals.
(6) The report must state, with reasons, whether the Company has
decided to seek any additional regulatory clearances, or to modify any
existing regulatory clearances, in respect of its current CCS proposals in
the period referred to in condition 5(2)(a) or (b) as appropriate.
(7) This condition ceases to have effect if the capture equipment is
installed or the Development is decommissioned or if the Scottish
Ministers so agree in writing.
Carbon Capture Readiness: Compliance with Scottish Government Policy
6.
Following the publication of a report made under section 5(2)(a) of the
Energy Act 2010 which concludes that the CCS technology relevant to a CCGT
Plant has been successfully demonstrated on a commercial scale, the Company
must submit applications for the consents required to retrofit carbon capture and
storage technology on all of the station’s generating capacity ("necessary
applications") . The first application must be submitted within 2 years of Scottish
Ministers notifying the Company of the publication of the report, or within any
other timescale as may be agreed by Scottish Ministers.
The electricity generating station must cease to operate if the first application is
not submitted within this 2 year period, or within any other timescale agreed by
Scottish Ministers.
Interpretation
The following definitions apply for the purposes of Part 1 of this Annex.
“capture equipment” means the plant and equipment required to capture the
target
carbon dioxide and identified as such in the current CCS proposal;
“CCS proposal” means a proposal for the capture, transport and storage of the
target carbon dioxide, which identifies the proposed capture technology, transport
route and storage location;
“current CCS proposal” means:
(i) the CCS proposal set out in the feasibility study and assessed as
technically feasible by Scottish Ministers;
(ii) if a revised CCS proposal has been identified under condition 3(5), the
proposal which has been most recently so identified;
“Company” means ScottishPower Generation Limited.
“designated site” means the internal and external areas outlined in red and green
respectively on Figure 4a of the feasibility study as the areas where the Company
proposes to locate the capture equipment;
“feasibility study” means the document entitled Cockenzie Combined Cycle Gas
Turbine Power Station Carbon Capture Ready (CCR) Feasibility Study Issue No
3 and dated 30 November 2009 and the letter from URS to SEPA dated 3
November 2010;
“Planning Authority” means East Lothian Council as a planning authority in
exercise of its powers under the Town and Country Planning (Scotland) Act 1997
and its successors.
“target carbon dioxide” means as much of the carbon dioxide emitted by the
development when it is operating at full capacity as it is reasonably practicable to
capture for the purposes of permanent storage, having regard to the state of the
art in carbon capture and storage technology.
PART 2
Conditions applying only to the Deemed Planning Permission
The Site
1.
The construction of the Development must only take place within the
boundary of the site.
Reason: to ensure that no construction takes place beyond the boundary
of the area which is the subject of this planning permission.
Time Limits
2.
The commencement of the development must begin before the expiration
of five years from the grant of consent.
Reason: to comply with the requirements of section 58 of the Town and
Country Planning (Scotland) Act 1997 and ‘Thermal Power Stations in
Scotland: Guidance and Information on Section 36 of the Electricity Act
1989 under which Scottish Ministers determine consents relating to
thermal power stations’ (March 2010).
Environmental Statement
3.
Other than as varied by the following conditions or as otherwise agreed in
writing with the Planning Authority, the development must be constructed,
and operated in accordance with the environmental statement and the
mitigation measures therein.
Reason: to ensure that the reported likely environmental impacts of the
development are not exceeded and the mitigation measures are put in
place.
Environmental Manager
4.
(1) Prior to the commencement of the development, the Company must
appoint an appropriately experienced and qualified Environmental
Manager (“EM”) in consultation with the planning authority and Scottish
Natural Heritage (“SNH”). The EM must be in post at least throughout the
demolition and construction phase. The scope of work of the EM must
include:
(i)
monitoring compliance with the mitigation measures within the
environmental statement and the conditions of this consent, in particular
the Construction Environmental Management Plan; and (ii) advising the Company
on adequate protection of nature conservation interests on the site.
Reason: to minimise environmental impacts during the demolition and
construction phase.
Protected Species
5.
(1) There must be no commencement of the development until an
ecologist has carried out a further protected species survey and based on
the findings of this survey, the Company must submit a Protected Species
Management Plan for the approval of the Planning Authority in
consultation with SNH. This management plan must include further
mitigation measures designed to safeguard any protected mammals within
the operational areas of the site. During the demolition and construction
phase of the development, regular monitoring of the mammal mitigation
measures in the management plan must be carried out by the EM, or their
representative to ensure the mitigation is carried out to the written
satisfaction of the Planning Authority.
(2) Should such survey or ongoing monitoring work identify impacts from
any part of the works proposed for this development on European
Protected Species (“EPS”), Scottish Ministers and SNH are to be
informed. No work which could cause disturbance to EPS may go ahead
unless a licence is obtained from the Scottish Ministers.
(3) Subject to the discovery of any EPS, if the Planning Authority has not
confirmed to the Company in writing within 28 days of the initial receipt of
the survey (or if required the management plan) or such other period as
may be agreed to in writing by the Company, whether any further
information is reasonably required and if so, the nature of that information,
the Company shall be entitled to assume that the details have been
approved. The development shall be implemented in accordance with the
approved details.
Reason: to minimise disturbance to protected species during the
demolition and construction phase.
Layout and Design
6.
(1) Except for the permitted preliminary works, the commencement of the
main development must not take place until the following details, including
proposed timescales, have been submitted to and approved in writing by
the Planning Authority, after consultation with SNH:
(i)
A schedule of materials and finishes and samples of such finishes
for the new build components of the development shall be retained
following the final commissioning of the development, including
ground surfaces and boundary enclosures. Notwithstanding the
foregoing, the two proposed new stacks, once constructed, must
have a matt finish;
(ii)
The siting, design, external appearance and dimensions of all
buildings and structures to be erected and retained following the
final commissioning of the development;
(iii)
The proposed levels of any earthworks, the design of permanent
fencing, planting plans, written specifications (including cultivations
and other operations associated with vegetation re-establishment),
schedules of plants (noting species, plant sizes and proposed
numbers/densities) along with implementation timetables.
(2) If the Planning Authority has not confirmed to The Company in writing
within 28 days of the initial receipt of details referenced in paragraphs (i),
(ii), (iii), or such other period as may be agreed to in writing by the
Company, whether any further information is reasonably required and if
so, the nature of that information, then the Company shall be entitled to
assume that no further details are required.
(3) The development must be completed in accordance with the approved
details and approved timescales unless any variation is approved in
writing by the Planning Authority.
Reason: to enable the Planning Authority to exercise reasonable and
proper control over the design and appearance of the new build elements
of the development.
7.
(1) Except for the permitted preliminary works, the commencement of the
development must not take place until the following details, including
proposed timescales, have been submitted to and approved in writing by
the Planning Authority, after consultation with SNH:
(i)
The siting, design, external appearance and dimensions of all
buildings and structures to be erected and used during the
demolition and construction phase of the development (other than
buildings and structures forming part of the permitted preliminary
works); and
(ii)
Details of vehicle circulation roads, junctions, parking, hardstanding and turning facilities required only during the demolition
and construction phase of the development.
If the Planning Authority has not confirmed to the Company in writing
within 28 days of initial receipt of details referenced in paragraphs (i) and
(ii), or such other period as may be agreed to in writing by the Company,
whether any further information is reasonably required and, if so, the
nature of that information, then the Company shall be entitled to assume
that no further details are required.
(2)
(3) The development must be completed in accordance with the approved
details and approved timescales unless any variation is approved in
writing by the Planning Authority.
Reason: to enable the Planning Authority to exercise reasonable and
proper control over the design and appearance of the new build elements
of the development.
Construction Environmental Management Plan
8.
(1) Except for the permitted preliminary works, the commencement of the
development must not take place until a Construction Environmental
Management Plan (“CEMP”) has been submitted to and approved in
writing by the Planning Authority, after consultation with SEPA and SNH.
The CEMP must include the following:
(i)
An Air Quality and Dust Management Plan for minimising the
emission of dust during the demolition and construction phase of
the development. The dust management plan must specify the
means by which dust shall be monitored and suppressed;
(ii)
A Construction Noise Management Plan, covering the demolition
and construction phase of the development, prepared in
accordance with BS5228 Parts 1 and 2:2009 and Part 4:1992;
Noise and Vibration Control on Open Sites. The Construction
Noise Management Plan must include (1) the means to ensure that
noise generated by the construction complies with the guidance set
out in the relevant British Standard, (2) the exact locations from
which noise and vibration must be monitored; (3) the method of
noise and vibration measurement; (4) details of any mitigation
measures to be implemented; (5) the procedures for dealing with
any complaints regarding noise and vibration, which must reflect the
terms of condition 13 below;
(iii)
Details of arrangements for non-vehicular access management
during the demolition and construction phase of the development,
including the temporary diversion of the John Muir Way;
(iv)
A Peregrine Management Plan which must include the relocation of
the nest box to a site outwith the construction/demolition areas, a
timetable for relocation and the carrying out of a
demolition/construction breeding survey by an ornithologist; and
(v)
A groundwater and surface water monitoring plan, setting out the
steps that must be taken to monitor the levels and quality of
groundwater and surface water during the demolition and
construction phase of the development. The monitoring plan must
include the locations, frequency and details for the reporting of
monitoring information.
(2) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the CEMP or such other period as
may be agreed to writing by the Company, whether any further information
is reasonably required and if so, the nature of that information, the
Company shall be entitled to assume that the details have been approved.
The development shall be implemented in accordance with the approved
details unless otherwise agreed with the Planning Authority in writing.
Reason: to monitor the water environment, to minimise the impact of
noise, dust and construction vehicle movements, and to protect peregrine
falcons, during the demolition and construction phase of the development.
9.
The works associated with the demolition and construction phase of the
development must be implemented in such a way that PM10 emissions
arising from the development do not exceed the Scottish Government’s Air
Quality Objectives for the PM10 annual mean of 18µg/m3 or the PM10 24hour mean of 50µg/m3 (not to be exceeded more than 7 times a year).
Reason: to ensure that concentrations of PM10s are controlled such that
the Scottish Government’s Air Quality Objective PM10 annual mean of
18µg/m3 will not be exceeded.
Site Waste Management Plan
10.
(1) Except for the permitted preliminary works, the commencement of the
development must not take place until a Site Waste Management
Plan (“SWMP”) has been submitted to and approved in writing by the
Planning Authority, after consultation with SEPA. The SWMP must
include the following:
(i)
The types and quantities of waste expected to arise during the
demolition and construction phase of the development;
(ii)
Details of the waste management measures to be implemented,
during the demolition and construction phase, including the steps to be
taken to maximise the quantity of waste to be reduced, re-used and
recycled;
(iii)
is
The identification of the contractors to be used to ensure the waste
correctly recycled or disposed of responsibly and legally;
(iv)
Information on how the quantity of waste will be measured; and
(v)
Identification of responsible personnel.
(2)
If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the SWMP or such other period as
may be agreed to in writing by the Company, whether any further
information is reasonably required and if so, the nature of that information,
the Company shall be entitled to assume that the SWMP have been
approved. The Development shall be carried out in accordance with the
approved SWMP unless otherwise agreed with the Planning Authority in
writing.
Reason: in order to minimise waste during demolition and construction
and to ensure that it is properly managed.
Construction Noise and Vibration
11.
Notwithstanding the terms of condition 8 above, the Company must in all
activities associated with the demolition and construction phase of the
development, use the best practical means to minimise noise, with
reference to guidance detailed in BS5228 2009: ‘Noise and Vibration
Control on Construction Sites’ (Part 1).
12.
During the demolition and construction phase of the development, noise
levels at the facades of noise sensitive properties, to be agreed with the
Planning Authority, which are associated with the demolition and
construction activities, should be measured according to the agreed
monitoring scheme referred to in condition 8. This must not exceed 65dB
LAeq, between 0700 and 1900 hours from Monday to Friday and between
0700 and 1300 hours on Saturday, and 55dB L Aeq during the period 1900
to 2200 hours from Monday to Friday, with no working associated with
demolition and construction activities audible at the site boundary outwith
these hours unless otherwise agreed by the planning authority in writing or
in an emergency. Subject to prior written approval by the planning
authority, a higher daytime noise limit of 70dBLAeq will be permitted for
short duration works such as soil stripping or bund formation.
For the purposes of this condition, “noise sensitive properties” means the
façade of those residential dwellings which exist at the date of this consent
and which are occupied or utilised during the hours referred to above.
Reason: to minimise the impact of noise during the demolition and
construction phase of the development.
13.
In the event of the Company receiving a complaint concerning noise
emission from the site during the demolition and construction phase of the
development, the Company must immediately notify the Planning Authority
in accordance with the specific procedures to be approved in terms of the
Construction Noise Management Plan referred to in condition 8. In such
cases, and in cases where the complaint is received directly by the
Planning Authority and brought to the attention of the Company, the
Company must immediately undertake an investigation in consultation with
the Planning Authority and initiate any necessary mitigating measures
within the site as agreed in writing with the Planning Authority. The
specific site activity giving rise to the cause of the complaint must
thereafter be carried out in accordance with the agreed mitigation
measures.
Reason: to ensure that noise complaints are investigated and any
mitigation measures implemented.
14.
There must be no sheet or driven piling for any seaward development from
1 October to 31 March inclusive unless otherwise approved in writing by
the Planning Authority, after consultation with SNH.
Reason: to protect the marine environment within the Firth of Forth Special
Protection Area and Ramsar Site.
Wheel Cleansing
15.
(1) The permitted preliminary works must not take place until there has
been submitted to, and approved in writing by, the Planning Authority, a
scheme for the provision of wheel cleansing facilities for construction
traffic. The scheme must include a timescale for implementation.
(2) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the scheme or such other period as
may be agreed to in writing by the Company, whether any further
information is reasonably required and, if so, the nature of that information,
the Company shall be entitled to assume that the details have been
approved. The development shall be implemented in accordance with the
approved details unless otherwise agreed with the Planning Authority in
writing.
(3) The approved wheel cleansing facilities must be installed and
maintained throughout the demolition and construction phase of the
development, unless any variation has been approved in writing by the
Planning Authority.
16.
All construction traffic leaving the site must, prior to leaving, pass through
the wheel cleansing facilities to be provided pursuant to condition 15,
unless otherwise approved in writing by the Planning Authority.
Reason: to ensure that satisfactory measures are in force to minimise the
impact of mud on the public road.
Sheeting of HGVs
17.
All open bodied HGVs carrying dry loose aggregate, cement or soil into
and out of the site must be sheeted.
Reason: to ensure that satisfactory measures are in force to minimise the
impact of dust on the local environment and public roads.
Green Travel Plans
18.
(1) Prior to the commencement of the development, a Green Travel Plan
in respect of the demolition and construction phase of the development
must be submitted to, and approved in writing by. the planning authority.
The Green Travel plan must include the following measures:
(i)
measures to minimise dependency on the private car for travel to
and from the site; and
(ii)
measures to ensure that the morning and evening construction
traffic peaks associated with the development do not coincide with the
morning and evening network peaks, unless otherwise approved in writing
by the Planning Authority.
(2) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the Green Travel Plan, or such other
period as may be agreed to in writing by the Company, whether any
further information is reasonably required and if so, the nature of that
information, the Company shall be entitled to assume that the Green
Travel Plan has been approved.
(3) The development must be carried out in accordance with the approved
Green Travel Plan unless otherwise approved by the Planning Authority in
writing.
Reason: to minimise the environmental impact of travel and transport as a
result of the demolition and construction of the development.
19.
(1) Prior to the final commissioning of the development, a Green Travel
Plan in respect of the operational phase of the development ("Operational
Green Travel Plan") must be submitted to, and approved in writing by, the
Planning Authority.
The plan must include measures to minimise
dependency on the private car for travel to and from the CCGT power
station within the site.
(2) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the Operational Green Travel Plan, or
such other period as may be agreed to in writing by the Company, whether
any further information is reasonably required and if so, the nature of that
information, the Company shall be entitled to assume that the details have
been approved.
(3) The Company must implement the Operational Green Travel Plan as
approved unless otherwise agreed by the Planning Authority in writing.
Reason: to minimise the environmental impact of travel and transport as a
result of the operation of the development.
Traffic Management Plan
20.
(1) Prior to the commencement of the development, a Traffic Management
Plan (“TMP") must be submitted to the Planning Authority for approval in
consultation with Transport Scotland.
(2) The TMP must include the following:
(i)
Method Statements detailing access routes to and from the site for
large components and day-to-day deliveries associated with the
construction phase of the development. The Method Statement
must include a swept path assessment of large component delivery
routes, as well as frequencies and times of deliveries and
arrangements for the removal of materials/plant from the site. The
Method Statement must also include details of any off-site
mitigation works;
(ii)
Details of proposed accesses onto the B1348 for HGV traffic,
including consideration of traffic signals;
(iii)
Details of the temporary construction car park. Access to the car
park from the public road must be detailed and controlled through
the TMP;
(iv)
Details of the design and specification of required amendments to
the Alder Road Roundabout to facilitate the new construction
access road
to the B1348. The junction linking the new
construction access road and the Alder Road Roundabout must be
designed in accordance with the Design Manual for Roads and
Bridges; and
(v)
Arrangements for accessing the temporary construction car park.
(3) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the TMP or such other period as may
be agreed to in writing by the Company, whether any further information is
reasonably required and if so, the nature of that information the Company
shall be entitled to assume that the TMP has been approved.
(4) The development must be carried out in accordance with the approved
TMP, unless otherwise approved by the Planning Authority in writing.
Reason: to minimise the impact of construction traffic on the local road
network and local road users.
21.
Prior to the commencement of the development, proposals for new and
altered road junctions must be submitted to the Planning Authority for
approval. The development must be carried out in accordance with the
approved details unless otherwise approved by the Planning Authority in
writing.
Reason: to retain effective control over the new and altered junctions.
22.
(1) There must be no commencement of the development until the
Company has entered into an agreement with the Planning Authority
under section 96 of the Roads (Scotland) Act 1984 regarding any
extraordinary expenses which will be incurred by the roads authority in
maintaining the Road by reason of damage caused to it by excessively
heavy, or other extraordinary, vehicles or traffic engaged in the works to
be carried out during the demolition and construction phase of the
development.
(2) The agreement must provide for:
(i)
the undertaking of a joint initial inspection of the Road, in both
directions and the preparation by the Company of a written and
photographic record of its condition;
(ii)
the issuing of a notice of the repair amount by the Planning
Authority to the Company at the end of each relevant repair period;
(iii)
a mechanism to allow for challenge of the repair amount;
(iv)
the payment of the repair amount by the Company; and
(v)
the undertaking of further inspections of the Road and the
preparation of written and photographic records of its condition at
the end of each relevant repair period.
Reason: in the interests of road safety and to ensure the satisfactory
reinstatement of the public road network.
Combined Heat and Power (CHP)
23.
(1) Prior to the final commissioning of the development, an updated
Combined Heat and Power (CHP) Feasibility Review assessing potential
commercial opportunities for the use of waste heat from the Development
shall be submitted to and approved in writing by the Planning Authority in
consultation with SEPA.
(2) This Review shall provide for the ongoing monitoring and full
exploration of potential commercial opportunities to use heat from the
Development as part of a good Quality CHP scheme (as defined in the
CHPQA Standard issue 3) (as may be amended or replaced from time to
time but subject to compliance with any amended or replacement standard
remaining technically feasible). The Review shall generally follow the
approach within the Combined Heat and Power (CHP) Feasibility Study
prepared by URS dated 26 November 2009. Where commercially viable
opportunities for the use of heat in such a scheme are identified by the
Company, a scheme for the provision of the necessary plant and pipework to the boundary of the Site, including a timetable for installation, must
be submitted to and approved in writing by the Planning Authority.
(3) The timetable for installation shall take account of the demand for the
heat. Any plant and pipe-work installed to the boundary of the Site must
be undertaken in accordance with the approved scheme.
(4) If no commercially viable opportunities for the use of waste heat are
identified prior to the final commissioning of the Development, the
Combined Heat and Power (CHP) Feasibility Review must be undertaken
at 2 yearly intervals thereafter until such time as the Planning Authority is
satisfied that there are no feasible options for a good Quality CHP scheme
within the vicinity of the Site.
(5) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the Review, or such other period as
may be agreed to in writing by the Company, whether any further
information is reasonably required and if so, the nature of that information,
the Company shall be entitled to assume that the Review has been
approved.
Reason: to ensure waste heat is available for use to the benefit of local
domestic, commercial and industrial users if a demand exists and supply is
technically feasible and economically viable.
24.
(1) The development must be designed to ensure that it does not preclude
the installation and operation of a Good Quality CHP scheme. Prior to the
commencement of the development, the Company must demonstrate to
the satisfaction of the Planning Authority that nothing in the proposed
development’s design, construction and operation will preclude the
installation and operation of a Good Quality CHP scheme deriving its heat
source from the development.
(2) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the submission, or such other period
as may be agreed to in writing with the Company, whether any further
information is reasonably required and if so, the nature of that information,
the Company shall be entitled to assume that the submission has been
approved.
Reason: to ensure that the development is designed to facilitate the use of
waste heat in the event that a demand exists and supply is technically
feasible and economically viable.
Archaeology
25.
There must be no commencement of the development until the Company
has, through the employment of an archaeologist or archaeological
organisation, secured the implementation of a Programme of
Archaeological Works (Evaluation and Metal Detecting Survey) on any
areas of ground disturbance associated with the development, including
temporary compounds and haul roads, in accordance with a written
scheme of investigation which the Company must submit to and have
approved in advance by the Planning Authority.
Reason: to facilitate an acceptable archaeological investigation of the site.
Removal of Coal Conveyor
26.
(1) Prior to the final commissioning of the development, a programme of
works for the dismantling and removal of the coal conveyor system and all
supporting infrastructure within the site must be submitted to and
approved in writing by the Planning Authority.
(2) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the programme of works or such
other period as may be agreed to in writing by the Company, whether any
further information is reasonably required and if so, the nature of that
information, the Company shall be entitled to assume that the details have
been approved. The development shall be implemented in accordance
with the approved details. The dismantling and removal works shall be
carried out in accordance with the approved programme unless otherwise
agreed with the Planning Authority in writing.
Reason: to ensure that the redundant coal moving apparatus is removed
from the site after the cessation of coal-fired electricity generation.
Reinstatement following Construction
27.
Unless otherwise agreed in writing with the Planning Authority, the land
used temporarily for construction purposes (including temporary access
and car parking, contractors’ cabins, and the lay down and storage of
construction materials and plant) must be reinstated to its former condition
within 36 months of the final commissioning of the development. For the
purposes of this condition, “former condition” means its condition
immediately preceding the commencement of development.
Reason: to ensure that the temporary buildings are removed and the land
reinstated when no longer required for construction purposes.
Cessation of Generation and Restoration of the Site
28.
(1) Within 12 months of the site ceasing to be used permanently for the
purposes of electricity generation, the Company must submit to the
Planning Authority, for approval in writing, a scheme for the demolition and
removal of the development from the site ("Demolition and Restoration
Scheme").
(2) The Demolition and Restoration Scheme must provide for:
(i)
details of all structures and buildings which are to be demolished;
(ii)
details of the means of removal of materials resulting from the
demolition;
(iii)
the phasing of the demolition and removal;
(iv)
details of the restoration works; and
(v)
the phasing of the restoration works.
(3) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the Demolition and Restoration
Scheme, or such other period as may be agreed to in writing by the
Company, whether any further information is reasonably required and if
so, the nature of that information, the Company shall be entitled to assume
that the details have been approved.
(4) The demolition and removal of the development and subsequent
restoration of the site must thereafter be implemented in accordance with
the Demolition and Restoration Scheme as approved unless any variation
has been approved in writing by the Planning Authority.
Reason: to ensure that the site is restored after the cessation of electricity
generation.
Removal of Chimney Stacks
29.
(1) Prior to the final commissioning of the development, the Company
must submit to the Planning Authority for approval in writing, a timetable
for the demolition and removal of the two existing 149 metre high chimney
stacks.
(2) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the timetable or such other period as
may be agreed to in writing by the Company, whether any further
information is reasonably required and if so, the nature of that information,
the Company shall be entitled to assume that the timetable has been
approved.
(3) The demolition and removal of the chimneys must thereafter be
implemented in accordance with the timetable as approved unless any
variation has been agreed in writing by the Planning Authority.
Reason: to ensure that the chimney stacks are removed after they are no
longer required in association with coal-fired electricity generation.
Flood Prevention Measures
30.
(1) Except for the permitted preliminary works, the commencement of the
main development must not take place until measures to protect the low
lying areas to the north-east of the site and south-west of the existing
defences from inundation from the Forth Estuary have been submitted to
and approved in writing by the Planning Authority in consultation with
SEPA. The measures must include the following:
(i)
details of the areas in which any mitigation is to be undertaken
together with the nature of the measures themselves;
(ii)
and
details of the materials to be used and their colours and finishes;
(iii)
details of the implementation timetable for the works.
(2) If the Planning Authority has not confirmed to the Company in writing
within 28 days of the initial receipt of the last of the details required in
terms of (i)-(iii) above or such other period as may be agreed to in writing
by the Company, whether any further information is reasonably required
and if so, the nature of that information the Company shall be entitled to
assume that the details have been approved. The Development shall
thereafter be completed in accordance with the approved details and
approved timescales unless any variation has been approved in writing by
the Planning Authority.
Reason: to ensure that the mitigation measures are in place to manage
the risk of the overtopping of flood defences in extreme events.
Interpretation of Part 2
Unless the context otherwise requires, the following definitions apply for the
purposes of Part 2 of this Annex—
"application" means the application for section 36 consent and deemed planning
permission in respect of the development made to Scottish Ministers by the
Company and dated 9 December 2009;
"commencement of the development" means the date on which the development
must be taken to have been initiated in accordance with section 27 of the Town
and Country Planning (Scotland) Act 1997;
"Company" means ScottishPower Generation Limited;
"construction traffic" means traffic engaged in the transportation of material, plant
and machinery associated with the works being undertaken during the demolition
and construction phase
s of the development (excluding private cars and other vehicles used to carry
workers to and from the site);
"development" means the development described in Annex 1 of this consent;
"due proportion" means the proportion of the costs of the repair of the road
representing extraordinary expenditure (having regard to the average expense of
repairing other similar roads in the administrative area of the Planning Authority
("adjoining highway") incurred by the Planning Authority by reason of damage to
the road caused by excessively heavy or extraordinary vehicles engaged in the
demolition and construction works associated with of the development. In
assessing and determining such proportion regard is to be had to:
(i)
the use, if any, of the road caused by excessively heavy or other
extraordinary vehicles which have no connection with the development;
(ii)
the amount by which the costs of repair per kilometre of Road
during the relevant repair period exceed the costs of repair per kilometre
incurred in respect of the adjoining roadway; and
(iii)
any period during a relevant repair period during which demolition
and construction works associated with of the development were not
taking place;
"emergency" means circumstances in which there is reasonable cause for
apprehending imminent injury to persons, serious damage to property or serious
danger of pollution to the environment;
"environmental statement" means the environmental statement produced in
accordance with the Electricity Works (Environmental Impact Assessment)
(Scotland) Regulations 2000 which accompanied the application;
"final commissioning of the development" means the date on which the
development first supplies electricity on a commercial basis, except such
electricity generated during the commissioning phase;
"the main development" means the construction work which begins with the
installation of the new enclosure to house the CCGT units;
"permitted preliminary works" means:
(i)
survey and geotechnical surveys;
(ii)
the erection of temporary fencing on the site;
(iii)
service diversions;
(iv)
the provision of wheel cleansing facilities pursuant to condition 15; and
(v)
the provision of temporary contractors’ facilities and relocation of
existing site offices and welfare facilities.
"Planning Authority" means East Lothian Council as planning authority in
exercise of its powers under the Town and Country Planning (Scotland) Act 1997
and its successors;
"relevant repair period" means each period of 12 months beginning with the
commencement of development or such other period of time as may be agreed in
writing with the Planning Authority;
"repair amount" means the due proportion in respect of each relevant repair
period;
"Road" means the A198/B1361 roundabout junction to the Site, the B6371 north
to East Lorimer Place (including the Alder Road roundabout junction) and the
B1348 from the B6371 East Lorimer Place junction west over the site frontage;
as shown delineated in red on the plan annexed hereto or such roads as may be
specified in terms of the Traffic Management Plan;
"site" means the area of land described in Annex 1 to this consent.
ANNEX 2
Summary of Consultation Responses
East Lothian Council (ELC), the relevant planning authority, took the application
to a specially convened public meeting/planning committee on 20 April 2010 with
a recommendation from the Environmental/Planning Officer that members should
submit a holding objection to the proposal conditional on the submission of
further information. The Environmental/Planning Officer notes in this report that
should the information submitted be to the satisfaction of ELC, and subject to the
application of a range of conditions, the proposal would then be satisfactory to
ELC. Elected members, however, voted at this committee (at a vote of 12 to 6) to
reject the recommendation of the Environmental/Planning Officer and to object to
the principal of converting Cockenzie from a coal-fired station to a gas-fired
station. This formal objection was received by officials in June 2010 and detailed
the ELC objection to the proposal on the following grounds:







There is a lack of clear evidence in the ES as to the nature, scale and
cumulative impact of the potential environmental effects of the proposed
development during its demolition and construction phases.
The baseline daytime noise levels for the receptors at Whin Park and Cedar
Road, Cockenzie appear unreasonably high
It has not been demonstrated that the demolition and construction activities
can be controlled such that the Scottish Government’s Air Quality Objective
PM10 annual mean objective of 18ug/m3 will not be exceeded
The Transport Assessment has not undertaken an assessment of the
Bankton Junction (A1) and the A198/B1361 roundabout junction or taken
account of traffic related to the committed Blindwells new settlement
The Transport Assessment has no undertaken junction capacity assessments
The cumulative adverse impacts on communities have not been adequately
addressed
There is no commitment to providing a Combined Heat and Power system,
although experts regard this as essential from new gas-fired power stations.
In accordance with paragraph 2(2) of Schedule 8 to the Electricity Act 1989, a
public inquiry was called due to the objection from the ELC. However, as the
process to hear this Inquiry was underway the Company continued its dialogue
with ELC, providing clarifying information. In December 2010 ELC voted to
withdraw all 7 objections to the proposed plant and this information was passed
to the Reporter to be considered alongside other evidence at the public inquiry.
Scottish Natural Heritage (“SNH”) provided detailed comments on the potential
impacts on the Firth of Forth SPA and Ramsar site, the Isle of May SAC and the
Firth of Forth SSSI as well as comments on Ash Lagoon Management, European
protected species, coastal processes, air quality and landscape and visual
impacts.

Firth of Forth SPA and Ramsar Site
SNH noted that the proposal was likely to have a significant impact on the
qualifying interests of the Firth of Forth Special Protection Area (“SPA”). SNH
assessed this potential impact based on the information provided and
concluded that if the proposal was undertaken strictly in accordance with
conditions provided then the proposal would not adversely affect the integrity
of the sites. SNH carried out this assessment on wintering populations of bird
species identified under Annex 1 of the Habitats Regulations as well as
internationally migratory bird species. Scottish Ministers accept the findings
of SNH in this regard.

Ash Lagoon Management
SNH noted that a consequence of the change in operating process from coalbased fuel to gas will be the cessation of ash as a by-product. Part of the
Musselburgh Ash Lagoons, and in particular Lagoon 8, is within the Firth of
Forth SPA. The lagoons provide an important roosting and feeding location
for a number of SPA qualifying species. SNH noted that the creation and
management of the Musselburgh Ash Lagoons was overseen by the Scottish
Environmental Protection Agency (“SEPA”) through a Pollution Prevention
and Control permit but requested that a meeting be held between Scottish
Ministers, SEPA Scottish Power and SNH to discuss a future management
strategy for the Ash Lagoons, outwith the section 36 process. Such a
meeting will take place during PPC considerations.

Isle of May SAC
SNH noted that the proposal was likely to have a significant effect on the
qualifying interests of the Isle of May Special Area of Conservation and that
an appropriate assessment into the conservation objectives of the site was
necessary. SNH further advised that they had considered the impacts of the
proposals on the grey seal population and reef habitats, based on the
information provided, and had concluded that the proposal would not
adversely affect the integrity of the site. Scottish Ministers accept the findings
of SNH in this regard.

Firth of Forth SSSI
SNH advised that the proposal would not have an adverse impact on the Firth
of Forth Site of Special Scientific Interest subject to the application of
conditions recommended for the Firth of Forth SPA.

European Protected Species
SNH noted that there would be no adverse effects on the favourable
conservation status to any cetaceans during the works but recommended the
mitigation proposed in the Marine Noise Impact Assessment Report is set out
as a condition to any consent. This has been applied at Annex 2. SNH also
noted that they welcomed the Peregrine Management Plan to avoid
disturbance to peregrine falcons as they have been recorded on the proposed
development site and it is an offence to intentionally or recklessly disturb the
birds.

Coastal Processes
SNH noted they were content with the methodology applied by the Company
in the environmental statement and concurred with the conclusions of shortterm minor adverse impacts for the construction phase of the development
and long term minor adverse impacts for the operational phase.

Air Quality
SNH noted that they were content with the methodology followed to assess
air quality impacts and welcomed the substantial reduction in nitrogen
deposition and the reduction in sulphur emission.

Landscape and Visual Impacts
SNH noted that the proposed development would have temporary local
adverse impacts on local landscape characters and visual amenity.
Upon consideration of all the above SNH concluded that the proposal could
proceed without adversely affecting the integrity of any Natura sites, provided
that conditions requested by SNH be attached to any consent. These conditions
are reflected in Annex 2.
The hydrological impacts of the development have been assessed by SEPA who
provided detailed comments in their consultation response. SEPA noted that they
had no objection to the principle of the development but noted that the conditions
they suggested should be attached to any consent as they were essential to the
acceptability of the development and complementary to their regulatory control.
SEPA also made specific comments on carbon capture readiness, combined heat
and power, air quality, noise, flood risk, the protection of groundwater, the
protection of the marine environment, surface water drainage, contaminated land
and construction-phase environmental management including detailed advice to
the developer on each point. SEPA assessed the carbon capture readiness
feasibility study (assessed against the Department of Energy and Climate
Change guidance note in advance of the publication of the Scottish Thermal
Guidance) and advised Scottish Ministers to request clarifying information from
the developer in this regard. This information related to:


Wastewater treatment
The ability of the plant to use alternative capture solvents


A more detailed justification for the use of a standalone re-boiler system
Space available for instrument air compressors
Scottish Ministers advised the Company of SEPA’s request for more information
and the Company continued to work with SEPA to provide the information
necessary for SEPA to assess the proposal against the current guidance. In
December 2010 SEPA confirmed that the information supplied was sufficient and
that they were now fully satisfied on all aspects of the application.
The Royal Society for the Protection of Birds (“RSPB Scotland”) provided
consultation comments and officially objected to the proposal. This objection was
on the grounds of serious concerns about the indirect contribution the plant would
have to environmental degradation from an extended period of unabated
greenhouse gas emissions arising from gas-fired generation. RSPB Scotland
contended that the current proposal was contrary to Scottish Government policy
which acknowledges that the electricity sector must be virtually decarbonised by
2030. RSPB Scotland noted that they would be prepared to review their position
should an appropriate mechanism be secured that would required carbon dioxide
emissions from Cockenzie to be less than 300g/kWh and this objection has been
maintained.
Civil Aviation Authority Airspace Policy (“CAA”) noted that the various
proposed structures would not formally constitute an aviation en-route obstruction
but noted the relative close proximity of BAA Edinburgh and that the planning
authority’s responsibility to check any safeguarding maps lodged with them to
identify any aerodrome specific safeguarding issues. CAA also noted that:



Should the power station plan to vent or flare gas, either routinely or as
an emergency procedure, further discussion with CAA would be
required
The position of the Ministry of Defence on the proposal should be
sought
Any structure of 300 feet or more in height must be charted on aviation
maps and the details of the development should be provided to the
Defence Geographic Centre
Historic Scotland noted that there would not be a significant adverse impact on
the setting of the scheduled monuments and category A listed buildings in the
vicinity of the development. They specifically noted that although the power
station is prominent in some views from Cockenzie House Garden and
Designated Landscape and would be visible from some areas of Seton House
Palace Garden and Designated Landscape, that they were content that the level
of changes proposed was not sufficient to cause a significant adverse impact on
the settings of these assets.
Marine Scotland noted that they would like to ensure that the Salmon (Fish
Passes and Screens) (Scotland) Amendment Regulations 2003 were adhered to
whereby fish screens are maintained at all times. Marine Scotland also noted
that they would welcome construction work avoiding fish migratory periods but
had no objection to the proposal.
The Health and Safety Executive commented that given a hazardous
substances consent (“HSC”) was not required for any future CCS plant at
Cockenzie they had no specific advice on HSC but noted that the Company
should consider whether the possible storage of oils and fuels onsite would
require an HSC. This advice was passed to the Company but as this relates to a
consent outwith the section 36 regime, no further action was taken.
Defence Estates had no safeguarding objections to the development but
commented that the height of the development would necessitate the
amendment of aeronautical charts and mapping records and the developer must
supply details of the development to Defence Geographic & Imagery Agency
prior to its commencement.
The Coal Authority commented that the site had been subject to past coalmining activities and as such there may be instability, gas, drainage and safety
issues. The Coal Authority noted that wherever possible removing any remnant
shallow coal should be considered. The Coal Authority advised that they had no
objection to the proposal but that the Company should be reminded that any
intrusive activities which intersect, disturb or enter any coal seams, coal mine
workings or coal mine entries (shafts and adits) require written prior permission of
the Coal Authority. This information was passed to the Company.
WWF Scotland objected to the proposal on the grounds that it is not consistent
with the Scottish Government aim to largely decarbonise the power sector by
2030, that the plant does not demonstrate carbon capture and storage and that
the proposals do not make use of waste heat. These issues have been
considered by Ministers and conditions in relation to both issues have been
attached to the consent.
Cockenzie and Port Seton Community Council submitted a detailed report
objecting to the proposed development. This objection was on the grounds of
emissions, socio-economics, health and safety and traffic. The content of this
report was forwarded to both the Company and ELC for their consideration.
Prestonpans Community Council supported the application but requested the
application of a condition stating that Prestonpans Community Council and ELC
are involved in discussions on future of the land currently used by the community
which is owned by the Company. As these concerns do not relate to the proposal
under consideration, they have been fed back to East Lothian Council for their
consideration and any action they considered appropriate at their Planning
Committee.
The following bodies had no objection and no comments to make on the
proposal: Crown Estate, Scottish Government SEPA Sponsorship Team, Scottish
Government Ports and Harbours Branch, Scottish Government Directorate for
the Built Environment, Scottish Government Air, Noise and Nuisance Team (with
responsibility for Large Combustion Plants), CAA Aerodrome Standards, the
Mountaineering Council of Scotland, NERL Safeguarding and the Forestry
Commission Scotland.