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1. Introduction

1.1 Aim of Scoping Opinion
1.2 Description of Development
1.3 Land use planning
1.4 What makes a good ES
1.5 Human Health Perspective
1.6 Life-time Sustainability Assessment

2. Aviation

3. Ecology

3.1 EC Birds Directive and Habitats Directive
3.2 Designated Sites Natura 2000 network
3.3 Application of Article 6(3) and 6(4) of the Habitats Directive to
development proposals
3.4 European Protected Species
      3.4.1 Birds
      3.4.2 Fish Interests
      3.4.3 European Protected Species
      3.4.4 Plants
      3.4.5 Reptiles & Amphibians
      3.4.6 Invertebrates

4. Archaeology & Cultural Heritage

4.1 General Principals
4.2 Baseline Information
4.3 Traffic Management
4.4 Abatement Technology

5. Emissions

5.1 LCPD and future Directives
5.2 Climate Change adaption
       5.2.1 Air Quality

6. CCR

6.1 Carbon capture
6.2 Carbon Capture Readiness
6.3 Space on site
6.4 Transport of captured CO2 to the storage site
6.5 Feasability of retro-fitting a capture technology
6.6 Storage & Transport
       6.6.1 Storage of CO2 and Other Potentially Hazardous Material
       6.6.2 Transport

6.7 SEPA & CCS

7. Water and Pollution

7.1 SEPA and CAR
7.2 IPPC licence

8. Heat

9. Impact on Local Transport Infrastructure and Sustainability

10. Planning

10.1 Scope of Section 36 of Electricity Act 1989
10.2 Preparing an application
10.3 Fees for Consent
10.4 Associated Works
10.5 OS Mapping
10.6 Application & Environmental Statement
10.7 Consents Timescales & Application quality
10.8 Consultees
      10.8.1 Application Consultees
      10.8.2 Thermal Specific Consultees


Any proposal to construct, extend, or operate a power generation scheme
with a capacity in excess of 50 megawatts requires Scottish Ministers’
consent under section 36 of the Electricity Act 1989.

Schedule 9 of the Act places on the developer a duty to “have regard to the
desirability of preserving the natural beauty of the countryside, 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”. In addition, the developer is required to give
consideration to the relevant Policy and National Policy Planning Guidance,
Planning Advice Notes, the relevant planning authority’s Development Plans
and any relevant supplementary guidance.

Under the Electricity Works (Environmental Impact Assessment)
(Scotland)(EIA) Regulations 2000, Scottish Ministers are required to consider
whether any proposal is likely to have a significant effect on the environment.
In terms of these Regulations, we must consult the planning authority,
Scottish Natural Heritage and the Scottish Environment Protection Agency as
well as other relevant consultees.

1.1 Aim of this Scoping Opinion

Scottish Ministers are obliged under the EIA regulations to respond to
requests from developers for a scoping opinion on outline design proposals.

The purpose of this document is to provide advice and guidance to
developers which has been collated from expert consultees whom the
Scottish Government has consulted. It should provide clear advice from
consultees and enable developers to address the issues they have identified
and address these in the EIA process and the Environmental Statement
associated with the application for section 36 consent.

1.2 Description of your development

From your submitted information it is understood the proposed development is
for the replacement of four existing coal-fired boiler and steam turbine units at
Cockenzie Power Station, East Lothian. The current site is approximately 14
kilometres (km) east of Edinburgh, and is centred at National Grid Reference
(NGR) NT 395 753.
Scottish Ministers are of the view that the EIA process should inform the final
site layout. This Scoping Opinion should be used in conjunction with design
considerations to provide a fully detailed and qualitative application, complete
with a description of the of the site layout and disposal option, construction,
and operational processes.

1.3 Land Use Planning

It is essential that the development is assessed against National and
Development Plan policies. Planning documents that a developer should
particularly consider include:
National Planning Policy and Advice
      National Planning Framework 2 (June 2009);
      SPP2 Economic Development (2002);
      SPP 7 Planning and Flooding (2004);
      SPP10 Planning for Waste Management (2007);
      SPP17 Planning for Transport (2005);
      SPP23 Planning and the Historic Environment (2008);
      NPPG 13 Coastal Planning (1997);
      NPPG 14 Natural Heritage (1997);

      PAN33 Development of Contaminated Land (Revised 2000);
      PAN42 Archaeology - The Planning Process and Scheduled
       Monument Procedures (1994);
      PAN47 Community Councils and Planning (1996);
      PAN51 Planning, Environmental Protection and Regulation (Revised
      PAN53 Classifying the Coast for Planning (1998);
      PAN56 Planning for Noise (1999);
      PAN58 Environmental Impact Assessment (1999);
      PAN60 Planning for Natural Heritage (2000, Paragraph 47 updated
      PAN61 Planning and Sustainable Urban Drainage Systems (SUDS)
      PAN63 Waste Management Planning (2002);
      PAN68 Design Statements (2003);
      PAN69 Planning and Building Standards Advice on Flooding (2004);
      PAN75 Planning for Transport; (2005)
      PAN79 Water and Drainage (2006);
      PAN81 Community Engagement – Planning with People (2007); and
      PAN84 Reducing Carbon Emissions in New Development (2008).

The Approved Edinburgh and the Lothians Structure Plan 2015

      Policy TRANS5      Transport Implications of New Development
      Policy ENV1A       International Natural Heritage Designations
      Policy ENV1B       National Natural Heritage Designations
      Policy ENV1C       International and National Historic or Built
                          Environment Designations
      Policy ENV1D       Regional and Local Natural and Built Environment
      Policy ENV1E       Features of Local Importance
      Policy ENV1F       Environmental or Biodiversity Assessments
      Policy ENV5        The Coast

The Adopted East Lothian Local Plan 2008

      Policy NH1a         Internationally Protected Areas
      Policy NH1b         Sites of Special Scientific Interest
      Policy NH2          Wildlife and Geological Areas
      Policy NH3          Important Local Natural Heritage Sites
      Policy ENV3         Listed Buildings
      Policy ENV4         Development in Conservation Areas
      Policy ENV7         Scheduled Monuments and Archaeological Sites
      Policy NRG1         Electricity Generating Stations
      Policy C3           Protection of Open Space
      Policy C6           Rights of Way
      Policy C8           Musselburgh Lagoons
      Policy T2           General Transport Impact
      Policy DP1          Landscape and Streetscape Character
      Policy DP2          Design
      Policy DP6          Extensions and Alterations to Existing Buildings
      Policy DP12         Biodiversity Assessment
      Policy DP16         Flooding
      Policy DP18         Transport Assessments and Travel Plans

Approved Edinburgh and Lothians Structure Plan 2015 (approved June 2004)

1.4 What makes a good quality Environmental Statement (ES)

      Good preparation is everything. Spending, for example, an additional
       three months at the pre-application stage on an ES may save many
       months later. If the ES is considered deficient, the Scottish Ministers
       may request further information in order to reach a determination on
       the application. This in turn will need to be gathered and advertised
       and a further opportunity will have to be given for representation to be

      Ensure that the ES and, in particular the Non-Technical Summary is
       easy to understand, well cross-referenced and written in plain English.

      Don’t rely solely on scoping opinion from Scottish Ministers to capture
       everything that should be included in the ES. The scoping opinion
       offers only a limited consultation exercise in which consultees have
       only three weeks to make their views known. It is recommended that
       developers also consider wider group and public interests in
       developing their statement. See Planning guidance note PAN81.

Contents of the ES

Developers should be aware that the ES should also be submitted in a user-
friendly PDF format which can be placed on the Scottish Government website.
High resolution and low resolution PDF versions should be provided. A
description of the methodology used in assessing all impacts should be
included. It is considered good practice to set out within the ES the
qualifications and experience of all those involved in collating, assessing or
presenting technical information.

The ES should contain a section on Cumulative Impacts of the project
(this has not been indicated in Section 9 of the EIA Scoping Report).

Health Protection Scotland
The outline suggests that volume 1 will have headings identifying the main
“hazards” including electromagnetic fields, noise, air quality, socio-economic
impacts. It is helpful to have these hazards clearly identified and that they be
considered under these headings. However, when the final environmental
statement (ES) is written, it might be worth considering writing a section
written from the “human receptor” perspective taking a more holistic approach
to all these hazards and how they might be perceived or how they might
impact on the local population living in the nearby areas. Adopting a
“receptor” perspective might assist in making the report more reader friendly
and might help make the work more understandable and relevant to the local
population than adopting a purely hazard based approach to writing of the

Non-technical summary

This should be written in simple non-technical terms to describe the various
options for the proposed development and the mitigation measures against
the potential adverse impacts which could result.

1.5 Human Health Perspective
Health Protection Scotland
The scoping report appears to be comprehensive in the range of topics to be
covered in the EIA. From the human health perspective, the report identifies
potential hazards associated with the demolition, reconstruction and
subsequent operational phases of the proposed development. The report
includes mention of the local populated sites near Cockenzie Power Station in
the list of “sensitive receptors”. Hence the potential impact of the proposed
development on the local public health appears to be implicitly acknowledged
for inclusion in the final Environmental Statement. It would be useful however
to be more explicit in mentioning that the EIA will include assessing the
potential impacts on the local population’s health.

1.6 Life-time Sustainability Assessment
Health Protection Scotland
Within the scope of the environmental statement, there will be some
discussion of the choice for gas as a fuel versus an alternative. Perhaps it
might be appropriate to consider the long term sustainability of this decision
given the long term future of such fuel supplies. It might be helpful to consider
a lifetime or life cycle approach to the new development in terms of
considering the total impact over the proposed lifetime of the new facility.

2. Aviation


We believe the following issues are relevant:
   Aerodromes. In respect of any potential aerodrome related issue, I
     have few associated observations other than to highlight the need for
     the appropriate planning authority to check any safeguarding maps
     lodged with the authority to identify any aerodrome specific
     safeguarding issues. Mindful of this requirement, I believe it would be
     sensible to establish the related viewpoint of BAA in respect of
     operations associated with Edinburg Airport.
   Aviation Warning Lighting. Dependant upon the height of the structures
     associated with the new development1 there might be a need for
     aviation warning lighting.

          o In the UK, the need for aviation obstruction lighting on 'tall'
            structures depends in the first instance upon any particular
            structure's location in relationship to an aerodrome. If the
            structure constitutes an 'aerodrome obstruction' it is the
            aerodrome operator that with review the lighting requirement.
            For civil aerodromes, they will, in general terms, follow the
            requirements of CAP 168 - Licensing of Aerodromes. This
            document can be downloaded from the Civil Aviation CAA
            website at - Chapter 4
            (12.8) refers to obstacle lighting.
          o Away from aerodromes Article 133 of the UK Air Navigation
            Order applies. This Article requires that for en-route obstructions
            (ie away from aerodromes) lighting only becomes legally
            mandated for structures of a height of 150m or more. However,
            structures of lesser high might need aviation obstruction lighting
            if, by virtue of their location and nature, they are considered a
            significant navigational hazard. Routinely, structures less than
            150m high and away from the immediate vicinity of an
            aerodrome are not routinely lit for civil aviation purposes.

      Gas Venting and/or Flaring. The SR does not appear to mention
       whether the power station would vent or flare gas either routinely or as
       an emergency procedure such as to cause a danger to overlying
       aircraft. It is assumed that it would not. If that is not the case parties

       are invited to use myself as an appropriate point of contact for any
       further related discussion.

      Aviation Promulgation. There is a civil aviation requirement in the UK
       for all structures over 300 feet high to be charted on aviation maps.
       Should this development progress and the 300 feet height be
       breached, to achieve this charting requirement, developers will need
       to provide details of the development to the Defence Geographic
      Military Aviation. For completeness, the Ministry of Defence position in
       regards to the proposed development and military aviation activity
       should be established.

Any associated Environmental Statement (or similar) would be expected to
acknowledge and where applicable address the issues highlighted above.
Whilst none of the above negates any aforementioned need to consult in line
with Government requirements associated with the safeguarding of
aerodromes and other technical sites, We hope this information matches your
requirements. Please do not hesitate to get in touch if the Scottish
Government requires any further comment or needs clarification of any point.

Cockenzie & Port Seton Community Council
We are concerned that at this point of the project the height of structures are
unknown. This area is in the flight path for Edinburgh Airport, Leuchars Air
Base (which practices low flying), has numerous private helicopters and
gliders using the area. We also have concerns re East Fortune Airfield which
runs recreational flying trips, lessons in flying helicopters, flight training,
organises and holds air shows, has landing facilities for small private aircraft
and is the base for the local micro-lites club.

3. Ecology

Cockenzie & Port Seton Community Council
Geology and Soils
There is a high potential for contamination and it is of great concern that the
desk-based assessment has not been done.

Hydrology and Hydrogeology
How much of this is applicable considering the knowledge we now have on
the effects of climate change.

The Environmental Statement (ES) should address any likely impacts on the
following designations in the vicinity of the proposal and should provide
suggestions for any mitigation that is required.

International Sites: Firth of Forth Special Protection Area (SPA) and Ramsar

Cockenzie Power Station adjoins the Firth of Forth SPA that is designated
under the EC Wild Birds Directive for its wintering and post breeding
populations of certain species and also for its waterfowl assemblage. A full

citation for the Firth of Forth SPA is available from SNH’s website through the
following sitelink facility:


The legislative requirements for European sites are summarised in Circular
6/95 as amended June 2000. As the proposal is not connected with, nor
necessary for, the conservation management of the Firth of Forth SPA, further
consideration is required.

SNH’s advice is that the replacement of four coal fired boilers and associated
works to convert to a natural gas fired power station is likely to have a
significant effect on the qualifying interests of the SPA. SNH’s advice is that,
as a consequence, the Scottish Government, as the competent authority, will
be required to undertake an appropriate assessment of the implications of the
Cockenzie CCGT application for the site in view of the site’s conservation
objectives for its qualifying interests.

The competent authority needs to have sufficient information in order to carry
out the appropriate assessment. SNH therefore advises that Scottish Power’s
appraisal of the proposal should be carried out in view of the conservation
objectives for the Firth of Forth SPA which are available from SNH’s website
through the sitelink facility:,910284,53_920284&_dad

SNH advise that the appropriate assessment should consider the impacts of
the following in particular:

      The impacts of modifications to the existing seaward structures,
       including the existing jetty, seawall, cooling water outlet and intake
       shaft network. These impacts should consider effects on off-shore
       wintering populations of qualifying species such as ducks, grebes and
      The impacts of underwater noise resulting from any blasting or pile
       driving during working on seaward structures.
      The impacts of any additional sea traffic associated with the
       development on populations of duck, diver and grebe.
      Indirect impacts to qualifying interests through interruption or changes
       to coastal processes including tidal flows, local currents and sediment

This may not be a conclusive list of issues to be considered and SNH would
be happy to assist further in identifying potential issues to be further
considered as more details of the proposals become known.

Overall we are supportive of the survey methodology outlined in the scoping
report for over wintering bird populations; however we believe that this can be
improved by completing mid-tidal counts to support low and high tidal monthly

counts. We would also recommend that Webs data are included in an
appropriate assessment as this can be used to assess the importance of
individual sections of coast line for wintering populations of birds. We would
also recommend that East Lothian Council is consulted with regards to over
wintering bird populations using the Musselburgh Lagoons area. These data
will supplement data which are currently being collected as part of the
Environmental Impact Assessment.

SNH support the proposal to present the appropriate assessment as a stand
alone document from the EIA, as the data can more easily be taken through
each test. However, we recognise that information contained in any EIA and
ES will support the appropriate assessment. The issues covered in the
appropriate assessment for the SPA should also be sufficient to cover any
issues relating to the Firth of Forth Ramsar Site.

3.1 EC Birds Directive and Habitats Directives
The need to demonstrate proper compliance with the obligations of the EC
Birds Directive and Habitats Directives is a frequent issue in the consideration
of major development projects - especially in relation to transport
infrastructure projects, and energy projects in the open countryside. The
Habitats Directive requires the application of a specific procedure which all
competent authorities must observe when considering any application for
consent. In Scotland, this requirement is transposed into domestic legislation
by the Conservation (Natural Habitats, &c.) Regulations 1994 (the “1994

In designing a proposal developers should pay particular attention to the
potential impacts on designated sites and protected species and seeks to limit
any adverse impact to an absolute minimum.

3.2 Designated Sites – the Natura 2000 Network
“Natura 2000” is an EU-wide network of protected sites which comprises both
SPAs (Special Protection Areas) and SACs (Special Areas of Conservation)
which are designated under the EC Birds and Habitats Directives respectively.
The 1994 Regulations contain specific provisions which apply to protect
“European sites” (this term is defined in the regulations and includes SPAs,
SACs and candidate SACs). It is important to note that the legislation
requires consideration of the potential affects on these sites regardless of
where a project proposal is located; proposals located outwith protected sites
still require the same consideration of their potential to have an adverse affect
on the interests for which a site (or sites) is designated.

In principle, the Habitats Directive does not automatically preclude
development or operations which might have an adverse impact on protected
habitats or species. However, in practice the Directive imposes an
exceptionally high level of protection for designated sites unless the criteria for
derogation which are provided in the Directive can be met.


The potential impacts of this development on the Firth of Forth SPA should be
considered in conjunction with other proposed developments or consented
operations that are currently in the public domain. For example, the proposed
replacement crossing and the development at Port Edgar and Leith Docks
may have potential impacts on the interests of the Firth of Forth SPA.

Consideration also needs to be given to a wider suite of designated sites in
relation to air emissions and this should follow the previous appropriate
assessment carried out for the Longannet FGD and SCR Projects. SNH will
be happy to assist in the provision of a list of projects known to SNH, which
should be taken in to account in any appropriate assessment process. We
are also happy to advise further on the information that may be required to
inform any appropriate assessment.

3.3 Application of Article 6(3) and 6(4) of the Habitats Directive to
development proposals

The Habitats Directive introduced the precautionary principle for protected
areas. Development proposals likely to have a significant effect on European
sites can only be permitted if it has been ascertained by means of an
appropriate assessment that the integrity of a site will not be adversely
affected (Article 6(3) of the Directive as transposed by Regulation 48 of the
1994 Regulations).

When considering a consent which might affect a European site in Scotland,
the competent authority (which, in the case of Section 36 applications is
generally Scottish Ministers) must first determine whether the proposal is
necessary for the beneficial conservation management of the site. If this is
not the case, the competent authority must decide whether the proposal
(either alone or in combination with other plans or projects) is likely to have a
significant effect on a site or sites.

If the proposal is likely to have a significant effect, the competent authority
must undertake an “appropriate assessment” of the implications in view of the
site’s conservation objectives. Regulation 48(3) of the 1994 Regulations
requires that for the purposes of the assessment, the competent authority
must consult the appropriate nature conservation body (i.e. Scottish Natural
Heritage). When producing the Environmental Statement, developers
should consider what data is likely to be required by Scottish Ministers
to allow them to undertake the appropriate assessment.

Following appropriate assessment, if Scottish Ministers are unable to
conclude that the proposal will not adversely affect the integrity of the
European site, they may only give their consent if the terms of the derogation
provided in Article 6(4) of the Directive (as transposed in the 1994
Regulations) can be met – i.e.

 i. there is no alternative to the plan or project


ii. there are imperative reasons of overriding public interest (IROPI),
    considerations for which are subject to additional criteria depending on
    whether the site hosts a “priority” habitat or species

  and on the condition that

iii. compensatory measures to maintain the overall coherence of the
     Natura 2000 site series are provided; the European Commission must
     be informed of the compensatory measures adopted.

3.4 European Protected Species

SNH notes that initial survey work has been undertaken to identify suitability
of habitats to support European protected species, such as otter and great
crested newts. SNH recommend that Otter spraint surveys are carried out
prior to any development work between May and September and that all
foreshore and freshwater habitats are surveyed. Note that guidance on otters
and development, including otter survey guidance can be found at the
following link:

We are content with the methodology used to assess Great Crested Newt
habitat suitability. I can also confirm that we have no records of Great Crested
Newts within 5km of the proposed development site. All potential roost sites
for bats should be surveyed following the Bat Survey Good Practice
Guidelines (Bat Conservation Trust 2007) and we would recommend that
pre-demolition/construction surveys are carried out for bats.

Cetaceans, i.e. all species of dolphins, porpoises and whales, are EPS.
Several species of Cetaceans are known to occur in the Firth of Forth, of
which the most common are harbour porpoises and bottlenose dolphins. It is
unclear from the scoping report whether or not there is likely to be any impact
on these species. SNH will be happy to advice further as details of the
construction and any noise / piling issues are identified. SNH supports the
proposal to undertake pre-construction protected species surveys prior to any
work starting.

Firth of Forth Site of Special Scientific Interest (SSSI)

The proposed development site adjoins the Firth of Forth Site of Special
Scientific Interest which has been notified for a range of features listed in the
SSSI citation and can be accessed through SNH’s Sitelink facility at the
following link:


Consideration needs to be given to the notified features of the SSSI within the

Animals and plants listed in Annex IV of the Habitats Directive, whose natural
range includes any area in Great Britain, are listed under the 1994
Regulations as European protected species (EPS). They are species of
European Community Interest in need of strict protection and include bats,
otters, great crested newts, natterjack toads and wildcats. For a complete list
of European protected species, see Schedules 2 and 4 of the 1994

In Scotland, it is an offence deliberately or recklessly to capture, injure, kill or
disturb (in specified circumstances) a wild animal of a European protected
species, or deliberately or recklessly to take or destroy the eggs of such an
animal. It is also an offence to damage or destroy their breeding sites or
resting places, whether or not the damage or destruction was deliberate or
reckless. Furthermore, it is an offence deliberately or recklessly to pick,
collect, cut, uproot or destroy a wild plant of a European protected species.

In order to allow work of an imperative nature to proceed, and in accordance
with Article 16 of the Habitats Directive, the 1994 Regulations provide for
licences to be granted to permit actions affecting European protected species
which would otherwise be unlawful. In the case of development, the licensing
authority is the Scottish Ministers. If you wish to discuss the licensing
requirements please contact:-

Scottish Government:
Species Licensing Team
Species Management Branch
Landscapes and Habitats Division
1A North
Victoria Quay

Tel: 0131 2446549

Scottish Natural Heritage:
Species Licensing and Wildlife Crime
Scottish Natural Heritage
Great Glen House
Leachkin Road

Tel: 01463 725245

      An Annex of Environmentally Sensitive Information may be
      required to provide information on nest locations or other
      environmentally sensitive information related to specially protected
      species. However, the annex should not include any information
      that is not confidential, or if it does this information should be
      contained elsewhere within the text of the environmental statement.

3.4.1 Birds

Consultee comments –

East Lothian Council

The following are considered to be significant environmental effects as a
consequence of the replacement of the coal-fired station with a CCGT station.

Levenhall Links/Musselburgh Lagoons

The designated areas within Levenhall Links are dependant on the current
processes carried out by the power station. With CCGT conversion these will
change and cause a highly significant environmental impact. Therefore the
developers should afford an exceptionally high level of protection for
designated sites and pay particular attention to the potential impacts on
designated sites and protected species; and seek to limit any adverse impact
to an absolute minimum. Development proposals likely to have a significant
effect on European sites can only be permitted if it has been ascertained by
means of an appropriate assessment that the integrity of a site will not be
adversely affected.

Bird life

Levenhall Links forms the only major high tide roost on the southern shore of
the outer Forth between Cramond and Aberlady Bay. As such it regularly
hosts a significant proportion of the Froth’s wader populations, sufficiently so
for the wader scrape and Number 8 lagoon, as well as adjacent shore to be
included within the Outer Firth of Forth Site of Special Scientific Interest.
These areas have also been included in the Firth of Forth Special Protection
Area (SPA) and Ramsar designations. This recognition is based on the site’s
value as a roosting/feeding area for wildfowl and waders.

The Links complex is an important habitat for roosting wetland birds and
supports large numbers and a high diversity of both qualifying and non-
qualifying species of the SPA, particularly during high tide when Fisherrow
Sands are covered. Its position located close to the extensive feeding grounds
therefore provides a high tide roost that can be reached by many birds with
the minimum expenditure of energy. The wader scrapes also provide an area
in which waders can feed throughout the tidal cycle.

      Lagoon No. 8 is an important roosting ground for oystercatcher and
       possibly the most important in the entire Firth of Forth supporting at
       times 12.7% of the wintering SPA population.

      In addition, winter populations of bar-tailed godwit and golden plover as
       well as grey plover and ringed plover at lagoon no.8 are also significant

      On occasions the oystercatcher also roost on the wader scrapes which
       represents an important secondary roosting site for this species. The
       wader scrapes are also regularly occupied by significant numbers of
       roosting bar-tailed godwit, redshank, curlew and lapwing as well as
       occasionally supporting large numbers of golden plover.

      Lagoon No.6 can support significant populations of golden plover,
       lapwing and ringed plover though more regularly these are disturbed by
       engineering activity nearby.

      Levenhall boat pond occasionally holds large numbers of wigeon.
          o The Links are an important roosting ground for wetland birds
            and are one of the most important roosting sites on the Lothian
            side of the Firth of Forth.

The bird reserve, or wader scrapes, forms probably the most important
conservation area at Levenhall. The scrapes consist of six shallow clay-lined
pools, which are fed by a freshwater supply from the River Esk. Water can be
pumped into the scrapes using Scottish Powers pump system when they are
not using the pumps to suppress windblown PFA. The pools can be filled
individually, and each has a sluice gate, which allows water to be drained.
This allows careful management of water levels to maximise feeding areas for
waders, whilst permitting occasional flooding to prevent colonisation by
vegetation and to maintain water quality. The wader scrapes support good
numbers of common waders such as oystercatcher, dunlin, golden and grey
plover, lapwing and curlew. Migrant waders recorded annually include spotted
redshank, little ringed plover, black-tailed godwit, and little stint and curlew
sandpiper. In addition, the area has attracted an impressive number of rarities
e.g. buff-breasted and western sandpiper, American golden plover and citrine

Other than birds the fauna of the scrapes includes frogs, toads and
sticklebacks. Invertebrates recorded in the pools include Daphnia, pond
snails, water boatmen and several species of water beetle. The vegetation
around the water attracts damselflies and common darter dragonflies.

Scoping requirements

      The Scottish Power report recognises the power station’s link with the
       lagoons to the west, for example, in identifying a reduction in waste
       and traffic flows. The Cockenzie CCGT Power Station Project has the
       potential for much more significant impacts to the designated sites.

      Burning coal the power station produces ash as a waste product. This
       is mixed with seawater and pumped into the constructed lagoons to the
       west. As the ash settles landforms have been created. Two lagoons
       remain active. Because large numbers of wading birds roost on the
       power station ash in the lagoon number 8 it has been included within
       the Firth of Forth SSSI/SPA/Ramsar designations. The Environmental
       Impact Assessment needs to assess the impact of a significant change
       in the process that has created a global/European and nationally
       important site.

      This process has required the installation of a pipeline from the power
       station to the lagoons. One section is above ground. The
       Environmental Impact Assessment needs to assess the impact of
       removal of this surplus pipe and the ground restoration thereafter on
       the SSSI/SPA/Ramsar.

      The “wader scrape” within Levenhall Links has the same
       SSSI/SPA/Ramsar designations and is dependent on the water supply
       to sustain its conservation interest. The Environmental Impact
       Assessment needs to assess the impact of a significant change in the
       process that has created a global/European and nationally important


The power station will continue to create and dispose of ash until conversion
takes place. Committing and programming this disposal so as to maximise the
benefits for the integrity of the designated site as well as meeting the power
stations operational requirements could be the basis for mitigation.

3.4.2 Fish Interests

Fish populations can be impacted by subtle changes in water quality and
quantity and changes in channel morphology that influence suitability of
habitat and consequently performance and production. A baseline survey
should be undertaken to demonstrate the species and abundance of fish
present waterbodies on and around the site throughout the year.

Particular attention should be paid to specially protected and/or vulnerable
species, especially European Protected species, and those potentially
affected by the development. However, fish and fisheries should be given due
consideration regardless of conservation designation.

The developer should ensure that the implications of changing water quality,
quantity, channel morphology and habitat continuity are addressed specifically
with reference to potential impacts on fish and that mitigation addresses these
issues. Where this information is provided elsewhere in the document, it
should be specifically highlighted.

Where a development has the potential to impact on local fish populations the
developer will be asked to develop an integrated fish and water quality

monitoring programme with baseline, development and post-development
sampling. Details of any proposed monitoring should be detailed.

Marine Scotland (Aquatic Environment)
From a FEPA point of view the main area of interest for Marine Scotland is the
level and type of activity undertaken below Mean High Water Springs
(MHWS). The seaward part of this development has still to be finalised with
regards to the level of work concerning repairs and modifications to the
existing jetty, seawall, cooling water outfall and intake shaft network. A new
slipway may also be constructed. If piling is to be undertaken for any of these
activities then special attention should be given to the effect this may have on
migratory fish (and also on cetaceans and pinnepeds).
Attention should also be given to any cumulative effects arising from other
developments in close proximity (10 km as mentioned in Section 7.2.4 of the
Scoping report) to this project with suspended sediment studies and
hydromorphological modelling to show that there will be no adverse effect on
fish or increase in contaminants from resuspended sediment. Further
consultation will be undertaken with Marine Scotland (and SNH) once the full
extent of activity below MHWS has been established. Information for an
Appropriate Assessment (including an in-combination assessment) with
regards to the Firth of Forth SPA will be provided within a supporting
document, provided with the Section 36 application.

Marine Scotland (Freshwater Lab)
The main concerns that Marine Scotland-Freshwater Laboratory (MS-FL)
have regarding the proposed development is the possible impact on migratory

It was noted that repairs and modifications may be necessary to the existing
cooling water outfall and intake at the Power Station. The Salmon (Fish
Passes and Screens) (Scotland) Regulation 1994 should be consulted
regarding fish entrainment at the point of water abstraction. Full details
describing how fish mortality and injury are prevented at the Power Plant
should be provided in the Environmental Statement (ES).

After consultation with SEPA and other appropriate authorities, water quality
in terms of discharge from the Power Plant, will need to be carefully monitored
to minimise any potential impacts from the proposed development on marine
ecology, including migratory fish. A full description of this monitoring
programme should be presented in the ES.

MS-FL concerns are in relation to the gas pipeline crossing the Canty Burn
and Cotty Burn. The input of sediment, fuel spills (hydrocarbons) during
construction can lead to deleterious effects on water quality, fish and
macroinvertebrates. This matter should be addressed in the ES with
appropriate mitigation measures.

The local District Salmon Fishery Board should be contacted concerning
detailed local information on fish stocks in the development area. The
potential effects of electromagnetic fields on migratory fish should also be
included in the ES.

SNH recommend that any impacts of proposed seaward development on
conservation fish species, such as salmon, lamprey species and eels should
be fully considered in the ES. This assessment should focus on
issues/impacts potentially arising from the installation of the cooling water
outlet and intake shaft network and the associated problems of fish
entrainment and thermal plumes.

3.4.3 European Protected Species

Marine Scotland (Aquatic Environment)
As above, with regards to noise studies for dolphins and any other EPS’s.

SNH note the presence of Peregrine Falcons within the proposed
development site. You should note that this is a Schedule 1 species under the
Wildlife and Countryside Act (1981) and it is an offence to disturb these birds
at the nest site without a licence. The ES should fully consider this issue and
any measures to avoid any disturbance to this species should be detailed in
the ES.

East Lothian Council

The following are considered to be significant environmental effects during the
construction and operational phases

The impacts of noise, vibration and general disturbance on the qualifying
interests of the International and Natural Heritage designations within the
vicinity of the power station. These impacts should be assessed at both the
construction and operational phases of the new power station and will include
an assessment of the impacts of demolition, plant and machinery and traffic.

3.4.4 Plants

A baseline survey of the plants present on the site should be undertaken, and
field and existing data on the location of plants should be used to determine
the presence of any rare or threatened species of vascular and no-vascular
plants and fungi.

3.4.5 Reptiles and amphibians

A baseline survey of the species and number of reptiles and amphibians
present on the site should be undertaken. Particular attention should be paid
to specially protected and/or vulnerable species, especially European
Protected species, and those potentially affected by the development.

3.4.6 Invertebrates

A baseline survey of invertebrates present on the site and in the waterbodies
and around the site throughout the year should be undertaken. This should
be guided by existing information on the presence, distribution and
abundance of notable invertebrates. Sampling of aquatic invertebrates should

extend to waterbodies which may be affected by run-off from the site during
construction, operation or decommissioning. Particular attention should be
paid to specially protected and/or vulnerable species, especially European
Protected species, and those potentially affected by the development.

4 Archaeology and cultural heritage

Cockenze & Port Seton Community Council
We have concerns re the likely loss of historic relics. We have a wealth of
cultural heritage, archaeological sites - good for tourism. It is essential that the
site of the Battle of Prestonpans be recognised and conserved. They should
not be put at risk or destroyed.

4.1 General Principles

The ES should address the predicted impacts on the historic environment and
describe the mitigation proposed to avoid or reduce impacts to a level where
they are not significant. Historic environment issues should be taken into
consideration from the start of the site selection process and as part of the
alternatives considered.

National policy for the historic environment is set out in the following key

      Scottish Planning Policy (SPP) 23: Planning and the Historic
       Environment (2008):

      Scottish Historic Environment Policies (SHEPs) - a new series of
       Scottish Government policy documents which set out Scottish Ministers
       strategic policies for the historic environment. The series can be
       viewed at www.historic-

      The Memorandum of Guidance on Listed Buildings and Conservation
       Areas, 1998: www.historic-

SPP 23 is supported by PAN 42 Archaeology - The Planning Process and
Scheduled Monument Procedures - and PAN 71
Conservation Area Management -

SPP 23 should be read in conjunction with the condensed Scottish Historic
Environment Policy - http://www.historic-
er=r&cq=&id=49091dc617 produced by Historic Scotland. Together these

provide the Scottish Government's policy and advice on planning for the
historic environment. The key elements are:

      Encouraging a positive and proactive approach to managing change in
       the historic environment, enabling development and securing best
       viable use;
      Ensuring the special qualities of the historic environment are protected,
       conserved and enhanced. This should cover statutory and non-
       statutory designations, while recognising that the latter, such as
       archaeological remains, can be material consideration in the planning

Historic Scotland recommends that you engage a suitably qualified
archaeological/historic environment consultants to advise on, and undertake
the detailed assessment of impacts on the historic environment and advise on
appropriate mitigation strategies.

Landscape & Visual
We support the use of a 10 km radius around the proposed development site
to investigate the potential impacts of the proposed development on the
landscape and visual amenity of the site and the surrounding area. SNH
would welcome the opportunity to advice on the selection of a range of key
view points in order to assess landscape and visual impacts on important
visual receptors.

The Coal Authority
Our records indicate that there has been past coal mining activity within and in
the vicinity of the development site. There are a number of recorded mine
entries within and in close proximity to the site boundary, along with both
known and probable shallow coal mine workings within the western part of the
site area. As a consequence, there may be instability, gas and drainage
issues. Failure to acknowledge these within the proposed development may
lead to public safety issues.

Although the Coal Authority would not object in principle to the proposal, any
stability and other public safety issues arising from the past coal mining
activities and presence of coal within the site should be fully considered within
the Environmental Statement. Any necessary mitigation measures to address
these issues should also be included within the Environmental Statement.

The Coal Authority is pleased to note that Section 8.9 of the Scoping Report
states that the Environmental Statement will consider the implications of
historical mine workings, and incorporate an assessment of mineral stability,
within a specific section on Geology and Soils. It also notes that a review of
ground conditions will be undertaken and, at paragraph 8.9.4, includes a list of
information that will be utilised for this purpose. This list should be expanded
to include coal mining information which is available from the Coal Authority –
see the contact details below. The coal mining issues which the Geology and
Soils section of the Environmental Statement should contain information on

• The location and stability of abandoned mine entries
• The extent and stability of shallow mine workings
• Outcropping coal seams and unrecorded mine workings
• Hydrogeology, minewater and minegas
• Appropriate mitigation measures, as required, to address any issues
identified through the analysis above
• Whether Coal Authority permission to intersect, enter, or disturb any coal or
coal workings during site investigation or development works will be required

These requirements should therefore be clearly identified in a specific section
on Geology and Soils within your Scoping Opinion.

The issue of minewater, in particular, will require detailed consideration within
the Environmental Statement as there are currently issues relating to rising
minewater within the vicinity of the site. The Coal Authority is currently in the
process of implementing a treatment and pumping scheme in order to lower
the current minewater levels in the area in conjunction with SEPA. The
scheme (known as the Blindwells Minewater Treatment Scheme) will be
located at Seton on land to the south of the existing railway line and bounded
to the north and west by the A198. It involves the development of a series of
reed beds to filter and treat minewater along with the installation of associated
pumping equipment. Works to implement the scheme are due to commence
on site in September 2009, and it is anticipated that the scheme will be
commissioned and operational by September 2010. The Coal Authority will
also be raising this issue in its response to the Scoping Opinion request for
the associated application to construct a pipeline to transfer gas to the
proposed Cockenzie Power Station, as the presence of the Blindwells in
water Treatment Scheme will need to be fully acknowledged when developing
the pipeline application. This is not currently the case, as the proposed
pipeline route crosses the area on which the Blindwells Scheme will be
developed and, as such, is unlikely to represent a feasible route option.

In addition to the issues above, the Geology and Soils section of the
Environmental Statement should incorporate an assessment of any potential
impacts of the development in relation to the sterilisation of coal resources.
Subject to confirmation of the underlying ground conditions, and in line with
paragraph 20 of SPP16, the Coal Authority is of the opinion that the prior
removal of any remnant shallow coal should be considered wherever
possible. This would enable the land to be stabilised and treated rather than
the less sustainable option of attempting to grout fill any voids, with the
consequent sterilisation of the nation’s asset. An assessment of any potential
sterilisation impacts, along with consideration as to whether the prior
extraction of coal would be appropriate, should therefore also form part of the
Environmental Statement. It should be noted that, under the Coal Industry Act
1994, the prior extraction of coal would require a licence from the Coal

Information on the issues above can be obtained from the Coal Authority's
Mining Information Department (Tel 0845 762 6848), Environment
Department (Tel 01623 637200) or from our website at


The following are considered to be significant environmental effects during the
construction phase


In the section 8.5 Cultural Heritage and Archaeology of the EIA Scoping
Report the steps that will be taken to identify the known and potential
archaeological and historical remains that may potentially be affected by the
development are outlined. These are:

   1) A full Desk Based Assessment of all known archaeological sites
      (designated and non designated) within 3km of the site boundary.
   2) An assessment of the of the importance of these sites and their
      archaeological potential
   3) A reconnaissance survey and a review of available sub-sea sonar
      surveys to aid the formation of the Desk Based Assessment.
   4) An assessment of the impacts of the proposed development upon the
      cultural heritage and mitigation proposals to offset any impact will be

The Council’s Heritage Officer confirms that this is an approach is entirely
appropriate. However, special consideration should be given to the Battle of
Prestonpans and an assessment of the impact of the proposed development
upon the battlesite should be included.

It would also be advantageous for the Desk Based Assessment to assess
differing mitigation methodologies (i.e trenching, geophysics, metal detecting
etc) in relation to any impact of the development upon the battlesite. This
assessment should inform any proposals for mitigation measures.

The following are considered to be significant environmental effects during the
construction and operational phases

The Built Environment

The ES should consider the impact of the appearance of the proposed new
power station within the local and wider landscape and built environment,
including its impact on the character and appearance of the adjoining
Cockenzie and Port Seton Conservation Area and the Prestonpans
Conservation Area, the East Lothian coast and built and historic environment
designations. The receptors are detailed in 3.4.1 of Scottish Power’s Scoping
Report and the Council is broadly in agreement with these. Landscape and
Visual impact matters are referred to in section 8.11 of this report and the
Council is also in broad agreement with this.

Cockenzie & Port Seton Community Council

We believe the site is needed to accommodate the increase in population who
now need more amenities, especially for our youths - sports hall, youth hall;
playing fields, tennis courts, and biking area are among the requirements for a
growing community. In addition, to build on tourism - a visitor centre for the
battlefield, a fishing museum, expansion of marina. This would create more
jobs than the final number to be employed in the new station, a healthier
environment and healthier people.

Flooding is a threat at present but with the knowledge that we now have re
rapid rate of climate change.
Refs: search climate change, go to

Potential Environmental Sensitivities/Sensitive Receptors
Concerns that our vast wealth of history, conservation areas, listed SAMs will
be damaged or lost. The very close proximity to homes, schools and leisure
areas such as John Muir Way and the beach, which is identified under the EC
Bathing Water Directive as a bathing beach, is a threat to health and well-

EIA Methodology
We would like to have more information re alternative sites considered and
costs of these and of the proposed new station. (There appears to be a
contradiction here as we have been told at the consultation and at a meeting
with Scottish Power at the existing station that there are no alternatives and
therefore no costings of alternatives.)

This is of great concern and we refer to the Corby case - search Corby steel
works demolition.
We believe that asbestos was used in the building of the existing station.
Concerns re ability to control toxins released and transported in the course of
Who would be responsible for any problems arising from this?

Construction and Management
Concerns re new access, volume of traffic and health and safety issues this
would cause.

Potential Significant EIA Issues
The Community Council is extremely concerned that this project will have a
severe impact to the environment, health, wildlife. At present residents living
at Whin Park area are having to have their windows and cars cleaned due
to emissions from present station - the effects of demolition and rebuilding will
be enormous and unacceptable. It would be unlikely that air quality targets
could be met.
These targets are meaningless to those in the community who suffer lung
conditions - of which there are many within the buffer zone shown in the
scoping report. Ref:

Coatal Processes
There is a Holiday Village at Seton Sands owned by Bourne Leisure. The
beach is an important and essential business asset and is one of the main
attractions for holidaymakers/tourists, the local community and indeed the
residents in surrounding towns and villages and beyond. Tourism is important
to the economy of the area and the station - existing or new - is not conducive
to building further on the tourist trade due to the uncertainties/likelihood/threat
of pollution to the Forth. The Forth has a wealth of sea life and birds. These
should be protected and allowed to flourish and not be threatened by

We have serious and unacceptable noise problems at present and the
proposal will only exacerbate this situation.

4.2 Baseline Information

Information on the location of all archaeological/historic sites held in the
National Monuments Record of Scotland, including the locations and, where
appropriate, the extent of scheduled monuments, listed buildings and gardens
and designed landscapes can be obtained from

Data on scheduled monuments, listed buildings and properties in the care of
Scottish Ministers can also be downloaded from Historic Scotland’s Spatial
Data Warehouse at
For any further information on those data sets and for spatial information on
gardens and designed landscapes and World Heritage Sites which are not
currently included in our Spatial Data Warehouse please contact Historic Scotland would also be happy to
provide any further information on all such sites.

4.3 Traffic Management

The Environmental Statement should provide information relating to the off
site traffic impacts. The Environmental Impact Assessment should address
issues such as stress points at junctions, approach roads, bridges, etc.

Where potential environmental impacts have been fully investigated but found
to be of little or no significance, it is sufficient to validate that part of the
assessment by stating in the report:

      the work has been undertaken, e.g. transport assessment;
      what this has shown i.e. what impact if any has been identified, and
      why it is not significant.


SNH note that there will be potential disruption to non-motorised traffic
(pedestrians, cyclists and equestrians) along the John Muir Way and core
paths during the construction, demolition and operational phases of the
development. We therefore recommend that temporary alternative access
routes for the John Muir Way and core paths should be discussed and agreed
with East Lothian Council. These alternative routes should be detailed in the
ES. We would also recommend that the 2004 Land Reform Access Guidance
is considered and referred to in the ES as well as opportunities to enhance
the access network.


The following are considered to be significant environmental effects during the
construction phase

The ES must assess the proposed development’s impact on the road network
in and around the power station, and on the occupiers of properties adjacent
to these roads, and other routes that might be affected, during
decommissioning, demolition and construction works and in the subsequent
operational phase. Transport Scotland may require some assessment of the
impacts on the A1 and its junctions.

East Lothian Council needs to approve route(s) to be used for construction
and demolition traffic, how abnormal loads will be routed to/from the plant and
how local roads will be kept clear of mud and debris generated by
demolition/construction traffic. Any proposed road closures/diversions
(temporary or permanent) should be highlighted and discussed at an early
stage with the Council’s Head of Transportation.

Other issues

The following are considered to be significant environmental effects during the
construction and operational phases

1     Open Space

The impact on the open space areas adjacent to Cockenzie Power Station
needs to be addressed in the Environmental Statement.

The National Policy context for open space planning and management is
SPP11: Physical Activity & Open Space, November 2007. SPP11 sets out
how the planning system should help safeguard and create new open spaces
and places where people can take part in sport and recreation.

The key objectives of SPP11 include the protection and enhancement of open
space and the protection and support of opportunities for sport and recreation.
Within SPP11 there is a presumption against development on open spaces
that are valued and functional.

The Proposed Development Site covers open space areas to the east, west
and southwest of Cockenzie Power Station. These areas of open space are
valued and functional in that:

       They form the gateway to both Cockenzie & Port Seton and
       Local community groups (Cockenzie & Port Seton In Bloom and
        Cockenzie & Port Seton Community Council) have invested significant
        expenditure and resources in the environmental improvements on the
        West Links (refered to as the Heritage Links in the Cockenzie Power
        Station Scoping Report). The quality open space that has been
        created, through the efforts of the local community groups, has
        contributed significantly to the success of Cockenzie & Port Seton in
        the Scotland In Bloom competition;
       The open space to the west and southwest of the Power Station is
        used regularly for a variety of recreational purposes.

       Scoping Requirements

       The Environmental Impact Assessment should assess the impact of
        the loss or partial loss of all the areas of open space would have on the
        landscape and visual amenity of Cockenzie & Port Seton and
        Prestonpans The impact the loss or partial of the areas of open space
        to the west and southwest of the Power Station would have on
        recreation should be considered in the Environmental Impact

       The Environmental Impact Assessment should assess the impact of
        the displacement of the recreational activities on onto other areas of
        open space;

       The Environmental Impact Assessment should assess impact of the
        loss or partial loss of this open space, both in terms of visual amenity
        and recreational provision, on the local community and visitors to the
        area who currently make use of this facility.


The Environmental Statement should consider what mitigation measures are
required to compensate for the loss or partial loss of the open space.

2       Recreation and Tourism

        The ES should consider the impact of the proposed development on
        the continued use of this part of the coast as a tourism attraction. In
        particular, the ES should consider the development’s impact on users
        of the John Muir Way coastal footpath and any implications on its
        tourism and recreational value.

3       Socio-economic effects

    The Council notes and supports Scottish Power’s intention to examine
    socio-economic effects (section 8.14 of their Scoping Report). The impact
    of the proposed development on recreation and tourism, particularly the
    enjoyment of the East Lothian coast, is a matter that the Council would
    wish to be assessed.

    The study of the socio-economic effects should also include an assessment
    of the effect of an extended, long-term presence on the local population
    and economy of a major power generating plant within a relatively small
    community that, as well as the employment benefits, has had to endure the
    visual and environmental disbenefits of the existing plant for over 40 years.

The following are considered to be less significant environmental effects

1       Impact on non vehicular access
           a. Current
           b. Future

2       The removal of the off site emergency centre located in the Cockenzie
        Power station complex

3       The potential impacts on coastal process

4       Impact on the community orchard and meadow to the west of the coal
        store and immediately south of the sub – station fence line.

        The meadow is mentioned in the Phase1 Habitat Survey in the Power
        Station Scoping Opinion, but not the wild shrubs and two orchards

4.4 Abatement Technology

Health Protection Scotland
Reference is made to controlling NOx by “primary” means and that it is not
proposed to use “secondary” abatement. It might be helpful in the final
environmental statement (ES) to explain in more detail what is meant by
“primary” means and to justify the rationale for not retaining the option of
secondary abatement. It would be helpful to point out what the implications of
failure of the “primary” means of abatement might result in and why there was
therefore no need to have a secondary back-up system.

5. Emissions

The Scottish Government’s focus is on achieving sustainable economic
growth. That objective is at the heart of the national agenda, driving our
policies and spending plans. We are conscious that energy policy is central to
our Purpose to increase sustainable economic growth. Energy is therefore not
just vital to keeping Scotland's businesses, hospitals and schools running;

heating our homes; and transporting goods and people - energy also plays a
key role in Scotland's economy. Energy production is also a significant
contributor to emissions of greenhouse gases that are contributing to climate
change. Reducing the carbon impact of energy supply, which accounts for
over a third of Scotland’s net greenhouse gas emissions, will be key to
ensuring that Scotland’s economic growth is sustainable.

The Scottish Government has made clear its determination that Scotland will
play its part in international efforts to reduce global emissions and has
committed to introduce a Scottish Climate Change Bill including a mandatory
target to achieve an 80% reduction in Scottish emissions by 2050. In the
shorter term, we have committed to reduce emissions from 2005 levels in the
period to 2011. We have consulted on our Bill proposals and further details
can be found at:

The Bill will set a clear, long-term legal framework to drive emissions
reductions, thereby allowing businesses, organisations and individuals to
invest in energy and carbon saving technologies with certainty.

This Government believes that renewable and cleaner fossil fuelled plant can
power Scotland's future. We want the right energy mix in terms of security, in
terms of climate change and in terms of our drive for sustainable economic

Cockenzie & Port Seton Community Council

Clarification is required on reduction of emissions of carbon dioxide and
combustion gases. At present, the power station is only a “part-time” station.
It is believed the new CCGT station would be full time. It is not clear if this has
been taken into consideration when calculating the reduction in emissions.
However, even if emissions of C02 are around half of what we have at
present we would have that percentage (quotes have varied) as extra
emissions in our area.

5.1 LCPD and Future Directives

The EU Large Combustion Plants Directive (LCPD) limits emissions of NOX,
SOX and dust into the air from large combustion plants and covers plants
over 50 MW in size. The LCPD therefore includes within its scope fossil fuel
generators in the electricity generating sector.

The European Commission has come forward with changes to the LCPD
within its proposed new Industrial Emissions Directive (IED). It has proposed
that from 2016 there should be tighter Emission Limit Values ELVs but has
not included the National Emissions Reduction Plan and opt out provisions
that are in the present LCPD. Negotiations on the proposed IED are on going
in the EU. The proposal if agreed in its present form could have implications
for the size of the fossil fuel generating sector in Scotland post 2016. Scottish
Ministers will be mindful of any European changes in considering Thermal
Applications in Scotland.

5.2 Climate Change Adaptation

The developer should also detail within the ES what plant adaptations may be
required in order to meet the changing environment brought about through
climate change.

5.2.1 – Air Quality


The likely impact on local air quality will be considered by the Scottish
Ministers within the context of the Section 36 application in accordance with
Scottish Executive Technical and Policy Guidance on Local Air Quality
Management (LAQM). It will be necessary to consider the cumulative effect
of point source emissions, fugitive emissions and existing background levels
to ensure that no air quality objective is likely to be breached as a result of
emissions from the development. Further information is available from the
LAQM pages on the Air Quality Archive website and from the National Society
for    Clean    Air:   and

Note that the contribution of the installation to ambient levels of Air Quality
Strategy pollutants will also be assessed as part of the Pollution Prevention
and Control (Scotland) Regulations 2000 (PPC) Permit application
determination. It is therefore important that as far as possible that the
information used in any Environmental Statement (ES) should be as accurate
and as complete as possible. SEPA understands that not all design issues
will have been resolved at the ES stage but to avoid unnecessary duplication
of work it is advantageous to ensure that as a minimum the emission data
used is as robust as possible. This may also avoid delay in consenting, if for
example a substantially revised or update air quality impact assessment is
required for PPC permitting purposes.

The ES should include an assessment of the impact from emissions including
particulate matter (including PM10 and PM2.5 fractions as a minimum),
oxides of nitrogen, carbon monoxide, ammonia if Selective Catalytic
Reduction is used as abatement (due to ammonia slippage), and water
(plume visibility). The ES should also be clear about how uncertainty is dealt
with (for example with future emissions data). Further, where there is no
statutory threshold (standard or guideline) available with which to compare
concentrations the chosen comparator must be justified. The ES must also
address potential impacts on ecosystems as well as human health.

The ES should include a human health impact assessment (HHIA) using a
methodology acceptable to SEPA. Any application for PPC permit will require
such an assessment to be included Further information and advice on
undertaking a HHIA can be obtained directly from SEPA. The Sniffer report
UKCC02 on ‘Environmental Legislation and Human Health – Guidance for
Assessing Risk’ may also be of use (available from SEPA).

Any environmental assessment included in the ES should contain the base
assumptions used including, but not limited to, the assumed release rates of
substances from the proposed plant. Given that the plant is not proposed to
be operational until 2016 the appropriate maximum emission limit values for
key pollutants would likely be those currently suggested to form part of the
proposed Industrial Emission Directive as well as the indicative BAT
standards given in the European BAT Reference document for large
combustion plants.

The ES must clearly identify sensitive receptors including likely new receptors
should any development adjacent to the site i.e. new housing, industry, local
agriculture, etc. SEPA notes that the scoping report indicates an initial
assessment radius of 15km. This is accord with the guidance contained in the
H1 methodology for PPC BAT and impact assessment.

The statement in the scoping report regarding the use dispersion modelling is
welcome and the ADMS V4.1 model is acceptable to SEPA. It is assumed
that dispersion modelling will be used to determine the stack heights for the
development. SEPA recommends that the dispersion model should not be
used in a fixed manner; i.e. estimated height only but used as a tool to look at
several height options to determine the optimum height as well as taking into
account all possible factors which may interfere with dispersion. The
meteorological data used to represent the local area should be carefully
chosen and justified; for example ensuring the any potential coastal/terrain
influences are accounted for. Advice on suitable data can be obtained from
the Meteorological Office.

Any impact assessment should also include other potential sources such as
emergency relief devices.. It should not be limited to the main combustion
gases stack.

Health Protection Scotland
It is not proposed to carry out specific ambient air monitoring as part of the
proposals. The rationale for this decision is not stated in sufficient detail.
Ambient air monitoring is however commonly undertaken for developments of
this type and scale. In the Environmental Impact Assessment (EIA) for a
similar proposal for a new Power Station in the West of Scotland, extensive
ambient monitoring will be carried out to provide a robust baseline for future
comparison. It would be preferable to have some degree of consistency
across Scotland in the approach to large scale facilities and developments
such as this. Without comprehensive baseline surveys, any future studies of
changes in air quality parameters or assessments of the impact of the new
facility will be made much more difficult without robust baseline data. This
aspect should therefore be reconsidered.

6. CCR

6.1 Carbon Capture

Article 32 of the draft directive proposes an amendment to the Large
Combustion Plant Directive (LCPD)15 to require that the carbon capture
readiness (CCR) of any new combustion plant of 300MW or more must have
been addressed by developers in the design process and taken into account
by regulatory authorities when deciding whether or not to consent to such new

Cockenzie & Port Seton Community Council

Carbon Capture is an unproven technology to date. If Carbon Capture were to
come about, we would be seriously concerned as to how the carbon dioxide
could be taken away from the plant. We understand that the gas pipeline
cannot feed the station via the Forth due to various restrictions; therefore, we
would have concerns as to disposal of carbon dioxide using a pipeline.

6.2 Carbon Capture Readiness (CCR)

We recognise that Carbon capture readiness (CCR) constitutes a spectrum of
possible technology choices (pre or post combustion or oxy-fuel) for capture,
plus design and investment decisions that a developer might undertake during
the development, design and construction of a new combustion plant. Scottish
Ministers are minded to insist that developers demonstrate that all new fossil
fuel power stations of 300MW in Scotland are CCR. The intention is for
Scottish Ministers to be satisfied that there is no barrier to the potential fitting
of a CCS installation in the future.

Separately Scottish Ministers will be shortly consulting on CCR for Scotland
and in future may present more formal guidance on how developers should
address this issue within a Thermal application.

Below are details of what we expect may be considerations in dealing with a
CCR application:

•      suitable space on the installation site for the equipment necessary
       to capture and compress CO2, plus assessments of
•      the availability of suitable storage sites and
•      suitable transport facilities, and
•      the technical feasibility of retrofitting for CO2 capture.

These will obviously be subject to change following a consultation and
negotiation with Europe.

We recognise that any assessments for CCR, in particular on the transport
and storage factors, can be no more than outline and that the UK Health and
Safety Executive is only beginning the research stage of its work on the health
and safety issues linked to each stage of the technology chain.

Health Protection Scotland
The facility will be designed to enable retrospective fitting of Carbon Capture
and Storage (CC and S) technology but it is stressed that this technology is
yet to be demonstrated as practical for large scale use. It might therefore be
helpful in the environmental statement (ES) to explore this issue further in
terms of identifying what potential alternatives there might be to carbon
emission reduction, if the CC and S technology fails to meet expectations.
What for example might the alternative mechanisms for carbon dioxide
reduction be if indeed the CCS system proves not to be practicable?

6.3 Space on site

The first factor is that the developer should demonstrate that there is sufficient
space on its chosen site, or adjacent to it, to install whatever type of capture
technology and any plant needed to prepare CO2 for movement off site (e.g.
liquefaction plant, scrubbers, compressors, oxygen production plant etc) they
believe they would be most likely to choose once capture is proven and
viable. There is a range of issues that would need to be considered by a
developer when assessing what extra space is needed to accommodate
future carbon capture plan.

Demonstrating that there is the appropriate amount of additional space on or
adjacent and available to the site and in the right area of the site so as to
enable all the additional plant and piping etc for the subsequent processing of
the CO2 would be a new element to the site plans. The adequacy of that
space and its positioning on or in relation to the site would then be taken into
account by Scottish Ministers assessing whether a plant could be deemed
CCR. We would expect Scottish Ministers to make the availability of such
space as material to their determination and a condition of granting section 36

6.4 Transport of captured CO2 to the storage site

We are proposing that the developer would then submit this analysis as
part of the section 36 application.

We anticipate that the studies and plans described above would be reviewed
and developed and/or amended if necessary as part of the normal
discussions with interested parties, such as the local authority, statutory
bodies and Scottish Ministers both before and after the application was

6.5 Feasibility of retro-fitting a capture technology

You must demonstrate that you have ensured that no design feature could
prevent the attachment at a later date of whatever type of capture technology
it believes it is most likely to choose. It is for the developer to choose its
preferred type (or even types) of capture technology and design accordingly.

Scottish Ministers anticipate this would be demonstrated through the
submission of outline designs of the proposed plant which show how the
design would enable subsequent retrofit of the various aspects relating to the

capture technology chosen. The adequacy of the design would then be taken
into account by Scottish Ministers in assessing whether a plant could be
deemed CCR.

6.6 Storage and Transport

Storage and transport are the third and fourth factors of Article 32. Together
they represent the more difficult elements of the CCR proposal to define.

6.6.1 Storage of CO2 and Other Potentially Hazardous Material

The developer needs to have a reasonable idea of which area it might
ultimately use to store CO2 before they can consider transport issues.

Scottish Ministers expect that the storage study would be confined to
reviewing and identifying which area(s) of undersea storage the developer is
most likely to plan to use were it to retrofit CCS technology. This study should
be submitted as part of the Section 36 application.

Scottish Ministers do not consider that they can, at this stage, require the
developer to procure detailed geological surveys of a specific storage
reservoir or to put in place guarantees to ensure the site is not used for an
alternative CCS project. Instead at this stage we envisage a developer would
need to indicate in its assessment which is the likely area (or possibly areas),
for its planned storage site, as opposed to a specific site within that area.

Additionally, and dependent on technology choice, the ES should consider the
implications of storing large quantities of potential hazardous material on site
e.g. amines, NH3, etc. It is noted that many hazardous materials may not be
stored or used immediately however SEPA believes that in determining the
viability of any future installation of carbon capture systems the potential for
off site consequences in the event of an accident with consequences for the
environment must be assessed. Depending on the quantities of material to be
stored the further installation of carbon capture systems may require relevant
approvals under the Control of Major Accident Hazards (COMAH)

6.6.2 Transport

Once a likely storage area (or areas) for CO2 has been identified, planning for
the most feasible route(s) to transport the CO2 off site becomes possible.

We would therefore want a developer in their assessment to:
• identify the preferred form and route(s) for transport off site;
• consider any potential barriers to such a form of transport and route(s); and
• demonstrate a reasonable likelihood that such barriers could be overcome
on the basis of known factors at the time of the feasibility study.

6.7 SEPA and CCS

The facility should be designed to be compliant with the requirements of the
Large Combustion Plant Directive as a minimum and will therefore require a
PPC permit from SEPA.

SEPA can only grant a PPC permit for such an installation where the
applicant has demonstrated compliance with these regulations and that the
installation will operate in accordance with Best Available Techniques (BAT).
The ES should therefore include information demonstrating that BAT is
proposed. As noted above regarding the likely availability of information on
design etc; SEPA does not expect a full and complete BAT justification at this
stage. However, sufficient information should be provided to all SEPA to take
a view on likely consentability of the proposed development under its pollution
control regimes

SEPA would seek that the ES should follow closely the Scottish Government
draft guidance (or if finalised that guidance). SEPA would especially welcome
full consideration of need including fuel choice as well as a robust justification
for the apparent preferred option of post combustion carbon capture as
opposed to pre combustion technologies such as reforming natural gas to
produce hydrogen for use as a fuel in the new station.

It should also be noted that while the appropriate maximum emission limit
values may be those currently stated in the draft Industrial Emissions
Directive the future viability of installing post combustion carbon capture
systems ay require lower NOx and SO2 emissions to enhance CO2 capture
efficiency. It is therefore important that the technology and techniques
proposed be fully assessed under the requirements of BAT and are such that
any future installation of carbon capture systems is not prejudiced. The ES
should address these points.

It is also suggested that the ES address the overall energy efficiency of the
proposal including any plans for installation of good quality CHP and/or use of
waste heat in a useful and productive manner. The Heat Plan methodology
currently suggested in SEPA’s draft Thermal Treatment of Waste Guidelines
may be of use in this regard. As a minimum, and under application for a PPC
permit, Article 6 of the Large Combustion Plant Directive will require a
technical and economic feasibility for combine heat and power.

7. Water and Pollution

The Water Environment (Controlled Activities) (Scotland) Regulations 2005
(CAR) require operators of activities likely to have an impact on the water
environment to be authorised. Such activities include abstractions,
impoundments, discharges liable to cause pollution, and engineering
activities. Guidance on CAR can be found at

Developers are strongly advised at an early stage to consult Scottish
Environment Protection Agency (SEPA) as the regulatory body responsible

for the implementation of the Controlled Activities (Scotland) Regulations
2005 (CAR), to identify 1) if a CAR license is necessary and 2) clarify the
extent of the information required by SEPA to fully assess any license
application. Energy Consents will identify a requirement for flood prevention
comments from SEPA.
SNH recommend that any potential changes to coastal processes as a result
of seaward development work should be assessed. This assessment should
include changes to coastal tidal dynamics and associated sedimentary
processes. These changes should be assessed at the coastal cell level of
detail, and The East Lothian Shoreline Management Plan 2005 may assist
with this assessment. This work will be important in terms of determining
issues relating to any impacts to conservation objectives for the Firth of Forth


SEPA acknowledges that the developer is and has been undertaking
discussions with SEPA regarding the proposal. It is vital these discussions
are maintained to ensure that both the PPC and Section 36 application
processes can progress as and when required. In line with SEPA position on
planning and similar applications the applicant should provide sufficient
information at this stage to allow SEPA to comment on whether or not it could
the consent in principle the proposal under its environmental licensing

We encourage applicants to twin-track applications for consent under
planning and environmental regulation regimes. This approach avoids
duplication of effort, speeds the overall consenting process and ensures that
the requirements of PPC are given due consideration at an early stage when
proposals are at their most fluid and appropriate modifications more easily
made with less expense to the developer.

Further details on the Pollution Prevention and Control regime can be found at

PPC Site Report – Land Contamination

During the PPC application process the applicant will be required to provide a
site report on the condition of the land the installation is sited. Guidance on
PPC site report requirements can be found on SEPA’s website.

The Water Environment

Flood Risk

We would expect the site to be assessed for flood risk from all sources line
with Scottish Planning Policy (SPP) 7 Planning and Flooding, including
coastal and fluvial sources. Further information and advice can be sought
from your Local Authority or from the SEPA website at

                                                                               36 SEPA’s Indicative River & Coastal
Flood      Map     (Scotland)     is   also    available    to     view    at If a flood risk is identified then a
flood risk assessment (FRA) should be carried out in line with Scottish
Planning Policy and following the guidance set out within the Annex to the
SEPA Planning Authority flood risk protocol which can be found at         5768590c-8a08-41ee-bad9-
47640aa1b08a&version=-1. SEPA’s technical guidance available at
9f9f-76fdc7d33aab&version=-1outlines      methodologies    that     may    be
appropriate for hydrological and hydraulic modelling and what information we
require to be submitted as part of a FRA.

In particular the following issues relating to flood risk should be covered in the

         Appropriate height of sea defences
         Condition of sea walls and identification, if applicable, of vulnerable low-
          lying areas that could allow coastal flood waters to enter behind
         Pluvial surface runoff and appropriate drainage
         Drainage direction of nearby open channel located to the south of the

Water Abstractions

Where a water abstraction is proposed we request that the following
information be included within the ES to determine the environmental
acceptability of the proposals.

          Source ie ground water or surface water;
          Location ie grid ref and description of site;
          Volume ie quantity of water to be extracted;
          Timing of abstraction ie will there be a continuous abstraction;
          Nature of abstraction ie sump or impoundment;
          Proposed operating regime ie details of abstraction limits and hands off
          Survey of existing water environment including any existing water
          Impacts of proposed abstraction upon the surrounding water

If other development projects are present or proposed within the same water
catchment then we advise the applicant to consider whether the cumulative
impact upon the water environment needs to be assessed, and the ES should
contain a justification for the approach taken.

7.1 SEPA & CAR

SEPA produces a series of Pollution Prevention Guidelines, several of which
should be usefully utilised in preparation of an ES and during development.
These include SEPA’s guidance note PPG6: Working at Construction and
Demolition Sites, PPG5: Works in, near or liable to affect Watercourses,
PPG2 Above ground storage tanks, and others, all of which are available on
SEPA’s website at SEPA
would look to see specific principles contained within PPG notes to be
incorporated within mitigation measures identified within the ES rather than
general reference to adherence to the notes.

Prevention and clean-up measures should also be considered for each of the
following stages of the development;

      Construction.
      Operational.
      Decommissioning.

Construction contractors are often unaware of the potential for impacts such
as these but, when proper consultation with the local fishery board is
encouraged at an early stage, many of these problems can be averted or

      Increases in silt and sediment loads resulting from construction works.
      Point source pollution incidents during construction.
      Obstruction to upstream and downstream migration both during and
       after construction.
      Disturbance of spawning beds during construction - timing of works is
      Drainage issues.

The ES should identify location of and protective/mitigation measures in
relation to all private water supplies within the catchments impacted by the
scheme, including modifications to site design and layout.

Developers should also be aware of available CIRIA guidance on the control
of water pollution from construction sites and environmental good practice Design guidance is also available on river crossings and
migratory fish (SE consultation paper, 2000) at:

Construction and Operation

Heat Recovery

Thermal power stations, discard more than half of available energy as wasted
excess heat. Approximately only 35% of the energy content of the fuel is
used, with 65% as wasted heat discarded into the atmosphere or rivers. By

capturing this waste heat, using Combined Heat and Power (CHP)
technology, there are opportunities to improve the efficiency of Thermal power
stations and reduce emissions. While using CHP does not inherently reduce
emissions, it does increase the efficiency of the use of thermal power stations,
therefore reducing the emissions per unit of energy. The waste heat could be
used to increase the numbers of homes /offices heated directly or for some
industrial heating needs.

SEPA recognise the most efficient and cost effective use of CHP is where
there is a use for the heat either on or near the site of generation.
Consideration to the potential of use of CHP to capture waste heat should be
included within the ES.

SEPA encourages developers to consider Heat use within their application
and would therefore seek a clear declaration of how the developer has
considered the uses of heat generation and details of how they intend to
realise this within their proposals.


The ES should include a site drainage strategy, detailing methods for the
collection and treatment of all surface water runoff from hard standing areas
and roads using sustainable drainage principles, and these proposals should
be shown on a site plan. Surface water drainage arrangements of elements
such as any new access roads and buildings should incorporate the
attenuation (where appropriate) and treatment principles of Sustainable
Drainage Schemes (SUDS) in accordance with the technical guidance within
the CIRIA C697 manual available at
&prodid=155 .

Foul drainage facilities for workers on site need to be set out in the ES.

Cooling Effluent

Any effluent created as a result of the on-site process should be detailed. This
should include the nature and potential impact of any onsite effluent treatment

Any proposal to use biocides in cooling water to restrict algal growth should
be detailed.

Waste Management

The ES should detail how waste will be minimised at the construction stage
and demonstrate that:

      The construction practices minimise the use of raw materials and
       maximise the use of secondary aggregates and recycled or renewable
      Waste material generated by the proposal is reduced and re-used or
       recycled where appropriate on site (for example in landscaping not

      resulting in excessive earth moulding and mounding). There may be
      opportunities to utilise surplus soils for sustainable purposes

To do this effectively all waste streams and proposals for their management
should be identified, including peat and other materials excavated on site and
the importation of any waste materials to the site. Accordingly, we recommend
that a site specific Site Waste Management Plan (SWMP) be developed
during the formulation of the ES to address these points. This is in
accordance with the objectives of Scottish Planning Policy and the National
Waste Plan which aim to minimise waste production and reduce reliance on
landfill for environmental and economic reasons.

Advice on how to prepare a SWMP is available on SEPA’s website at, and also from Envirowise who provide free advice
on resources efficiency (see Further advice
on the reuse of demolition and excavation materials is available from the
Waste and Resources Action Programme (WRAP) at

Noise and Vibration

Information on noise and vibration from operation of the new station will also
inform the PPC application process. As with other aspects of the Permit, the
requirement will be for the applicant to demonstrate that working methods
proposed represent the Best Available Techniques (BAT) for control of noise
& vibration from the installation. Impact on local sensitive receptors will be
one key factor in assessing the BAT justification with the overall aim being to
prevent, minimise and render harmless noise & vibration emissions.
Guidance on the control of noise from PPC Installations is available on
SEPA’s website at

SEPA is generally satisfied with the proposed scope for ES in a planning
context. In general terms the information needed for PPC purposes, and
which SEPA considers appropriate as a basis for the ES, falls under the
following headings:

      a) Identification of key noise sources;
      b) Identification of potentially significant sources of vibration (not just
         those from construction activities);
      c) Inherent noise emission levels and character (e.g. tonal,
         intermittent, impulsive) of each key source;
      d) Abatement techniques proposed;
      e) Prediction of level at, and impact on, sensitive receptors;
      f) The potential impact of foreseeable circumstances causing
         malfunction or non-operation which may lead to an increase in
         noise & vibration emissions, e.g. emergency vent release;

       g) Proposals for on-going noise & vibration management including
          complaint procedures, acoustic specification within procurement
          policies and noise monitoring; and
       h) Identification of other significant local sources e.g. roads, other
          industries, aircraft.

The ES will also need to assess the impact of other activities, such as vehicle
movement on the site as well as shipping, in respect of the noise

Pollution Prevention

We recommend that a dedicated pollution prevention section is provided in
the ES. All potential pollution risks associated with the proposals and all
aspects of site work that might impact on the environment should be
systematically identified, as well as preventative measures and mitigation.
This information is necessary to assess the environmental impact of the
proposals prior to determination, and can also usefully provide the basis for
more detailed method statements, which may be requested as planning
conditions or required under environmental regulation.

Construction works can increase the risk of water pollution due to the release
of sediment from exposed surfaces, contaminant discharges and accidental
spillage. Steps must therefore be proposed in the ES to ensure that works do
not cause oil, mud, silt, aggregate material or concrete to be washed away
either during construction or as a result of subsequent erosion, vehicular
movement or maintenance works at this site.

SEPA recommends that the good practice guidance should be considered
when developing and an appropriate strategy for prevention pollution from the
development. Links to this guidance are available on SEPA’s website

      Pollution Prevention Guidance note PPG2: Above ground storage
       tanks (SEPA);
      Pollution Prevention Guidance note PPG5: Works in, near or liable to
       affect Watercourses (SEPA);
      Pollution Prevention Guidance note PPG6 - Working at Construction
       and Demolition Sites (SEPA);
      Control of Water Pollution from Construction Sites – Guidance for
       consultants and contractors (CIRIA C532);
      Control of Water Pollution from Linear Construction Sites – Site Guide
       (CIRIA 649);
      Control of Water Pollution from Linear Construction Projects –
       Technical Guidance – (CIRIA C648);
      CIRIA C697 SuDS manual
      The Small Environmental Guidance for Construction Works
       (SEPA/CIRIA); and
      Forests and Water Guidelines: Fourth Edition (Forestry Commission)

Storage of fuel and oil

If fuel or oil storage, transport or dispensing is proposed then a detailed
scheme addressing location, management, maintenance, and inspection
should be provided in the ES, which incorporates the best practice advice
contained within PPG 7 Refuelling facilities and PPG 8 Safe storage and
disposal      of     used     oils     available    at    www.environment- The storage of oil must
comply with the Water Environment (Oil Storage) Regulations (Scotland)

Environmental Management

Mechanisms should be set out to ensure that workers on site, including sub-
contractors, are aware of environmental risks and undertake proposed
preventative/mitigation measures. Consideration should be given to site
presence of an appropriately qualified environmental scientist during
construction to provide specialist advice. We also recommend the use of an
Accident Management Plan to be implemented during construction which
takes account of best practice, statutory requirements and sensitive areas in
providing a site spill response procedure, emergency contact details and
equipment inventories and their location.

7.2 IPPC Licence

Applications for thermal generating stations are also likely to require to be
compliant with the Integrated Pollution Prevention and Control Directive

To be IPPC compliant in Scotland, an operator will need to obtain a permit
under the Pollution Prevention and Control (Scotland) Regulations 2000
(PPC) from the Scottish Environment Protection Agency (SEPA). PPC
permits are designed to eliminate or reduce emissions to air, water and land
from industrial installations. IPPC also introduces controls over energy
efficiency, waste minimisation and recovery, consumption of raw materials,
noise, accident prevention and restoration of the site.


The following are considered to be significant environmental effects during the
construction and operational phases


The ES needs to address noise and vibration impacts from decommissioning
the existing power station, any demolition and construction noise impacts and
operational noise impact of new power plant. These points are covered in
section 8.13, Noise and Vibration section of the Scoping Report and the
Council confirms that the proposed assessment criteria and methodology are
acceptable. The Council can advise that it has already been in discussion
with the noise consultant working on the ES for the Power Station and has

had discussions on the methodology for baseline noise assessment and
noise impact assessment.


Other aspects that should be covered in the ES are any air quality issues
which could arise during decommissioning, demolition or construction works,
particularly removal of coal store and conveyor system, removal of fly ash
handling and storage facilities and dust from construction/demolition vehicles
etc. on the road network. The air quality section should identify all the
potential sources of dust, fly ash, asbestos etc and measures to be taken to
mitigate same to prevent any nuisance arising to neighbouring residential and
commercial areas. The Scoping Report contains some comment on this in
section 8.2 but it needs to be more comprehensive in the ES. Air quality
issues arising from new power station operating emissions is also covered in
the Scoping Report and the Council is satisfied with the proposed assessment
and methodology.

Contaminated Land

Contaminated land is a very significant issue and the ES must include a
comprehensive contaminated land assessment, including a site specific risk
assessment on all relevant pollutant linkages. A detailed remediation strategy
is also required. The issue of contaminated land is not included in the Scoping
Report and the Council considers this to be a serious omission.

Discharges into the sea

The ES should consider how the construction and operational phases of the
proposed development will control run-off and other discharges into the Forth
(SEPA will no doubt comment in more detail on this matter).

The above impacts should be addressed in relation to the local community,
and to visitors to the area, particularly those making use of the recreational
areas and the coast.

8. Heat

Thermal power stations, discard more than half of available energy as wasted
excess heat. Approximately only 35% of the energy content of the fuel is
used, with 65% as wasted heat discarded into the atmosphere or rivers. By
capturing this waste heat, using Combined Heat and Power (CHP)
technology, there are opportunities to improve the efficiency of Thermal power
stations and reduce emissions. While using CHP does not inherently reduce
emissions, it does increase the efficiency of the use of thermal power stations,
therefore reducing the emissions per unit of energy. The waste heat could be
used to increase the numbers of homes /offices heated directly or for some
industrial heating needs.

We recognise the most efficient and cost effective use of CHP is where there
is a use for the heat either on or near the site of generation. We would ask
that the developer give consideration to the potential of CHP within the ES.

We encourage developers to consider Heat use within their application and
would therefore seek a clear declaration of how the developer has considered
the uses of heat generation and details of how they intend to realise this
within their proposals.

9. Impact on Local Transport Infrastructure and Sustainability

Health Protection Scotland
There is a proposal for 200 car parking spaces onsite. It could be clearer as to
whether this is to accommodate the needs for the demolition and construction
phases or whether this is the number likely to be needed during the operational
phase. It would be helpful to consider perhaps in more depth the public transport
implications of the development and how the development might be used to promote
the use of public transport and alternatives to car travel.

10. Planning

Cockenzie & Port Seton Community Council

We do not agree that Cockenzie should be used because of the existing
power station. The question arises repeatedly re the building of the existing
station and its impact on the communities around it. Should it ever have been
built? Alternatively, at very least - should it have been closed after 20-30
years max and the land returned to the surrounding communities.

10.1 Scope of Section 36 of the Electricity Act 1989

Applications for onshore power stations below the Section 36 threshold of
50Mw are considered by local planning authorities under the requirements of
the Town and Country Planning (Scotland) Act 1997 as amended.

Alongside the requirement for a Section 36 consent developers also need
planning permission for the development. This is usually obtained by also
applying to Scottish Ministers for ‘deemed’ planning permission. This is a
provision under Section 57 of the Town and Country Planning (Scotland) Act
1997 whereby Scottish Ministers can direct a grant of planning permission for
the development, rather than the developer having to separately apply to the
local planning authority for it.     Such planning permission is normally
accompanied by the conditions by which the development is controlled,
adverse impacts mitigated and is enforced by the local planning authority.

10.2 Preparing an Application

If developers have considered alternative sites for the proposed development,
they should provide an outline of what criteria were used in identifying sites
and what those sites were. Alternative sites must always be considered if the
proposed development could impact on a European designated site and in
such a case the consideration of alternative sites may be scrutinised in a
public inquiry.

The ES should contain some information on the likely visual impact of the
generating station. It is not necessary to provide exacting detailed information
on issues such as plant configuration. However, some idea of the parameters
of the generating station development and its possible visual impact will need
to be factored into the ES so that they can be assessed as part of the
consents process.

There is also a requirement to advertise both notice of the application set out
under regulation 4 of the Electricity (Applications for Consent) Regulations
1990 and notice of the supporting environment statement under the 2008
Regulations. This provides an opportunity for members of the public and
other interested parties not directly consulted by Scottish Ministers to make
representations on the application and the supporting ES.

Any non-compliance with the publicity arrangements may require the
developer to re-advertise potentially impacting on timescales.

Full Guidance on publicity and the 2008 regulations can be found at:

10.3 Fees for consents

There is a scale of fees payable on application for consent and these are set
out in The Electricity (Application for Consent) Amendment (Scotland)
Regulations 2006. No application will be processed without payment.

Details of the Fees relating to applications can be found at

10.4 Associated Works

In applying for a Section 36 consent, it is possible that the site specified in an
application may include associated works such as an electrical sub-station. In
those circumstances, you can apply to Scottish Ministers for deemed planning
permission under section 57 of the Town and Country planning (Scotland) Act
1997 to cover these associated works. Alternatively, a developer may apply
for planning permission direct to the planning authority.

Development consent is not required for underground cables.           Such
development is carried out under permitted development rights (the Town and
Country Planning (General Permitted Development) Order 1995). Specific
planning permission is not therefore necessary, although the local planning
authority can, if it considers it warranted, insist that specific planning
permission be sought.

10.5 OS Mapping Records

Developers are requested at application stage to submit a detailed Ordinance
Survey plan showing the site boundary and supporting infrastructure in a
format compatible with the Scottish Government's Spatial Data Management
Environment (SDME), along with appropriate metadata. The SDME is based
around Oracle RDBMS and ESRI ArcSDE and all incoming data should be
supplied in ESRI shapefile format. The SDME also contains a metadata
recording system based on the ISO template within ESRI ArcCatalog (agreed
standard used by the Scottish Government), all metadata should be provided
in this format.

10.6 Application and Environmental Statement

A developer checklist is enclosed with this report to help developers fully
consider and collate the relevant ES information to support their application.
In advance of publicising the application, developers should be aware this
checklist will be used by government officials when considering acceptance of
formal applications.

10.7 Consent Timescale and Application Quality

In December 2007, Scottish Ministers announced an aspirational target to
process new section 36 applications within a 9 month period , provided a PLI
is not held. This scoping opinion is specifically designed to improve the
quality of advice provided to developers and thus reduce the risk of additional
information being requested and subject to further publicity and consultation

Developers are advised to consider all aspects of this scoping opinion when
preparing a formal application, to reduce the need to submit information in
support of your application. The consultee comments presented in this opinion
are designed to offer an opportunity to considered all material issues relating
to the development proposals.

In assessing the quality and suitability of applications, Government officials
will use the enclosed checklist and scoping opinion to scrutinise the
application. Developers are encouraged to seek advice on the contents of
ESs prior to applications being submitted, although this process does not
involve a full analysis of the proposals. In the event of an application being
void of essential information, officials reserve the right not to accept the
application. Developers are advised not to publicise applications in the local or
national press, until their application has been checked and accepted by SG

Developers are advised to refer to the Energy Consents website at

10.8 Application Consultees

10.8.1 General Section 36 Consultees

Association of Salmon Fishery Boards (ASFB)
Any local Fishery Boards or associated bodies highlighted by the ASFB at the
Scoping stage
Civil Aviation Authority (CAA) – Airspace Policy
The Crown Estate
Health and Safety Executive
Defence Estates
National Air Traffic Services (NATS)
Forestry Commission Scotland (within Forestry only)
CAA Safety Regulations
Mountaineering Council of Scotland
Marine Scotland (formerly Fisheries Research Services)
Forestry Civil Engineering (Application/addendum stage only)
Historic Scotland and other internal consultees

10.8.2 Thermal Specific Consultees


Local Authority - Environmental Health
The Coal Authority
Health Protection Scotland
National Farmers Union
British Waterways (Scotland)
Network Rail
Scottish Enterprise/ Highland and Islands Enterprise Relevant Ports and
Harbours Authorities

Transport Scotland


1.   Developer cover letter and fee cheque                         □
2.   Copies of ES and associated OS maps                           □
3.   Copies of Non Technical Summary                               □
4.   Confidential Bird Annexes (if applicable)                     □
5.   Draft Adverts                                                 □
6.   E Data – CDs, PDFs and SHAPE files                            □


Environmental Statement                                 Enclosed       ES Reference
                                                            (Section & Page No.)

7. Development Description                        □
8. OS co-ordinates for site                       □
9. Planning Policies, Guidance and Agreements □
10. Natural Heritage                              □
11. Economic Benefits                             □
12. Site Selection and Alternatives               □
13. Construction and Operations (outline methods) □
14. Decommissioning                               □
15. Water and Pollution                           □
16. Emissions, LCPD and Climate Change Adaption □
17. Landscape and Visual Amenity                  □
18. Archaeology                                   □
19. Ecology, Biodiversity & Nature Conservation □
20. Designated Sites                              □
21. Habitat Management                            □
22. Species, Plants and Animals                   □
23. Water Environment - Hydrology                 □
24. Geology and Soils                             □
25. Waste                                         □
26. Aviation                                      □
27. Telecommunications                            □
28. Noise                                         □
29. Traffic                                       □
30. Cumulative Impacts                            □
31. CCR                                           □
32. Heat                                          □

N.B. Developers are encouraged to use this checklist when progressing
towards application stage and formulating their Environmental Statements.
The checklist will also be used by officials when considering acceptance of
formal applications. Developers should not publicise applications in the local
or national press, until their application has been checked and accepted by


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