The Preesall Underground Gas Storage Facility Order 2015

• (6) Works of the type referred to in paragraph 7(2) shall be executed only in accordance with the plan, submitted under sub-paragraph (1) (and in the case of a plan relating to sewers, in accordance with the plan approved or deemed to have been approved under sub-paragraph (4) or settled by arbitration in accordance with article 41 (arbitration), as amended from time to time by agreement between the promoter and the undertaker) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (7) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the undertaker shall be entitled to watch and inspect the execution of those works.

• (7) Any requirements made by an undertaker under sub-paragraph (6) shall be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

• (8) If an undertaker in accordance with sub-paragraph (7) and in consequence of the works proposed by the promoter, reasonably requires the removal of any apparatus and gives written notice to the promoter of that requirement, paragraphs 1 to 3 and 5 to 8 shall apply as if the removal of the apparatus had been required by the promoter under paragraph 7(2).

• (9) Nothing in this paragraph shall preclude the promoter from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.

• (10) The promoter shall not be required to comply with sub-paragraph (1) in a case of emergency but in that case it shall give to the undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable thereafter and shall comply with sub-paragraph (6) insofar as is reasonably practicable in the circumstances.

Expenses

10

• (1) Subject to the following provisions of this paragraph, the promoter shall repay to an undertaker the reasonable expenses incurred by that undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).

• (2) There shall be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.

• (3) If in accordance with the provisions of this Part—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the promoter or, in default of agreement, is not determined by arbitration in accordance with article 41 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertaker in question by virtue of sub-paragraph (1) shall be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (1) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

11

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraph 7(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any undertaker, the promoter shall—

• (a) bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and

• (b) make reasonable compensation to that undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) shall impose any liability on the promoter with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.

• (3) An undertaker shall give the promoter reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the promoter which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Ground subsidence monitoring scheme in respect of United Utilities’ apparatus

12

• (1) No works comprised in Work No. 1A in Schedule 1 (authorised development) shall commence until a scheme for monitoring ground subsidence (referred to in this paragraph as the “monitoring scheme”) which is capable of interfering with or risking damage to United Utilities’ apparatus has been submitted to and approved by United Utilities, such approval not to be unreasonably withheld or delayed.

• (2) The monitoring scheme shall set out—

• (a) the apparatus of United Utilities which is to be subject to such monitoring;

• (b) the extent of land to be monitored;

• (c) the manner in which ground levels are to be monitored;

• (d) the timescales of any monitoring activities; and

• (e) the extent of ground subsidence which, if exceeded, shall require the promoter to submit for United Utilities’ approval a ground subsidence mitigation scheme in respect of such subsidence in accordance with sub-paragraph (4).

• (3) The monitoring scheme must be implemented as approved, unless otherwise agreed in writing with United Utilities.

• (4) As soon as reasonably practicable after any ground subsidence identified by the monitoring activities set out in the monitoring scheme has exceeded the level described in sub-paragraph (2)(e), a scheme setting out necessary mitigation measures (if any) for such ground subsidence (referred to in this paragraph as a “mitigation scheme”) shall be submitted to United Utilities for approval, such approval not to be unreasonably withheld or delayed; and any mitigation scheme must be implemented as approved, unless otherwise agreed in writing with United Utilities.

• (5) If the monitoring scheme or mitigation scheme would conflict with any aspect of any ground subsidence monitoring scheme or ground subsidence mitigation scheme approved by the relevant planning authority pursuant to paragraph 35 of Schedule 9 (Requirements) the promoter may submit a revised monitoring scheme or mitigation scheme to United Utilities for its approval, such approval not to be unreasonably withheld or delayed; and the revised monitoring scheme or mitigation scheme must be implemented as approved, unless otherwise agreed in writing with United Utilities.

Enactments and agreements

13

Nothing in this Part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between the promoter and an undertaker in respect of any apparatus laid or erected in land belonging to the promoter on the date on which this Order is made.

Co-operation

14

Where in consequence of the proposed construction of any of the authorised development, the promoter or an undertaker requires the removal of apparatus under paragraph 7(2) or an undertaker makes requirements for the protection or alteration of apparatus under paragraph 9(6), the promoter shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and each undertaker shall use its best endeavours to co-operate with the promoter for that purpose.

Access

15

If in consequence of the exercise of the powers of this Order the access to any apparatus is materially obstructed, the promoter shall provide such alternative means of access to such apparatus as will, so far as reasonably practicable, enable the undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

16

Any difference or dispute arising between the promoter and an undertaker under this Schedule shall, unless otherwise agreed in writing between the promoter and that undertaker, be determined by arbitration in accordance with article 41 (arbitration).

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

1

For the protection of any operator, the following provisions shall, unless otherwise agreed in writing between the promoter (as defined in Part 1) and the operator, have effect.

2

In this Part—

• “the 2003 Act” means the Communications Act 2003[^f00036];

• ...

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act[^f00037];

• “electronic communications code network” means—so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; andan electronic communications network which the Secretary of State is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;

• “operator” means the operator of an electronic communications code network.

3

The exercise of the powers of article 29 (statutory undertakers) is subject to Part 10 of Schedule 3A to the Communications Act 2003.

4

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, or other property of an operator); or

• (b) there is any interruption in the supply of the service provided by an operator,

the promoter shall bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and shall—

• (i) make reasonable compensation to an operator for loss sustained by it; and

• (ii) indemnify an operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, an operator by reason, or in consequence of, any such damage or interruption.

• (2) Nothing in sub-paragraph (1) shall impose any liability on the promoter with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

• (3) The operator shall give the promoter reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand shall be made without the consent of the promoter which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) This Part shall not apply to—

• (a) any apparatus in respect of which the relations between the promoter and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

• (b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.

• (5) Nothing in this Part shall affect the provisions of any enactment or agreement regulating the relations between the promoter and an undertaker in respect of any apparatus laid or erected in land belonging to the promoter on the date on which this Order is made.

5

The temporary stopping up or diversion of any highway under article 12 (temporary stopping up of streets and rights of way) shall not affect any right of the operator under Part 8 of the electronic communications code to maintain any apparatus which, at the time of the stopping up or diversion, is in that highway.

6

Any difference or dispute arising between the promoter and an operator under this Part, unless otherwise agreed in writing between the promoter and that operator, be referred to and settled by arbitration under article 41 (arbitration).

PART 3 — FOR THE PROTECTION OF BLACKPOOL BOROUGH COUNCIL

Application and interpretation

1

• (1) For the protection of Blackpool Borough Council and the operator the following provisions shall, unless otherwise agreed in writing between the promoter (as defined in Part 1) and Blackpool Borough Council, have effect.

• (2) In this Part—

• “commence” has the same meaning as in paragraph 1 of Schedule 9 (Requirements);

• “construction” includes execution, demolition, placing and altering and “construct” and “constructed” shall be construed accordingly;

• “the engineer” means an engineer to be appointed by Blackpool Borough Council;

• “the operator” means the operator for the time being of the Blackpool to Fleetwood Tramway;

• “plans” includes a section and description of the works to be executed and “approved plans” means plans approved in accordance with the provisions of this Part or settled by arbitration under article 41 (arbitration);

• “specified works” means so much of the authorised development as is situated upon, across, under, over or within 15 metres of tramway property or which in any way adversely affects tramway property;

• “tramway property” means—any tram rail of Blackpool Borough Council;any works, apparatus and equipment of Blackpool Borough Council or the operator connected with such tram rails; andany land, premises, structures or erections held or used by Blackpool Borough Council or the operator for the purposes of operating such tram rails or such works, apparatus and equipment.

Pedestrian and vehicular access

2

• (1) The promoter shall not in the exercise of the powers in this Order prevent pedestrian or vehicular access to any tramway property, unless preventing such access is with the consent of the engineer.

• (2) The consent of the engineer under sub-paragraph (1) shall not be unreasonably withheld or delayed but may be given subject to reasonable conditions.

Approval of plans

3

The promoter shall, before commencing the construction of any part of the specified works, furnish to the engineer such proper and sufficient plans relevant to the part of the specified works concerned as may be reasonably required by the engineer; and the promoter shall not commence those specified works until the plans have been approved in writing by the engineer or settled by arbitration under article 41 (arbitration).

4

The engineer’s approval under paragraph 3 shall not be unreasonably withheld and any question of whether it has been unreasonably withheld shall in the absence of agreement be settled by arbitration under article 41 (arbitration).

Protective works

5

• (1) Upon signifying approval or disapproval of the plans submitted pursuant to paragraph 3 the engineer may notify the promoter in writing of any protective works, whether temporary or permanent, which in the reasonable opinion of the engineer should be carried out before the commencement of the construction of the specified works to ensure the stability of tramway property, or the continuation of the safe and effective operation of the tram rails of Blackpool Borough Council; and such protective works as may be reasonably necessary for those purposes shall be constructed by Blackpool Borough Council and the operator with all reasonable dispatch or, if engineer so notifies the promoter, such protective works shall be carried out by the promoter (in either case at the expense of the promoter).

• (2) The promoter shall not commence the construction of the specified works until the engineer has notified the promoter that the protective works referred to in sub-paragraph (1) have been completed to the engineer’s reasonable satisfaction.

Notice of works and maintenance

6

The promoter shall give to the engineer not less than 28 days’ notice of its intention to—

• (a) commence the construction of any of the specified works; and

• (b) (save in the event of an emergency in which case it shall give such notice as may be reasonably practicable in the circumstances) carry out any maintenance of the specified works in so far as such maintenance adversely affects tramway property.

Manner of carrying out specified and protective works

7

The construction by the promoter of the specified works, any protective works described in paragraph 5 and any alterations and additions to such specified works and protective works shall, when commenced, be carried out—

• (a) with all reasonable dispatch in accordance with the plans approved under paragraph 3 or settled under article 41 (arbitration);

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer; and

• (c) in such manner as to cause—

• (i) as little damage as reasonably practicable to tramway property;

• (ii) as little interference as is reasonably practicable with the conduct of traffic on the tram lines of Blackpool Borough Council and the use by passengers of tramway property,

and if any such damage or interference shall be caused by the promoter carrying out the specified works or any protective works, the promoter shall, notwithstanding any approval given under paragraph 3 or settled under article 41 (arbitration), make good such damage and shall pay to Blackpool Borough Council and the operator (as appropriate) all reasonable expenses to which Blackpool Borough Council or the operator (as appropriate) may be put and compensation for any loss which Blackpool Borough Council or the operator (as appropriate) may sustain by reason of any such damage or interference.

8

Nothing in paragraph 7 shall impose any liability on the promoter with respect to any damage, cost, expense or loss which is attributable to the act, neglect or default of Blackpool Borough Council or the operator or any person in either of their employ or of either of their contractors or agents; and any liability of the promoter under paragraph 7 shall be reduced proportionately to the extent to which any damage, cost, expense or loss is attributable to the act, neglect or default of Blackpool Borough Council or the operator or any person in either of their employ or of either of their contractors or agents.

Access for the carrying out of works in compliance with this Part

9

The promoter shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and the construction of any protective works carried out by the promoter pursuant to the provisions of paragraph 5 and shall supply the engineer with all such information as the engineer may reasonably require with regard to the specified works or any such protective works or to the method of their construction.

10

• (1) During the construction of any works by Blackpool Borough Council or the operator under this Part Blackpool Borough Council and the operator shall at all times afford reasonable facilities to the promoter and its agents for access to those works, and shall supply the promoter with such information as the promoter reasonably requires with regard to such works or the method of construction of such works.

• (2) During the construction of the specified works Blackpool Borough Council and the operator shall at all reasonable times subject to the prior written approval of the engineer afford reasonable facilities to the promoter and its agents for access to tramway property and shall supply the promoter with such information as the promoter reasonably requires with regard to tramway property as is reasonably necessary to enable the promoter to comply with sub-paragraphs (a) to (c) of paragraph 7.

• (3) During the carrying out of maintenance of the specified works under paragraph 12 Blackpool Borough Council and the operator shall at all reasonable times subject to the prior written approval of the engineer afford reasonable facilities to the promoter and its agents for access to tramway property and shall supply the promoter with such information as the promoter reasonably requires with regard to tramway property as is reasonably necessary to enable the promoter to comply with paragraph 12.

Expenses

11

The promoter shall repay to Blackpool Borough Council or the operator (as appropriate) all reasonable costs, charges and expenses reasonably incurred by Blackpool Borough Council or the operator (as appropriate)—

• (a) in constructing any protective works under the provisions of paragraph 5, including, in respect of any permanent protective works, a capitalised sum representing the cost which may be expected to be reasonably incurred by Blackpool Borough Council or the operator (as appropriate) in maintaining and renewing such works (such sum in the absence of agreement to be settled by arbitration under article 41 (arbitration)); and

• (b) in respect of the approval of plans and any supervision by the engineer of the construction of the specified works.

Right to require maintenance of specified works

12

If at any time after the completion of a specified work (unless that specified work is vested in Blackpool Borough Council) the engineer gives notice to the promoter informing it that the state of repair of the specified work appears to be such that it adversely affects the safe and effective operation of tramway property, the promoter shall, on receipt of such a notice, take such steps as are reasonably necessary to put that specified work in a state of repair such that it no longer adversely affects tramway property.

Indemnity

13

The promoter shall be responsible to Blackpool Borough Council and the operator (as appropriate) for all reasonable costs, charges, damages and expenses not otherwise provided for in paragraph 11 which may be occasioned to, or reasonably incurred by, Blackpool Borough Council or the operator (as appropriate)—

• (a) by reason of the construction or maintenance of the specified works or the failure of the specified works; or

• (b) by reason of any act or omission of the promoter or of any person in its employ or of its contractors whilst engaged in the construction or maintenance of the specified works,

and the promoter shall indemnify Blackpool Borough Council and the operator from and against all claims and demands arising out of or in connection with the construction of the specified works or any such failure, act or omission; and the fact that any act or thing has been done in accordance with any requirement of the engineer or under the engineer’s supervision shall not (unless it was done as a result of negligence on the part of Blackpool Borough Council or the operator or any person in either of their employ or of either of their contractors or agents) excuse the promoter from any liability under the provisions of this paragraph.

14

• (1) Any liability of the promoter under paragraph 13 shall be reduced proportionately to the extent to which any costs, charges, damages and expenses are attributable to the act, neglect or default of Blackpool Borough Council or the operator or any person in either of their employ or of either of their contractors or agents.

• (2) The engineer shall give to the promoter immediate notice of any claim or demand described in paragraph 13 and no settlement or compromise of the claim or demand shall be made without the consent of the promoter which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (3) In the assessment of any sums payable to Blackpool Borough Council or the operator under this Part there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Blackpool Borough Council or the operator if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the promoter under this Part or increasing the sums so payable.

• (4) The engineer shall, on receipt of a request from the promoter, from time to time provide the promoter free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part and with such information as may reasonably enable the promoter to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part.

Approvals and arbitration

15

• (1) Where any consent, approval or expression of satisfaction is sought under this Part from Blackpool Borough Council or the operator it shall not be unreasonably withheld or delayed.

• (2) Any difference or dispute arising between the promoter and Blackpool Borough Council or the operator under this Part shall be referred to and settled by arbitration under article 41 (arbitration).

SCHEDULE 9 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “the 1999 Regulations” means the Control of Major Accident Hazards Regulations 1999[^f00039];

• “the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017; [^f00040];

• “132kV electrical circuits” means the works described in Work Nos. 17A to 17C of Schedule 1;

• “aftercare” means monitoring, maintenance and management of land within the Order limits following its restoration;

• “brine discharge pipeline” means the works described in Work Nos. 16A to 16L of Schedule 1;

• “commence” means begin to carry out any material operation (as defined in section 155 of the 2008 Act) other than operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground and geological conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements and “commencement” and “commenced” shall be construed accordingly;

• “competent authority” means the Health and Safety Executive and Environment Agency acting jointly;

• “construction phase” means the period during which works to construct the authorised development are carried out;

• “construction work” means construction works undertaken during the construction phase;

• “decommissioned cavern” means an operational cavern decommissioned pursuant to paragraph 32 or 33;

• “decommissioning” means the decommissioning of operational caverns, structures, hoardings and other infrastructure comprised in the authorised development when it is no longer required for operational use or, as the case may be, upon the permanent cessation of operation of the authorised development;

• “decommissioning phase” means the period during which the authorised development is decommissioned following permanent cessation of operation of the authorised development;

• “European protected species” has the same meaning as in regulation 42 of the 2017 Regulations;

• “European site” has the same meaning as it has in regulation 8(1) of the 2017 Regulations and includes the Morecambe Bay site designated under the Convention on Wetlands of International Importance especially as Waterfowl Habitat, signed in Ramsar, Iran in 1971, ratified by the United Kingdom in 1976 and known as the “Ramsar Convention”;

• “existing mineworking” means a mineworking which existed prior to the making of this Order;

• “Flints Caravan Park plan” means the drawing dated September 2012 and given drawing reference A-9100-4001 certified as the Flints Caravan Park plan by the Secretary of State for the purposes of this Order;

• “Harbour Village plan” means the drawing dated September 2012 and given drawing reference A-9100-4003 certified as the Harbour Village plan by the Secretary of State for the purposes of this Order;

• “Kneps Farm Holiday Park plan” means the drawing dated September 2012 and given drawing reference A-9100-4002 certified as the Kneps Farm Holiday Park plan by the Secretary of State for the purposes of this Order;

• “mudstone” means the members of the Kirkham Mudstone formation known as the Coat Walls Mudstone Member (above the Preesall halite deposit) and the Thornton Mudstone Member (beneath the Preesall halite deposit), belonging to the Mercia Mudstone Group, characterised by a distinctive sequence of alternately red-brown and grey-green well bedded mudstones with many thin intercalations of siltstone and dolomitic siltstone and more particularly described on the Geological Survey of Great Britain (England and Wales) Sheet 66, 1:50,000 Series, Solid and Drift Edition, of the British Geological Survey Classification entitled “The Geology of the country around Blackpool” dated 1990 and further described in the accompanying British Geological Survey Sheet Memoir 66;

• “NTS interconnector pipeline” means the works described in Work Nos. 20A to 20H of Schedule 1 (authorised development);

• “operational phase” means the period during which the authorised development is in operational use as an underground gas storage facility;

• “permanent cessation” means—where it is referred to in the context of a part of the authorised development the cessation of operation of that part in circumstances that at the time of such cessation it is the undertaker’s understanding and expectation that that part of the authorised development will not be returned to operational use at any point in the future; andwhere it is referred to in the context of the authorised development as a whole the cessation of operation of the authorised development in circumstances that at the time of such cessation it is the undertaker’s understanding and expectation that the authorised development as a whole will not be returned to operational use at any point in the future;

• “reaming” means the process used to increase a pilot hole to the required size;

• “restoration” means the restoration of land within the Order limits for future use after permanent cessation of the operation of the authorised development;

• “stage” means a defined section or part of the authorised development, the extent of which is shown in a scheme submitted to and approved by the relevant planning authority pursuant to paragraph 3 (stages of authorised development);

• “wet rockhead areas” means those parts of the subsoil of the Order limits shown on Figure 5.7 (Distribution of known wet rockhead (BGS data)) in the geology summary report where what was formerly the Preesall halite deposit has been dissolved by groundwater circulation such that mudstone strata overlying what was formerly the Preesall halite deposit have collapsed into it.

Time limits

2

The authorised development must commence within five years of the date of this Order.

Stages of authorised development

3

No authorised development shall commence until a written scheme setting out all the stages of the authorised development has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority.

Detailed design approval

4

• (1) The authorised development shall not be carried out otherwise than in accordance with the approved development plans.

• (2) Notwithstanding sub-paragraph (1), no works to the sea wall crossing and observation platform comprising part of Work No. 16J of Schedule 1 (authorised development) shall commence until details of the layout, scale, external appearance and means of access of the sea wall and crossing and observation platform have been submitted to and approved by the relevant planning authority. Works to the sea wall crossing and observation platform must be carried out in accordance with the approved details.

• (3) Notwithstanding sub-paragraph (1), no construction of a wellhead compound area (comprised in Work Nos. 2A to 2G (inclusive) of Schedule 1 (authorised development)) shown on the approved development plans shall commence until the following details for that wellhead compound area have been submitted to and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites) approved by the relevant planning authority—

• (a) details of the siting and size of each wellhead compound area;

• (b) details of the design and external appearance of any buildings, structures or equipment to be provided;

• (c) means of access and details of the construction of each access;

• (d) details of the construction of the surface of each wellhead compound area including the stripping and stockpiling of soils, the location and the storage of such, and the materials to be used in the construction of each wellhead compound area;

• (e) details of any fencing to be erected; and

• (f) details of any floodlighting to illuminate the wellhead compound area including the number, height and location of any stanchions to be erected or mobile floodlighting units to be used, the number of floodlights, their lux levels, angles of luminance and extent of light distribution.

• (4) The details submitted pursuant to sub-paragraph (3) shall include the development of earth bunds and temporary screening to reduce visual disturbance to birds using the designated European sites and adjacent farmland, consistent with the principles of the landscape and ecological management strategy plan and environmental statement (Chapter 9 of Volume 1A).

• (5) Each wellhead compound area shall be constructed in accordance with the details approved pursuant to sub-paragraph (3) for that wellhead compound area; and any approved temporary screening at a wellhead compound area shall be retained until the completion of construction from that wellhead compound area.

• (6) Notwithstanding sub-paragraph (1), the construction of any underground pipe between any wellhead compound area (comprised in Work Nos. 2A to 2G (inclusive) of Schedule 1 (authorised development)) and any existing brine well shall not commence until details of the route, depth and design of such underground pipe have been submitted to and approved by the relevant planning authority; and the underground pipe shall be constructed in accordance with the approved details.

External materials approval

5

No stage of the authorised development shall commence until details of the external materials for any building within that stage have been submitted to and approved by the relevant planning authority.

Details of operational cavern layout and design

6

• (1) No more than 19 operational caverns, with—

• (a) a total storage capacity of up to 900 million standard cubic metres; and

• (b) a working capacity of up to 600 million standard cubic metres but not less than 130 million standard cubic metres,

in each case specified at the standard temperature and pressure, shall be constructed within the “area for cavern development” shown on the approved development plan with reference A-1000-030 Rev B.

• (2) Unless the safety reports (to be submitted pursuant to regulations 7(1), 7(5) and 8 of the 1999 Regulations), following communication of the competent authority’s conclusions of its examination of those reports pursuant to regulation 17 of the 1999 Regulations (and directions if any), allow otherwise—

• (a) in this paragraph, where an operational cavern is not of a constant radius, reference to the radius of that operational cavern shall mean the largest radius for that operational cavern; and the maximum radius of any operational cavern shall not exceed approximately 50 metres;

• (b) the thickness of the remaining salt between the operational cavern roof and the upper surface of the Preesall halite deposit shall be not less than the radius of each operational cavern;

• (c) a minimum thickness of 20% of the radius of the operational cavern shall be maintained between the deepest point of the operational cavern and the basal surface of the Preesall halite deposit;

• (d) wall to wall separation of proposed operational caverns, operational caverns, proposed decommissioned caverns or decommissioned caverns of equal diameter shall be no less than three times the radius of the proposed operational caverns, operational caverns, proposed decommissioned caverns or decommissioned caverns; wall to wall separation of proposed operational caverns, operational caverns, proposed decommissioned caverns or decommissioned caverns of unequal diameter shall be no less than the sum of one and a half times the radius of the smaller proposed operational cavern, operational cavern, proposed decommissioned cavern or decommissioned cavern plus one and a half times the radius of the larger proposed operational cavern, operational cavern, proposed decommissioned cavern or decommissioned cavern;

• (e) the minimum distance between any operational cavern and the Burn Naze fault or any intra-grabinal fault shall be no less than three times the radius of that operational cavern;

• (f) the minimum distance between any operational cavern and any existing brine cavern or existing mineworking shall be no less than four times the radius of that operational cavern (save that where the size of an existing brine cavern is not known the minimum separation distance between an operational cavern and the well head of that existing brine cavern shall be five times the radius of that operational cavern);

• (g) the minimum distance between any operational cavern and any exploratory borehole drilled into the Preesall halite deposit shall be no less than twice the radius of that operational cavern;

• (h) the minimum distance between any operational cavern and wet rockhead areas shall be four times the radius of that operational cavern.

• (3) Within 7 days of the submission of the safety reports (to be submitted to the competent authority pursuant to regulations 7(1), 7(5) and 8 of the 1999 Regulations), copies shall be made available and submitted to Lancashire County Council.

European protected species

7

• (1) Before commencing any stage of the authorised development, Natural England shall be consulted as to whether further survey work is required to establish whether a European protected species is present—

• (a) on any of the land affected, or likely to be affected, by that stage of the authorised development; or

• (b) in any of the trees to be lopped or felled or in buildings to be demolished during that stage of the authorised development.

No stage of the authorised development shall commence until further survey work (if required by Natural England) has been carried out to establish whether a European protected species is so present.

• (2) Where a European protected species is shown to be present by such further survey work, that stage of the authorised development shall not commence until a scheme of protection and mitigation measures has been submitted to the relevant planning authority and, after consultation with Natural England and the Secretary of State for the Environment, Food and Rural Affairs, has been approved by the relevant planning authority. That stage of the authorised development shall be carried out in accordance with the approved scheme.

Ecological management scheme

8

• (1) No stage of the authorised development shall commence until an ecological management strategy scheme for that stage, reflecting the survey results and ecological mitigation and enhancement measures included in the environmental statement (Chapter 9 of Volume 1A and Appendices 9.4–9.16 of Volume 1B), and including details of working methods, means of mitigation and restoration, has been submitted to and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites) approved by the relevant planning authority.

• (2) The ecological management strategy scheme shall include an implementation timetable and give effect to the landscape and ecological management strategy plan where the landscape and ecological management strategy plan is applicable to that stage of the authorised development; and must be carried out as approved.

Landscape scheme

9

• (1) No stage of the authorised development shall commence until a landscape scheme for that stage has been submitted to and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites) approved by the relevant planning authority. The scheme shall set out the long term design objectives, management responsibilities and maintenance schedules for all relevant landscape areas relating to that stage together with details of all proposed hard and soft landscaping works, including—

• (a) location, number, species, size and planting density of any proposed planting;

• (b) cultivation, importing of materials and other operations to ensure plant establishment;

• (c) proposed finished ground levels;

• (d) hard surfacing materials;

• (e) vehicular and pedestrian access, parking and circulation areas;

• (f) minor structures, such as furniture, refuse or other storage units, signs and lighting;

• (g) proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports;

• (h) details of existing trees to be retained, with measures for their protection during the construction phase; and

• (i) programme and implementation timetable for all landscaping works.

• (2) The landscape scheme shall give effect to the landscape and ecological management strategy plan where the landscape and ecological management strategy plan is applicable to that stage of the authorised development.

Implementation and maintenance of landscaping

10

• (1) All landscaping works must be carried out in accordance with any relevant landscape scheme approved under paragraph 9 (landscape scheme) and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

• (2) The landscaping works must be carried out in accordance with implementation timetables approved under paragraph 9 (landscape scheme).

• (3) Any tree or shrub planted as part of an approved landscape scheme that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise agreed with the relevant planning authority.

Highway accesses

11

• (1) No stage of the authorised development shall commence until for that stage, written details of the siting, design and layout of any new permanent or temporary means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic, has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority.

• (2) The highway accesses must be constructed in accordance with the approved details.

• (3) No stage of the authorised development shall be begun until for that stage, a written access management scheme has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority.

• (4) The access management scheme must be carried out in accordance with the approved details.

Limits on heavy goods vehicle movements

12

• (1) The maximum number of heavy goods vehicle movements to and from the Preesall site during the construction phase, operational phase and decommissioning phase shall not exceed 62 per day (31 in and 31 out).

• (2) The number of heavy goods vehicles which enter the Preesall site shall be recorded by the site operator. These records shall be available for inspection at the site office, and a copy of these records shall be submitted to the relevant planning authority every six months, or within five working days of such records being requested by the relevant planning authority.

Covered heavy goods vehicles

13

During the construction phase, operational phase and decommissioning phase the loads of all heavy goods vehicles carrying friable bulk materials or waste shall be covered on route to and from the Order limits unless the load is otherwise enclosed or an incoming load is being uncovered for the purposes of inspection.

Wheel cleaning facilities

14

• (1) Following construction of the access from the A588 comprised in Work No. 6 of Schedule 1 (authorised development) to base course level, wheel-cleaning facilities shall be provided at a location to be agreed with the relevant planning authority in writing.

• (2) Unless otherwise agreed with the relevant planning authority in writing, the wheel-cleaning facilities installed shall remain available for use, and shall be maintained in full working order, at all times during the construction phase, and be used so as to ensure that no debris from any work site is deposited by vehicle wheels upon the public highway.

Internal roads

15

The access road between the wheel-cleaning facilities referred to in paragraph 14 (wheel cleaning facilities) and the boundary of the Preesall site shall, during the construction phase, be metalled and drained and kept clear of debris along its entire length at all times.

Temporary access routes

16

• (1) Upon completion of construction of the authorised development, all temporary access routes onto the public highway shall be closed, except for those to the gas compressor compound forming part of Work No. 3 in Schedule 1 (authorised development), to the booster pump station forming part of Work No. 4 in Schedule 1 (authorised development) and to the well head compound areas forming part of Work Nos. 2A to 2G in Schedule 1 (authorised development).

• (2) All verges and field boundaries that will be affected by temporary access routes shall be restored in accordance with details to be first agreed in writing by the relevant planning authority and thereafter shall be maintained for a period of five years.

Fencing and other means of enclosure

17

• (1) No stage of the authorised development shall commence until written details of all temporary fences or other means of enclosure for the construction of that stage have been submitted to and approved by the relevant planning authority.

• (2) Any construction sites required for a stage of the authorised development must remain securely fenced at all times during the construction phase of that stage.

• (3) Any temporary fencing must be removed on completion of the authorised development.

• (4) No stage of the authorised development shall commence until written details of all permanent fences for that stage have been submitted to and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites) approved by the relevant planning authority.

• (5) Any approved permanent fencing around works comprised in a stage of the authorised development must be completed before those works are brought into use.

• (6) All fencing must be completed in accordance with the written details approved by the relevant planning authority.

Ground/surface water and pollution prevention

18

• (1) No stage of the authorised development shall commence until for that stage, written details of the surface and foul water drainage system (including means of pollution control) have, after consultation with the sewerage and drainage authority, been submitted to and approved by the relevant planning authority. The surface and foul water drainage system must be constructed in accordance with the details approved under this sub-paragraph.

• (2) No stage of the authorised development involving the diversion of any stream or watercourse shall commence until a scheme and programme (including a timescale) for its diversion has been submitted to and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites and with the Environment Agency) approved in writing by the relevant planning authority. The stream or watercourse must be diverted in accordance with the approved scheme and programme.

• (3) Unless otherwise permitted under sub-paragraphs (1) and (2), throughout the construction phase, operational phase, and decommissioning phase, all ditches, watercourses, field drainage systems and culverts shall be maintained such that the flow of water is not impaired or the drainage onto and from adjoining land rendered less effective.

• (4) All oil, diesel oil and lubricants stored within the authorised development for any purpose shall be stored on a base impervious to both oil and water and surrounded by an impermeable bund wall. The bunded area shall be capable of containing 110% of the largest tank’s capacity and all drain pipes, fill pipes and sight gauges shall be enclosed within its curtilage.

• (5) All drilling mud shall be stored in a bunded area with an impermeable liner within the drilling compound prior to disposal in accordance with a scheme to be agreed with the relevant planning authority.

• (6) All drilling cuttings shall be removed from each drilling compound for use in the landscape scheme or for disposal in accordance with a scheme to be agreed with the relevant planning authority.

Archaeology

19

• (1) No stage of the authorised development shall commence until for that stage, a written scheme for the investigation of areas of archaeological interest as identified in the environmental statement (Chapter 7 of Volume 1A) has been submitted to and approved by the relevant planning authority.

• (2) The written scheme of investigation shall identify areas where a programme of archaeological investigation is required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

• (3) Any archaeological works or watching brief carried out under the archaeological scheme must be by a suitably qualified person or body approved by the relevant planning authority.

• (4) Any archaeological works or watching brief must be carried out in accordance with the approved archaeological scheme.

External lighting

20

No stage of the authorised development shall commence until written details of any external lighting to be installed—

• (a) temporarily at any of the construction sites within that stage during the construction phase; or

• (b) permanently during the operational phase at any site within that stage,

including measures to prevent light spillage, have, after consultation with the highway authority, been submitted to and approved by the relevant planning authority; and any approved means of lighting must subsequently be installed and retained for the duration of the construction phase and operational phase as approved.

Construction hours

21

• (1) Except in the event of an emergency, construction work (other than cavern drilling and cavern washing activities and, in relation to Work Nos. 12, 13, 14, 17B and 17C of Schedule 1 other than reaming activities) shall not take place other than between the hours of 08:00 and 18:00 hours Monday to Friday and 08:00 and 13:00 hours on Saturdays; and, unless otherwise agreed in writing with the relevant planning authority, except in the event of an emergency no construction work (other than cavern drilling and cavern washing activities) shall take place on Sundays and public holidays.

• (2) Nothing in sub-paragraph (1) precludes—

• (a) a start-up period from 07:30 to 08:00 and a shut-down period from 18:00 to 18:30 Monday to Friday; and

• (b) a start-up period from 07:30 to 08:00 and a shut-down period from 13:00 to 13:30 on Saturdays.

• (3) Unless otherwise agreed in writing by the relevant planning authority, no heavy goods vehicles shall, in the course of construction of the authorised development, enter or leave the Order land other than between the hours of 08:00 and 18:00 hours Monday to Friday and 08:00 and 13:00 hours on Saturdays (excluding public holidays); and in the course of construction of the authorised development, no heavy goods vehicles shall enter or leave the Order land on Sundays and public holidays, unless otherwise agreed in writing by the relevant planning authority.

Construction of and drilling operations in wellhead compound areas

22

• (1) Wellhead compound areas (including the erection of associated bunds and temporary screening) shall not be constructed other than during the months of May to August (inclusive) in the same calendar year.

• (2) Drilling operations within wellhead compound areas shall take place at no more than one wellhead compound area at any one time.

Code of construction practice

23

• (1) No stage of the authorised development shall commence until a code of construction practice has been submitted to and approved by the relevant planning authority.

• (2) All construction works shall be undertaken in accordance with the approved code of construction practice, unless otherwise agreed with the relevant planning authority.

Construction worker travel plan

24

• (1) No stage of the authorised development shall commence until a construction worker travel plan relating to the construction phase has been submitted to and approved by the relevant planning authority.

• (2) The construction worker travel plan shall be implemented during the construction phase.

Disposal of filtered material

25

All filtered material resulting from solution mining shall be disposed of on-site unless otherwise agreed in writing with the relevant planning authority.

Control of noise during construction and maintenance

26

• (1) No stage of the authorised development shall commence until a written scheme for noise management during construction and maintenance of that stage has been submitted to and approved by the relevant planning authority.

• (2) The scheme shall set out the particulars of—

• (a) the works, and the method by which they are to be carried out;

• (b) the noise attenuation measures to be taken to minimise noise resulting from the works, including any noise limits;

• (c) a scheme for monitoring the noise during the works to ensure compliance with the noise limits and the effectiveness of the attenuation measures;

• (d) noise attenuation measures required to avoid significant disturbance to birds associated with the designated European sites; and

• (e) a scheme for the handling of complaints in respect of noise resulting from the works, including a designated point of contact to which such complaints may be submitted.

• (3) The approved noise management scheme must be implemented before and maintained during construction and maintenance of the relevant stage of the authorised development.

• (4) The construction and maintenance works must be undertaken in accordance with the approved noise management scheme.

• (5) All plant, equipment and machinery used in the construction, operation and maintenance of the authorised development shall be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer’s specification and shall be maintained in accordance with that specification at all times during the construction, operation and maintenance of the authorised development.

• (6) Notwithstanding sub-paragraph (1), during drilling under the river Wyre comprised in Work Nos. 12, 13 and 14 of Schedule 1 (authorised development), noise levels at the nearest occupied residential property at Harbour Village shall not exceed—

• (a) 60dB LAeq,1h between the hours of 07:00 and 19:00;

• (b) 55dB LAeq,1h between the hours of 19:00 and 23:00; and

• (c) 42dB LAeq,1h between the hours of 23:00 and 07:00,

and in this sub-paragraph “Harbour Village” means the land edged red on the Harbour Village plan.

• (7) Notwithstanding sub-paragraph (1), during drilling under the river Wyre comprised in Work Nos. 17B and 17C of Schedule 1 (authorised development), noise levels at the nearest occupied caravan at Kneps Farm Holiday Park and at the nearest occupied caravan at Flints Caravan Park shall not exceed—

• (a) 60dB LAeq,1h between the hours of 07:00 and 19:00;

• (b) 55dB LAeq,1h between the hours of 19:00 and 23:00; and

• (c) 42dB LAeq,1h between the hours of 23:00 and 07:00,

and in this sub-paragraph “Kneps Farm Holiday Park” means the land edged red on the Kneps Farm Holiday Park plan and “Flints Caravan Park” means the land edged red on the Flints Caravan Park plan.

Control of noise during operational phase

27

• (1) No stage of the authorised development shall commence operation until a written scheme for noise management of works comprised in that stage, including monitoring and attenuation for the use of works comprised in that stage of the authorised development, has been submitted to and approved by the relevant planning authority.

• (2) The noise management scheme must be implemented as approved and maintained for the duration of use of the authorised development.

Control of dust emissions

28

• (1) No stage of the authorised development shall commence until a written scheme for the management and mitigation of dust emissions for that stage has been submitted to and approved by the relevant planning authority.

• (2) The approved scheme for the management and mitigation of dust emissions must be implemented before and maintained during the construction phase, operational phase and decommissioning phase (as appropriate) of the relevant stage of the authorised development.

Protection of agricultural practice

29

All topsoil and subsoil storage mounds arising from the authorised development shall be kept free from noxious weeds.

Soil stripping, handling and storage

30

• (1) No stage of the authorised development involving the stripping of soil shall commence until a scheme setting out the method, handling, storage, re-instatement and programme of works related to the stripping of soil (if any) comprised in that stage has been submitted to and approved by the relevant planning authority.

• (2) Soil stripping must be carried out in accordance with the approved scheme.

Decommissioning, restoration and aftercare scheme for submission prior to commencement of the authorised development

31

• (1) No stage of the authorised development shall commence until a scheme of decommissioning, restoration and aftercare for that stage has been submitted to and approved by the relevant planning authority.

• (2) The scheme (so far as relevant to that stage) shall include proposals for—

• (a) decommissioning of the operational caverns following permanent cessation of such operational caverns;

• (b) decommissioning of the pipelines comprised in the authorised development;

• (c) what above-ground structures, buildings and other parts of the authorised development are to be demolished, removed or retained and the means of any demolition;

• (d) the phasing (if any) of any decommissioning, demolition or removal proposed in paragraphs (a) to (c);

• (e) the means of removal of decommissioning materials and demolition waste arising from the activities listed in paragraphs (a) to (c);

• (f) the restoration and aftercare of land on which works comprised in that stage of the authorised development are located.

Decommissioning of individual operational caverns during operational phase

32

• (1) Following the completion of all solution mining works relating to the creation of a proposed operational cavern pursuant to the powers granted in this Order, if that proposed operational cavern is determined during testing to be unsuitable for the storage of gas and after a period of 24 months from the date of that determination it is still deemed unsuitable for storage of gas, then a scheme detailing the decommissioning of that proposed operational cavern (referred to hereafter in this paragraph as a “redundant cavern”) and infrastructure related to that redundant cavern not required for the remainder of the authorised development shall be submitted to the relevant planning authority for approval.

• (2) The scheme referred to in sub-paragraph (1) shall also set out proposals for—

• (a) the long-term management of the redundant cavern;

• (b) the monitoring of the redundant cavern;

• (c) a risk management plan setting out measures to be taken in appropriate circumstances to minimise risk in respect of the redundant cavern; and

• (d) a timetable for implementation of the scheme.

• (3) Following written approval by the relevant planning authority, the scheme referred to in sub-paragraph (1) shall be implemented.

Decommissioning, restoration and aftercare scheme after permanent cessation of operations

33

• (1) Six months prior to the permanent cessation of operation of the authorised development, a scheme of decommissioning, restoration and aftercare of the authorised development shall be submitted for approval in writing by the relevant planning authority.

• (2) The scheme shall include proposals for—

• (a) future uses of the operational caverns following permanent cessation of such operational caverns or (if none) the means of decommissioning such operational caverns;

• (b) future uses of the pipelines comprised in the authorised development or (if none) the means of decommissioning of such pipelines;

• (c) what above-ground structures, buildings and other parts of the authorised development are to be demolished or retained and the means of any demolition;

• (d) the phasing of any decommissioning, demolition or removal proposed in paragraphs (a) to (c);

• (e) the means of removal of decommissioning materials and demolition waste arising from the activities listed in paragraphs (a) to (c);

• (f) works for the restoration of land within the Order limits on which the authorised development is located and the phasing of such restoration works;

• (g) aftercare of the authorised development, having regard to any future uses of elements of the authorised development, including the long-term monitoring and management of the decommissioned caverns;

• (h) a risk management plan setting out measures to be taken in appropriate circumstances to minimise risk in respect of the authorised development following permanent cessation of operation of the authorised development; and

• (i) a timetable for implementation of the scheme.

• (3) The scheme shall be implemented as approved following the permanent cessation of the operation of the authorised development.

Maintenance of brine discharge pipeline, 132kV electrical circuits and NTS interconnector pipeline

34

• (1) Save in the case of emergency (which shall include but not be limited to works necessitated by safety or production requirements), 28 days’ written notice shall be given to the relevant planning authority prior to the implementation of any maintenance works relating to the brine discharge pipeline, the 132kV electrical circuits and NTS interconnector pipeline. The notice shall set out the extent of the maintenance works and their timing.

• (2) Save in the case of emergency (which shall include but not be limited to works necessitated by safety or production requirements) or unless otherwise agreed in writing with the relevant planning authority, all maintenance works to the brine discharge pipeline, the 132kV electrical circuits and NTS interconnector pipeline shall not be carried out other than between the hours of 07:00 and 18:00 (Monday to Saturday) and no such maintenance work shall be carried out on a Sunday, bank holiday or public holiday.

• (3) The maintenance works described in sub-paragraphs (1) and (2) shall be carried out and the land related to such maintenance works shall be reinstated as expeditiously as reasonably practicable.

Ground subsidence monitoring scheme

35

• (1) That part of the interconnector gas pipeline between Work No. 3 in Schedule 1 (authorised development) and Back Lane, comprised in Work No. 20A in that Schedule, shall not be commenced until a ground subsidence monitoring scheme relating to the Preesall site has been submitted to and approved by the relevant planning authority. The scheme shall include details of—

• (a) how ground levels are to be monitored; and

• (b) the extent within the Preesall site and timescales of any monitoring activities.

• (2) Within 6 months of any ground subsidence being identified by the monitoring activities set out in the ground subsidence monitoring scheme, a scheme setting out necessary mitigation measures (if any) for such ground subsidence (a “ground subsidence mitigation scheme”) shall be submitted to the relevant planning authority for approval.

• (3) The ground subsidence monitoring scheme and ground subsidence mitigation scheme shall be implemented as approved, unless otherwise agreed in writing by the relevant planning authority.

Signals

36

The undertaker shall in the course of construction of the works authorised under the marine licence set out at Schedule 7 (deemed licence under the Marine and Coastal Access Act 2009) ensure that any jack up barges or vessels utilised, when jacked up, shall exhibit signals in accordance with the UK standard marking schedule for offshore installations[^f00041].

River Wyre crossings

37

• (1) All works in respect of pipelines and cables comprised in the authorised development which cross the river Wyre (including the creation of compounds associated with such works (referred to in this paragraph as “compounds”))—

• (a) shall be carried out in such a way as to ensure that there is no encroachment on or damage to habitats within the designated European sites; and

• (b) shall not be carried out other than during the months of May to August (inclusive) in the same calendar year save that any excavation and drilling operations comprised in such works may be undertaken only during the months of May to July (inclusive) in the same calendar year and save that the creation of compounds may be undertaken only during the months of April to August (inclusive) in the same calendar year.

• (2) Compounds shall not be created until details of the siting of such compounds have been submitted to the relevant planning authority and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites) have been approved by the relevant planning authority; and the compounds shall be created in accordance with the approved details.

Dedication agreement

38

The works described in Schedule 3 (streets subject to alteration of layout) shall not be commenced until a written agreement has been entered into with the highway authority (which shall not unreasonably withhold or delay its entry into such an agreement) which provides for—

• (a) completion of those works to the reasonable satisfaction of the highway authority;

• (b) dedication of those works as public highway upon such completion;

• (c) agreement by the highway authority to adopt the works as highway maintainable at the public expense following—

• (i) such completion; and

• (ii) the expiry of a maintenance period of 12 months during which time any necessary remedial works shall be undertaken by the undertaker at its own expense; and

• (d) such other matters reasonably required by the highway authority in respect of sub-paragraphs (a) to (c) which are usually and reasonably included in such written agreements with highway authorities.

Requirement for written approval

39

Where under any of the above Requirements the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be given in writing.

Amendments to approved details

40

With respect to any Requirement which requires the authorised development to be carried out in accordance with details agreed with the relevant planning authority, the agreed details shall be taken to include any amendments that may subsequently be agreed in writing with the relevant planning authority.

Changes approved by the relevant planning authority

41

Where the words “unless otherwise agreed with the relevant planning authority” or “unless otherwise agreed in writing with the relevant planning authority” appear in these Requirements, any such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of that authority that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Signed

Signed by authority of the Secretary of State

Giles Scott — Head of National Infrastructure Consents — Department of Energy and Climate Change — 17th July 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Halite Energy Group Limited (referred to as “the undertaker”) to construct and operate an underground gas storage facility and associated infrastructure in Preesall, Lancashire.

The Order permits the undertaker to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose. The Order also makes provision in connection with the maintenance of the facility.

The Order also deems to be granted a marine licence for the marine licensable activities as set out in Schedule 7 (deemed licence under the Marine and Coastal Access Act 2009). The deemed marine licence imposes conditions in connection with the works for which it grants consent.

A copy of the Order plans and the book of reference mentioned in this Order and certified in accordance with article 39 of this Order (certification of plans, etc.) may be inspected free of charge during working hours at the Planning Reception Desk, Wyre Borough Council, Civic Centre, Breck Road, Poulton-le-Fylde, Lancashire, FY6 7PU.

Informative: To the extent that an activity comprised in the maintenance of the licensed works authorised under the marine licence at Schedule 7 requires a marine licence under the 2009 Act, the undertaker must submit an application to the MMO for such a licence in respect of such an activity.

Footnotes

[^f00001]: S.I. 2009/2264, amended by S.I. 2010/439, 602, 2012/635, 2654, 2732, 2013/522, 755.

[^f00002]: 2008 c. 29. The relevant provisions of the Planning Act 2008 are amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20), and by sections 22-27 of the Growth and Infrastructure Act 2013 (c. 27) (see S.I. 2013/1124 for transitional provisions).

[^f00003]: Following the abolition of the Infrastructure Commission on 1st April 2012, a Panel appointed under section 61 of the 2008 Act is treated as if appointed by the Secretary of State by virtue of a direction given by the Secretary of State under section 129 of the Localism Act 2011.

[^f00004]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00005]: Section 74 is amended by the Localism Act 2011, Schedule 13 paragraph 29(3) and Schedule 25 paragraph 1.

[^f00006]: 1961 c. 33. Sections 1 and 4 were amended by the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307). Sections 2 and 3 were repealed by that Order. There are other amendments to the 1961 Act which are not relevant to this Order.

[^f00007]: 1965 c. 56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71). Section 5 was amended by section 67 of the Planning and Compensation Act 1991; section 80 of, and Part 2 of Schedule 18 to, the Planning and Compensation Act 1991 make provisions in respect of interest payable on compensation. Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c. 39). Section 11(1) and sections 31 and 32 were amended, and section 30 was substituted, by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67); sections 11(1) and 31 were also amended by section 14 of, and paragraph 12 of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23). Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 20 was amended by section 70 of, and paragraph 4 of Schedule 15 to, the Planning and Compensation Act 1991. Section 31 was also amended by section 70 of, and paragraph 19 of Schedule 15 to, the Planning and Compensation Act 1991. Section 125 of the Planning Act 2008 applies Part 1 of the 1965 Act with modifications. There are other amendments to the 1965 Act which are not relevant to this Order.

[^f00008]: 1980 c. 66. Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 (c. 22); section 1(2), (3) and (4) was amended by section 8 of, and paragraph 1 of Schedule 4 to, the Local Government Act 1985 (c. 51); section 1(2A) was inserted, and section 1(3) was amended, by section 259 (1), (2) and (3) of the Greater London Authority Act 1999 (c. 29); sections 1(3A) and 1(5) were inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c. 19). Section 36(2) was amended by section 4(1) of, and paragraphs 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1985, by S.I. 2006/1177, by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11), by section 64(1), (2) and (3) of the Transport and Works Act 1992 (c. 42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c. 37); section 36(3A) was inserted by section 64(4) of the Transport and Works Act 1992 and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985; and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994. Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c. 15). There are other amendments to the 1980 Act which are not relevant to this Order.

[^f00009]: 1990 c. 8. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008. There are other amendments to the 1990 Act which are not relevant to this Order.

[^f00010]: 1991 c. 22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26). Sections 79(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18). There are other amendments to the 1991 Act which are not relevant to this Order.

[^f00011]: 2009 c. 23.

[^f00012]: 1981 c. 67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991. Paragraph 1(5) of Part 1 of Schedule 2 was amended by section 67 of, and paragraph 27(3) of Schedule 9 to, the Coal Industry Act 1994 (c. 21). There are other amendments to this Act which are not relevant to this Order.

[^f00013]: Section 48 is amended by the Local Transport Act 2008 (c. 26), Part 7, section 124(2).

[^f00014]: 2009 c. 23.

[^f00015]: 1990 c. 43. section 82 is amended by section 5 of the Noise and Statutory Nuisance Act 1993 (c. 40), Schedule 17 to the Environment Act 1995 (c. 25) and section 103 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).

[^f00016]: 1974 c. 40. sections 61 and 65 are amended by section 133 of the Building Act 1984 (c. 55), Schedule 24 to the Environment Act 1995 (c. 25) and section 162 of, and Schedule 15 to, the Environmental Protection Act 1990 (c. 43); there are other amendments not relevant to this Order.

[^f00017]: Section 48 is amended by the Local Transport Act 2008 (c. 26) section 124(2); section 51 is amended by Schedule 1 to the Traffic Management Act 2004 (c. 18).

[^f00018]: Sections 54 to 106 are amended by Schedule 7 to the Road Traffic Act 1991 (c. 40), Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60), sections 255 and 256 of the Transport Act 2000 (c. 38), sections 40 to 64 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18), Schedule 3 to the Flood and Water Management Act 2010 (c. 29), and regulation 17 of S.I. 2007/1951; there are other amendments that are not relevant to this Order.

[^f00019]: 1991 c. 56; section 106 is amended by sections 36(2) and 99 of the Water Act 2003 (c. 37). There are other amendments to this section which are not relevant to this Order.

[^f00021]: 1964 c. 40; there are amendments to section 57 that are not relevant to this Order.

[^f00022]: There are amendments that are not relevant to this Order.

[^f00023]: 1981 c. 66.

[^f00024]: Section 13 is amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00025]: 2003 c. 21; there are amendments to section 151 that are not relevant to this Order.

[^f00026]: 1981 c. 66.

[^f00027]: Section 11 is amended by Schedule 4 to the Acquisition of Land Act 1981 (c. 67), Schedule 1 to the Housing (Consequential Provisions) Act 1985 (c. 71), the Church of England (Miscellaneous Provisions) Measure 2006 No. 1 Schedule 5 paragraph 12(1) and the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307).

[^f00028]: 2009 c. 23; there are amendments that are not relevant to this Order.

[^f00029]: 2009 c. 23.

[^f00030]: Contact details for the main office of the MMO are Marine Management Organisation, Inshore Marine Licensing, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH; telephone 0300 123 1032; fax: 0191 376 2681; and email: infrastructure@marinemanagement.org.uk.

[^f00031]: Contact details for the main office of the MMO’s Marine Pollution response team are Marine Management Organisation, Marine Pollution Response Team, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH; telephone 0870 785 1050 or 07770 977825; and email: dispersants@marinemanagement.org.uk.

[^f00032]: S.I. 2002/1355; amended by S.I. 2005/2055; 2010/1513; 2011/78; and 2011/982.

[^f00033]: 1989 c. 29.

[^f00034]: 1991 c. 56.

[^f00035]: 1986 c. 44.

[^f00036]: 2003 c. 21.

[^f00037]: See section 106.

[^f00039]: S.I. 1999/743.

[^f00040]: S.I. 2010/490.

[^f00041]: Obtainable by post from the Department of Energy and Climate Change, OED - EDU, Environment Management Team, 4th Floor, Atholl House, 86-88 Guild Street, Aberdeen, AB11 6AR (telephone 01224 254050; email EMT@decc.gsi.gov.uk).

Editorial notes

[^key-88605532c594a3b7cd48152e522c3ce8]: Art. 1 in force at 7.8.2015, see art. 1

[^key-2bfc31fb1af781ae78cbb9df37fcabf6]: Art. 2 in force at 7.8.2015, see art. 1

[^key-f87d9b0b15510e215c68783ba1aef811]: Art. 3 in force at 7.8.2015, see art. 1

[^key-dbad24f28c18a161594b896aca81a6ad]: Art. 4 in force at 7.8.2015, see art. 1

[^key-a1f415c71c386c3d02880d9ba50a0462]: Art. 5 in force at 7.8.2015, see art. 1

[^key-fcb2051921ec0fc3254f44e4be3f604e]: Art. 6 in force at 7.8.2015, see art. 1