The pipeline forms part of the wider Hynet Project. The application was made by Liverpool Bay CCS Limited, and sought consent for construction of a cross-country pipeline (other than by a gas transporter), which development comprises nationally significant infrastructure for the purposes of Section 21 of the 2008 Act. Given that the route of the pipeline lies partly in England and partly in Wales, running from Ince in Cheshire to Point of Ayr in Flintshire, it was necessary that the application address the legislative provisions of both jurisdictions.

When completed the pipeline will extend to some 60km in length, and will be served by Above Ground Installations, Block Valve Stations, and other associated infrastructure. Some 24km of the pipeline will be delivered by re-purposing a former natural gas pipeline, with the remaining 36km being newly constructed. The pipeline will enable the transportation of carbon dioxide released from industry and the production of low carbon hydrogen, to an offshore storage facility. The carbon capture and storage infrastructure will help to meet the UK’s target of 100% reduction in CO2 emissions by 2050.

The application was supported by its host local authorities, Flintshire County Council and Cheshire West and Chester Council, but there were disputes with a number of bodies regarding protective provisions and the compulsory purchase powers sought in order to deliver the project. Ultimately most such disputes were resolved, although some – including with National Highways – were not.

The application was determined under Section 105 of the 2008 Act, but in deciding to grant development consent the Secretary of State (as advised by the Examining Authority) had regard to policy as set out in the 2011 National Policy Statements EN-1 and EN-4, and also newly designated 2024 National Policy Statements, in particular in relation to the stated policy ambition of incentivizing deployment of CCS facilities. The Secretary of State ultimately accorded very great positive weight to the need for the pipeline, noting that it was consistent with the Government’s decarbonization objectives and the urgent need for CCS as set out in the 2024 designated EN-1.

Alexander Booth KC was instructed by Burges Salmon, and acted for the Applicant in connection with various land and property related matters (including compulsory purchase) during the Examination.