Local Plan Issues and Options (Regulation 18)

Comment

Representation ID: 14728

Received: 29/08/2025

Respondent: Essar Energy Transition

Agent: E L G Planning

I&O_15278
For reasons outlined in the below response to question SS28, it is clear that Ellesmere Port and the village of Elton are significantly constrained by existing industry and associated COMAH zones which significantly restricts the type of development which is acceptable in such locations including the Stanlow Manufacturing Complex. Essar Energy Transition consider that the Council must therefore be mindful of this when considering the potential spatial strategy. In view of the constraints and importance of Stanlow and the wider Origin cluster, Essar Energy Transition consider that a spatial strategy which provides any significant greenfield development elsewhere in the district would be more appropriate.

Comment

Representation ID: 14729

Received: 29/08/2025

Respondent: Essar Energy Transition

Agent: E L G Planning

I&O_15279
In terms of suitable locations for new development on the urban edge of Ellesmere Port, the Stanlow Manufacturing Complex and its associated COMAH zones present a major constraint which the Council must take into account when formulating the new local plan and considering potential growth options. Essar Energy Transition are concerned that map 7.1 which outlines the key constraints for Ellesmere Port does not include Stanlow or its associated COMAH zones. Stanlow is designated as an Upper Tier site under the Control of Major Accident Hazards Regulations 2015 (COMAH) due to the quantity of hazardous substances present. Essar Energy Transition is therefore tightly regulated under the COMAH regime and is required to comply with a range of strict regulations. The storage of hazardous substances at or above certain thresholds, requires a Hazardous Substance Consent (HSC) pursuant to the Planning (Hazardous Substances) Regulations 2015. Stanlow has such consent for the site. In terms of legal compliance of the local plan, the Council will need to demonstrate that it has had regard specifically to Stanlow as an Upper Tier COMAH site classified as Critical National Infrastructure and to build in specific provisions to be met in order to ensure the protection of people within this location and to protect the ongoing operation of this site. The plan must explicitly provide that new development must not prejudice or conflict with the continued operation of the Stanlow Manufacturing Complex. In addition, there is a network of pipelines which link the Stanlow Manufacturing Complex with the Tranmere Oil Terminal and other sites around the rest of the UK, for example to Grangemouth, Carrington, Anglesey, Liverpool Airport and the West Midlands. In particular, the main pipelines between Stanlow and Tranmere run around the southern and western edges of Ellesmere Port through the suggested growth options at map 5.5 of the Issues & Options Local Plan. The importance of the existing and proposed pipeline network should not be underestimated and is another reason why locationally Stanlow is at the centre of HyNet. The Stanlow Manufacturing Complex has been operating for over 100 years with infrastructure and industry built up around it and it is not practical to simply relocate the facilities elsewhere.

Comment

Representation ID: 14730

Received: 29/08/2025

Respondent: Essar Energy Transition

Agent: E L G Planning

I&O_15280
In terms of the suggested potential growth options for Elton shown on map 5.21, Essar Energy Transition would strongly object to the allocation of option ELT02 for residential development given its proximity to the Stanlow Manufacturing Complex and as it is within the inner and middle COMAH zone associated with Stanlow. Such a use in this location would also generate an objection from the Health & Safety Executive (HSE). It is not a suitable location for residential development. Residential development in this location would impact upon Essar Energy Transition’s ability to demonstrate to the HSE that it is operating its site to reduce major accident hazards to a level where they are ALARP. The position regarding this and the HSE land use planning methodology is set out comprehensively in response to Question EP3. The majority of this land is also owned by Essar Energy Transition and is suggested to be included within the Stanlow special policy area as outlined in the response to Question EP3. For the reasons outlined above this land is not suitable as a housing allocation and Essar Energy Transition would object if it is taken forward as such. Moreover, Essar Energy Transition have no intention of releasing the land for residential development. ELT01 is also located within the inner COMAH zone associated with Stanlow and any employment allocation on this site must clearly set out the restrictions associated with this.

Comment

Representation ID: 14731

Received: 29/08/2025

Respondent: Essar Energy Transition

Agent: E L G Planning

I&O_15281
As outlined in the response to Question SS28, in terms of suitable locations for new development around the village of Elton, the Stanlow Manufacturing Complex and its associated COMAH zones present a major constraint which the Council must take into account when formulating the new local plan and considering potential growth options. Stanlow is designated as an Upper Tier site under the Control of Major Accident Hazards Regulations 2015 (COMAH) due to the quantity of hazardous substances present. Essar Energy Transition is therefore tightly regulated under the COMAH regime and is required to comply with a range of strict regulations. The storage of hazardous substances at or above certain thresholds, requires a Hazardous Substance Consent (HSC) pursuant to the Planning (Hazardous Substances) Regulations 2015. Stanlow has such consent for the site. In terms of legal compliance of the local plan, the Council will need to demonstrate that it has had regard specifically to Stanlow as an Upper Tier COMAH site classified as Critical National Infrastructure and to build in specific provisions to be met in order to ensure the protection of people within this location and to protect the ongoing operation of this site. The plan must explicitly provide that new development must not prejudice or conflict with the continued operation of the Stanlow Manufacturing Complex.

Comment

Representation ID: 14732

Received: 29/08/2025

Respondent: Essar Energy Transition

Agent: E L G Planning

I&O_15282
Essar Energy Transition generally support the vision set out for Ellesmere Port in draft policy EP1 subject to the specific comments raised in relation to question EP3 and Stanlow and Thornton Science Park along with the responses on Questions SS28 (Ellesmere Port), SS74 (Elton) and SS76 (Elton).

Comment

Representation ID: 14733

Received: 29/08/2025

Respondent: Essar Energy Transition

Agent: E L G Planning

I&O_15283
For the reasons set out earlier in these representations, Essar Energy Transition fully support a specific policy within the local plan for Stanlow. Essar Energy Transition consider this to be crucial to ensure that the importance of Stanlow is appropriately recognised in the local plan and provides an effective and justified policy that protects the site, as Critical National Infrastructure, in line with the requirements of the NPPF. However, the protections afforded in the current local plan must not be reduced for the reasons outlined in these representations. Stanlow Energy Park However, Essar Energy Transition are concerned by the removal of some elements of the current policy within the adopted local plan (policy EP3). The current policy advises that any new development “must not prejudice the continuing operation of the refinery”. The draft policy included within the Issues & Options consultation does not include such a provision. The importance of the operations at Stanlow have been set out previously. Thus, ensuring that these operations are not prejudiced by inappropriate development in their vicinity is imperative in maintaining the security of refining capacity and fuel supply security within the UK, but equally important is the energy transition investments in Stanlow which will help deliver the UK’s future energy needs and the path to Net Zero. The continued operation of the Stanlow site is not limited to that which exists at the site now, but also includes future proposals at the site, some of which are already at various stages of development. The most advanced schemes are the hydrogen schemes HPP1 and HPP2, both of which have planning permission. This comprises the general level of flexibility required for a dynamic site such as this, which may fully utilise existing HSCs or indeed obtain further HSCs, together with potential future development, as previously set out. Accordingly, when seeking to protect Critical National Infrastructure such as Stanlow, it is necessary to consider the flexibility needed for future operations as well as the range of potentially hazardous substances that may need to form part of the site’s inventory. Given the dynamic nature of these facilities, it would be inappropriate to simply base any judgement on a snapshot of existing operations; a more strategic long-term view is required. Various Nationally Significant Infrastructure Projects (DCOs) have been submitted and, as such, the Council will be aware of the importance of these developments on the future demand for appropriate land within Cheshire West & Chester. The protection of Stanlow and ensuring its ability to operate flexibility and to grow is critical to fuel security in the UK. There is also a need for a strategic joined up approach to ensure the delivery of future plans that will drive local and regional economic growth are not unduly constrained. The plans and policies in place have worked to protect Stanlow against inappropriate development which is why it is ideal for the hydrogen production and carbon capture project. The HSCs and other protections have worked to enable new nationally significant infrastructure projects to come forward. Whilst the HSE land use planning policy provides guidance for Local Planning Authorities (LPAs) on the assessment of planning applications in close proximity with COMAH sites, it does not take account of the knock on effect to the operation of the COMAH site and its safety planning requirements. The HSE’s approach to providing LUP advice is based on the following general principles: The advice is based on the residual risk to people which remains after all reasonably practicable measures, as required by the Health and Safety at Work etc. Act 1974 and its relevant statutory provisions, have been taken at the establishment which has the benefit/entitlement of an HSC Account is taken of the maximum quantities of hazardous substances permitted by the consent and any conditions attached to the consent (Planning Practice Guidance, Hazardous Substances, paragraph 068) Where beneficial, the advice takes quantitative account of the frequency aspect of risk as well as hazard – that is the likelihood of an event as well as its consequences However, where the quantification of risk is difficult, uncertain, or potentially misleading, the advice is based on residual risk as represented by the consequences of a representative foreseeable major accident. This approach, which was endorsed by the ACMH, is known as the ‘Protection Concept' approach and takes into account the likelihood of accidents in a semiquantitative way Furthermore, and most importantly, it should be recognised that actual major accidents and their effects may differ both in character and in scale from the representative one. Consequently, a benefit of the Protection Concept is that LUP advice based on it should provide a high degree of protection against more likely smaller major accidents and also very worthwhile protection against unlikely, but foreseeable, larger ones The advice is based on cautious best-estimate assumptions with some overestimation preferred where justification is difficult Account is taken of the size and nature of the proposed development, the inherent vulnerability of the exposed people and the ease of evacuation or other emergency procedures. Some types of development (e.g. schools and hospitals) are regarded as more sensitive than others (e.g. light industrial) with the advice weighted accordingly The advice is based on the risk of serious injury, not just fatality, with particular weight given to proposed development which might result in large numbers of casualties in the event of an accident. There is also an aspect of vulnerability taken into account i.e. schools verses workplaces for example. The Protection Concept The Protection Concept is based on the principle of protecting populations potentially exposed to a hazard. The HSE aims to recommend a separation distance between the development and the hazard to provide a high degree of protection. The worst events are identified and thereafter a representative one (“Representative Worse Case Scenario”), with the aim of representing all potential events, is chosen to determine a separation distance based on a level of harm that could be experienced by an individual. The HSE considers the use of a Representative Worst Case Scenario to be the most appropriate means of providing its LUP Public Safety advice in the long-term, given the inherent unknowns concerning the range of major hazards events that can or could arise from incidents involving the large scale storage of highly flammable liquids, in combination with the freedoms inherent in planning HSCs. Cautious Best Estimate In view of the uncertainties involved in predicting risk, particularly at residual levels, where low likelihood events can have high consequence levels, the HSE uses a 'Cautious Best Estimate' (“CBE”) approach when providing its LUP advice. A CBE approach may tend toward the upper bound estimation when justification of assumptions and methods is difficult. How the HSE’s LUP principles are put into practice The HSE notifies the LPA of a consultation distance or zone for all sites where an HSC is in place. In most cases the HSE identifies an Inner (red), Middle (green) and Outer (blue) Zone within the Consultation Zone. When considering planning applications, the HSE uses a categorisation scheme which groups development types broadly according to size, nature (indoor/outdoor), inherent vulnerability of the exposed population, proportion of time people are likely to be present, and ease of evacuation/other emergency measures. The decision-making matrix from the HSE’s LUP methodology is reproduced below. [see page 18 of attached document] As such, whilst it may be possible for development proposals around the site to comply with the requirements of the HSE’s land use planning policy, changes to the land uses around the boundary of Stanlow will have implications on their safety planning and requirements under the Control of Major Accident Hazards Regulations 2015. The regulations require every COMAH operator to prepare and keep a document setting out their major accident prevention policy as part of a Safety Report. Major accident prevention should be based on the principle of reducing risk to a level as low as is reasonably practicable (“ALARP”) for both human and environmental risks. However, the ideal should always be, wherever possible, to avoid a hazard altogether. ‘All measures necessary’ includes measures for mitigating the effects of major accidents. Such a Safety Report exists for Stanlow, the objective of the operator being to always manage risks to the ALARP standard. As set out above, within HSE's land use planning methodology developments are categorised into one of four sensitivity levels (SL1, SL2, SL3, SL4) and a decision matrix is used to provide advice on such developments in the Inner, Middle and Outer zones around the Hazardous Installation. These land use planning zones are produced by HSE. Any change in circumstances may impact on Essar Energy Transitions ability to demonstrate to the HSE that it is operating its site to reduce major accident hazards to a level where they are ALARP. For example, additional mitigation may be needed for Essar Energy Transition to comply with their requirements and the cost of such which, depending on the level of mitigation may be significant, would be borne by them and not the ‘agent of change’ contrary to paragraph 200 of NPPF. This is the critical point as such additional mitigation requirements borne out of changes of land use in the vicinity of the site have the potential to significantly impact on the operation of Stanlow and the flexibility that it needs to operate in a dynamic and changing market. It is also in a unique position at the forefront of HyNet, the leading industrial decarbonisation cluster, unlocking the hydrogen economy in the North West. There aren’t many of these types of facilities in the country, so it is vital that they are given adequate protection and should be considered as a national resource. In view of the above, Essar Energy Transition would respectfully request that the draft policy EP2 is amended to include the explicit protection for Stanlow included in the current local plan policy (EP3) namely that any new development must not prejudice the continuing operation of Stanlow. Appropriate consideration must also be given to potential future developments given Stanlow’s central position of HyNet and Origin. In addition to the above, and to assist the Council in formulating the wording of draft policy EP2, some further wording changes have been suggested below at paragraph 2.53, largely to ensure that it is reflective of existing and proposed operations on the Stanlow site. Thornton Science Park Essar Energy Transition purchased Thornton Science Park from the University of Chester in July 2025 on the basis of its current planning status, which make it an attractive site for delivering on the county’s science, innovation and skills agenda, due to the ability to utilise its previous industrial facilities for research and hands-on industrial skills development. The Science Park has been at the forefront of scientific and industrial research and development and is a key asset to the Cheshire Science Corridor. It has also played a significant role in identifying sustainable energy sources to address meeting the UK’s 2050 net zero emissions target. Essar Energy Transition plans for Thornton Science Park to play a key role in its regional energy transition hub by undertaking research and innovation across the energy sector including sustainable fuels and chemicals. It will also be the UK headquarters for Essar Energy Transition including: EET Fuels, which is transitioning Stanlow Manufacturing Complex to become the UK’s first low carbon refinery and leading producer of low carbon fuels EET Hydrogen, which is developing one of the first large scale, low carbon hydrogen production hubs in the world EET Hydrogen Power, which is developing Europe’s first hydrogen fuelled combined heat and power plant Stanlow Terminals Ltd, which the UK’s largest independent bulk liquid storage terminal, and is developing enabling transport and storage infrastructure for biofuels and new energies Thornton Science Park is already home to some important occupiers including the UK Geo-energy Observatory operated by the British Geological Survey (BGS) and funded by UKRI. The groundbreaking facility delivers unique research infrastructure that will help the UK explore the potential of geothermal energy to decarbonise the energy used for heating its homes and businesses, which is a critical step in tackling climate change. Thornton therefore provides a significant opportunity to cluster industry and innovation with partners working collaboratively including skills training and empowering future workforces around energy transition. Having just completed the purchase of the Thornton Science Park, Essar Energy Transition are reviewing its opportunities and constraints as the site will need to undergo redevelopment to provide the facilities, buildings and infrastructure needed to maximise the important role the Science Park will play within the energy transition hub. The Science Park will play a positive role in the local, regional and national economy, creating and safeguarding jobs within the energy and industrial sector. Essar Energy Transition would therefore welcome the relevant part of policy EP2 to be sufficiently flexible to enable the delivery of an energy transition hub which includes the office headquarters of the various Essar Energy Transition related companies outlined previously. Land to the East Essar Energy Transition control further land to the east of the existing Stanlow boundary. A suggested revised boundary to include this land is shown on the plan at Appendix A. The land sits within an area broadly defined as Eastern Growth District of the Ellesmere Port Industrial Area (Origin) to the east of the Stanlow Manufacturing Complex. The Eastern Growth Distrct includes all land to the east of Pool Lane. This includes the communities of Ince and Elton, the major industrial plants of Encirc Glass and CF Fertilizers, and the major resource recovery and energy park of Protos. Essar Energy Transition would therefore suggest that further land should be released from the Green Belt and incorporated into the Stanlow policy area for the purposes of draft policy EP2. Such an approach would align with the wider aspirations of Origin by ensuring that there is maximum flexibility on the land available to deliver the many important projects that Essar Energy Transition are looking to deliver at Stanlow. For example, a hydrogen export pipeline is proposed in this area to send low carbon hydrogen produced at Stanlow to Encirc Glass, which is critical to their decarbonisation plans. Moreover, some of these parcels of land have already been identified as potential growth areas in the Ellesmere Port Industrial Area: Development and Infrastructure Investment Framework (May 2021), including the area to the east of Pool Lane close to the Thornton Science Park. These areas of land no longer serve their original purpose. Essar Energy Transition acknowledge that there are existing built environment constraints in their area including the settlement of Ince which includes a large number of listed buildings and the settlement of Elton to the south. It is however clear that in view of existing  development that has already taken place across the Green Belt in this location, it does not really serve a purpose, and a large area has already been removed to enable the delivery of Protos as shown on the plan overleaf. [see attached page 22] Indeed, it is considered that the land would fall within the definition of Grey Belt as it does not strongly contribute to Green Belt purposes a, b, or d. As such, Essar Energy Transition would be happy to discuss the appropriate location of an extended ‘Stanlow boundary’ in this area. Suggested Changes to Draft Policy EP2 (Stanlow & Thornton Science Park) Essar Energy Transition would suggest the following wording for draft policy EP2: Land at Stanlow (to be identified on the policies map) will be safeguarded for nationally significant petrochemical and related industries. Any new development must not prejudice the continuing operation of the refinery and must not conflict with the continuing operation of existing businesses in the Stanlow area as identified on the policies map. New developments are encouraged to support the low carbon energy transition, and where appropriate include measures to decarbonise heavy industrial processes (see section 28 'Energy' and approach to low carbon fuel). The development of land at Stanlow (as shown on the policies map) for employment or related sui generis uses will also be supported. All development proposals should include public safety and security measures and will be required to meet health and safety legislation. Proposals involving freight movements, warehousing and logistics should, where possible, maximise opportunities to transport products by non-road modes of transport including pipelines and the Manchester Ship Canal. Development should minimise and mitigate any impacts on the local environment, health, residential amenity, potential for pollution, noise generation and flood risk. Thornton Science Park is located within Stanlow and identified for research and development and employment uses. The central landscape area is important for the character and quality of the science park and should be retained and enhanced with any development proposals.   The reasons for the suggested changes above are outlined below. The reasons for the need to protect the existing and proposed operations at Stanlow have been comprehensively outlined earlier in these representations and the suggested changes above reflect the existing protections within the current Local Plan. For the reasons outlined below in relation to Question EP4, there are significant areas within Stanlow that are greenfield and are required for future development and to meet the aims for the Stanlow Energy Park outlined earlier in these representations. There are also other compatible uses which would come forward within the Stanlow policy area which would not create issues with the COMAH zones. As such, the suggested wording is intended to ensure that the policy is clear that development of any land within the Stanlow policy area is supported for the uses outlined in the draft policy including on both brown and greenfield land and also development associated with the existing refinery operations, the low carbon energy transition and other employment or related sui generis uses. The other suggested changes are minor and intended to provide flexibility particularly in relation to freight movements as it is not always possible to move freight by the suggested means given the nature of the proposals and operations. In terms of the reference to minimising and mitigating any visual impacts, given the existing context and nature of the refinery and other consent proposals within Stanlow policy area, including the two hydrogen schemes, a pragmatic approach to visual impact must be undertaken. The majority of the new projects and schemes that will come forward will be of a significant scale and will be viewed as part of the existing industrial context. It is therefore not considered necessary to include visual impacts in this part of the draft policy. With regards to Thornton Science Park, Essar Energy Transition would therefore welcome the relevant part of policy EP2 to be sufficiently flexible to enable the delivery of an energy transition hub, which includes the office headquarters of the various Essar Energy Transition related companies outlined previously. A slight wording change is therefore suggested which would bring the draft policy more in line with policy EP5 of the current Local Plan.

Comment

Representation ID: 14734

Received: 29/08/2025

Respondent: Essar Energy Transition

Agent: E L G Planning

I&O_15284
Essar Energy Transition support the re-use of previously developed land (PDL) within Stanlow as large parts of the manufacturing complex are PDL but, equally, the development of Stanlow outlined above also requires the delivery of highly important schemes on greenfield land. There are significant areas within Stanlow that are greenfield and are required for future development and to meet the aims for the Stanlow Energy Park outlined earlier in these representations. Essar Energy Transition would therefore suggest the final sentence of draft policy EP2 be amended as follows: “the development of land at Stanlow (as shown on the policies map) for employment or related sui generis uses will be supported” This will ensure that the policy is effective and flexible.

Comment

Representation ID: 14735

Received: 29/08/2025

Respondent: Essar Energy Transition

Agent: E L G Planning

I&O_15285
Essar Energy Transition are concerned that the provisions within Policy DM34 (Development in the vicinity of hazardous installations) of the current Local Plan have not been carried into draft Policy HW1. Policy DM34 of the current local plan states: “Development in the vicinity of hazardous installations, including proposed new installations for which planning permission or hazardous substances consent has been given, will be supported providing it would not result in a significant increase in the number of people being subjected to threshold levels of risk. Exceptions to this policy may be considered in existing built-up areas or where there is an existing commitment to development, in order to achieve a balance between the need for investment and regeneration within the existing urban areas and the degree of risk involved”. In addition, the current Local Plan also has a policy relating to new or extensions to hazardous installations. The wording now proposed as part of draft policy HW1 in the Issues & Options draft is as follows: “Hazardous substances consent or development proposals in the vicinity of hazardous installations which creates new hazardous installations, extends existing hazardous installations will be supported providing that they do not result in a significant increase in the number of people being subjected to threshold levels of risk. Applications for underground hazardous waste storage will be supported providing it is demonstrated that it is the most sustainable option, that ground stability would not be affected and that mineral reserves would not be sterilised”. Paragraph 16.5 of the Local Plan Issues & Options suggests in relation to the current policies: “The approach towards hazardous installations and development in the vicinity of these, including hazardous pipelines, is currently set out in Local Plan (Part Two) policies DM 33 and DM34. The intention is to incorporate them into section 21 'Health and wellbeing' in the new Local Plan. The wording of draft policy HW1 does not seem to include provision for how to assess development proposals within the vicinity of hazardous installations which do not create new hazardous installations or extends existing hazardous installations. Nor does it make any reference to pipelines as suggested in paragraph 16.5. Essar Energy Transition therefore consider that the wording of this policy needs to be reviewed to ensure that it provides appropriate protection to hazardous installations and in particular Stanlow for the reasons outlined in relation to Question EP3.

Comment

Representation ID: 14736

Received: 29/08/2025

Respondent: Essar Energy Transition

Agent: E L G Planning

I&O_15286
There are several watercourses which pass through the Stanlow Manufacturing Complex including the River Gowy, Thornton Brook and Mill Brook. In addition, Essar Energy Transition control an area of land to the south of the A5117 which is identified as a flood storage area which provides a flood alleviation scheme that protects Stanlow. As such, managing flood risk and protecting the operation of the manufacturing complex at the Stanlow site is a key issue for Essar Energy Transition. Essar Energy Transition are therefore concerned that development within flood zones or development where flood risk and drainage is not appropriately mitigated further upstream in the wider river catchment area may put pressure on the existing flood storage area and in turn impact upon the operation of the Stanlow Manufacturing Complex. It is noted the Cheshire West Local Flood Risk Management Strategy (2016) is being updated. Essar Energy Transition would be happy to input into the preparation of this document if considered helpful and would also welcome the opportunity to review its findings/conclusions.

Comment

Representation ID: 14737

Received: 29/08/2025

Respondent: Essar Energy Transition

Agent: E L G Planning

I&O_15287
There are several watercourses which pass through the Stanlow Manufacturing Complex including the River Gowy, Thornton Brook and Mill Brook. In addition, Essar Energy Transition control an area of land to the south of the A5117 which is identified as a flood storage area which provides a flood alleviation scheme that protects Stanlow. As such, managing flood risk and protecting the operation of the manufacturing complex at the Stanlow site is a key issue for Essar Energy Transition. Essar Energy Transition are therefore concerned that development within flood zones or development where flood risk and drainage is not appropriately mitigated further upstream in the wider river catchment area may put pressure on the existing flood storage area and in turn impact upon the operation of the Stanlow Manufacturing Complex. It is noted the Cheshire West Local Flood Risk Management Strategy (2016) is being updated. Essar Energy Transition would be happy to input into the preparation of this document if considered helpful and would also welcome the opportunity to review its findings/conclusions.