Regulation 8 Pipeline variation notices

(1)

This regulation applies where an application is made for the grant of planning permission for the construction of a relevant pipeline.

(2)

Subject to paragraph (4) the authority may, at any time before planning permission for the construction of the pipeline is granted, serve a notice (a “pipeline variation notice”) on the person who made the application for planning permission if the authority is satisfied that—

(a)

there is evidence of demand existing or likely to arise for the grant of planning permission or a consent for the construction of further pipelines to be designed for the conveyance of carbon dioxide;

(b)

the whole or any part of the route to be taken by a further pipeline will be substantially the same as the route or any part of the route to be taken by the pipeline to which the application relates;

(c)

compliance with the pipeline variation notice will not prejudice the safety or environmental integrity of the relevant pipeline; and

(d)

compliance with the pipeline variation notice will not prejudice the efficient operation of the pipeline concerned.

(3)

A pipeline variation notice under paragraph (2) may direct that—

(a)

the capacity of the relevant pipeline to which it relates or of any part of that relevant pipeline must be greater than that proposed in the application for the grant of planning permission; or

(b)

the design of the relevant pipeline to which it relates should be modified, including by the addition of a junction through which another pipeline may be connected to the pipeline.

(4)

Before exercising the powers conferred by paragraph (2) and regulation 9(1), the authority must give an opportunity to be heard to—

(a)

the person who has applied for planning permission;

(b)

any other person who made representations to the authority as to the matters set out in paragraphs (2) or (3);

(c)

any person with a right to have carbon dioxide conveyed by the proposed relevant pipeline;

(d)

the Health and Safety Executive or the Health and Safety Executive for Northern Ireland, as appropriate.