Inspectorate rejects plan to exclude climate change resilience assessment from EfW environmental statement

The developer behind a huge proposed Cambridgeshire energy-from-waste (EfW) plant has been told by the Planning Inspectorate (PINS) that the environmental statement being drawn up for the scheme must consider the need for climate change resilience measures.

This week, the Planning Inspectorate published its opinion on the scope of the environmental statement being prepared for the proposed 53 megawatt equivalent (MWe) Medworth Energy from Waste Combined Heat and Power Facility on the Algores Way industrial estate in Wisbech. If granted planning permission, the plant would be able to burn over half-a-million tonnes of household and commercial waste each year, according to developers MVV Environment.

The project is being decided via the fast-track Planning Act 2008 regime for nationally significant infrastructure projects.

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Planning Act 2008

In force/
Current
Legislation
England, Scotland, Wales
Published
06 Apr 2016

Commentary

27/03/2015 Amending Order (SI 2015/949) published.
10/03/2016 Amending Order (SI 2016/306) published., 16/01/2017 Amending Regulations (SI 2017/16) published, for England and Wales only.
02/11/2017 Amending Regulations (SI 2017/1012) published.
10/11/2017 Commencement Order (No. 3) (
SI 2017/1078) published, for England only., 28/11/2018 Amending Regulations (SI 2018/1232) published.

Compliance Dates

26/11/2008 Received Royal Assent, 26/11/2008 Provisions of Parts 1 to 9 (except Section 194(2) to (5) and paragraph 7 of Schedule 7) come into force (see Section 241), 26/11/2008 Part 11, except Sections 206, 211(7), 224 and 225 come into force (see Section 241), 26/11/2008 Part 12, except Section 238, comes into force (see Section 241), 26/01/2009 Sections 194(2) to (5), 201, 202, 203 and 225 (together with related entries in Schedule 13), and paragraph 7 of Schedule 7, come into force (see Section 241)
01/03/2010 Certain Sections including Sections 15 to 20 and Sections 22 to 26 brought into force by The Planning Act 2008 (Commencement No.4 and Saving) Order 2010 (SI 2010/101)
06/04/2010 Certain provisions brought into force by the Planning Act 2008 (Commencement No. 5 and Saving) Order 2010 (SI 2010/566)
06/04/2011 Sections 14(1)(o) and 29 brought into force by the Planning Act 2008 (Commencement No. 6) Order 2011 (SI 2011/705)
01/10/2011 Sections 14(1)(p), 30 and 153 and Schedule 6 brought into force by the Planning Act 2008 (Commencement No. 7) Order 2011 (SI 2011/2054)
06/04/2012 Sections 192 and Schedule 8 (tree preservation orders), Section 193 (existing tree preservation orders: transitional provisions), and Section 238 and Schedule 13 (repeals relating to trees specified in the Schedule to SI 2012/601) come into force for, 28/11/2014 Section 198 (appeals relating to old mining permissions) comes into force, in relation to Wales, insofar as it is not already in force (see the Planning Act 2008 (Commencement No. 3) (Wales) Order (
01/01/2018 Sections 14(1)(m), 14(1)(n), 27 and 28 in relation to dams, reservoirs and the transfer of water resources, enter into force for England only (see SI 2017/1078)

Characteristics

Subject

Energy/climate change General policy Land and development Sustainable development Transport Waste

Source

OPSI (Office of Public Sector Information)

Affected Sectors

Cross-sector Oil Water Electricity Gas Waste and Cleaning Construction Transport Rail Transport
ECM

Planning Act 2008

Document Status: In force/Current

Scope: England, Scotland, Wales

Commentary:

27/03/2015 Amending Order (SI 2015/949) published.
10/03/2016 Amending Order (SI 2016/306) published., 16/01/2017 Amending Regulations (SI 2017/16) published, for England and Wales only.
02/11/2017 Amending Regulations (SI 2017/1012) published.
10/11/2017 Commencement Order (No. 3) (
SI 2017/1078) published, for England only., 28/11/2018 Amending Regulations (SI 2018/1232) published.

Compliance:

26/11/2008 Received Royal Assent, 26/11/2008 Provisions of Parts 1 to 9 (except Section 194(2) to (5) and paragraph 7 of Schedule 7) come into force (see Section 241), 26/11/2008 Part 11, except Sections 206, 211(7), 224 and 225 come into force (see Section 241), 26/11/2008 Part 12, except Section 238, comes into force (see Section 241), 26/01/2009 Sections 194(2) to (5), 201, 202, 203 and 225 (together with related entries in Schedule 13), and paragraph 7 of Schedule 7, come into force (see Section 241)
01/03/2010 Certain Sections including Sections 15 to 20 and Sections 22 to 26 brought into force by The Planning Act 2008 (Commencement No.4 and Saving) Order 2010 (SI 2010/101)
06/04/2010 Certain provisions brought into force by the Planning Act 2008 (Commencement No. 5 and Saving) Order 2010 (SI 2010/566)
06/04/2011 Sections 14(1)(o) and 29 brought into force by the Planning Act 2008 (Commencement No. 6) Order 2011 (SI 2011/705)
01/10/2011 Sections 14(1)(p), 30 and 153 and Schedule 6 brought into force by the Planning Act 2008 (Commencement No. 7) Order 2011 (SI 2011/2054)
06/04/2012 Sections 192 and Schedule 8 (tree preservation orders), Section 193 (existing tree preservation orders: transitional provisions), and Section 238 and Schedule 13 (repeals relating to trees specified in the Schedule to SI 2012/601) come into force for, 28/11/2014 Section 198 (appeals relating to old mining permissions) comes into force, in relation to Wales, insofar as it is not already in force (see the Planning Act 2008 (Commencement No. 3) (Wales) Order (
01/01/2018 Sections 14(1)(m), 14(1)(n), 27 and 28 in relation to dams, reservoirs and the transfer of water resources, enter into force for England only (see SI 2017/1078)

Environmental consultancy Wood, which is preparing the environmental statement on behalf of MVV Environment, had sought to scope out from the environmental statement the need to assess how the plant would cope with future weather extremes brought about by climate change. 

But the inspectorate disagreed, insisting that the developer’s environmental statement should include an assessment of the likely significant effects that changes in rainfall, flood risk, temperature, humidity and wind speed, would create over the lifespan of the plant (estimated to be around 40 years). This should be done with reference to the Met Office’s latest UKCP18 –  the most up-to-date assessment of the effects of climate change in the UK – the inspectorate’s scoping opinion said.

Within Cambridgeshire and Peterborough and their surrounding counties, around 2.5m tonnes of residual waste was landfilled in 2017, according to Wood's scoping report. While the consultants said this justified the need for the plant, an assessment of the climate effects brought about by waste transports to the facility would be needed as part of the developer’s environmental statement, said the inspectorate. This would need to include the “anticipated origin of waste fuel” and the methods used to reduce the impacts from waste imports – something not detailed in Wood’s scoping report.

MVV’s development of the Wisbech-based plant would make it its third UK-based EfW plant if approved, behind its Devonport EfW Combined Heat and Power Facility in Plymouth and the Baldovie Energy from Waste facility in Dundee.

To view the Planning Inspectorate’s scoping opinion in full click here

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