Communities Opposed to New Coal at Hunterston

Information on the Planning Process

from Clare Symonds at Planning Democracy

Ayrshire Power will have to apply for planning permission for Hunterston Coal Fired Power Station from the Energy Consents Unit not from the local planning authority, because the development is a >50MW onshore power station. The application will require an Environmental Impact Assessment (EIA).

The EIA is conducted by an “independent” consultant who is employed by the developer. There is no requirement for the energy consents unit to question the EIA, it is taken at face value, even if it might be inaccurate or biased. It is therefore crucial for the community to scrutinise the EIA and to check that it is accurate, comprehensive and not biased.

1. Line up environmental consultants

These conbsutants should be prepared to look at the EIA for you and to give advice. If the EIA is found to be incorrect or biased then the dispute might trigger a Public Local Inquiry (PLI). The EIA topic headings are outlined below, so it might be useful to find experts in these fields. Very important for you as a community to concentrate on the EIA as well as objecting to the power station. Ask the NGO's interested in this case to help you (for eg RSPB, WDM, FoES and Greenpeace).

EIA topic headlines

Landscape and Visual Impact
Noise and Vibration
Air Quality
Geology Soils Hydro geology and Contamination
Terrestrial Hydrology
Coastal Processes
Ecology
Marine and Benthic Ecology
Archaeology and Cultural
Traffic and Transporting
Social and Economic

2. Keep an eye on when the application is made.

Check the Energy Consents Unit website and keep an eye on local newspapers and the Edinburgh Gazette. Once the application has been advertised you will have 28 days to respond from the second advert.

3. Put in your objections

...to the application in writing to the energy consents unit (address below). These will be crucial partly to demonstrate strength of feeling but also to help to trigger a Public Local Inquiry. If that is successful and you have written a good consultation response you may be asked to give evidence based on your representation. If you haven't written something you will be unlikely to be asked to give evidence. The energy consents unit decide on which issues they feel are important in each case, and it might be that if there are a lot of outstanding issues then that might give them reason to ask for an Inquiry. So it is helpful to bring forward a number of arguments.

When writing objections, if you feel you have a good point, be clear about what it is you are objecting to but do not give everything away it might be useful to have something up your sleeve if it comes to a PLI. So for example you might not want to give specific references.

When writing objections to the application it is important to make sure these are material considerations. See end of this document for more on what a material consideration is.

It would be useful to try to trigger a PLI as this will provide a forum for discussion allowing you to express your concerns, but whether or not one is called depends on different factors. These might include if the EIA is seen to be deficient; if the local authority consultation response raises significant concerns or objects to the development; if there is a huge strength of community feeling against the power station; if there are outstanding issues; or it is a complex case, one of these factors might be sufficient to trigger a PLI. A PLI will give you as a community an opportunity to object and have your voice heard about the application.

4. Lobby your local councillors

... to ask them to object to the application and to raise your concerns about the development. They are significant stautory consultees and might influence the process if they object. So it is important to let them know the strength of feeling about the negative aspects of the development and convince them that they are in a position to affect things through their consultation response and possibly trigger a PLI.

Concerns have already been raised by the local council about the nature of the carbon capture ready process and whether or not the power station will be required to be carbon capture ready or just to have the infrastructure in place. This seems to be an important aspect of the proposal to the council so it might be a good idea to find out more and discuss any concerns with them. Various NGOs are also concerned regarding carbon emissions and coal so it might be useful for them to provide information for councillors regarding this (Sam Gardner WWF for example), Greenpeace are also now interested in Hunterston.

5. Help to observe the planning process

to evaluate standards of consultation and how fair and equitable the process is. Contact Planning Democracy with any concerns about how the process is conducted.

Advertising the application

Once an application for consent has been received the applicant shall, in two successive weeks, publish a notice stating:

that the application has been made, the purpose of it, together with a description of the land to which it relates;
a place in the locality where a copy of the application, and of the map referred in it, can be inspected; and
the date by which representations should be made aswell as the address where these should be sent.

Address to send representations

The Scottish Government
Energy Consents Unit
2nd Floor
Meridian Court
5 Cadogan Street
Glasgow
G2 6AT
Email: Energy Consents Unit

Material Considerations

Those factors that have to be taken into account by planning authorities when making decisions are called ‘material considerations’, and are extremely useful for objectors and proponents of planning applications. We have detailed the most important ‘material considerations’ here to give you some ideas.

Essentially these are other factors outwith the ‘development plan’ such as:
government policy and guidance, for example Scottish Planning Policy (SPP) and Planning Advice Notes (PANs). There may in Hunterston case be climate change commitments from local council or national Government. (Eg NAC Carbon Management Strategy, Structure plans policies on climate change, wildlife policies)

views of statutory consultees
public representations
planning history of the site
availability of infrastructure, roads, sewer capacity etc
impact on the surrounding area
impact on the natural and built environment
conditions attached to satisfy needs of the development plan

Representations must not be emotive as objections of this nature receive no consideration whatsoever. Arguments that a development will result in property or land losing value are normally viewed as insufficient grounds for objection. Similarly, objecting on grounds of loss of view is not a valid planning consideration. However, decision makers might be swayed by if there is huge opposition from the community.

Useful Reading

WWF Evading Capture (on carbon emissions and carbon capture

Reflections on the successful campaign to prevent a superquarry at Lingerabay, Isle of Harris and lessons for the Scottish planning system
Researched and written by Michael Scott OBE and Dr Sarah Johnson on behalf of the LINK Quarry Group, led by Friends of the Earth Scotland, Ramblers’ Association Scotland, RSPB Scotland, and rural Scotland:

The Battle for Roineabhal (pdf: 3.29Mb)

The Scottish Council for Development and Industry's comprehensive response to the Scottish Parliament’s inquiry into ‘Determining and Delivering Scotland’s Energy Future’, setting out the challenges, threats and opportunities to Scotland from the need to move to more sustainable energy use:

Scotland's Energy Future

Ben Murray's report detailing low carbon scenarios for Scotland:

The Power of Scotland Renewed Full Report - 56 pages
The Power of Scotland Renewed pdf, 1.09Mb


> The Planning Process Home About CONCH Coal Station Proposal Contact us How to Object Donate CONCH Meetings Public Events Press Releases CONCH in the Media Info (Open Access) Links Human Rights	Communities Opposed to New Coal at Hunterston Information on the Planning Process from Clare Symonds at Planning Democracy Ayrshire Power will have to apply for planning permission for Hunterston Coal Fired Power Station from the Energy Consents Unit not from the local planning authority, because the development is a >50MW onshore power station. The application will require an Environmental Impact Assessment (EIA). The EIA is conducted by an “independent” consultant who is employed by the developer. There is no requirement for the energy consents unit to question the EIA, it is taken at face value, even if it might be inaccurate or biased. It is therefore crucial for the community to scrutinise the EIA and to check that it is accurate, comprehensive and not biased. 1. Line up environmental consultants These conbsutants should be prepared to look at the EIA for you and to give advice. If the EIA is found to be incorrect or biased then the dispute might trigger a Public Local Inquiry (PLI). The EIA topic headings are outlined below, so it might be useful to find experts in these fields. Very important for you as a community to concentrate on the EIA as well as objecting to the power station. Ask the NGO's interested in this case to help you (for eg RSPB, WDM, FoES and Greenpeace). EIA topic headlines Landscape and Visual Impact Noise and Vibration Air Quality Geology Soils Hydro geology and Contamination Terrestrial Hydrology Coastal Processes Ecology Marine and Benthic Ecology Archaeology and Cultural Traffic and Transporting Social and Economic 2. Keep an eye on when the application is made. Check the Energy Consents Unit website and keep an eye on local newspapers and the Edinburgh Gazette. Once the application has been advertised you will have 28 days to respond from the second advert. 3. Put in your objections ...to the application in writing to the energy consents unit (address below). These will be crucial partly to demonstrate strength of feeling but also to help to trigger a Public Local Inquiry. If that is successful and you have written a good consultation response you may be asked to give evidence based on your representation. If you haven't written something you will be unlikely to be asked to give evidence. The energy consents unit decide on which issues they feel are important in each case, and it might be that if there are a lot of outstanding issues then that might give them reason to ask for an Inquiry. So it is helpful to bring forward a number of arguments. When writing objections, if you feel you have a good point, be clear about what it is you are objecting to but do not give everything away it might be useful to have something up your sleeve if it comes to a PLI. So for example you might not want to give specific references. When writing objections to the application it is important to make sure these are material considerations. See end of this document for more on what a material consideration is. It would be useful to try to trigger a PLI as this will provide a forum for discussion allowing you to express your concerns, but whether or not one is called depends on different factors. These might include if the EIA is seen to be deficient; if the local authority consultation response raises significant concerns or objects to the development; if there is a huge strength of community feeling against the power station; if there are outstanding issues; or it is a complex case, one of these factors might be sufficient to trigger a PLI. A PLI will give you as a community an opportunity to object and have your voice heard about the application. 4. Lobby your local councillors ... to ask them to object to the application and to raise your concerns about the development. They are significant stautory consultees and might influence the process if they object. So it is important to let them know the strength of feeling about the negative aspects of the development and convince them that they are in a position to affect things through their consultation response and possibly trigger a PLI. Concerns have already been raised by the local council about the nature of the carbon capture ready process and whether or not the power station will be required to be carbon capture ready or just to have the infrastructure in place. This seems to be an important aspect of the proposal to the council so it might be a good idea to find out more and discuss any concerns with them. Various NGOs are also concerned regarding carbon emissions and coal so it might be useful for them to provide information for councillors regarding this (Sam Gardner WWF for example), Greenpeace are also now interested in Hunterston. 5. Help to observe the planning process to evaluate standards of consultation and how fair and equitable the process is. Contact Planning Democracy with any concerns about how the process is conducted. Advertising the application Once an application for consent has been received the applicant shall, in two successive weeks, publish a notice stating: that the application has been made, the purpose of it, together with a description of the land to which it relates; a place in the locality where a copy of the application, and of the map referred in it, can be inspected; and the date by which representations should be made aswell as the address where these should be sent. Address to send representations The Scottish Government Energy Consents Unit 2nd Floor Meridian Court 5 Cadogan Street Glasgow G2 6AT Email: Energy Consents Unit Material Considerations Those factors that have to be taken into account by planning authorities when making decisions are called ‘material considerations’, and are extremely useful for objectors and proponents of planning applications. We have detailed the most important ‘material considerations’ here to give you some ideas. Essentially these are other factors outwith the ‘development plan’ such as: government policy and guidance, for example Scottish Planning Policy (SPP) and Planning Advice Notes (PANs). There may in Hunterston case be climate change commitments from local council or national Government. (Eg NAC Carbon Management Strategy, Structure plans policies on climate change, wildlife policies) views of statutory consultees public representations planning history of the site availability of infrastructure, roads, sewer capacity etc impact on the surrounding area impact on the natural and built environment conditions attached to satisfy needs of the development plan Representations must not be emotive as objections of this nature receive no consideration whatsoever. Arguments that a development will result in property or land losing value are normally viewed as insufficient grounds for objection. Similarly, objecting on grounds of loss of view is not a valid planning consideration. However, decision makers might be swayed by if there is huge opposition from the community. Useful Reading WWF Evading Capture (on carbon emissions and carbon capture Reflections on the successful campaign to prevent a superquarry at Lingerabay, Isle of Harris and lessons for the Scottish planning system Researched and written by Michael Scott OBE and Dr Sarah Johnson on behalf of the LINK Quarry Group, led by Friends of the Earth Scotland, Ramblers’ Association Scotland, RSPB Scotland, and rural Scotland: The Battle for Roineabhal (pdf: 3.29Mb) The Scottish Council for Development and Industry's comprehensive response to the Scottish Parliament’s inquiry into ‘Determining and Delivering Scotland’s Energy Future’, setting out the challenges, threats and opportunities to Scotland from the need to move to more sustainable energy use: Scotland's Energy Future Ben Murray's report detailing low carbon scenarios for Scotland: The Power of Scotland Renewed Full Report - 56 pages The Power of Scotland Renewed pdf, 1.09Mb
For more information, contact the CONCH campaign. Photo of Eggsborough Power Station by Foto43 used under the Creative Commons licence, with thanks

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