Medworth CHP Ltd has been granted consent from the Secretary of State for Energy Security and Net Zero for an Energy from Waste Combined Heat and Power (EfW CHP) project in the Medworth ward of Wisbech.
The project falls into the Nationally Significant Infrastructure Project (NSIP) process defined through the Planning Act 2008 (as amended), and was considered under Part 3 Section 14 of the legislation because the generating station is located in England and has a generating capacity of over 50 megawatts (see section 15(2) of the 2008 Act). Responsibility for examining NSIP applications rests with the Secretary of State and not the local authorities, who are identified as statutory consultees, or ‘host’ authorities, in the NSIP process.
As the proposal spans Cambridgeshire and Norfolk there are four ‘host’ authorities (Cambridgeshire County Council, Fenland District Council, Norfolk County Council and the Borough Council of King’s Lynn and West Norfolk) involved in this NSIP project. All four ‘host’ planning authorities have worked together as far as possible throughout the Planning Inspectorate’s examination of the proposal to ensure full scrutiny of this project.
It is important to note that as the ‘host’ planning authorities are not the determining authorities, the decision was made by the Secretary of State for Energy Security and Net Zero.
For further details of this NSIP project, including all the documentation submitted as part of the examination, please visit the Planning Inspectorate (PINS) website.
Details of Medworth CHP Ltd proposals are also available on their website.
Consultation responses
Cambridgeshire County Council submitted responses throughout the NSIP process for this project, in relation to the applicant’s consultation. These included:
- An Adequacy of Consultation response (opens as a .pdf)
- A Relevant Representation, produced jointly with Fenland District Council, setting out the Councils’ initial views on various technical areas (opens as a .pdf)
- A Technical Officer Response to Medworth CHP Ltd Statutory Public Consultation focusing on the consultation documentation in line with the County Council’s previous pre-application advice. A copy is attached below for ease of reference.
Following the submission of the Cambridgeshire County Council formal response to the Medworth CHP Ltd Statutory Consultation, an error was identified with regard to the calculations of vehicle movements on page 8 relating to the 'Traffic and Transport' Chapter of the Preliminary Environmental Information Report (PEIR).
The below Errata, giving an explanation of the error and its correction, was submitted to Medworth CHP Ltd on 20 August 2021 to correct the error and accompany the County Council's formal response.
Examination
Throughout the Examination period, Cambridgeshire County Council, jointly with Fenland District Council, submitted responses as required by the Planning Inspectorate, including a
- Local Impact Report (opens as a .pdf)
- Written Representation (opens as a .pdf)
- Final Position Statement (opens as a .pdf)
All submissions can be found in the Examination Document Library (Planning Inspectorate website)
The Examination closed on 21 August 2023. The Examining Authority had three months following the end of examination to write its summary report and make a recommendation to the Secretary of State. This report was issued to the Secretary of State on 21 November 2023.
The Secretary of State had three months in which to make a decision.
Decision
On 20 February 2024, the Secretary of State for the Department for Energy Security and Net Zero made the decision to grant consent to the Development Consent Order Application by Medworth CHP Ltd for the Medworth Energy from Waste Combined Heat and Power Facility (also known as the Wisbech Incinerator).
The Planning Inspectorate (PINs) issued a recommendation report to the Secretary of State in November 2023, following the 6-month Examination period, but the contents of this report were only made public on Tuesday 20 February 2024 alongside the decision.
The Council are aware that Fenland District Council’s application for judicial review has been refused. Following a unanimous vote at a meeting of Fenland's full council on February 26 2024, Fenland District Council sought expert legal advice over the possibility of seeking judicial review to challenge the Secretary of State’s decision. More information can be found on Fenland District Council’s website.
On 29 May 2024, The Environment Agency approved and issued the Environmental Permit for Medworth CHP Limited to operate their EfW CHP Facility once constructed and commissioned. More information can be found on Medworth CHP Ltd’s webpage.
On 24 June 2024, the Department for Energy Security and Net Zero informed consultees that the Secretary of State received a request dated 27 March 2024 from Medworth CHP Limited (“the Applicant”) to correct errors in the Order, pursuant to paragraph 1(5)(a) of Schedule 4 to the Planning Act 2008 (“the 2008 Act”). The proposed amended document (the draft Order) can be viewed on the Planning Inspectorate’s documents webpage for this project. The Council has reviewed the draft order and responded to the Planning Inspectorate (who are collating responses on behalf of the Secretary of State) in line with the deadline of 23:59 on 6 August 2024.
On 7 November 2024, the Secretary of State for the Department of Energy Security and Net Zero issued a Correction Notice and Correction Order to make revisions to the Medworth Energy from Waste Combined Heat and Power Order 2024. These can be viewed on the Planning Inspectorate’s documents webpage for this project.
More information, including the Secretary of State’s decision letter, and the PINs recommendation report, can be found on the Planning Inspectorate’s webpage for this project.
