LegalizeThe Keuper Underground Gas Storage Facility Order 2017
- Gas conversion equipment will include gas wellhead with isolation valves and instrumentation, brine, nitrogen and gas pipework manifolds, isolation and shutdown valves, instrumentation, rig to remove downhole casing under pressure (“Snubbing” rig), security fencing, hardstanding, electrical and instrument kiosks, on demand and security lighting, power and communication cables, sump and sump pump and access platforms.
- Gas storage equipment will include gas wellhead with isolation valves and instrumentation, gas and nitrogen pipework manifolds, isolation and emergency shutdown valves, instrumentation, glycol/methanol injection package (including storage vessel), operational access steelwork, security fencing, hardstanding, electrical and instrument kiosks, on-demand and security lighting, power and communication cables, sump and sump pump and access platforms.
Work No.2B – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2C – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2D – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2E – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2F – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2G – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2H – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2J – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2K – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2L – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2M – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2N – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2P– A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2Q – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2R – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work. No.2S – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2T– A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.2U – A gated access wellhead compound area of up to 80m x 60m reducing after cavity drilling to no more than 50m by 50m containing vertical wells connecting the wellhead to the underground gas storage cavity. Equipment required during drilling, solution mining, gas conversion and gas storage described in Work No.2A.
Work No.3A– A buried low-pressure water pipeline 300m long and 508mm external diameter from the existing infrastructure at the Holford Gas Storage Limited former temporary solution mining compound off Drakelow Lane to the new solution mining compound (Work No.4). To be laid via open trench construction not less than 1 metre below ground in-filled and contoured to the surrounding land.
Work No.3B– A buried low-pressure brine pipeline 300m long and 508mm external diameter from the existing infrastructure at the Holford Gas Storage Limited former temporary solution mining compound off Drakelow Lane to the new solution mining compound (Work No.4). To be laid via open trench construction not less than 1 metre below ground in-filled and contoured to the surrounding land.
Work No.4 – A solution mining compound including pumphouse building, water boosting pumps, liquid nitrogen storage, vaporisation and distribution equipment, brine degassing tanks, weak brine pumps, electrical switchrooms, distributed control system, control and amenities building, temporary construction offices and initial construction facilities including laydown areas, security fence, task lighting, sump and sump pump.
Work No.5A – A network of buried water pipework with a combined total length of 8,100m and external diameters ranging between 274mm and 508mm from the solution mining compound (Work No.4) to the wellhead locations (Work Nos 2A to 2U). To be laid via open trench construction not less than 1 metre below ground in-filled and contoured to the surrounding land.
Work No.5B – A network of buried brine pipework with a combined total length of 10,140m and external diameters ranging between 274mm and 508mm from the solution mining compound (Work No.4) to the wellhead locations (Work Nos 2A to 2U). To be laid via open trench construction not less than 1 metre below ground in-filled and contoured to the surrounding land.
Work No.5C – A network of two buried nitrogen pipelines (high and low pressure) with a combined total length of 16,200m and 60mm external diameter from the solution mining compound (Work No.4) to the wellhead locations (Work Nos 2A to 2U). To be laid via open trench construction not less than 1 metre below ground in-filled and contoured to the surrounding land.
Work No.5D – A network of buried electrical power and communication cables with a combined total length of 17,000m from the solution mining compound (Work No.4) to the wellhead locations (Work Nos 2A to 2U), the gas processing plant (Work No.14) and the national transmission system connection compound (Work No.12). To be laid via open trench construction not less than 1 metre below ground in-filled and contoured to the surrounding land.
Work No.6 – An internal site access road network, including drainage, culverts and bridges at watercourses, to the wellhead compounds (Work Nos 2A to 2U), gas processing plant (Work No.14), solution mining compound (Work No.4), 132kV substation compound (Work No.25), the gas marshalling compounds (Work Nos 20 and No.21) and temporary construction laydown area (Work No.16) at the first gas marshalling compound (Work No.20).
Work No.7 – A site access road including drainage and culverts from the existing entrance on King Street (A530) to the gas processing plant (Work No.14), the national transmission system connection compound (Work No.12), the office, control and maintenance building (Work No.15) and the temporary construction laydown areas (Work No.16).
Work No.8 – Not used.
Work No.9 – A new pumping tank and a new surge vessel installed within the brine purification plant at Lostock works including pipework and valving connecting into the existing pumping system.
Work No.10 – A pipebridge and walkway installed at the Runcorn site as part of the installation of 600m of 508mm external diameter brine pipeline across the Weston Canal (Weaver Navigation) and then buried within the Telford Wall, between the Manchester Ship Canal and the Weston Canal eventually discharging into the Manchester Ship Canal.
Work No.11 – Re-commissioning of the Whitley pumping station for a period of 10 years from the completion of the authorised development including the installation of the pumphouse equipment (two booster pumps, two sump pumps, pipework, electrical equipment and variable speed drives) electrical supply from the Scottish Power Energy Networks supply (Work No.27) transformer, civil works and pipework, surge vessel, new roof, lighting and painting.
Work No.12 – A fenced compound and connection to the National Grid’s national gas transmission system high pressure gas pipe adjacent to King Street (A530). Including a remotely operated valve, commissioning bypass, a pig trap, connection insulation joint, instrumentation (including gas flow metering and gas calorific value metering), filters and emergency shutdown valve telemetry plus control equipment housed within a kiosk.
Work No.13– A buried gas pipeline 500m long and 915mm external diameter between the national gas transmission system connection (Work No.12) and the gas processing plant (Work No.14). To be laid via open trench construction not less than 1.2 metre below ground and in-filled and contoured to the surrounding land.
Work No.14 – A gas processing plant including security fencing, lighting, electrical substation, instrument room, compressor house, first gas fill compressor, gas compressors, motor coolers, oil coolers, gas coolers, drying towers, air cooled condensers, regeneration heaters, water heaters building, gas manifold, metering skid, fuel gas skid, pig launcher and receiver, knock out drums and vessels, filters, flowmeters, control valves, exchangers, transformers, nitrogen package including buffer vessel, methanol/glycol recovery including pumps and storage tanks, regeneration heating vents, water heater vents, separators, emergency cold vent, surface water interceptor pit and pumps.
Work No.15 – An office, control and maintenance building and car park with 40 parking spaces located adjacent to the gas processing plant (Work No.14).
Work No.16 – Six temporary construction laydown areas including installation of cabins and provision of car parking with 260 parking spaces.
Work No.17 – A buried townswater pipeline supply 450m long and 60mm external diameter from the existing supply that runs alongside King Street (A530) to the administration building (Work No.15). To be laid via an open trench construction not less than 900mm below ground in-filled and contoured to the surrounding land.
Work No.18 – A buried sewer pipeline 450m long and 200mm external diameter routed from the administration building (Work No.15) to the existing manifold that runs alongside King Street (A530). To be laid via an open trench construction not less than 900mm below ground in-filled and contoured to the surrounding land.
Work No.19A – Two buried gas pipelines of 1140m long and 915mm (gas trading) and 219mm (first gas fill) external diameter respectively routed between the gas processing plant (Work No.14) and the gas marshalling compound (Work No.20). To be laid via open trench construction not less than 1.2metre below ground and in-filled and contoured to the surrounding land.
Work No.19B – Two buried gas pipelines of 700m long and 915mm (gas trading) and 219mm (first gas fill) external diameter respectively routed between the gas marshalling compound (Work No.20) and gas marshalling compound (Work No.21). To be laid via open trench construction not less than 1.2metre below ground and in-filled and contoured to the surrounding land.
Work No.19C – A buried gas pipeline of 340m long and between 219mm and 324mm external diameter from the gas processing plant (Work No.14) to wellhead compound (Work No.2H). To be laid via open trench construction not less than 1.2metre below ground and in-filled and contoured to the surrounding land.
Work No.20 – A gas marshalling compound including security fencing, lighting, control kiosk, and an underground pipework manifold system with valves that have extended stems (for operation above ground) connecting gas distribution pipework (Work No.22) to seven wellhead compounds (Work Nos 2A, 2B, 2C, 2E, 2J, 2K and 2L).
Work No.21- A gas marshalling compound including security fencing, lighting, control kiosk, and an underground pipework manifold system with valves that have extended stems (for operation above ground) connecting gas distribution pipework (Work No.22) to eleven wellhead compounds (Work 2D, 2F, 2G, 2M, 2N, 2P, 2Q, 2R, 2S, 2T and 2U).
Work No.22 – A network of buried gas pipelines with a combined total length of 13,150m and external diameter between 219mm and 324mm from the gas marshalling compounds (Work No.20 and No.21) to the individual wellheads (Work No.2A to No.2U NB: excluding Work No.2H which is detailed in Work No.19C above). To be laid via open trench construction not less than 1.2metre below ground in-filled and contoured to the surrounding land.
Work No.23 – An electrical compound adjacent to the solution mining compound (Work No.4) including a brick sub-station, security fencing, lighting local transformers, associated switchgear and power factor correction equipment.
Work No.23A – A 200m long 33kV electrical supply cable routed overhead and underground from the Scottish Power Energy Networks overhead supply to the electrical compound (Work No.23).
Work No.24 – A buried fibre optic cable of up to 550 metres from the Holford Gas Storage Limited former temporary solution mining compound to the solution mining compound (Work No.4). To be laid via open trench construction not less than 1.2metre below ground in-filled and contoured to the surrounding land.
Work No.25 – A 132kV to 33kV substation compound, from the existing Scottish Power Energy Networks overhead pylon 132kV power infrastructure. The compound will include switch/control room, security fencing, lighting, a pylon, local transformers, associated switchgear and power factor correction equipment to supply the gas processing plant (Work No.14).
Work No.26 – Two 950m long 33kV electrical supply cables routed (buried and above ground) between the 132kV substation (Work No.25) and the electrical substation associated with the gas processing plant (Work No.14).
Work No.27 – An overhead 50m long 11kV electrical supply cable from the existing local Scottish Power Energy Networks overhead pole supply to the Whitley Pumping Station (Work No.11).
Work No.28A – A buried gas pipeline 570m long and 915mm external diameter between the gas marshalling compound (Work No.20) and the Holford Gas Storage Limited gas marshalling compound. To be laid via open trench construction not less than 1.2metre below ground in-filled and contoured to the surrounding land.
Work No.28B – A buried gas pipeline 1,810m long and 915mm external diameter between the gas marshalling compound (Work No.20) and the Stublach Gas Storage Project (Storengy) gas infrastructure. To be laid via open trench construction not less than 1.2metre below ground in-filled and contoured to the surrounding land.
Work No.29A – A buried water pipeline 1,650m long and 508mm external diameter connecting between the solution mining compound (Work No.4) and Stublach Gas Storage Project (Storengy) solution mining infrastructure. To be laid via open trench construction not less than 1 metre below ground in-filled and contoured to the surrounding land.
Work No.29B – A buried brine pipeline 1,650m long and 508mm external diameter connecting between the solution mining compound (Work No.4) and Stublach Gas Storage Project (Storengy) solution mining infrastructure. To be laid via open trench construction not less than 1 metre below ground in-filled and contoured to the surrounding land.
Work No.30- Diversion of the Scottish Power Energy Networks 11kV overhead cable located to the north of Work No.2E with a length of up to 250m including installation of two new poles.
Work No.31 – Diversion of the Scottish Power Energy Networks 33kV overhead cable located to the west of Work No.2F with a length of up to 500m including installation of three new poles.
Work No.32 – Diversion of the Scottish Power Energy Networks 11kV overhead cable located to the east of Work No.2H with a length of up to 180m including installation of two new poles.
Work No.33 – Diversion of the Scottish Power Energy Networks 33kV overhead cable located to the east of Work No.2J with a length of up to 515m including installation of five new poles.
Work No.34 – Diversion of the Scottish Power Energy Networks 33kV overhead cable located to the west of Work No.2P with a length of up to 250m including installation of four new poles.
Work No.35 –A series of precise level points 3.5m in length driven into the ground to monitor any changing underlying ground movements.
SCHEDULE 2 — REQUIREMENTS
Time limits
1
The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.
Authorised development to be carried out in accordance with certified plans and documents and with matters approved under requirements
2
- (1) The authorised development must be carried out in accordance with–
- (a) the plans and documents certified by the Secretary of State as true copies of the documents referred to in this Order;
- (b) subject to requirement 20, any other plans, schemes or documents approved in writing by the relevant planning authority pursuant to the requirements; and
- (c) the parameters specified in Tables 1 – 11 below.
- (2) In these tables “AOD” means above ordnance datum.
| Building or structure (part of Work No.14) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level of approximately 33-34 metres AOD) | Minimum height (metres above existing site level of approximately 33-34 metres AOD) |
|---|---|---|---|---|
| Control room workshop | 30.0 | 40.0 | 5.0 | |
| Substation | 20.0 | 25.0 | 4.0 | |
| Instrument room (DCS) | 6.0 | 8.0 | 4.0 | |
| Compressor house (2 off) | 20.0 | 28.0 | 10.0 | |
| First gas fill compressor and cooler package | 6.0 | 28.0 | 7.0 | |
| Motor coolers (10 off) | 6.0 | 8.0 | 4.0 | |
| Gas coolers | 18.0 | 22.0 | 5.0 | |
| Drying towers (4 off) | 4.0 | 4.0 | 10.0 | |
| Air cooled condensers (2 off) | 6.0 | 8.0 | 4.0 | |
| Regeneration heaters (6 off) | 12.0 | 6.0 | 5.0 | |
| Water heater buildings (2 off) | 10.0 | 25.0 | 8.0 | |
| Transformers /VSD’s (5 off) | 6.0 | 15.0 | 5.0 | |
| Glycol storage (2 off) | 15.0 | 21.0 | 4.0 | |
| Gas Preheater Boiler Vents (4 off) | 0.8 (external diameter) 0.69 (internal diameter) | – | 10.0 | 10.0 |
| Glycol Regeneration Boiler Vents (6 off) | 0.8 (external diameter) 0.22 (internal diameter) | – | 10.0 | 10.0 |
| Emergency cold vent | 0.60(Diameter) | – | 25.0 | 25.0 |
| Building or structure (part of Work No.4 or 23) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level of approximately 37-38 metres AOD) | Minimum height (metres above existing site level of approximately 37-38 metres AOD) |
| --- | --- | --- | --- | --- |
| Pumphouse for both weak brine and water booster pumps | 12.5 | 65.0 | 4.0 | |
| Pump switchrooms (2 off) | 10.0 | 20.0 | 3.5 | |
| Control and amenities building | 10.0 | 14.0 | 3.5 | |
| Distributed control system building | 6.0 | 8.0 | 3.5 | |
| Electrical compound/switchroom (Work No 23) | 20.0 | 25.0 | 3.5 | |
| Liquid nitrogen storage vaporisation package | 8.0 | 16.0 | 3.0 | |
| Liquid nitrogen storage compound | 10.0 | 20.0 | 4.0 | |
| Brine de-gassing tanks (2 off) | 15.0 | 20.0 | 4.0 | |
| Within concrete bund | 20.0 | 25.0 | 3.5 | |
| Nitrogen vent | 0.08 (Diameter) | 9.0 | 5.0 | |
| Building or structure (Part of work no.20 or 21) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level 0f approximately 37-38 metres AOD for work no.20 and 40 metres AOD for work no.21) | Minimum height (metres above existing site level of approximately37-38 metres AOD for work no.20 and 40 metres AOD for work no.21) |
| --- | --- | --- | --- | --- |
| Compound with security fence and building listed below: | 50.0 | 50.0 | 3.0 | 2.4 |
| Control kiosk | 3.0 | 4.0 | 2.4 | |
| Security lighting/camera | 1.0 (diameter) | 5.5 | 3.0 | |
| Building or structure (Part of work no.25) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level of approximately 37-38 metres AOD) | Minimum height (metres above existing site level of approximately 37-38 metres AOD) |
| --- | --- | --- | --- | --- |
| Compound with security fence for all equipment listed below: | 50.0 | 80.0 | 3.0 | 2.4 |
| Transformers (2 off) | 5.0 | 12.0 | 7.0 | |
| Isolators (5 off) | 2.5 | 6.0 | 6.5 | |
| Power correction equipment | 2.5 | 3.0 | 4.0 | |
| Control room | 12.0 | 8.0 | 3.6 | |
| Switchroom | 12.0 | 20.0 | 3.6 | |
| New 132kV pylon (1 off) (Adjacent to existing pylon) | 5.0 at base Arms =14.0 | 5.0 at base | 28.0 | |
| Building or structure Part of work no.2A to 2U) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level of approximately 33-34 metres AOD) | Minimum height (metres above existing site level of approximately 33-34 metres AOD) |
| --- | --- | --- | --- | --- |
| Compound for equipment listed below: | 60.0 | 80.0 | 2.4 | 2.0 |
| Drilling rig (vehicle mounted) | 3.0 | 15.0 | 36.0 | |
| Cement silos (2 off) | 2.0 | 2.0 | 6.0 | |
| Building or structure Part of work no.2A to 2U) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level of approximately 33-34 metres AOD) | Minimum height (metres above existing site level of approximately 33-34 metres AOD) |
| --- | --- | --- | --- | --- |
| Compound and security fence for equipment listed below: | 50.0 | 50.0 | 24.0 | 2.0 |
| Solution mining wellhead | 1.0 | 1.0 | 2.0 | |
| Meter house | 2.5 | 3.0 | 2.5 | |
| Building or structure Part of work no.2A to 2U) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level of approximately 33-34 metres AOD) | Minimum height (metres above existing site level of approximately 33-34 metres AOD) |
| --- | --- | --- | --- | --- |
| Compound with security fence for equipment listed below: | 50.0 | 50.0 | 3.0 | 2.0 |
| Gas wellhead | 1.0 | 1.0 | 4.0 | |
| Control panel | 3.0 | 4.0 | 3.0 | |
| Glycol injection package | 3.0 | 4.0 | 4.0 | |
| Security lighting/camera | 1.0 (Diameter) | 5.5 | 3.0 | |
| Building or structure Part of work no.9) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level of approximately 30 metres AOD) | Minimum height (metres above existing site level of approximately 30 metres AOD) |
| --- | --- | --- | --- | --- |
| Pumping tank | 6.0 (Diameter) | 6.0 | ||
| Surge vessel (in bund) | 2.5 | 7.0 | 3.0 | |
| Building or structure Part of work no.11) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level of approximately 50 metres AOD) | Minimum height (metres above existing site level of approximately 50 metres AOD) |
| --- | --- | --- | --- | --- |
| Existing pumphouse (to be refurbished) | 10.0 | 12.0 | 4.0 | |
| Surge vessel | 1.5(Diameter) | 3.5 | 2.5 | |
| Transformer | 3.0 | 4.0 | 2.5 | |
| Building or structure Part of work no.10) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level of approximately 10.5 metres AOD) | Minimum height (metres above existing site level of approximately 10.5 metres AOD) |
| --- | --- | --- | --- | --- |
| Pipebridge with walkway | 5.0 | 50.0 | 15.5 | 18.0 |
| Brine discharge pipeline | 0.5(Diameter) | 600.0 | ||
| Diffuser pipe | 0.4(Diameter) | 15.0 | ||
| Building or structure Part of work no.12) | Maximum width (metres) | Maximum length (metres) | Maximum height (metres above existing site level of approximately 32metres AOD) | Minimum height (metres above existing site level of approximately 32 metres AOD) |
| --- | --- | --- | --- | --- |
| Compound with security fence for equipment listed below: | 50.0 | 60.0 | 3.0 | 2.4 |
| Pig trap area | 8.0 | 17.0 | 2.4 | |
| Control equipment kiosk | 3.0 | 4.0 | 2.4 | |
| Meter cabinet | 0.6 | 1.5 | 1.5 | |
| Security lighting/camera | 1.0(Diameter) | 6.0 | 3.0 |
Construction Environmental Management Plan
3
- (1) No part of the authorised development is to commence until a CEMP for that part has been submitted to and approved in writing by the relevant planning authority.
- (2) The CEMP submitted under sub-paragraph (1) must be in accordance with the draft CEMP.
- (3) The construction of the authorised development must be carried out in accordance with the CEMP approved under sub-paragraph (1).
- (4) The CEMP must include mitigation measures in accordance with those set out in chapters 7 to 14 inclusive, 18, 19 and 22 to 25 inclusive of the environmental statement.
- (5) The CEMP must incorporate the following plans and programmes–
- (a) landscaping and visual impacts plan;
- (b) surface and ground water management plan;
- (c) soil management plan;
- (d) sediment control plan;
- (e) site waste management plan;
- (f) biodiversity management plan;
- (g) noise and vibration management and monitoring plan;
- (h) air quality and dust management plan;
- (i) archaeological management plan;
- (j) traffic management plan;
- (k) lighting plan; and
- (l) construction phasing plan.
- (6) Each of the plans and programmes detailed in sub-paragraph (4)(a)-(l) must incorporate the following–
- (a) responsibilities;
- (b) consent requirements;
- (c) general control measures;
- (d) specific control measures;
- (e) monitoring and measurement; and
- (f) actions to be taken in the event of an emergency.
- (7) The CEMP must require adherence to working hours of 07:00 and 19:00 on Mondays to Fridays and 07:00 and 14:00 on Saturdays except for–
- (a) noisy construction operations which will take place between 08.00 and 18.00 on Mondays to Fridays and 08.00 to 14.00 on Saturdays; and
- (b) continuous construction operations, including–
- (i) drilling;
- (ii) weld testing or pipeline testing;
- (iii) concrete pour;
- (iv) commissioning; and
- (v) solution mining.
- (8) The CEMP must require that construction operations at the Runcorn site (Work No.10) shall take place between April and September except for limited scrub clearance activities which shall take place between August and September.
Approval of details
4
- (1) No part of the authorised development may be commenced until the following details have been submitted to and approved in writing by the relevant planning authority–
- (a) details of the siting and size of–
- (i) each wellhead compound (Work Nos 2A to 2U);
- (ii) the solution mining compound (Work No.4);
- (iii) the fenced compound and connection to the national transmission system (Work No.12);
- (iv) the gas processing plant (Work No.14);
- (v) the office, control and maintenance building (Work No.15);
- (vi) the construction and laydown areas (Work No.16);
- (vii) the gas marshalling compounds (Work Nos 20-21);
- (viii) the electrical compound (Work No.23); and
- (ix) the substation compound (Work No.25).
- (b) details of the design and external appearance of any buildings or structures 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 compound 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 compound;
- (e) details of any fencing to be erected; and
- (f) details of any operational lighting to include 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.
Control of noise during solution mining and gas operation
5
- (1) Operation of the authorised development must not begin until a written scheme for noise management including monitoring and attenuation of the authorised development has been submitted to and approved in writing by the relevant planning authority.
- (2) The scheme for noise management submitted in accordance with sub-paragraph (1) must require that the site-attributable noise during solution mining and gas operation shall not exceed a rating free-field noise level equivalent to the daytime and night-time background noise levels for each noise sensitive receptor detailed in Table 9.9 and Section 18.5.2 of the Environmental Statement (Document Ref. 6.1) with exception of the noise sensitive receptors set out in Table 12 below.
| Receptor | Night-Time dB LA90 | Maximum Permissible Daytime Operational Free-field Rating Noise Levels dBLAeq1hour (07.00 – 23.00) | Maximum Permissible Night-Time Operational Free-field Rating Noise Levels dBLAeq15 mins (23.00-07.00) |
|---|---|---|---|
| 3 – Drakelow Farm | 32 | 34 | 34 |
| 4 – Halfway House | 32 | 33 | 33 |
| 7 – Brownhayes Farm | 30 | 37 | 37 |
| 8 – Drakelow Hall Farm | 31 | 32 | 32 |
| 10 – Drakelow Gorse Farm | 30 | 33 | 33 |
| 14 – Newholme Farm | 31 | 33 | 33 |
- (3) The undertaker must implement the schemes for noise management approved in accordance with sub-paragraph (1).
Landscaping
6
- (1) No part of the authorised development may be commenced until a landscape scheme has been submitted to and approved in writing by the relevant planning authority for that part. The scheme must include–
- (a) location, number, species, size and planting density of any proposed planting;
- (b) cultivation and other operations to ensure plant establishment;
- (c) proposed finished ground levels;
- (d) a requirement that the height of soil bunds must not exceed 3 metres;
- (e) a requirement that topsoil and subsoil must not be imported to or exported from the site except for contaminated soil found on site that must be exported to a site permitted to accept it;
- (f) hard surfacing materials;
- (g) details of existing trees to be retained, with measures for their protection during the construction period; and
- (h) implementation timetables for all landscaping works.
- (2) The landscape scheme submitted under sub-paragraph (1) must be in accordance with the landscaping plans.
- (3) All landscaping must be carried out in accordance with the landscape scheme approved under requirement 6(1).
- (4) All landscaping carried out in accordance with requirement 6(3) must be maintained by the undertaker for the lifetime of the authorised development.
- (5) Any tree or shrub planted as part of the 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.
- (6) In the event of a brine leakage, a soil and landscaping scheme detailing those habitats, trees, shrubs or hedgerows damaged, together with remedial measures proposed, shall within a period of three months of the leak’s detection be submitted to and approved in writing by the relevant planning authority. The approved scheme shall be undertaken during the following planting season and maintained by the undertaker for the lifetime of the authorised development.
Accesses to works
7
- (1) No part of the authorised development may be commenced until written details of the siting, design and layout of any new permanent or temporary means of access to a highway for that part has been submitted to and approved in writing by the relevant planning authority.
- (2) The highway accesses must be constructed in accordance with the approved details.
Construction traffic
8
At the highway access to King Street (A530) comprised in Work No.7, notices must be erected prior to the start of construction of the authorised development and maintained throughout the period of construction, indicating to drivers the required route for traffic entering and leaving the site during the period of construction as shown on the routing plan.
Limits on heavy goods vehicle movements
9
- (1) The maximum number of heavy goods vehicle movements to and from the authorised development must not exceed 80 per day (40 in and 40 out).
- (2) The number of heavy goods vehicles which enter the authorised development must be recorded by the site operator. These records must be available for inspection at the site office and a copy of these records must 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.
Internal roads
10
The access road comprised in Work No.7 must, throughout the construction and use of the authorised development, be metalled and drained and kept clear of debris along its entire length at all times.
Fencing and other means of enclosure
11
- (1) No part of the authorised development may be commenced until written details of all temporary and permanent fences or other means of enclosure required for the construction and or use of that part have been submitted to and approved in writing by the relevant planning authority.
- (2) Any temporary fencing must be removed on completion of construction of the authorised development.
- (3) Any approved permanent fencing comprised in the authorised development must be completed before those works are brought into use.
Ground and surface water and pollution prevention
12
- (1) No part of the authorised development may be commenced until written details of the surface and foul water drainage system (including means of pollution control) for that part have, after consultation with the sewerage and drainage authority, been submitted to and approved in writing 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 part of the authorised development involving the diversion of any stream or watercourse may commence until a scheme and programme for that part for its diversion has been submitted to and, after consultation 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) above, throughout the period of construction, operation, decommissioning, restoration and aftercare of the authorised development, all ditches, watercourse, field drainage systems and culverts must 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 must be stored on a base impervious to both oil and water and surrounded by an impermeable bund wall. The bunded area must 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.
Hedgerows
13
No part of the authorised development is to commence until written details of any hedgerows to be removed during construction of that part have been submitted to and approved in writing by the relevant planning authority.
Land Contamination
14
- (1) No part of authorised development comprised in Work No.10 may commence until a written scheme (which may be included in the CEMP) to deal with the contamination of any land, including groundwater, identified in the investigation and assessment report prepared under sub-paragraph (2) as likely to cause significant harm to persons or significant pollution of controlled waters or ground waters or the environment has been submitted to and approved by the relevant planning authority.
- (2) The scheme must include an investigation and assessment report, prepared by a specialist consultant approved by the relevant planning authority, to identify the extent of any contamination and a remediation strategy identifying the remedial measures to be taken, if required, to render the land fit for its intended purpose, and a verification plan outlining how achieving the remedial objectives will be demonstrated.
- (3) Remediation, if required, must be carried out in accordance with the scheme approved under sub-paragraph (1).
- (4) A verification report demonstrating completion of any remediation works and the effectiveness of the remediation must be submitted to and approved in writing by the local planning authority.
Archaeology
15
- (1) No part of the authorised development may be commenced until for that part, a written scheme for the investigation of areas of archaeological interest has been submitted to and approved in writing by the relevant planning authority.
- (2) The written scheme of investigation must 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. Any archaeological works or watching brief must be carried out in accordance with the approved archaeological scheme.
External lighting
16
No use of the authorised development may be commenced until written details of the permanent operational external lighting to be installed as part of Works No .14, including measures to prevent light spillage, have 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 operation of the authorised development.
Restoration scheme
17
- (1) Upon the permanent cessation of use of the authorised development or, in any event, by not later than forty-nine years after the start of use of the authorised development, whichever is the earlier, a scheme of restoration and aftercare must be submitted for approval in writing by the relevant planning authority.
- (2) The scheme must include—
- (a) any proposed future uses for the relevant authorised development site;
- (b) details of structures and buildings to be demolished and retained;
- (c) details of the means of removal of materials of demolition;
- (d) phasing of demolition and removal;
- (e) details for the remediation of ponding; and
- (f) details of restoration works and phasing thereof.
- (3) The approved scheme must be implemented in full by not later than 24 months after the date of the relevant planning authority’s written approval.
Decommissioning
18
- (1) Subject to sub-paragraph (2), in the event that no gas is stored within any of the cavities within a period of 10 years following the completion of all solution mining works comprising part of the authorised development, a scheme detailing the appropriate measures for decommissioning of the authorised development must be submitted to the relevant planning authority for approval.
- (2) Not later than ten years after the start of use of the authorised development a scheme detailing the appropriate measures for decommissioning of the pipe bridge and diffuser forming part of Work No.10 must be submitted to the relevant planning authority for approval.
- (3) A scheme approved under sub-paragraph 17(1) or 17(2) must be implemented in full within 24 months of its approval by the relevant planning authority.
Requirement for written approval
19
Where under any of the above requirements the approval or agreement of the relevant planning authority is required that approval or agreement must be given in writing and not unreasonably withheld.
Amendments to approved details
20
- (1) With respect to the parameters specified in requirement 2 and any other plans, details or schemes which require approval by the relevant planning authority pursuant to any other requirement (the “Approved Plans, Parameters, Details or Schemes”), the undertaker may submit to the relevant planning authority for approval any amendments to the Approved Plans, Parameters, Details or Schemes and following any such approval by the relevant planning authority the Approved Plans, Parameters, Details or Schemes are to be taken to include the amendments approved pursuant to this sub-paragraph.
- (2) Approval under sub-paragraph (1) for amendments to the parameters identified in requirement 2 above must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority that the subject-matter of the approval sought does not give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved (as identified in the environmental statement).
European protected species
21
- (1) No part of authorised development shall commence until final pre-construction survey work has been carried out to establish whether a European protected species is present on any of the land affected, or likely to be affected, by that part or in any of the trees and shrubs to be lopped or felled during construction of that part.
- (2) Where a European protected species is shown to be present, the relevant part of the authorised development shall not begin until, after consultation with Natural England and the relevant planning authority, a scheme of protection and mitigation measures has been submitted to and approved in writing by the relevant planning authority.
- (3) Unless otherwise agreed in writing by the relevant planning authority after consultation with Natural England, the undertaker shall implement the protection and mitigation measures approved under sub-paragraph (2).
- (4) In this requirement European protected species has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017.
Conveyance of gas, water and brine
22
Save for potable water, fluids used for drilling operations and waste process fluids from the gas processing plant, all natural gas, water and brine for use in, stored within or produced by the authorised development must be conveyed to and from the authorised development only by pipeline.
Environmental management system for normal operation
23
The authorised development may not be used for gas storage until the undertaker has implemented an environmental management system compliant with ISO 14001 or an equivalent recognised standard.
Control of radio emissions
24
- (1) No part of the authorised development shall be commenced until a control of radio emissions plan has been submitted to and approved in writing by the relevant planning authority, after consultation with the University of Manchester, (a Royal Charter corporation registered under number RC000797), of Oxford Road, Manchester, M13 9PL.
- (2) The control of radio emissions plan must include a scheme to ensure that the authorised development operates at all times so the total radiated power emitted from the gas processing plant, Work No 14, does not exceed the following limits, integrated across the total bandwidths in Table 13 below.
| Centre Frequency in MHz | Bandwidth in MHz | Limit from ITU-R 769 (Table 1) in dBW | Path loss in dB | Effective Isotropic Radiated Power in specified bandwidth in dBW |
|---|---|---|---|---|
| 151.525 | 2.95 | -199 | 115.8 | -83.2 |
| 325.3 | 6.6 | -201 | 122.4 | -78.6 |
| 408.05 | 3.9 | -203 | 124.4 | -78.6 |
| 611 | 6 | -202 | 127.9 | -74.1 |
| 1413.5 | 27 | -205 | 135.2 | -69.8 |
| 1665 | 10 | -207 | 136.6 | -70.4 |
| 2695 | 10 | -207 | 140.8 | -66.2 |
| 4995 | 10 | -207 | 146.2 | -60.8 |
- (3) The control of radio emissions plan shall also include the following—
- (a) a scheme to establish and operate a liaison forum between the undertaker, the relevant planning authority and the University of Manchester, to meet at least annually to discuss and to seek, without prejudice to any enforcement powers held by the planning authority, the resolution of any issues raised by any party relating to the effect of radio emissions from the authorised development;
- (b) a scheme to secure the testing of equipment and plant prior to the commencement of operations at the gas processing plant, Work No 14, so as to ensure compliance with sub-paragraph (2);
- (c) a scheme to secure any mitigation measures which are required to ensure compliance with sub-paragraph (2); and
- (d) a scheme to secure the monitoring of radio emissions to demonstrate compliance with sub-paragraph (2) during the normal operation of equipment and plant at the gas processing plant, Work No 14, including provision for reporting to the relevant planning authority and the University of Manchester on an annual basis and on reasonable request.
- (4) The undertaker must—
- (a) implement the control of radio emissions plan and associated schemes approved in accordance with sub-paragraphs (2) and (3); and
- (b) ensure that the authorised development operates at all times in accordance with the limits in sub-paragraph (2).
SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS
| (1) Area | (2) Subject to street works |
|---|---|
| County of Cheshire, District of Cheshire West and Chester | Yatehouse Lane For the purposes of Works Nos 5A, 5B, 5C, 5D, 6, 19B and 22. (drawing nos. 13-03-01/HOL/24/324, 325, 326) Where crossed by the authorised development within the Order limits. |
| County of Cheshire District of Cheshire West and Chester | Drakelow Lane For the purposes of Work Nos: 5A, 5B, 5C, 5D, 6, 22, 28B, 29A and 29B. (drawing nos.13-03-01/HOL/24/322, 323) Where crossed by the authorised development within the Order limits. |
| County of Cheshire District of Cheshire West and Chester | Rudheath RB7 For the purposes of Work Nos: 5A, 5B, 5C, 5D, 6, 22, 26, 28B, 29A and 29B. (drawing nos. 13-03-01/HOL/24/322 and 327) Where crossed by the authorised development within the Order limits. |
SCHEDULE 4 — STREETS SUBJECT TO ALTERATION OF LAYOUT
| (1) Area | (2) Street subject to alteration of layout | (3) Description of alteration |
|---|---|---|
| County of Cheshire, District of Cheshire West and Chester | Yatehouse Lane | Formation of permanent gated highway access with visibility splay including, removal of hedgerow, altering of carriageway alignment and verge for the purpose of Work No.6 and optional change to bellmouth of existing access point (drawing No.13-03-01/HOL/24/407). |
| County of Cheshire, District of Cheshire West and Chester | Drakelow Lane | Formation of two new gated highway accesses with visibility splay including removal of hedgerow, altering of carriageway alignment and verge for the purpose of Work No.6 (drawing No.13-03-01/HOL/24/408). |
SCHEDULE 5 — STREETS AND RIGHT OF WAY TO BE TEMPORARILY STOPPED UP
| (1) Area | (2) Street to be temporarily stopped up | (3) Extent of temporary stopping up |
|---|---|---|
| County of Cheshire, District of Cheshire West and Cheshire | Yatehouse Lane | For the purposes of Works Nos: 5A, 5B, 5C, 5D, 6, 19B. |
| County of Cheshire, District of Cheshire West and Cheshire | Yatehouse Lane | For a distance of 168m measured between points 5 and 6 on the street works and access plan (see drawing No.13-03-01/HOL/24/413). |
| County of Cheshire, District of Cheshire West and Cheshire | Yatehouse Lane | For a distance of 126m measured between points 7 and 8 on the street works and access plan (See drawing No.13-03-01/HOL/24/413. |
| County of Cheshire, District of Cheshire West and Cheshire | Yatehouse Lane | For a distance of 120m measured between points 9 and 10 on the street works and access plan (see drawing No.13-03-01/HOL/24/413). |
| County of Cheshire, District of Cheshire West and Cheshire | Drakelow Lane | For the purposes of Work Nos: 5A, 5B, 5C, 5D, 6, 22, 28B, 29A and 29B |
| County of Cheshire, District of Cheshire West and Cheshire | Drakelow Lane | For a distance of 54m measured between points 1 and 2 on the street works and access plan (see drawing No.13-03-01/HOL/24/413). |
| County of Cheshire, District of Cheshire West and Cheshire | Drakelow Lane | For a distance of 152m measured between points 3 and 4 on the street works and access plan (see drawing No.13-03-01/HOL/24/413). |
| County of Cheshire, District of Cheshire West and Cheshire | Restricted Byway (RB7) | For the purposes of Work Nos:5A, 5B, 5C, 5D, 6, 22, 26, 28B, 29A and 29B- Rudheath RB7 – temporary stopping up of 195m, as shown on drawing No.13-03-01/HOL/24/327. |
SCHEDULE 6 — ACCESS TO WORKS
| (1) Area | (2) Description of access |
|---|---|
| County of Cheshire, District of Cheshire West and Chester | Holford, site private road access/egress and crossing of Yatehouse Lane formed within Work No.6. Access to site access road from Yatehouse Lane and crossing of Yatehouse Lane and egress from the site private access road to Yatehouse Lane as shown on the streets and access plan between points 5 and 6 (see drawing No.13-03-01/HOL/24/413). |
| Holford, site private road access/egress and crossing of Drakelow Lane formed within Work No.6. Access to private access from Drakelow Lane and crossing of Drakelow Lane and egress from the site private access road to Drakelow Lane as shown on the streets and access plan between points 3 and 4. (see drawing No.13-03-01/HOL/24/413). |
SCHEDULE 7 — TEMPORARY CLOSURE AND WORKS IN THE CANAL
| (1) Area | (2) Land affected | (3) Purpose of temporary closure |
|---|---|---|
| The Borough of Halton, County of Cheshire | The area of the Weaver Navigation Canal as shown hatched in black on drawing No.13-03-01/HOL/24/236 | For the purposes of Work No.10 as set out in Schedule 1. |
SCHEDULE 8 — LAND OF WHICH TEMPORARY POSSESSION MAYBE TAKEN
| (1) Area | (2) Number of land shown on land plan | (3) Purpose for which temporary possession maybe taken | (4) Relevant part of the authorised development |
|---|---|---|---|
| District of Cheshire West and Chester County of Cheshire | 1.04 to 1.19 | Construction and carrying out of the authorised development, including; provision of wellhead compounds for storage of equipment; provision of pipeline, cable and site access road networks; worksite; landscaping; and access for these same purposes. | Work Nos: 2U, 2T, 2S, 5A, 5B, 5C, 5D, 6, 22 and 35 |
| District of Cheshire West and Chester County of Cheshire | 2.04 to 2.16 | Construction and carrying out of the authorised development, including; provision of wellhead compounds for storage of equipment; provision of pipeline cable and site access road networks; worksite; landscaping; and access for these same purposes. | Work Nos: 2P, 2Q, 2R, 5A, 5B, 5C, 5D, 6, 22, 31, 34 and 35 |
| District of Cheshire West and Chester County of Cheshire | 3.03 to 3.11 | Construction and carrying out of the authorised development, including; provision of wellhead compounds for storage of equipment; provision of pipeline cable and site access road networks; worksite; landscaping; and access for these same purposes. | Work Nos: 2M, 2N, 5A, 5B, 5C, 5D, 6, 22 and 35 |
| District of Cheshire West and Chester County of Cheshire | 4.02 to 4.06 | Construction and carrying out of the authorised development, including; provision of wellhead compounds for storage of equipment; provision of pipeline cable and site access road networks; worksite; landscaping; and access for these same purposes. | Work Nos: 2K, 5A, 5B, 5C, 5D, 6, 22 and 35 |
| District of Cheshire West and Chester County of Cheshire | 5.01 | Construction and carrying out of the authorised development, including; provision and fit-out of gas marshalling compound; provision of pipeline, cable and site access road networks; diversion of overhead power lines; worksite; and access for these same purposes. | Work Nos: 5A, 5B, 5C, 5D, 6, 19B and 22 |
SCHEDULE 9 — PROTECTIVE PROVISIONS
PART 1 — FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
Application
1
For the protection of the undertaker referred to in this Part of this Schedule the following provisions will, unless otherwise agreed in writing between the promoter and the undertaker, have effect.
Interpretation
2
In this Part of this Schedule—
- “acceptable credit provider” means a bank or financial institution with a credit rating that is not lower than “A-” if the rating is assigned by Standard & Poor’s Ratings Group or Fitch Ratings, or “A3” if the rating is assigned by Moody’s Investors Services Inc.;
- “acceptable insurance” means a third party liability insurance effected and maintained by the promoter with a limit of indemnity of not less than £25,000,000 (Twenty-Five Million Pounds) per occurrence or series of occurrences arising out of one event. Such insurance must be maintained for the construction period of the authorised works which constitute specified works and arranged with an internationally recognised insurer of repute operating in the London and worldwide insurance market underwriters whose security/credit rating meets the same requirements as an “acceptable credit provider”. Such policy must include (but is not limited to )—National Grid Electricity Transmission Plc and National Grid Gas Plc as a Co-Insured;a cross liabilities clause; andcontractors’ pollution liability for third party property damage and third party bodily damage arising from a pollution/contamination event with cover of £10,000,000 (Ten Million Pounds) per event or £20,000,000 (Twenty Million Pounds) in aggregate;
- “acceptable security”means either—a parent company guarantee from a parent company in favour of National Grid Electricity Transmission Plc and National Grid Gas Plc to cover the promoter’s liability to National Grid Electricity Transmission Plc and National Grid Gas Plc to a cap of not less than £10,000,000 (Ten Million Pounds) per asset per event up to a total liability cap of £25,000,000 (Twenty-Five Million Pounds) (in a form reasonably satisfactory to the undertaker and where required by the undertaker, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee); ora bank bond or letter of credit from an acceptable credit provider in favour of National Grid Electricity Transmission Plc and National Grid Gas Plc to cover the promoter’s liability to National Grid Electricity Transmission Plc and National Grid Gas Plc for an amount of not less than £10,000,000 (Ten Million Pounds) per asset per event up to a total liability cap of £25,000,000 (Twenty-Five Million Pounds) (in a form reasonably satisfactory to the undertaker);
- “alternative apparatus” means appropriate alternative apparatus to the satisfaction of the undertaker to enable the undertaker to fulfil its statutory functions in a manner no less efficient than previously;
- “apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant as defined in the Electricity Act 1989[^f00026], belonging to or maintained by that undertaker;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply,together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of the undertaker for the purposes of transmission, distribution and/or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;
- “authorised works” has the same meaning as is given to the term “authorised development” in article 2 of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Part of this Schedule;
- “commence” has the same meaning as in article 2 of this Order and commencement shall be construed to have the same meaning;
- “deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary and/or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;
- “functions” includes powers and duties;
- “ground mitigation scheme” means a scheme approved by the undertaker (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;
- “ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the promoter to submit for the undertaker’s approval a ground mitigation scheme;
- “ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;
- “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
- “maintain” and “maintenance” shall include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of the undertaker including construct, use, repair, alter, inspect, renew or remove the apparatus
- “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;
- “parent company” means a parent company of the promoter acceptable to and which shall have been approved by the undertaker acting reasonably
- “promoter” means the undertaker as defined in article 2 of this Order;
- “specified works” means any of the authorised works or activities undertaken in association with the authorised works which—will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the promoter under paragraph 7(2) or otherwise;may in any way adversely affect any apparatus the removal of which has not been required by the promoter under paragraph 7(2) or otherwise; and/orinclude any of the activities that are referred to in paragraph 8 of T/SP/SSW/22 (the undertaker’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW/22”; and
- “undertaker” means, as appropriate, National Grid Electricity Transmission Plc and National Grid Gas Plc in their capacity as—an electricity undertaker, being a licence holder within the meaning of Part 1 of the Electricity Act 1989; anda gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00027].
3
Except for paragraphs 4 (apparatus in stopped up streets), 9 (retained apparatus: protection of Gas Undertakers), 11 (expenses) and 12 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of the undertaker, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the promoter and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.
Apparatus of undertakers in stopped up streets
4
- (1) Without prejudice to the generality of any other protection afforded to the undertaker elsewhere in the Order, where any street is stopped up under the Order, if the undertaker has any apparatus in the street or accessed via that street the undertaker will be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the promoter will grant to the undertaker, or will procure the granting to the undertaker of, legal easements reasonably satisfactory to the specified undertaker in respect of such apparatus and access to it prior to the stopping up of any such street or highway.
- (2) Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 13 (temporary prohibition or restriction of use of streets), an undertaker will be at liberty at all times to take all necessary access across any such stopped up highway and/or to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.
Protective works to buildings
5
- (1) The promoter, in the case of the powers conferred by article 17 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of the undertaker and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of the undertaker or any interruption in the supply of electricity and/or gas, as the case may be, by the undertaker is caused, the promoter must bear and pay on demand the cost reasonably incurred by the undertaker in making good such damage or restoring the supply; and, subject to sub-paragraph (2), shall—
- (a) pay compensation to the undertaker for any loss sustained by it; and
- (b) indemnify the undertaker against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by that undertaker, by reason of any such damage or interruption.
- (2) Nothing in this paragraph imposes any liability on the promoter with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of an undertaker or its contractors or workmen; and the undertaker will give to the promoter reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made by the undertaker, save in respect of any payment required under a statutory compensation scheme, without first consulting the promoter and giving the promoter an opportunity to make representations as to the claim or demand.
Acquisition of land
6
- (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the promoter may not acquire any land interest or apparatus or override any easement and/or other interest of the undertaker otherwise than by agreement.
- (2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between the undertaker and the promoter) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement and/or other legal or land interest of the undertaker and/or affects the provisions of any enactment or agreement regulating the relations between the undertaker and the promoter in respect of any apparatus laid or erected in land belonging to or secured by the promoter, the promoter must as the undertaker reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between the undertaker and the promoter acting reasonably and which must be no less favourable on the whole to the undertaker unless otherwise agreed by the undertaker, and it will be the responsibility of the promoter to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.
- (3) The promoter and the undertaker agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by the undertaker and/or other enactments relied upon by the undertaker as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule shall prevail.
- (4) Any agreement or consent granted by the undertaker under paragraphs 9 or 10 or any other paragraph of this Part of this Schedule shall not be taken to constitute agreement under paragraph 6.
Removal of apparatus
7
- (1) If, in the exercise of the agreement reached in accordance with paragraph 6 or in any other authorised manner, the promoter acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of an undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of the undertaker in question in accordance with sub-paragraphs (2) to (5) inclusive.
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