Legalize / United Kingdom / Statutory-Instrument

The Drax Power (Generating Stations) Order 2019

Type Statutory-Instrument

Publication 2019-10-04

Last updated 2020-08-19

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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“public utility undertaker” has the same meaning as in the 1980 Act.

Compulsory acquisition of land – incorporation of the mineral code

33

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated into this Order subject to the modifications that—

(a) paragraph 8(3) is not incorporated; and

(b) for “the acquiring authority” substitute “ the undertaker ”.

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

34

(1) The undertaker may fell or lop any tree or shrub near any part of the authorised development or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development;

(b) from constituting a danger to persons using the authorised development; or

(c) from obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development.

(2) In carrying out any activity authorised by paragraph (1) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

(4) The undertaker may, for the purposes of the authorised development subject to paragraph (2) remove any hedgerows within the Order limits that may be required for the purposes of carrying out the authorised development.

(5) The undertaker may not pursuant to paragraph (1) or (4) fell or lop a tree or remove hedgerows within the extent of the publicly maintainable highway without the prior consent of the highway authority.

(6) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997 .

Protective works to buildings

35

(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building lying within the Order limits as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or

(b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of five years beginning with—

(i) in respect of stage 1, completion of stage 1; and

(ii) in respect of stage 2, completion of stage 2.

(3) For the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage.

(4) For the purpose of carrying out protective works under this article to a building the undertaker may (subject to paragraphs (5) and (6))—

(a) enter the building and any land within its curtilage; and

(b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

(a) a right under paragraph (1) to carry out protective works to a building;

(b) a right under paragraph (3) to enter a building and land within its curtilage;

(d) a right under paragraph (4)(b) to enter land,

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than fourteen days' notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (5)(c) or (5)(d) the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of ten days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 43 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8) Where—

(a) protective works are carried out under this article to a building; and

(b) within the period of five years beginning with the date of completion of the part of the authorised development carried out in the vicinity of the building it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development,

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 10(2) of the 1965 Act (compensation for injurious affection).

(10) Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under Part 1 of the 1961 Act.

(11) In this article “protective works” in relation to a building means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development; and

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development.

PART 7 — MISCELLANEOUS AND GENERAL

Protective provisions

36

Schedule 12 (protective provisions) has effect.

Application of landlord and tenant law

37

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person's use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act

38

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as operational land).

Defence to proceedings in respect of statutory nuisance

39

(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (c), (d), (e), (fb), (g) or (h) of section 79(1) of that Act (statutory nuisances and inspections therefor) no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 ; or

(b) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Certification of plans etc.

40

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans listed in the table in Schedule 14 (documents and plans to be certified) for certification that they are true copies of the documents referred to in this Order.

(2) A plan or document so certified is to be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

41

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978 (references to service by post) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at that time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by the description of “owner”, or as the case may be “occupier” of the land (describing it); and

(b) either leaving it in the hands of the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of an electronic transmission by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

Procedure in relation to certain approvals etc.

42

(1) Where an application is made to or request is made of any authority or body named in any of the provisions of this Order for any consent, agreement or approval required or contemplated by any of the provisions of the Order, such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed.

(2) Schedule 11 (procedure for discharge) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to any provision of this Order.

Arbitration

43

Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the Secretary of State.

Guarantees in respect of payment of compensation

44

(1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either—

(a) a guarantee, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or

(b) an alternative form of security, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2).

(2) The provisions are—

(a) article 19 (compulsory acquisition of land);

(b) article 22 (compulsory acquisition of rights etc.);

(d) article 27 (rights under or over streets);

(e) article 28 (temporary use of land for carrying out the authorised development);

(f) article 29 (temporary use of land for maintaining the authorised development); and

(g) article 30 (statutory undertakers).

(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the County of North Yorkshire and the District of Selby a nationally significant infrastructure project as defined in sections 14(1)(a) and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act all as set out in this Schedule.

The nationally significant infrastructure project comprises up to four generating stations with a combined gross electrical output capacity of up to 3,800 megawatts comprising all or any of the work numbers in this Schedule or any part of any work number in this Schedule—

Work No. 1– an electricity generating station (Unit X) fuelled by natural gas and with a gross electrical output capacity of up to 1,800 megawatts including—

(a) Work No. 1A– a gas generating unit comprising—

(i) up to two gas turbines able to operate in both combined cycle and open cycle modes;

(ii) one turbine hall building for the gas turbines within this Work;

(iii) up to two heat recovery steam generators;

(iv) up to two heat recovery steam generator buildings and up to two exhaust gas emission flue stacks for the heat recovery steam generators within this Work;

(v) up to two bypass stacks;

(vi) transformers;

(vii) gas turbine air inlet filter house;

(viii) power control centre;

(ix) feed water pump house building;

(x) water supply and pipelines;

(xi) water storage tanks and pipelines;

(xii) emergency diesel generator and diesel fuel tank for safe shut-down of the plant;

(xiii) switch gear and ancillary equipment;

(xiv) up to two turbine outage store buildings;

(xv) 400 kilovolt electrical underground cables and telemetry and electrical protection auxiliary cabling connecting to Work No. 4A; and

(xvi) a new main fuel gas station comprising up to two individual fuel gas stations comprising for each—

(aa) a gas receiving area;

(bb) gas treatment and control facilities including filters, preheating and liquid collection tanks; and

(cc) other auxiliary control cabinets.

(b) Work No. 1B

(i) a new main pipe rack carrying main steam and condensate, and auxiliary cabling and pipework between the heat recovery steam generators and the existing steam turbine;

(ii) piling for foundations to accommodate the pipe rack including in connection with the pipe rack comprising part of Work No. 2B; and

(iii) modifications to the existing steam turbine, generating plant and turbine hall building.

(d) Work No. 1D– in connection with and in addition to Work Nos. 1A, 1B and 1C—

(i) works connecting Work Nos. 1A, 1B and 1C to existing equipment and utilities;

(ii) ground raising and ground preparation works;

(iii) site lighting infrastructure, including perimeter lighting columns;

(iv) internal roadways, car parking, pedestrian network, cycle parking and hardstanding;

(v) site drainage and waste management infrastructure, including relocation of existing infrastructure as required;

(vi) electricity (including a 132 kilovolt electricity cable across New Road connecting Work No. 1A to Work No.5), water, wastewater and telecommunications and other services; and

(vii) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

Work No. 2– an electricity generating station (Unit Y) fuelled by natural gas and with a gross electrical output capacity of up to 1,800 megawatts including—

(a) Work No. 2A– a gas generating unit comprising—

(i) up to two gas turbines able to operate in both combined cycle and open cycle modes;

(ii) one turbine hall building for the gas turbines within this Work;

(iii) up to two heat recovery steam generators;

(iv) up to two heat recovery steam generator buildings and up to two exhaust gas emission flue stacks for the heat recovery steam generators within this Work;

(v) up to two bypass stacks;

(vi) transformers;

(vii) gas turbine air inlet filter house;

(viii) power control centre;

(ix) feed water pump house building;

(x) water supply and pipelines;

(xi) water storage tanks and pipelines;

(xii) emergency diesel generator and diesel fuel tank for safe shut-down of the plant;

(xiii) switch gear and ancillary equipment;

(xiv) 400 kilovolt electrical underground cables and telemetry and electrical protection auxiliary cabling connecting to Work No. 4B; and

(xv) a new main fuel gas station comprising up to two individual fuel gas stations comprising for each—

(aa) a gas receiving area;

(bb) gas treatment and control facilities including filters, preheating and liquid collection tanks; and

(cc) other auxiliary control cabinets.

(b) Work No. 2B

(i) a new main pipe rack and extension to the pipe rack in Work No. 1B carrying main steam and condensate, and auxiliary cabling and pipework, between the heat recovery steam generators and the existing steam turbine; and

(ii) modifications to the existing steam turbine, generating plant and turbine hall building.

(c) Work No. 2C– a new underground gas pipeline across New Road connecting Work No. 2A to Work No. 5 or infrastructure to connect the underground gas pipeline constructed in Work No. 1C to Work No. 2A and Work No. 5.

(d) Work No. 2D– in connection with and in addition to Work Nos. 2A, 2B and 2C—

(i) works connecting Work Nos. 2A, 2B and 2C to existing equipment and utilities;

(ii) ground raising and ground preparation works;

(iii) site lighting infrastructure, including perimeter lighting columns;

(iv) internal roadways, car parking, pedestrian network, cycle parking and hardstanding;

(v) site drainage and waste management infrastructure, including relocation of existing infrastructure as required;

(vi) electricity, water, wastewater and telecommunications and other services; and

(vii) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

Work No. 3– up to two battery storage facilities including—

(a) Work No. 3A– one battery storage facility (in connection with Unit X) comprising—

(i) battery energy storage cells with converters;

(ii) a structure protecting the battery energy storage cells;

(iii) transformers;

(iv) switch gear and ancillary equipment;

(v) electrical underground cable connecting to Work No. 1A;

(vi) ground raising and ground preparation works;

(vii) a flood mitigation channel;

(viii) site lighting infrastructure, including lighting columns; and

(ix) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

(b) Work No. 3B– one battery storage facility (in connection with Unit Y) comprising—

(i) battery energy storage cells with converters;

(ii) a structure protecting the battery energy storage cells or infrastructure to include the battery energy storage cells in the structures within Work No.3A(ii);

(iii) transformers;

(iv) switch gear and ancillary equipment; and

(v) electrical underground cable connecting to Work No. 2A.

Work No. 4– new gas insulated switchgear banking buildings including—

(a) Work No. 4A (in connection with Unit X)—

(i) a building containing gas insulated switchgear and other associated switch gear and ancillary equipment;

(ii) a building containing control equipment;

(iii) up to three sets of cable sealing ends; and

(iv) ground raising and ground preparation works.

(b) Work No. 4B (in connection with Unit Y)—

(i) a building or an extension to the building in Work No. 4A containing gas insulated switchgear and other switch gear and ancillary equipment;

(ii) up to three sets of cable sealing ends; and

(iii) ground raising and ground preparation works.

Work No. 5– a natural gas receiving facility compound including—

(a) pipeline inspection gauge (PIG) trap receiving equipment;

(b) isolation valves, inline valves, metering, heat exchangers, filtering, pressure regulation equipment, pipework;

(d) emergency generator;

(e) electrical pre-heaters and electrical compressors housed in a building;

(f) up to two boiler houses with a total installed thermal input capacity of 7.2 megawatts and each with up to two stacks;

(g) control and instrumentation kiosks and associated wiring;

(h) creation of a permanent access from New Road including permanent road surface and kerb stones, signing and road markings works, drainage, car parking, fencing and other incidental works;

(i) security infrastructure, including cameras, lighting (including perimeter lighting columns), stock proof fencing and perimeter fencing;

(j) a new underground gas pipeline;

(k) external cooling system;

(l) ground raising and ground preparation works; and

(m) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

Work No. 6– above ground gas installation including—

(a) Work No. 6A—

(i) above ground installation (also referred to as a minimum offtake connection compound) containing a minimum offtake connection comprising remotely operable valves, control and instrumentation kiosks, pipework and electrical supply kiosks;

(ii) security infrastructure, including cameras, lighting (including perimeter lighting columns), stock proof fencing and perimeter fencing;

(iii) ground raising and ground preparation works;

(iv) site drainage including new outfall to Dickon Field Drain, new culvert and waste management infrastructure;

(v) electricity and telecommunications connections and other services;

(vi) underground gas pipeline connecting to Work No. 6B;

(vii) creation of a permanent access from Rusholme Lane including permanent road surface and kerb stones, signing and road markings works, car parking, drainage, fencing and other incidental works;

(viii) creation of a permanent access from the access in Work No.6A (vii) into the field to the south of Dickon Field Drain including permanent road surface and kerb stones, signing and road markings works, drainage, fencing and other incidental works;

(ix) creation of a culvert on Dickon Field Drain; and

(x) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

(b) Work No. 6B—

(i) above ground installation containing a pipeline inspection gauge (PIG) facility, comprising a PIG launching facility, emergency control valves, isolation valves, control and instrumentation kiosks, pipework and electricity supply kiosks;

(ii) security infrastructure, including cameras, lighting (including perimeter lighting columns), car parking, stock proof fencing and perimeter fencing;

(iii) ground raising and ground preparation works;

(iv) site drainage and waste management infrastructure;

(v) electricity and telecommunications connections and other services;

(vi) below ground sacrificial anode pit; and

(vii) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

(d) Work No. 6D– (in connection with Work No. 6B) temporary construction laydown area and creation of up to two construction access routes from Rusholme Lane.

Work No. 7– a gas pipeline including—

(a) Work No. 7A—

(i) an underground gas pipeline connection and telemetry cabling, 3km in length and up to 600 millimetres nominal diameter, connecting Work No. 5 to Work No. 6B;

(ii) pipeline field marker posts and cathodic protection test/transformer rectifier units;

(iii) below ground drainage works;

(iv) works required in order to protect existing utilities infrastructure;

(v) tree and hedge removal; and

(vi) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

(b) Work No. 7B– temporary construction laydown area for gas pipeline.

Work No. 8– electrical connections including—

(a) Work No. 8A (in connection with Unit X) – up to 400 kilovolt underground electrical connection between Work No. 4A and the existing 400 kilovolt National Grid substation busbars—

(i) electrical underground cables and telemetry and electrical protection auxiliary cabling;

(ii) one set of cable sealing ends;

(iii) insulated switchgear and overhead busbars;

(iv) trenching works;

(v) site drainage;

(vi) security and site lighting infrastructure, including cameras, perimeter fencing and lighting columns; and

(vii) hard and soft landscaping including ecological mitigation.

(b) Work No. 8B (in connection with Unit Y) – up to 400 kilovolt underground electrical connection between Work No. 4B and the existing 400 kilovolt National Grid substation busbars of either—

(i) electrical underground cables and telemetry and electrical protection auxiliary cabling;

(ii) one set of cable sealing ends;

(iii) insulated switchgear and overhead busbars;

(iv) trenching works;

(v) site drainage;

(vi) security and site lighting infrastructure, including cameras, perimeter fencing and lighting columns; and

(vii) hard and soft landscaping including ecological mitigation;

Or—

(viii) electrical underground cables and telemetry and electrical protection auxiliary cabling;

(ix) a 400 kilovolt cable sealing end compound—

(aa) one set of cable sealing ends;

(bb) air insulated switchgear and overhead busbars; and

(cc) overhead conductor gantry, overhead conductors and other plant and structures required to manage the transmission of electricity;

(x) trenching works;

(xi) site drainage;

(xii) security and site lighting infrastructure, including cameras, perimeter fencing and lighting columns; and

(xiii) hard and soft landscaping including ecological mitigation.

Work No. 9– temporary construction laydown areas including—

(a) Work No. 9A– temporary construction laydown area comprising—

(i) areas of hardstanding;

(ii) car parking;

(iii) pedestrian bridge including ducts for the carrying of electricity and other utility services;

(iv) site and welfare offices and workshops;

(v) security infrastructure, including cameras, perimeter fencing and lighting;

(vi) site drainage and waste management infrastructure (including sewerage); and

(vii) electricity, water, waste water and telecommunications connections.

(b) Work No. 9B – a temporary construction laydown area comprising—

(i) areas of hardstanding;

(ii) security infrastructure, including cameras, perimeter fencing and lighting;

(iii) up to two means of access;

(iv) site drainage and waste management infrastructure (including sewerage);

(v) car parking; and

(vi) electricity, water, waste water and telecommunications connections.

Work No. 10– carbon capture readiness comprising—

(a) Work No. 10A– carbon capture readiness reserve space;

(b) Work No. 10B– diversions for public rights of way 35.47/1/1 and 35.47/6/1; and

(c) Work No. 10C– hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

Work No. 11– retained and enhanced landscaping including—

(a) soft landscaping including planting;

(b) landscape and biodiversity enhancement measures; and

Work No. 12– decommissioning and demolition of sludge lagoons and construction of replacement sludge lagoons including—

(a) Work No. 12A (in connection with Unit X)—

(i) decommissioning and demolition of one existing sludge lagoon; and

(ii) reinstatement of one existing out of service sludge lagoon comprising—

(aa) bund walls;

(bb) underground pipework, valves and sluices; and

(cc) access roads.

(b) Work No. 12B (in connection with Unit Y)—

(i) decommissioning and demolition of 2 existing sludge lagoons; and

(ii) construction of up to two new sludge lagoons comprising—

(aa) bund walls;

(bb) underground pipework, valves and sluices; and

(cc) access roads.

Work No. 13– removal of existing 132 kilovolt overhead line and removal of two 132 kilovolt pylons and foundations.

Work No. 14 – construction of temporary passing place on Rusholme Lane.

In connection with and in addition to Work Nos. 1 to 14, further associated development including—

(a) surface water drainage systems, storm water attenuation systems including storage basins, oil water separators, including channelling and culverting and works to existing drainage systems;

(b) electrical, gas, water, foul water drainage and telecommunications infrastructure connections and works to, and works to alter the position of, such services and utilities connections;

(d) biodiversity measures;

(e) closed circuit television cameras and columns and other security measures;

(f) site establishments and preparation works including site clearance (including vegetation removal, demolition of existing buildings and structures); earthworks (including soil stripping and storage and site levelling) and excavations; the alteration of the position of services and utilities; and works for the protection of buildings and land;

(g) temporary construction laydown areas and contractor facilities, including materials and plant storage and laydown areas; generators; concrete batching facilities; vehicle and cycle parking facilities; pedestrian and cycle routes and facilities; offices and staff welfare facilities; security fencing and gates; external lighting; roadways and haul routes; wheel wash facilities; and signage;

(h) vehicle parking and cycle storage facilities;

(i) accesses, roads and pedestrian and cycle routes;

(j) tunnelling, boring and drilling works,

and further associated development comprising such other works or operations as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the authorised development but only within the Order limits and insofar as they are unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

Interpretation

1

In this Schedule—

“construction laydown area” means the land on which numbered work 9 is authorised to be carried out as shown on the works plans;

“pipeline area” means the land on which numbered works 5, 6 and 7 are authorised to be carried out as shown on the works plans;

“power station area” means the land on which numbered works 1, 2, 3, 4, 8, 12 and 13 are authorised to be carried out as shown on the works plans;

“shut down period” means a period after physical construction works have finished for the day during which activities including changing out of work gear, the departure of workers, post-works briefings and closing and securing the site take place; and

“start up period” means a period prior to physical construction works starting for the day during which activities including the opening up of the site, the arrival of workers, changing into work wear and pre-work briefings take place.

Commencement of the authorised development

2

The authorised development must not be commenced after the expiration of five years from the date this Order comes into force.

Phasing of the authorised development

3

(1) No part of the authorised development may commence until a written scheme setting out the phasing of construction of numbered works 1, 2 and 3 has been submitted to and approved by the relevant planning authority.

(2) The scheme submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the phasing as detailed in chapter 3 (site and project description) of the environmental statement and must include details of timescales for the reinstatement or restoration of the temporary construction laydown areas comprised in numbered works 6C, 6D, 7B and 9, in line with the outline landscape and biodiversity strategy.

(3) The scheme submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.

Notice of start of commissioning and notice of date of full commissioning

4

(1) Notice of the intended start of commissioning of each of numbered works 1A and 2A must be given to the relevant planning authority prior to such start and in any event within seven days from the date that commissioning is started.

(2) Within seven days of the completion of the commissioning of numbered work 1A, the undertaker must provide the relevant planning authority with notice of the date upon which such commissioning was duly completed.

(3) Within seven days of the completion of the commissioning of numbered work 2A, the undertaker must provide the relevant planning authority with notice of the date upon which such commissioning was duly completed.

Requirement for written approval

5

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

Approved details and amendments to them

6

(1) With respect to any plans, details or schemes which have been approved by the relevant planning authority pursuant to any Requirement, the undertaker may submit to the relevant planning authority for approval any amendments to those plans, details or schemes and, if approved by the relevant planning authority, those plans, details or schemes are to be taken to include the amendments approved by the relevant planning authority pursuant to this paragraph.

(2) Approval under sub-paragraph (1) for the amendments to plans, details or schemes 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 is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Detailed design approval

7

(1) In relation to any part of the authorised development comprised in numbered work 1, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (d) after consultation with the highway authority, approved by the relevant planning authority—

(a) the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;

(b) finished floor levels;

(d) the internal vehicular access and circulation roads, vehicle parking, cycle parking and routes, and pedestrian facilities and routes.

(2) In relation to any part of the authorised development comprised in numbered work 2, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (d) after consultation with the highway authority, approved by the relevant planning authority—

(a) the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;

(b) finished floor levels;

(d) the internal vehicular access and circulation roads, vehicle parking, cycle parking and routes, and pedestrian facilities and routes.

(3) In relation to any part of the authorised development comprised in numbered work 3A, no development of that part may commence until details of the following for that part have been submitted to and approved by the relevant planning authority—

(a) the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures including any cladding or shield to enclose or protect the battery energy storage cells;

(b) finished floor levels;

(d) hard standings; and

(e) the internal vehicular access and circulation roads.

(4) In relation to any part of the authorised development comprised in numbered work 3B, no development of that part may commence until details of the following for that part have been submitted to and approved by the relevant planning authority—

(a) the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures including any cladding or shield to enclose or protect the battery energy storage cells;

(b) finished floor levels;

(d) the internal vehicular access and circulation roads.

(5) In relation to any part of the authorised development comprised in numbered work 4A, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (e) after consultation with the highway authority, approved by the relevant planning authority—

(a) the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;

(b) finished floor levels;

(d) security infrastructure; and

(e) the internal vehicular access, circulation roads and vehicle parking.

(6) In relation to any part of the authorised development comprised in numbered work 4B, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (e) after consultation with the highway authority, approved by the relevant planning authority—

(a) the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;

(b) finished floor levels;

(d) security infrastructure; and

(e) the internal vehicular access, circulation roads and vehicle parking.

(7) In relation to any part of the authorised development comprised in numbered work 5, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (e) after consultation with the highway authority, approved by the relevant planning authority—

(a) the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;

(b) finished floor levels;

(d) security infrastructure; and

(e) the internal vehicular access, circulation roads and vehicle parking.

(8) In relation to any part of the authorised development comprised in numbered work 6, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (f) after consultation with the highway authority, approved by the relevant planning authority—

(a) the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;

(b) finished floor levels;

(d) the size of the culvert in numbered work 6A(ix);

(e) security infrastructure; and

(f) the internal vehicular access, circulation roads and vehicle parking.

(9) In relation to the pedestrian bridge in numbered work 9A, no development of any part of the pedestrian bridge may commence until the undertaker has submitted to the highway authority for approval detailed design and safety drawings of the pedestrian bridge.

(10) The authorised development must be carried out in accordance with the design parameters.

(11) Numbered works 1, 2, 3, 4, 5, 6 and 9A must be carried out in accordance with the approved details under this Requirement.

Provision of landscape and biodiversity mitigation

8

(1) No part of the numbered works comprising stage 1 may be commenced until a written strategy for that work which is substantially in accordance with the outline landscape and biodiversity strategy and chapter 9 (biodiversity) of the environmental statement (as each is relevant for that numbered work) has been submitted to and, after consultation with North Yorkshire County Council, approved by the relevant planning authority.

(2) No part of the numbered works comprising stage 2 may be commenced until, for those numbered works, a written strategy which is substantially in accordance with the outline landscape and biodiversity strategy and chapter 9 (biodiversity) of the environmental statement (as each is relevant for that numbered work) has been submitted to and, after consultation with North Yorkshire County Council, approved by the relevant planning authority.

(3) The strategies submitted and approved pursuant to sub-paragraphs (1) and (2) (as applicable) must include details of all proposed hard and soft landscaping works and ecological mitigation measures (as applicable for the relevant numbered work) and, where applicable,—

(a) the location, number, species, size and planting density of any proposed planting including details of any proposed tree planting and the proposed times of such planting;

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

(d) an implementation timetable;

(e) annual landscaping and biodiversity management and maintenance;

(f) the ecological surveys (if any) required to be carried out prior to commencement of a numbered work, or following completion of a numbered work in order to monitor the effect of the ecological mitigation measures; and

(g) an explanation of how the design of the numbered works comprised in the stage, which is the subject of the strategy, has sought to maximise the biodiversity net gain of the authorised development as far as practicable.

(4) Any shrub or tree planted as part of the approved strategy 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 seasons with a specimen of the same species and size as that originally planted.

(5) The strategies must be implemented and maintained in accordance with the implementation timetable in the strategy submitted and approved pursuant to sub-paragraphs (1) and (2).

Public rights of way diversions

9

(1) Numbered work 7 may not commence until, for that numbered work, a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the access and rights of way plans for that numbered work which is substantially in accordance with the outline public rights of way management plan has been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.

(2) The plan submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.

(3) No public right of way specified in columns (2) and (3) of the table in Schedule 7 (public rights of way to be permanently stopped up) is to be wholly or partly stopped up under article 13 (permanent stopping up of public rights of way) until details of the materials for the form and lay out of the surface of the new public right of way to be substituted for it, which is specified in column (4) of the table in Schedule 7, have been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.

(4) The details submitted and approved pursuant to sub-paragraph (3) must be implemented as approved.

External lighting during construction and operation

10

(1) No part of the numbered works comprising stage 1 may commence until a written scheme for the temporary external lighting to be installed for the purposes of construction for that work has been submitted to and approved by the relevant planning authority.

(2) No part of the numbered works comprising stage 2 may commence until a written scheme for the temporary external lighting to be installed for the purposes of construction for that numbered work has been submitted to and approved by the relevant planning authority.

(3) The schemes submitted and approved pursuant to sub-paragraphs (1) and (2) of this Requirement must be substantially in accordance with the principles set out in chapter 9 (biodiversity) and chapter 10 (landscape and visual amenity) of the environmental statement and the objectives set out in the outline construction environmental management plan and must include details of the temporary external lighting to be installed for the purposes of the construction of the relevant numbered work.

(4) Prior to the date of Work No. 1A full commissioning a written scheme for the permanent external lighting to be installed for the purposes of operation for the numbered works comprising stage 1 must be submitted to and approved by the relevant planning authority.

(5) Prior to the date of Work No. 2A full commissioning a written scheme for the permanent external lighting to be installed for the purposes of operation for the numbered works comprising stage 2 must be submitted to and approved by the relevant planning authority.

(6) The schemes submitted and approved pursuant to sub-paragraphs (4) and (5) of this Requirement must be substantially in accordance with the principles set out in chapter 9 (biodiversity) and chapter 10 (landscape and visual amenity) of the environmental statement and must include details of the permanent external lighting to be installed for the purposes of the operation of the relevant numbered work.

(7) The schemes must be implemented as approved.

Highway accesses and passing place during construction

11

(1) None of the numbered works 5, 6, 7, 9B or 14 may commence until details of the siting, design and layout (including visibility splays and construction specification) of any new or modified permanent or temporary means of access and passing place between any part of the Order limits and the public highway to be used by vehicular traffic during construction, and the means of reinstating any temporary means of access and passing place after construction (where reinstatement is to take place) has, for that numbered work, been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.

(2) The highway accesses and passing place approved pursuant to sub-paragraph (1) must be constructed in accordance with the approved details prior to the start of construction of the relevant numbered work (other than the accesses and passing place), and where temporary, reinstated prior to—

(a) in respect of numbered works 5, 6, 7 and 14, the date that is no later than 12 months after the date of Work No. 1A full commissioning; and

(b) in respect of numbered work 9B, the date that is no later than 12 months after the date of Work No. 2A full commissioning.

Means of enclosure

12

(1) Each of numbered works 5, 6A, 6B, 7, 8B (in relation to the 400 kilovolt cable sealing end compound) and 9 of the authorised development may not commence until details of a programme for the removal of all temporary means of enclosure for any construction areas or sites have, for that numbered work, been submitted to and approved by the relevant planning authority.

(2) Any construction areas or sites must remain securely fenced at all times during construction and commissioning of the authorised development in accordance with the details approved pursuant to sub-paragraph (1).

(3) Prior to the date of Work No. 1A full commissioning—

(a) details of any proposed permanent means of enclosure for each of numbered works 5, 6A and 6B must be submitted to and approved by the relevant planning authority; and

(b) the approved permanent means of enclosure must be completed.

(4) Prior to the date of Work No. 2A full commissioning—

(a) details of any proposed permanent means of enclosure for numbered work 8B (in relation to the 400 kilovolt cable sealing end compound) must be submitted to and approved by the relevant planning authority; and

(b) the approved permanent means of enclosure must be completed.

Surface water drainage

13

(1) None of the numbered works 1, 2, 3A, 5 or 6 may commence until a surface water drainage scheme for that numbered work has been submitted to, and after consultation with the Environment Agency, lead local flood authority and relevant internal drainage board, approved by the relevant planning authority.

(2) Any surface water drainage scheme submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the principles set out in the outline surface water drainage strategy.

(3) Any scheme approved pursuant to sub-paragraph (1) must be implemented as approved and maintained throughout the construction and operation of numbered works 1, 2, 3A, 5 and 6.

Flood risk mitigation

14

(1) The authorised development must be carried out in accordance with the flood risk assessment.

(2) In relation to any part of the authorised development comprised in numbered work 3A, no development of that part may commence until the flood mitigation channel comprised in that numbered work has been completed.

Ground conditions

15

(1) No part of the numbered works comprising stage 1 may commence (including permitted preliminary works comprising demolition of existing structures, environmental surveys, geotechnical surveys and other investigations for the purpose of assessing ground conditions only) until a written strategy in relation to the identification and remediation of any risks associated with the contamination of the Order limits associated with that numbered work has been submitted to and approved by the relevant planning authority.

(2) No part of the numbered works comprising stage 2 may commence (including permitted preliminary works comprising demolition of existing structures, environmental surveys, geotechnical surveys and other investigations for the purpose of assessing ground conditions only) until a written strategy in relation to the identification and remediation of any risks associated with the contamination of the Order limits associated with that numbered work has been submitted to and approved by the relevant planning authority.

(3) The strategy submitted and approved pursuant to sub-paragraph (1) or (2) must—

(a) include a site investigation scheme, based on the preliminary risk assessment set out in chapter 11 (ground conditions and contamination) of the environmental statement and providing details of the detailed risk assessment to be carried out for the receptors on or in the vicinity of the Order limits that may be affected by the authorised development;

(b) set out how the outcomes of the site investigation scheme and detailed risk assessment carried out pursuant to paragraph (a) will be reported, and provide for the submission and approval by the relevant planning authority of an options appraisal and remediation strategy based on such outcomes and providing details of any remediation measures required and how they are to be carried out; and

(c) include a verification plan identifying the data to be collected in order to demonstrate that the remediation measures set out in the options appraisal and remediation strategy prepared pursuant to paragraph (b) have been completed and are effective, and any requirement for long term monitoring of pollutant linkages, maintenance or arrangements for contingency action.

(4) Prior to the date of Work No. 1A full commissioning a report prepared substantially in accordance with the verification plan prepared pursuant to sub-paragraph (3)(c) and approved pursuant to sub-paragraph (1) must be submitted to and approved by the relevant planning authority.

(5) Prior to the date of Work No. 2A full commissioning a report prepared substantially in accordance with the verification plan prepared pursuant to sub-paragraph (3)(c) and approved pursuant to sub-paragraph (2) must be submitted to and approved by the relevant planning authority.

(6) If, during the carrying out of the authorised development on—

(a) the power station area;

(b) the pipeline area; or

contamination not previously identified is found to be present on such areas no further development (unless otherwise agreed in writing with the relevant planning authority) may be carried out on the areas on which the contamination has been found until a remediation strategy detailing how such contamination must be dealt with has been submitted to and approved by the relevant planning authority.

(7) The authorised development must be carried out in accordance with the strategies approved pursuant to sub-paragraphs (1) and (2) and any remediation strategy approved pursuant to sub-paragraph (6).

Archaeology

16

(1) None of the numbered works 5, 6, 7, 9B or 14 may commence (including permitted preliminary works comprising intrusive archaeological surveys only) until a written scheme of investigation has, for that numbered work, been submitted to and, after consultation with North Yorkshire County Council in its capacity as the relevant archaeological body, approved by the relevant planning authority.

(2) The scheme submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with chapter 8 (cultural heritage) of the environmental statement.

(3) The scheme must—

(a) identify any areas where further archaeological investigations are required and the nature and extent of the investigation required in order to preserve by knowledge or in-situ any archaeological features that are identified; and

(b) provide details of the measures to be taken to protect, record or preserve any significant archaeological features that may be found.

(4) Without limiting sub-paragraph (3), the scheme for numbered work 6 must provide details of a strip, map and record excavation for that numbered work.

(5) Without limiting sub-paragraph (3), the schemes for numbered works 5, 7, 9B and 14 must provide details of archaeological monitoring to be undertaken during construction of those numbered works.

(6) Any scheme approved pursuant to sub-paragraph (1) must be implemented as approved.

(7) Any archaeological investigations implemented and measures taken to protect record or preserve any identified significant archaeological features that may be found must be carried out—

(a) in accordance with the approved scheme; and

(b) by a suitably qualified person or organisation approved by the relevant planning authority in consultation with North Yorkshire County Council.

Construction environmental management plan

17

(1) No part of the authorised development may commence (including permitted preliminary works comprising site clearance only), until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority.

(2) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the outline construction environmental management plan and must detail how the outcomes of the ground investigations carried out pursuant to Requirement 15 have been taken into account in the preparation of the plan.

(3) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan.

Construction traffic management plan

18

(1) No part of the authorised development may commence, except for numbered works 11, 13 and 14, until a construction traffic management plan has, for that part, been submitted to and, after consultation with Highways England and the highway authority, approved by the relevant planning authority.

(2) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the relevant part of the outline construction traffic management plan.

(3) Notices must be erected and maintained by the undertaker throughout the period of construction at every entrance to and exit from the construction site, indicating to drivers the approved routes for traffic entering and leaving the construction site.

(4) The plan must be implemented as approved.

Construction worker travel plan

19

(1) No part of the authorised development may commence, except for numbered works 11, 13 and 14, until a construction worker travel plan has, for that part, been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.

(2) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the relevant part of the outline construction worker travel plan.

(3) The plan must be implemented as approved.

Construction hours

20

(1) Construction work relating to the authorised development must not take place on Sundays, bank holidays nor otherwise outside the hours of—

(a) 0700 to 1900 hours on Monday to Friday; and

(b) 0700 to 1300 hours on a Saturday.

(2) Delivery or removal of materials, plant and machinery must not take place on Sundays, bank holidays nor otherwise outside the hours of—

(a) 0800 to 1800 hours on Monday to Friday; and

(b) 0800 to 1300 hours on a Saturday.

(3) The restrictions in sub-paragraphs (1) and (2) do not apply to construction work or the delivery or removal of materials, plant and machinery, where these—

(a) are carried out within existing buildings or buildings constructed as part of the authorised development;

(b) are carried out with the prior approval of the relevant planning authority; or

(4) The restrictions in sub-paragraph (2) do not apply to the delivery of abnormal indivisible loads, where this is—

(a) associated with an emergency; or

(b) carried out with the prior approval of the relevant planning authority.

(5) Sub-paragraph (1) does not preclude—

(a) for numbered work 9 and at the corresponding numbered area shown on the works plans a start up period from 0600 to 0700 and a shut down period from 1900 to 2000 Monday to Friday and a start up period from 0600 to 0700 and a shut down period from 1300 to 1400 on a Saturday; or

(b) maintenance at any time of plant and machinery engaged in the construction of the authorised development.

(6) In this Requirement “emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action.

Control of noise: operation

21

(1) The noise emitted from the top of the stacks at source in numbered works 1A and 2A must not exceed a sound power level of 98 dB(A).

(2) Prior to the date of Work No. 1A full commissioning a written scheme for the monitoring of noise emitted from the top of the stacks at source during operation of numbered work 1A must be submitted to and approved by the relevant planning authority.

(3) Prior to the date of Work No. 2A full commissioning a written scheme for the monitoring of noise emitted from the top of the stacks at source during operation of numbered work 2A must be submitted to and approved by the relevant planning authority.

(4) The schemes submitted under sub-paragraphs (2) and (3) must be implemented as approved.

Carbon capture readiness reserve space

22

Following commencement of the authorised development and until such time as the authorised development is decommissioned, the undertaker must not, without the consent of the Secretary of State—

(a) dispose of any interest in the carbon capture readiness reserve space; or

(b) do anything, or allow anything to be done or to occur which may reasonably be expected to diminish the undertaker's ability, within two years of such action or occurrence, to prepare the carbon capture readiness reserve space for the installation and operation of carbon capture equipment, should it be deemed necessary to do so.

Carbon capture readiness monitoring report

23

(1) The undertaker must make a report (“carbon capture readiness monitoring report”) to the Secretary of State—

(a) on or before the date which is three months after the date of Work No. 1A full commissioning; and

(b) within one month of the second anniversary, and each subsequent even-numbered anniversary, of that date.

(2) Each carbon capture readiness monitoring report must provide evidence that the undertaker has complied with Requirement 22—

(a) in the case of the first carbon capture readiness monitoring report, since commencement of the authorised development; and

(b) in the case of any subsequent report, since the making of the previous carbon capture readiness monitoring report,

and explain how the undertaker expects to continue to comply with Requirement 22 over the next two years.

(3) Each carbon capture readiness monitoring report must state whether the undertaker considers the retrofit of carbon capture technology is feasible explaining the reasons for any such conclusion and whether any impediments could be overcome.

(4) Each carbon capture readiness monitoring report must state, with reasons, whether the undertaker has decided to seek any additional regulatory clearances, or to modify any existing regulatory clearances, in respect of any carbon capture readiness proposals.

Air safety

24

No part of the authorised development may commence until the undertaker has submitted confirmation to the relevant planning authority that it has provided details of the information that is required by the Defence Geographic Centre of the Ministry of Defence to chart the site for aviation purposes.

Local liaison committee

25

(1) The authorised development must not commence until the undertaker has established a committee to liaise with local residents and organisations about matters relating to the authorised development (a “local liaison committee”).

(2) The undertaker must invite the relevant planning authority and other relevant interest groups, as may be agreed with the relevant planning authority, to nominate representatives to join the local liaison committee.

(3) The undertaker must provide a full secretariat service and supply an appropriate venue for the local liaison committee meetings to take place.

(4) The local liaison committee must—

(a) include representatives of the undertaker;

(b) meet every other month, starting in the month prior to commencement of stage 1 until the date of Work No. 1A full commissioning, or if stage 2 has commenced prior to the date of Work No. 1A full commissioning, the date of Work No. 2A full commissioning, unless otherwise agreed by the majority of the members of the local liaison committee;

(c) if stage 2 has not commenced prior to the date of Work No. 1A full commissioning, meet every month, starting in the month prior to commencement of stage 2 until the date of Work No. 2A full commissioning, unless otherwise agreed by the majority of the members of the local liaison committee; and

(d) during the operation of the authorised development meet once a year unless otherwise agreed by the majority of the members of the local liaison committee.

Decommissioning environmental management plan

26

(1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for its approval a decommissioning environmental management plan for that part.

(2) No decommissioning works must be carried out until the relevant planning authority has approved the plan submitted under sub-paragraph (1) in relation to such works.

(3) The plan submitted and approved must include details of—

(a) the buildings to be demolished;

(b) the means of removal of the materials resulting from the decommissioning works;

(d) any restoration works to restore the land to a condition agreed with the relevant planning authority;

(e) the phasing of any restoration works; and

(f) a timetable for the implementation of the scheme.

(4) The plan must be implemented as approved.

(5) This Requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development.

Decommissioning traffic management plan

27

(1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for its approval, after consultation with Highways England and the highway authority, a decommissioning traffic management plan for that part.

(2) No decommissioning works must be carried out until the relevant planning authority has approved the plan submitted under sub-paragraph (1) in relation to such works.

(3) The plan submitted and approved must include details of—

(a) route diversions; and

(b) routing of abnormal loads and HGVs.

(4) The plan must be implemented as approved.

Combined heat and power

28

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