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BOC Immingham Dissolved Acetylene Project Environmental Statement: Vol. 2 Main Text Key Planning Issues 4.6 The planning policy framework for the Project has been reviewed. A summary of the relevant policies that have informed the preparation of the ES is presented in Appendix 4A. The review has been informed by the Scoping Opinion 4 provided by NELC in accordance with Regulation 10 of the EIA Regulations 2 . Scoping Opinion 4.7 The Scoping Opinion 4 indicates that NELC supports the approach as presented by the Applicant in the Scoping Report 3 . The Scoping Opinion 4 includes consultation responses from NE, the EA; the <strong>Lincolnshire</strong> Wildlife Trust (LWT), the HA and the NELC Environmental Health Officer (EHO), which are presented as an Appendix to the NELC response. The Applicant is requested to take these responses into consideration in conducting the EIA. Table 4.1 provides a summary of the policy matters referenced within the Scoping Opinion. The Scoping Opinion 4 is presented as Appendix 5A. In addition, Table 5.2 provides a summary of Scoping Opinion 4 responses, along with an indication of how and where these have been addressed within the ES. Table 4.1 Summary of Policy References within Scoping Report Consultation Responses Respondent Issue Policy Legislation NE Location in relation to the Humber Estuary means a HRA will be required. HRA is to be undertaken in accordance with ODPM Circular 06/2005 Biodiversity and Geological Conservation Statutory Obligations and their impacts within the Planning System NE LWT NE LWT Requirement for bird data on recorded numbers of SPA species both in the development itself and the surrounding fields where they represent >1% of the Humber Estuary bird population. Requirement to ensure the data is up-to-date and remains relevant. Avoidance of clearance of trees and scrub during the bird breeding season (advised March August inclusive). Support the integration of appropriate mitigation within the Project. NE Impacts on Protected Species: � potential construction disturbance to Middle Drain on water voles; � confirmation of presence/absence of bats; � survey information for badgers, if appropriate; and � data relating to potential effects on Great Crested Newts. Wildlife and Countryside Act 1981 (as amended); the Habitats Regulations 2010. PPS 9 Biodiversity and Geological Conservation. PPS 9 Biodiversity and Geological Conservation. PPS 9 Biodiversity and Geological Conservation: paragraph 98. 5100935.404 Environmental Statement August 2011 46
BOC Immingham Dissolved Acetylene Project Environmental Statement: Vol. 2 Main Text Respondent Issue Policy Legislation NE Noise - potential impacts of construction noise on SPA designated bird species, demonstrated via a worst case scenario noise plot. NE Air quality - assesses the potential impacts on designated habitats within 10 km of the Site. NE Seek to maximise opportunities to build in beneficial biodiversity or geological features within the design, in and around developments. Suggests: � altering farming practices in neighbouring fields to support SPA bird species; � wildflower meadow creation; and � bird, owl and bat boxes. EA Requirement for correct classification of the Project in relation to the flood risk vulnerability classification. EA Requirement for a FRA. Should incorporate an accurate assessment based on the predicted lifetime of the Project. EA Appropriate consideration of whether the Project is required to remain operational during a flood event; and appropriate evidence of if how this will be achieved (use 0.1% annual probability + climate change). EA Demonstration of the way in which flood resilience is incorporated into the design. EA Submission of a robust Flood Warning and Evacuation Plan for the Project. EA Conduct of the additional works set out in paragraph 6.16 of the Scoping Report in relation to GI works. HA Potential requirement for a traffic management plan for construction phase to minimise the impact on the local and strategic road networks. PPS 9 Biodiversity and Geological Conservation. Wildlife and Countryside Act 1981 (as amended); the Habitats Regulations 2010. PPS 9 Biodiversity and Geological Conservation. Wildlife and Countryside Act 1981 (as amended); the Habitats Regulations 2010. PPS 9 Biodiversity and Geological Conservation. <strong>Lincolnshire</strong> Biodiversity Action Plan. PPS 25 Development and Flood Risk, especially Table D2 and Table D3. PPS 25 Development and Flood Risk. PPS 25 Development and Flood Risk. PPS 25 Development and Flood Risk. PPS 25 Development and Flood Risk. PPS 23 Planning and Pollution Control. CLR 11 Model Procedures for the Management of Land Contamination. PPG 13 Transport. NELC Local Transport Plan 3. 5100935.404 Environmental Statement August 2011 47
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