The South Humber Bank Energy Centre Order 2021

• (4) The details approved under this requirement must be implemented during the construction of the authorised development and then maintained throughout the operation of the authorised development unless otherwise agreed by the relevant planning authority.

• (5) In this requirement, “means of enclosure” means fencing, walls or other means of boundary treatment and enclosure.

Lighting scheme

9

• (1) The authorised development may not come into operation until a scheme for all permanent external lighting to be installed (with the exception of any aviation warning lighting required under requirement 30) has been submitted to and approved by the relevant planning authority.

• (2) The scheme submitted and approved under sub-paragraph (1) must be in accordance with the principles of the indicative lighting strategy and include measures to minimise and otherwise mitigate any artificial light emissions during the operation of the authorised development.

• (3) The scheme must be implemented as approved prior to the coming into operation of the authorised development and maintained throughout the operation of the authorised development unless otherwise agreed by the relevant planning authority.

Soft landscaping

10

• (1) The permitted preliminary works may start but the authorised development may not come into operation until a scheme of soft landscaping and planting has been submitted to, and approved by, the relevant planning authority.

• (2) The scheme submitted and approved under sub-paragraph (1) must include details of—

• (a) materials, and the number, species, sizes and planting positions of any planting;

• (b) measures to protect any existing shrub and tree planting that is to be retained;

• (c) an implementation plan; and

• (d) a future maintenance plan.

• (3) The scheme must be implemented within a period of 12 months beginning with the coming into operation of the authorised development and maintained as approved during the operation of the authorised development, unless otherwise agreed with the relevant planning authority.

Biodiversity protection

11

• (1) The biodiversity protection plan must be implemented during the construction of the authorised development, unless otherwise agreed by the relevant planning authority.

• (2) No later than 18 months from the commencement of the authorised development a report by a qualified ecologist verifying the implementation of the relevant parts of the biodiversity protection plan and setting out implementation measures for the remaining parts of the biodiversity protection plan must be submitted to the relevant planning authority for approval, unless otherwise agreed by the relevant planning authority. The implementation measures for the remaining parts of the biodiversity protection plan must be implemented as approved, unless otherwise agreed by the relevant planning authority.

Biodiversity mitigation and enhancement

12

• (1) No later than 12 months from submission of the details under requirement 11(2) a biodiversity mitigation and enhancement plan must be submitted to the relevant planning authority for approval.

• (2) The plan submitted and approved under sub-paragraph (1) must be in accordance with the principles set out in the indicative biodiversity mitigation and enhancement plan, and must include an implementation timetable, including monitoring and maintenance activities.

• (3) The plan approved under sub-paragraph (1) must be implemented in full by the end of the second planting season after the plan is approved and maintained during the operation of the authorised development unless otherwise agreed by the relevant planning authority.

Surface water drainage

13

• (1) No part of the authorised development may commence, save for the permitted preliminary works, until the undertaker has consulted with Anglian Water on details of the permanent surface water drainage systems, including a future maintenance plan, the undertaker has then submitted the details to the relevant planning authority and the relevant planning authority has approved those details.

• (2) The details submitted and approved under sub-paragraph (1) must be in accordance with the principles set out in sections 2, 4 and 6 of the outline drainage strategy.

• (3) The scheme approved under sub-paragraph (1) must be implemented as approved prior to the development coming into operation and maintained throughout the operation of the authorised development unless otherwise agreed with the relevant planning authority.

Foul water drainage

14

• (1) No part of the authorised development may commence, save for the permitted preliminary works, until details of the permanent foul water drainage systems, including a future maintenance plan, have been submitted to and, after consultation with Anglian Water and the Environment Agency, approved by the relevant planning authority.

• (2) The details submitted and approved under sub-paragraph (1) must be in accordance with the principles set out in sections 2 and 5 of the outline drainage strategy.

• (3) The scheme approved under sub-paragraph (1) must be implemented as approved prior to the development coming into operation and maintained as approved throughout the operation of the authorised development unless otherwise agreed by the relevant planning authority.

Construction environmental management plan

15

• (1) No part of the authorised development may commence 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 must be in accordance with appendix 5A of the environmental statement and the biodiversity protection plan and incorporate—

• (a) visitor and contractor parking areas;

• (b) a materials management plan;

• (c) materials storage areas;

• (d) wheel cleaning facilities;

• (e) noise, vibration and dust mitigation measures;

• (f) lighting details;

• (g) fence installation (including a timetable for installation) and its retention throughout construction in accordance with paragraph 7.1.1 of the biodiversity strategy;

• (h) tree protection measures throughout construction in accordance with sections 6.6 to 6.8 of the arboricultural survey report;

• (i) waste management in accordance with chapter 16 of the environmental statement; and

• (j) pollution control.

• (3) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan unless otherwise agreed with the relevant planning authority.

Construction traffic management and travel planning

16

• (1) No part of the authorised development may commence until the undertaker has consulted with Network Rail on a construction traffic management plan for that part, submitted the plan to the relevant planning authority, and the relevant planning authority has approved the plan.

• (2) The plan submitted and approved under sub-paragraph (1) must be in accordance with the framework construction traffic management plan.

• (3) The plan submitted and approved under sub-paragraph (1) for Work No. 1 must include—

• (a) details of the routes to be used for the delivery of abnormal indivisible loads and procedures for the notification of these to the local highway authority, Royal Mail and, if the route includes railway assets, Network Rail; and

• (b) a construction worker travel plan (which must be in accordance with the framework construction worker travel plan included as annex 27 of appendix 9A of the environmental statement).

• (4) The plan must be implemented as approved throughout the construction of the authorised development unless otherwise agreed with the relevant planning authority.

Piling

17

• (1) No part of the authorised development comprised within Work No. 1 may commence, save for the permitted preliminary works, until the undertaker has consulted the Environment Agency on a written specification of the type of piling to be used to support the building and structures, the undertaker has submitted that specification to the relevant planning authority, and the relevant planning authority has approved that specification.

• (2) The written specification submitted and approved under sub-paragraph (1) must include a scheme to mitigate the effects of the piling with regard to noise to ecological receptors (which must include seasonal piling restrictions and/or the use of continuous flight auger piling as each of those are described in section 7 of the biodiversity strategy) and a scheme to mitigate the effects of the piling with regard to groundwater resources (which must be in accordance with the results of the site investigation carried out, and any remediation strategy submitted, pursuant to requirement 19).

• (3) All piling works must be carried out in accordance with the approved written specification unless otherwise agreed with the relevant planning authority.

Temporary halting of development on finding unexpected contamination

18

If at any point during construction contamination is found that is not expected in the scheme submitted and approved under sub-paragraph (1) of requirement 19, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the relevant planning authority in writing until requirement 21 has been complied with in relation to the unexpected contamination.

Investigation and remediation of contamination

19

• (1) No part of the authorised development may commence, save for the permitted preliminary works, until the undertaker has consulted with the Environment Agency on a scheme for an investigation of the nature and extent of any contamination on the site, whether or not it originates on the site, the undertaker has submitted this scheme to the relevant planning authority, and the relevant planning authority has approved the scheme.

• (2) The scheme submitted and approved under sub-paragraph (1) must be in accordance with the principles set out in chapter 12 and appendix 12A of the environmental statement and must be undertaken by competent persons.

• (3) The scheme submitted and approved under sub-paragraph (1) must include—

• (a) a survey of the extent, scale and nature of contamination;

• (b) a risk assessment taking into account—

• (i) human health;

• (ii) property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;

• (iii) adjoining land;

• (iv) groundwaters and surface waters;

• (v) ecological systems; and

• (vi) archaeological sites and ancient monuments (if applicable); and

• (c) an appraisal of the need for remediation to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and (if applicable) historical environment.

• (4) If the appraisal under sub-paragraph (3) (c) identifies the need for remediation then a remediation scheme must be submitted together with the scheme submitted pursuant to sub-paragraph (1).

• (5) Any scheme submitted under sub-paragraph (4) must contain an appraisal of the remedial options available and a description of the proposed remediation works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The remediation scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

• (6) The schemes submitted under sub-paragraphs (1) and (4) (in the event a remediation scheme under sub-paragraph (4) is required) and approved under sub-paragraph (1) must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

Implementation of remediation scheme

20

• (1) In the event that a remediation scheme under requirement 19(4) is required, the relevant part of the authorised development must not commence, save for the permitted preliminary works, until any scheme approved under requirement 19(4) has been implemented as approved, unless otherwise agreed by the relevant planning authority.

• (2) Following implementation under sub-paragraph (1) (in the event sub-paragraph (1) applies), the undertaker must consult the Environment Agency on a verification report that demonstrates the effectiveness of the remediation scheme which must be submitted to, and approved by, the relevant planning authority prior to the development coming into operation.

Procedure in cases of unexpected contamination

21

• (1) At any time during construction or operation, in the event that contamination is found that was not expected in the scheme submitted and approved under sub-paragraph (1) of requirement 19, the unexpected contamination must be notified in writing to the relevant planning authority before the end of the following working day.

• (2) Within three months of the notification made under sub-paragraph (1) all details required by sub-paragraphs (1) and (4) of requirement 19 must be submitted to the relevant planning authority in respect of the unexpected contamination, and the relevant planning authority must consult with the Environment Agency in respect of those details.

• (3) Within three months of the approval by the relevant planning authority of the schemes submitted under sub-paragraph (2), the schemes must be implemented as approved unless otherwise agreed by the relevant planning authority.

• (4) Within three months of the implementation of the schemes under sub-paragraph (3) a verification report must be prepared in accordance with the requirements of requirement 20 and submitted to the relevant planning authority for approval after consultation with the Environment Agency.

Flood risk mitigation

22

• (1) No part of the authorised development may be commissioned until a scheme for the mitigation of flood risk during operation has, for that part, been submitted to and approved by the relevant planning authority.

• (2) The scheme submitted and approved under sub-paragraph (1) must be in accordance with the flood risk assessment unless otherwise agreed by the relevant planning authority in consultation with the Environment Agency.

• (3) The scheme submitted and approved under sub-paragraph (1) must provide for critical equipment assets to be elevated to no lower than 4.60m AOD or, alternatively, adequately protected through flood resistance and resilience measures, and a place of safe refuge to be provided at a level no lower than 4.60m AOD.

• (4) The scheme approved under sub-paragraph (1) must be implemented as approved prior to the coming into operation of the authorised development and maintained throughout the operation of the authorised development unless otherwise agreed with the relevant planning authority.

• (5) In this article, “the flood risk assessment” means the flood risk assessment included as appendix 14A of the environmental statement.

Flood warning and evacuation plan

23

• (1) The authorised development must not be occupied until a flood warning and evacuation plan has been submitted to and approved by the relevant planning authority.

• (2) The scheme submitted and approved under sub-paragraph (1) must include provisions to secure the subscription of the authorised development to the Environment Agency’s floodline warnings direct service or equivalent service.

• (3) The flood warning and evacuation plan submitted and approved under sub-paragraph (1) must be implemented as approved prior to the authorised development coming into operation and remain in place throughout the operation of the development unless otherwise agreed by the relevant planning authority.

Delivery and servicing plan

24

• (1) The authorised development must not come into operation until the undertaker has consulted Network Rail on an operational delivery and servicing plan for all operational HGVs entering and leaving the site, the undertaker has submitted that plan to the relevant planning authority, and the relevant planning authority has approved that plan.

• (2) The plan submitted and approved under sub-paragraph (1) must be in accordance with the operational delivery and servicing plan within annex 26 of appendix 9A of the environmental statement unless otherwise agreed by the relevant planning authority.

• (3) The plan approved under sub-paragraph (1) must be implemented as approved throughout the operation of the authorised development unless otherwise agreed by the relevant planning authority.

Operational travel plan

25

• (1) The authorised development must not come into operation until an operational travel plan has been submitted to and approved by the relevant planning authority.

• (2) The plan submitted and approved under sub-paragraph (1) must be in accordance with business travel plan guidance published by the local highway authority and in accordance with the framework operational travel plan within annex 7 of appendix 9A of the environmental statement unless otherwise agreed by the relevant planning authority.

• (3) The plan approved under sub-paragraph (1) must be implemented as approved throughout the operation of the authorised development unless otherwise agreed by the relevant planning authority.

Visibility splays

26

• (1) The authorised development must not come into operation until details of the visibility splays at the proposed new highway access have been submitted to and, after consultation with the local highway authority, approved by the relevant planning authority.

• (2) The details submitted to and approved under sub-paragraph (1) must be in accordance with the access and rights of way plan and swept path analysis plan unless otherwise agreed by the relevant planning authority.

• (3) The details approved under sub-paragraph (1) must be implemented as approved prior to the coming into operation of the authorised development and maintained throughout the operation of the authorised development, and nothing erected or allowed to grow above 1.05 metres higher than the carriageway level of the adjoining highway within the visibility splays unless otherwise agreed by the relevant planning authority.

New highway access

27

• (1) The authorised development must not come into operation until details of the proposed new highway access and highway drainage system have been submitted to and, after consultation with the local highway authority, approved by the relevant planning authority.

• (2) The details submitted to and approved under sub-paragraph (1) must include the proposed layout and construction details of the proposed new entrance to the site including the junction and connection with the adopted highway which must be in accordance with the access and rights of way plan and swept path analysis plan unless otherwise agreed by the relevant planning authority or any details in respect of this new entrance that have been approved under articles 11 or 12.

• (3) The details approved under sub-paragraph (1) must be implemented as approved prior to the coming into operation of the authorised development and maintained throughout the operation of the authorised development.

Parking

28

• (1) The authorised development must not come into operation until details of the proposed location, type and number of permanent vehicle and bicycle parking spaces have been submitted to and approved by the relevant planning authority.

• (2) The details approved under sub-paragraph (1) must be implemented as approved prior to the coming into operation of the authorised development and maintained throughout the operation of the authorised development.

Road condition survey

29

• (1) No part of the authorised development may commence, save for the permitted preliminary works, until a survey of the condition of the adopted section of South Marsh Road (east of Hobson Way) has been carried out and details submitted to and approved by the relevant planning authority.

• (2) The details submitted to and approved under sub-paragraph (1) must include the results of a survey comprising SCANNER, deflectograph equipment, and supporting road core data with cores taken every 100m, contained in a report detailing the survey methodology and the findings as to the theoretical capacity of the structure of the road based on a million standard axle calculation.

• (3) Within six months of the authorised development coming into operation a report must be submitted to the relevant planning authority for approval.

• (4) The report submitted and approved under sub-paragraph (3) must contain the results of traffic surveys along South Marsh Road (east of Hobson Way) conducted after the coming into operation of the authorised development and must include information on actual HGV tonnage and volumes and a comparison against the theoretical capacity of the structure of the road contained in the details approved under sub-paragraph (1).

• (5) In the event that the report shows the actual HGV tonnage and volumes using the road is in exceedance of the theoretical capacity, and the exceedance can reasonably be attributed to the authorised development, the undertaker must within three months of an approval under sub-paragraph (3), submit details of a scheme of improvement for South Marsh Road (east of Hobson Way) and a programme for implementation to the local highways authority for its approval.

• (6) The scheme of improvement approved under sub-paragraph (5) must be implemented by the undertaker as approved.

Air safety

30

• (1) No part of the authorised development may commence, save for the permitted preliminary works, until details of the information that is required by the Defence Geographic Centre of the Ministry of Defence to chart the authorised development for aviation purposes for that part have been submitted to and approved by the relevant planning authority.

• (2) The information submitted to and approved under sub-paragraph (1) must include—

• (a) location of development;

• (b) date of commencement of construction;

• (c) anticipated date of completion of construction of tall structures including the emissions stacks;

• (d) height above ground level of tall structures including the emissions stacks;

• (e) maximum extension height of any construction equipment; and

• (f) details of aviation warning lighting to be fitted to the tall structures, which must include fitting the emissions stacks with a minimum intensity 25 candela omni directional flashing red light or equivalent infra-red light fitted at the highest practicable point of the structure.

• (3) The aviation warning lighting details submitted to and approved under sub-paragraph (2) (f) must be implemented in full before the construction of the emissions stacks is complete unless otherwise agreed by the relevant planning authority.

• (4) At the earliest opportunity prior to the date of completion of the construction of the stacks, the anticipated date of construction completion must be submitted to the relevant planning authority.

• (5) All details submitted to and approved under this requirement must be implemented as approved and maintained throughout (to the extent relevant) the construction of the authorised development and the operation of the authorised development unless otherwise agreed by the relevant planning authority.

Fuel type

31

Only refuse derived fuel comprising of processed waste from municipal, household, commercial and industrial sources may be used in the combustion system in Work No. 1, except for purposes of start-up or support firing when gas or fuel oil may be used.

Fuel storage

32

With the exception of the diesel tank, fuel for the energy recovery facility must not be stored outside of the main building at any time.

Decommissioning

33

• (1) Within two years of the date that the undertaker decides to end commercial operation of the authorised development, the undertaker must submit to the relevant planning authority for its approval a decommissioning plan, including a timetable for its implementation and a decommissioning environmental management plan.

• (2) The plan submitted to and approved under sub-paragraph (1) must be implemented as approved unless otherwise agreed with the relevant planning authority.

Amendments agreed by the relevant planning authority

34

• (1) Where the words “unless otherwise agreed by the relevant planning authority” appear in the requirements—

• (a) whenever the undertaker requests that the relevant planning authority provides its agreement in accordance with those words, the undertaker must provide the relevant planning authority with information on compliance with any document listed in the relevant requirement and any other relevant certified document; and

• (b) any such approval or agreement may only be given in relation to non-material amendments and where it has been demonstrated to the satisfaction of that authority that the subject matter of the approval or agreement sought will not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

• (2) In cases where the requirement or the relevant sub-paragraph requires consultation with specified persons, any such approval or agreement must not be given without the relevant planning authority having first consulted with those persons or having been provided with satisfactory evidence that the undertaker has consulted with those persons, as applicable.

Combined heat and power

35

• (1) No part of Work No. 1 may be commissioned until a scheme for the provision of steam or hot water pass-outs has been submitted to and approved by the relevant planning authority.

• (2) The scheme submitted under sub-paragraph (1) must as a minimum comply with the conditions relating to steam and hot water pass-outs within any environmental permit granted in respect of the authorised development.

• (3) No part of Work No. 1 may be commissioned until a scheme for the provision of reserve space, suitable for the future provision of water pressurisation, heating and pumping systems for potential off-site users of process or space heating and the later connection of Work No. 1 to such systems, has been submitted to and approved by the relevant planning authority.

• (4) The scheme submitted under sub-paragraph (3) must demonstrate that the reserve space is suitable to accommodate the future installation of a pipeline connection of at least 400 millimetres in diameter.

• (5) The schemes approved under sub-paragraphs (1) and (3) must be implemented as approved prior to the coming into operation of the authorised development and maintained throughout the operation of the authorised development.

• (6) Prior to the installation of any steam or hot water pipeline in the reserve space identified within the scheme approved under sub-paragraph (3), details of the diameter and specification of the pipelines and a timetable for their installation must be submitted to and approved by the relevant planning authority and which must demonstrate that the diameter and specification of the pipelines are suitable for the connection of Work No. 1 to the identified off site users of process or space heating.

• (7) The details approved under sub-paragraph (6) must be implemented as approved and maintained, unless otherwise agreed by the relevant planning authority.

Anticipatory steps towards compliance with any requirement

36

• (1) If before this Order comes into force the undertaker or any other person takes any steps intended to be steps towards compliance with any provision of this Schedule, those steps must be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

• (2) Any document submitted to the relevant planning authority which the undertaker considers may constitute a step referred to at sub-paragraph (1) must include a statement that it is likely to engage sub-paragraph (1).

Heavy goods vehicle prohibition

37

The plans submitted pursuant to requirements 16, 24 and 33 must not provide for the use of South Marsh Road (west of Hobson Way, also known as South Marsh Lane Bridleway) by heavy goods vehicles accessing to or egressing from the authorised development.

Development consent obligation

38

• (1) Construction of Work No. 1 must not start until a development consent obligation pursuant to section 106 of the 1990 Act has been secured between the relevant planning authority, the undertaker, EP SHB Limited, and Lloyds Bank plc (or any successor in title to the charge).

• (2) The development consent obligation required by sub-paragraph (1) must reflect the obligations as secured by the section 106 agreement.

• (3) Lloyds Bank plc (or any successor in title to the charge) is not required to enter into the development consent obligation required by sub-paragraph (1) where the charge has been discharged and no longer applies to any land within the Order limits and evidence of this has been provided to the satisfaction of the relevant planning authority.

SCHEDULE 3 — DEEMED APPROVAL OF MATTERS REFERRED TO IN REQUIREMENTS

SHBEC planning permission condition number and topic	Requirement number and topic
4. Details of final positioning of buildings, elevations and floor levels	5. Detailed design (position and scale)
5. Details of all external materials	6. Detailed design (appearance)
6. Existing tree planting to be retained	7. Retained trees
7. So far as relating to details and position of boundary treatments, circulation areas and other hard landscaping	8. Means of enclosure and hard landscaping
7. So far as relating to details of permanent lighting	9. Lighting scheme
7. So far as relating to a scheme for soft landscaping and planting	10. Soft landscaping
8. So far as relating to biodiversity protection	11. Biodiversity protection
9. So far as relating to surface water drainage	13. Surface water drainage
9. So far as relating to foul water drainage	14. Foul water drainage
10. So far as relating to construction traffic management and travel planning	16. Construction traffic management and travel planning
11. Details of type of piling to be used	17. Piling
12. Steps where unexpected contamination is found after development has commenced	18. Temporary halting of development on finding unexpected contamination
13. Scheme for investigation of contamination and report on findings of the investigation	19. Investigation and remediation of contamination
14. Remediation scheme under condition 13 to be carried out	20. Implementation of remediation scheme
15. Previously unidentified contamination	21. Procedure in cases of unexpected contamination
17. Flood warning and evacuation plan	23. Flood warning and evacuation plan
18. Delivery and servicing plan	24. Delivery and servicing plan
19. Operational travel plan	25. Operational travel plan
20. Details and implementation of visibility splays at site entrance	26. Visibility splays
21. So far as relating to plans for layout and construction of new entrance and highway drainage	27. New highway access
21. So far as relating to plans for parking	28. Parking
22. Road condition survey of South Marsh Road and subsequent report on traffic survey results	29. Road condition survey
23. Information to be provided to local planning authority to notify UK DVOF & Powerlines at the Defence Geographic Centre	30. Air safety
24. Use only of refuse derived fuels	31. Fuel type
25. No fuel to be stored outside of main building	32. Fuel storage
26. Decommissioning plan	33. Decommissioning

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1)	(2)	(3)
Area	Streets subject to street works	Description of street works
In the Borough of North East Lincolnshire	South Marsh Road	Construction of a new permanent access and ancillary works in the area shown cross hatched blue and red and marked A on the access and rights of way plan
In the Borough of North East Lincolnshire	South Marsh Road	Works to existing access in the area shown cross hatched blue and marked B on the access and rights of way plan
In the Borough of North East Lincolnshire	South Marsh Road	Utility connection works in the area shown cross hatched blue and red and marked A on the access and rights of way plan

SCHEDULE 5 — STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

(1)	(2)	(3)
Area	Streets subject to alteration of layout	Description of alteration
In the Borough of North East Lincolnshire	South Marsh Road	Construction of a new permanent access and ancillary works in the area shown cross hatched blue and red and marked A on the access and rights of way plan

SCHEDULE 6 — ACCESS

PART 1 — THOSE PARTS OF THE ACCESS TO BE MAINTAINED AT THE PUBLIC EXPENSE

(1)	(2)	(3)
Area	Street	Description of relevant part of access
In the Borough of North East Lincolnshire	South Marsh Road	A new permanent access and ancillary works in the area shown cross hatched red and marked A on the access and rights of way plan

PART 2 — THOSE PARTS OF THE ACCESS TO BE MAINTAINED BY THE STREET AUTHORITY

(1)	(2)	(3)
Area	Street	Description of relevant part of access
In the Borough of North East Lincolnshire	South Marsh Road	A new permanent access and ancillary works in the area shown cross hatched blue and marked A on the access and rights of way plan
In the Borough of North East Lincolnshire	South Marsh Road	Existing access in the area shown cross hatched blue and marked B on the access and rights of way plan

SCHEDULE 7 — STREETS TO BE TEMPORARILY STOPPED UP

(1)	(2)	(3)
Area	Street	Description of extent of temporary stopping up
In the Borough of North East Lincolnshire	South Marsh Road	Construction of a new permanent access and ancillary works in the area shown cross hatched red and marked A on the access and rights of way plan

SCHEDULE 8 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ANGLIAN WATER

1

For the protection of Anglian Water, the following provisions have effect, unless otherwise agreed in writing between the undertaker and Anglian Water.

2

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in not less efficient a manner than previously;

• “apparatus” means—any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage;any drain or works vested in Anglian Water under the Water Industry Act 1991²³; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of the Water Industry Act 1991²⁴ (adoption of sewers and disposal works) or an agreement to adopt made under section 104 of that Act²⁵ (agreements to adopt sewer, drain or sewage disposal works, at a future date),and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 of the Water Industry Act 1991²⁶ (general interpretation)) and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and

• “plan” includes sections, drawings, specifications and method statements.

3

The undertaker must not interfere with, build over or near to, any apparatus within the Order limits or execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within the standard protection strips which are the strips of land falling the following distances to either side of the medial line of any apparatus—

• (a) 2.25 metres where the diameter of the pipe is less than 150 millimetres;

• (b) 3 metres where the diameter of the pipe is between 150 and 450 millimetres;

• (c) 4.5 metres where the diameter of the pipe is between 450 and 750 millimetres; and

• (d) 6 metres where the diameter of the pipe exceeds 750 millimetres,

unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and such provision must be brought to the attention of any agent or contractor responsible for carrying out any work on behalf of the undertaker in writing.

4

The alteration, extension, removal or re-location of any apparatus must not be implemented until—

• (a) any requirement for a permit under the Environmental Permitting (England and Wales) Regulations 2016²⁷ or other legislation and any other associated consents are obtained, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such re-location are approved, such approvals from Anglian Water not to be unreasonably withheld or delayed; and

• (b) the undertaker has made the appropriate application required under the Water Industry Act 1991 together with a plan and section of the works proposed and Anglian Water has agreed all of the contractual documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed; and such works to be executed only in accordance with the plan, section and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it.

5

Regardless of any provision in this Order or anything shown on any plan, the undertaker must not acquire any apparatus otherwise than by agreement, and before extinguishing any existing rights for Anglian Water to use, keep, inspect, renew and maintain its apparatus in the Order limits, the undertaker must, with the agreement of Anglian Water, create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for Anglian Water such agreement not to be unreasonably withheld or delayed.

6

If in consequence of the exercise of the powers conferred by the Order the access to any apparatus is materially obstructed the undertaker must provide such alternative means of access to such apparatus as will enable Anglian Water to maintain or use the apparatus no less effectively than was possible before such obstruction.

7

If in consequence of the exercise of the powers conferred by the Order, previously unmapped sewers, lateral drains or other apparatus are identified by the undertaker, notification of the location of such assets must immediately be given to Anglian Water and afforded the same protection as other Anglian Water assets.

8

If for any reason as a result of the construction of any of the works referred to in paragraphs 4, 5 and 7 any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker must—

• (a) bear and pay the cost reasonably incurred by Anglian Water in making good any damage or restoring the supply; and

• (b) make reasonable compensation to Anglian Water for any other direct expenses, loss, damages, penalty or costs incurred by Anglian Water.

9

To the extent (but not greater) that Anglian Water has not used its reasonable endeavours to mitigate and minimise in whole or in part any costs, expenses, loss, demands, and penalties to which the provisions of this Part apply, that amount of such costs, expenses, loss, demands and penalties are not recoverable from the undertaker.

PART 2 — FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER

Application

10

For the protection of National Grid the following provisions in this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and National Grid.

Interpretation

11

In this Part of this Schedule—

• “alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means—in the case of an electricity undertaking, an electric line or electrical plant, as defined in the Electricity Act 1989²⁸, belonging to or maintained by that electricity undertaker; andin 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 under the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution 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 Schedule;

• “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 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 National Grid (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, will require the undertaker to submit for National Grid’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” include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of the undertaker – 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; and

• “specified works” means any of the authorised works or activities undertaken in association with the authorised works which—are 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 undertaker under paragraph 14(2) or otherwise;may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 14(2) or otherwise; orinclude any of the activities that are referred to in paragraph 8 of T/SP/SSW/22 (National Grid’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”).

Apparatus of Undertakers in stopped up streets

12

Despite the temporary stopping up or diversion of any highway under the powers of article 13 (temporary stopping up of streets and public rights of way), National Grid is at liberty at all times to take all necessary access across any such stopped up highway 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.

Acquisition of apparatus

13

• (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 undertaker may not acquire apparatus or override any easement and/or other interest of National Grid 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 National Grid and the undertaker) 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 or other legal or land interest of National Grid or affects the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such a deed of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it is the responsibility of the undertaker to procure 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 undertaker and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then as between National Grid and the undertaker the provisions in this Part of this Schedule prevail.

• (4) Any agreement or consent granted by National Grid under paragraph 17 or any other paragraph of this Part of this Schedule, are not to be taken to constitute agreement under sub-paragraph (1).

Removal of apparatus

14

• (1) If, in the exercise of the agreement reached in accordance with paragraph 13(1) or in any other authorised manner, the undertaker 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 National Grid in question in accordance with sub-paragraphs (2) to (5) inclusive.

• (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to its satisfaction (taking into account paragraph 15(1)) the necessary facilities and rights—

• (a) for the construction of alternative apparatus in other land of or land secured by the undertaker; and

• (b) subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

• (4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

• (5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

15

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.

• (2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid under sub-paragraph 15(1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject then the matter must be referred to arbitration in accordance with paragraph 23 (arbitration) of this Part of this Schedule and the arbitrator may make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection Gas Undertakers

16

• (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan and, if reasonably required by National Grid, a ground monitoring scheme in respect of those works.

• (2) The plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—

• (a) the exact position of the works;

• (b) the level at which these are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

• (f) any intended maintenance regimes.

• (3) The undertaker must not commence any works to which sub-paragraphs (1) and (2) apply until National Grid has given written approval of the plan so submitted.

• (4) Any approval of National Grid required under sub-paragraph (2)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and

• (b) must not be unreasonably withheld.

• (5) In relation to any work to which sub-paragraphs (1) and (2) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works to which this paragraph applies must only be executed in accordance with the plan approved under sub-paragraph (3) and as relevant sub-paragraph (4) as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid must be entitled to watch and inspect the execution of those works.

• (7) Where National Grid requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved under this paragraph, must be carried out to National Grid’s satisfaction prior to the commencement of any authorised works (or any relevant part of the authorised works) for which protective works are required and National Grid must give 56 days’ notice of such works from the date of submission of a plan pursuant to this paragraph (except in an emergency).

• (8) If National Grid in accordance with sub-paragraphs (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 10 to 12 and 14 to 16 apply as if the removal of the apparatus had been required by the undertaker under paragraph 15(2).

• (9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the authorised works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

• (10) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in section 52 of the 1991 Act but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must—

• (a) comply with sub-paragraphs (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (11) at all times.

• (11) At all times when carrying out any works authorised under the Order the undertaker must comply with National Grid’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/SSW22” and HSE’s “HS(~G)47 Avoiding Danger from underground services”.

• (12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker must implement an appropriate ground mitigation scheme save that National Grid retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 18.

Retained apparatus: Protection: Electricity Undertakers

17

• (1) Not less than 56 days before the commencement of any authorised works that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 15(2) or otherwise, the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity tower foundations.

• (2) In relation to works which will or may be situated on, over, under or within—

• (a) 15 metres measured in any direction of any apparatus; or

• (b) involve embankment works within 15 metres of any apparatus,

the plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—

• (c) the exact position of the works;

• (d) the level at which these are proposed to be constructed or renewed;

• (e) the manner of their construction or renewal including details of excavation, positioning of plant;

• (f) the position of all apparatus;

• (g) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

• (h) any intended maintenance regimes; and

• (i) an assessment of risks of rise of earth issues.

• (3) In relation to any works which will or may be situated on, over, under or within ten metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub-paragraph (2), include a method statement describing—

• (a) details of any cable trench design including route, dimensions, clearance to pylon foundations;

• (b) demonstration that pylon foundations will not be affected prior to, during and post construction;

• (c) details of load bearing capacities of trenches;

• (d) details of cable installation methodology including access arrangements, jointing bays and backfill methodology;

• (e) a written management plan for high voltage hazard during construction and ongoing maintenance of the cable route;

• (f) written details of the operations and maintenance regime for the cable, including frequency and method of access;

• (g) assessment of earth rise potential if reasonably required by National Grid’s engineers; and

• (h) evidence that trench bearing capacity is to be designed to 26 tonnes to take the weight of overhead line construction traffic.