1. Lincolnshire County Council (the County Council) have

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1. Lincolnshire County Council (the County Council) have Powered By Docstoc
					APPLICATION FOR GAS STORAGE AUTHORISATION ORDER UNDER
GAS ACT 1965
HAZARDOUS SUBSTANCES CONSENT UNDER PLANNING
(HAZARDOUS SUBSTANCES) ACT 1990
DEEMED PLANNING PERMISSION UNDER TOWN AND COUNTRY
PLANNING ACT 1990




  1.   Lincolnshire County Council ("the County Council") have prepared this
       Statement of Case for the assistance of the Secretary of State, the Inspector
       and the parties to the inquiry.

  2.   The County Council resolved that the proposed order should not be made
       and deemed planning permission not be granted for these reasons:

           "by reason of its scale which would constitute an unacceptable
           development in the open countryside.          The development would
          materially change and affect the character and amenity of the area from
           predominantly rural to industrial. However, if on balance the Secretary
           of State is satisfied that due to safety concerns the Theddlethorpe
           option is not feasible then consent should be granted subject to the
           Agreements and Conditions contained in Appendix C to the Planning
           and Regulation Committee report of 19th January 2009"

  3.   The objection arises in respect of the proposed gas storage facility which
       constitutes industrial development in the open countryside contrary to
       policy.    The proposal involves the loss of almost 12 hectares of
       agricultural land and the erection of structures up to 30 metres high. Loss
       of the countryside to such a use is unacceptable in principle (unless it is
       essential in that location), and causes visual and landscape harm, and harm
       to the character of the area from the physical presence of the facility, noise
       and lighting. The County Council considers that it is a preferable and
       practical alternative to site the gas storage facility in or adjacent to the
       Theddlethorpe gas terminal.

  4.   The County Council does not dispute the need for underground gas
       storage, the suitability of the Saltfleetby gas field for this purpose and the
     suitability of the Saltfleetby A and B sites for the injection and recovery of
     the gas.   The objection is that the proposed location of the gas storage
     facility is wrong and that it ought to be in or next to existing industrial
     development.

5.   The County Council will therefore call evidence on the policy objections
     to the gas storage facility site, the visual and landscape harm and the
     practicality   and desirability   of stationing   the facility   in or next to
     Theddlethorpe.    Noise and lighting will be dealt with as part of the overall
     impact of the development on the countryside and the County Council is
     not raising a discrete case on those matters.

6.   Appended to this Statement of Case are the Secretary of State's Statement
     of Matters with the County Council's indication in italics of the role in
     intends to play on these matters.
1.   the extent to which the proposed storage is consistent with the
     objectives of HMG's policy on energy as set out in the Energy
     White Paper entitled "Our energy future - creating a low carbon
     economy" (Cm 5761 February 2003), the Energy ReviBw Report
     2006 entitled "The Energy Challenge" (Cm 6887 July 2006), the
     Energy White Paper entitled "Meeting the Energy ChallEmge" (Cm
     7124 May 2007), Ministerial Written Statement "Energy Statement
     Of Need For Additional Gas Supply Infrastructure" dated 16 May
     2006 and Minerals Policy Statement 1: Planning and Minerals
     published November 2006;
     The County Council does not object to the need for gas storage but
     to the environmental impact of the gas storage facility part of the
     surface works (MPS1, para 4.7).
2.   the extent to which the proposed development is consistent with
     national planning policy statements and guidance including PPS1:
     Sustainable Development and Climate Change, PPG4: Industrial
     and Commercial Development and Small Firms, PPS7: Sustainable
     Development in Rural Areas, PPS9: Biodiversity and Geological
     Conservation, PPG20: Coastal Planning, PPS23: Planning and
     Pollution Control, and compliance with PPS25: Development and
     Flood Risk (to include application of the Sequential and Exception
     Tests);
     The County Council considers the proposal is not consistent with
     PPS1, PPG4, PPS7 and PPG20
3.   the extent to which the proposed storage is consistent with the
     Development Plan for the area comprising the Regional Spatial
     Strategy for the East Midlands (RSS8) (March 2005), the
     Lincolnshire Structure Plan (2006), the East Lindsey Local Plan
     Proposal Maps (1995), the East Lindsey Local Plan Alteration
     Saved Policies 2007 and the Lincolnshire Minerals Local Plan 1991
     (saved policies);
     The proposal is contrary to policies in the, the East Lindsey Local
     Plan (in particular A4, AS, EMP3, and the Lincolnshire Minerals
     Local Plan M18 M24. The Lincolnshire Structure Plan has now
     expired.
4.   whether concerns over the safety of the public can be satisfactorily
     addressed, to include consideration of an expert report by the
     Health     and   Safety Executive   (HSE)    contributin~1 to the
     Government's     Energy Review, 2006 entitled "The Health And
     Safety    Risks and Regulatory     Strategy   Related to Energy
     Developments"     and HSE's representations      on the Storage
     Authorisation    Order  and    Hazardous    Substances     Consent
     application of 22 December 2008 and 27 February 2009;
     The County Council considers that the safety of the public can be
     satisfactorily addressed by the proposal and would also be
      satisfactorily addressed if the gas storage facility was constructed at
      Theddlethorpe.       It will call evidence on the safety of the
      Theddlethorpe option.
5.    the main alternatives studied and reasons for the choice of location
      for the gas storage facility;
      The Theddlethorpe options have been dismissed without adequate
      reason.   Siting the gas storage facility in or adjacent to the
      Theddlethorpe    gas terminal    would be more          desirable in
      environmental terms and is a practical and safe option.
6.    increase in road traffic and impact on the local highways during
      construction;
      As highways authority the County Council is satisfied with the
      impact of the scheme on highways.       It does not propose to call
      evidence on this issue, unless requested to do so by the Inspector.
7.    noise from the proposed development both during construction and
      operation;
      Noise from the development will add to the harmful impact of the
      scheme on the countryside.   The County Council does not raise a
      discrete noise issue and does not envisage calling technical noise
      evidence.
8.    landscape and visual impact of proposed development;
      The landscape and visual impact of the proposed gas storage
      facility will be harmful and unacceptable. The County Council will
      call evidence on this issue and on the lesser impact of a gas
      storage facility at Theddlethorpe.
9.    light pollution from proposed development;
      Light pollution from the development will add to the harmful impact
      of the scheme on the countryside.       The County Council does not
      raise a discrete lighting pollution issue and does not envisage call
      technical lighting evidence, although the effect of lighting will
      considered in visual, landscape and planning evidence.
10.   flood risk and the protection of water resources;
      The County Council has no objection on flood risk and water
      resources issues and will not be calling evidence on thesH matters.
11.   impact on flora and fauna;
      The County Council has no objection on flora and fauna issues and
      will not be calling evidence on these matters.
12.   the effect  of atmospheric   discharges   from         the   proposed
      development on human health and crops; and
      The County Council has no objection on atmospheric discharges. It
      considers that atmospheric discharges from a gas storage facility
      at Theddlethorpe will also be acceptable. Its evidence will address
      this issue at Theddlethorpe.
13.   impact on tourism.
      The County Council has no objection on tourism issues and will not
      be calling evidence on these matters.




      1. Lincolnshire Minerals Local Plan (Saved Policies)
      2. East Lindsey Local Plan Alteration (Saved Policies)
      3. East Midlands Regional Plan
      4. National Policy Guidance as given in Planning Policy Gui ance Notes,
         Planning Policy Guidance and Minerals Policy Statements
      5. Other Government Planning Advice in the form of Circulars and Good
         Practice Guidance
      6. Correspondence    exchanged    between   the   Appellant   and Mineral
         Planning Authority.