The Thurrock Flexible Generation Plant Development Consent Order 2022

• (3) The undertaker must give RWE not less than 28 days’ notice of any exercise of powers under article 11 (Street works), article 13 (Temporary restriction of use of streets), article 14 (access to works) and article 15 (traffic regulation) which would restrict access by RWE, its successors in title, occupiers, tenants and invitees to the road and/or the proposed road. Where access to the road along an existing route is prevented or restricted by the undertaker, the undertaker must ensure that suitable alternative is available for use by RWE, its successors in title, occupiers, tenants and invitees for the whole period of the closure or restriction before exercising any power.

• (4) Save in the case of emergency, the undertaker may not prevent or restrict RWE from using the road (or any alternative access provided under these protective provisions).

• (5) The undertaker must ensure that the road or a suitable alternative is open for emergency access to the site at all times.

• (6) If the undertaker requires to undertake any specified works which will break open the surface of the road or involve any temporary closure of the road then the undertaker must provide 7 days written notice of such works to RWE and acting reasonably must have regard to (and accommodate so far as reasonably practicable) any requests from RWE in respect of this period of works, including measures, where practicable to minimise disruption and facilitate access to the site.

• (7) Where any temporary closure of the road is required, a suitable alternative access to the site must be provided to RWE, its occupiers, tenants and invitees which is no less convenient to access the site than the road for the whole period of the closure. The undertaker must have regard to any requests from RWE (acting reasonably) in relation to the location of the alternative access road.

• (8) The undertaker must keep the road (or alternative access if one is provided) clean and tidy and free of obstructions at all times.

• (9) If at any time RWE requires the relocation, variation or alteration of the road or the proposed road, then RWE shall serve written notice on the undertaker informing them of this fact and identifying the proposed relocation, alteration or variation of the road or the proposed road within the Site.

• (10) Subject to—

• (a) agreement by the undertaker (not to be unreasonably withheld or delayed) that the proposed relocation, alteration or variation of the road or the proposed road within the site is acceptable; and

• (b) RWE meeting any costs of the undertaker associated with the proposed relocation, alteration or variation of the road and/or the proposed road within the site including alterations of connections to access roads outside the Site; and

• (c) RWE granting the necessary rights for the proposed relocation, alteration or variation of the road or the proposed road within the Site; and

• (d) the undertaker seeking and being granted, the necessary rights for the proposed relocation, alteration or variation of the road or the proposed road as is necessary to connect to the altered or varied road or proposed road.

General

6

Any difference or dispute arising between the undertaker and RWE under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and RWE, be determined by arbitration in accordance with article 42 of this Order.

7

The undertaker and RWE must each act reasonably in connection with the implementation of this Part of this Schedule.

Notices

8

Any plans or notices submitted to RWE by the undertaker pursuant to this Part must be sent to RWE c/o the Company Secretary at its registered address on Windmill Hill Business Park, Whitehill Way, Swindon, SN5 6PB or such other address as RWE may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 10 — FOR THE PROTECTION OF THURROCK BOROUGH COUNCIL

1

The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and Thurrock Council.

2

In this Part of this Schedule—

• “costs” will include the reasonable costs to the Council of the time of its own officers as well as costs expended;

• “illuminated signage” means two illuminated highway signs to be installed within the boundary of the local highway (Station Road) to the south of the Station Road Level Crossing to provide warning of the level crossing, and any associated works including provision of an electrical connection;

• “Consents” means approvals, consents, licences, permissions, or registrations;

• “RSA” or “Road Safety Audit” means a review of the proposed design or any works and any road safety impacts carried out in accordance with the Design Manual for Roads and Bridges or such other standard as the undertaker and the Council may agree;

• “the Council” means Thurrock Borough Council;

• “highway” means a highway vested in or maintainable by the Council as highway authority under the 1980 Act; and

• “specified work” means the works under the Order to create new junctions to the public highway at Station Road and Fort Road, and the installation of Work no. 4 (the gas pipeline) in or under Station Road.

Road condition surveys

3

The Council will, at the cost of the undertaker, procure or undertake road conditions surveys on the following highways—

• (a) St Andrews Road, between Tilbury Port Gate 1 and Ferry Road junction;

• (b) Port Access Road between Ferry Road Junction and Fort Road (including connection road);

• (c) Fort Road, between Port Access Road and Coopers Shaw Road/Gunn Hill Junction;

• (d) Coopers Shaw Road between Fort Road and Station Road, and

• (e) Station Road between Cooper Shaw Road and the site entrance.

4

• (1) The undertaker will notify the Council of—

• (a) the anticipated date of commencement of development under this Order; and

• (b) the anticipated construction programme and date of completion of the authorised development;

not less than 3 months prior to that anticipated date of commencement of development under this Order.

• (2) The Council will provide a proposed scope setting out the number (having regard to the construction programme notified to it by the undertaker), content and format of road conditions surveys to the undertaker for comment no later than 4 weeks after being notified under sub-paragraph (1). The proposed scope will include live data monitoring to provide 24/7 speed and volume counts. The Council must have regard to any reasonable comments made by the undertaker within 2 weeks of receipt of that proposed scope in finalising the scope of the road conditions surveys.

• (3) The first road condition survey must be undertaken prior to the anticipated commencement of HGV movements for the authorised development, and further surveys must be undertaken at 3 month intervals from the date of the first surveys until the completion of the construction phase of the authorised development. A final survey must be undertaken within 28 days of the Council being notified by the undertaker that the construction of the authorised development has been completed.

5

• (1) The Council will invoice the undertaker for the reasonable anticipated costs of all of the planned road conditions surveys set out in the scope following the finalisation of the scope.

• (2) Where the costs incurred by the Council exceed the sum invoiced under sub-paragraph (1) because the development did not complete in accordance with the programme notified to the Council under paragraph 4(1)(b), the Council may, following the carrying out of the final survey under sub-paragraph 4(3), invoice the undertaker for the costs incurred in excess of the sum invoiced under sub-paragraph (1).

HGV route remediation

6

The undertaker must maintain and provide to the Council at 3 month intervals from the date of commencement of development under this Order until the authorised development is completed, records of the number of HGVs using the local highway to access the authorised development and details of which route such HGVs used.

7

• (1) The Council will, having regard to the road condition surveys, identify any need for remediation of the highway on the following roads—

• (a) St Andrews Road, between Tilbury Port Gate 1 and Ferry Road junction;

• (b) Port Access Road between Ferry Road Junction and Fort Road (including connection road);

• (c) Fort Road, between Port Access Road and Coopers Shaw Road/Gunn Hill Junction;

• (d) Coopers Shaw Road between Fort Road and Station Road, and

• (e) Station Road between Cooper Shaw Road and the site entrance.

• (2) Where a need for remediation works or measures is identified under sub-paragraph (1), the Council must prepare a schedule of the works or measures required and of the cost of the delivery of those works or measures.

• (3) The Council will invoice the undertaker for a portion of the costs of the works or measures identified under sub-paragraph (2) proportionally with the undertaker’s HGV use of the roads as compared to the overall HGV movements in percentage terms as established by the road conditions surveys. For example, where the undertaker’s HGV use is 10% of all HGV use of the highways listed in sub-paragraph (1), the undertaker will be liable to the Council for 10% of the costs of the identified remediation works and measures.

8

• (1) Where the undertaker’s HGV use deviates from the anticipated route (being the highways listed in paragraph (3)), the Council may, acting reasonably, take such action by way of the making of traffic regulation orders or traffic management, as it considers is necessary to prevent HGV use of unsuitable highways or to protect the safety or amenity of other highway users and properties adjacent to highways.

• (2) Where the Council takes action under sub-paragraph (1) it may invoice the undertaker for the reasonably incurred costs of that action.

• (3) Reasonably incurred costs under sub-paragraph (2) will include the costs of promoting and making any traffic regulation order.

Specified works

9

• (1) The undertaker will allow and facilitate an appropriately qualified officer of the Council acting as highway authority to participate in the design process for any Work authorised by this Order which involves a specified work, and will have reasonable regard to any views of that officer in finalising the detailed design of that Work, provided always that any such view shared by the officer will not be an instruction, requirement or authorisation under this Order.

• (2) The undertaker must, before commencing any specified work, provide to the Council for approval the proposed details for the specified works and a total estimate of the cost for all of the specified works.

• (3) Following approval under sub-paragraph (2), the Council will issue to the undertaker an invoice for 6% of the total estimate of the costs for all of the specified works as approved, which sum will be used to cover the Council’s reasonable fees, costs, charges and expenses in approving the plans for and in supervising construction of the specified works.

10

• (1) Any officer of the Council duly appointed for the purpose may at all reasonable times, on giving to the undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the authorised development which—

• (a) is in, on, over or under any highway; or

• (b) which may affect any highway;

during the carrying out of the work, and the undertaker will give to such officer all reasonable facilities for such inspection and, if the officer is of the opinion that the construction of the work poses danger to any highway or to any property of the relevant highway authority or danger to persons or vehicles or other property in relation to which the highway authority might be liable on, in, over or under any highway, the undertaker will adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway or persons or vehicles or other property aforesaid.

• (2) Any officer of the Council exercising the right to inspect works under sub-paragraph (1) must comply with all reasonable health and safety requirements and instructions of the undertaker in doing so.

11

The undertaker must, if reasonably required by the Council, provide and maintain during such time as the undertaker may occupy any part of a highway for the purpose of the construction of any part of the authorised development, temporary ramps for vehicular or pedestrian traffic and any other traffic measures required to protect the safety of road users in accordance with chapter 8 of the Traffic Signs Manual as may be necessary.

Level crossing warning illuminated signage

12

• (1) The illuminated signage is to be located in the vicinity of the new junction to be formed from the new access road (Work no. 6 authorised by this Order) on to Station Road.

• (2) The Council will prepare a design for the illuminated signage in consultation with Network Rail within 8 weeks of being requested to do so by the undertaker, or 8 weeks from the date of receipt of the notice of commencement of the authorised development, whichever is the earlier.

• (3) The Council must obtain any Consents required to install the illuminated signage.

• (4) The Council is responsible for approving, procuring, carrying out, supervising and, inspecting any works associated with installing the illuminated signage.

• (5) The Council must carry out any RSAs which are required in relation to the design and installation of the illuminated signage.

• (6) The Council must use best endeavours to carry out the works to install the illuminated signage no later than 6 months from the date of commencement of the authorised development.

• (7) The Council will invoice the undertaker for its reasonably incurred costs under this paragraph as soon as reasonably practicable following installation of the illuminated signage.

Payment of invoices

13

Any invoice issued by the Council under this Part of this Schedule is payable by the undertaker within 30 days of issue.

Disputes

14

Any difference in arising between the undertaker and the Council under this Part of this Schedule (other than in difference as to the meaning or construction of this Part of this Schedule) will be resolved by arbitration under article 42(arbitration).

Indemnity

15

The undertaker indemnifies the Council as highway authority in relation to all costs, damages, losses or claims reasonably incurred by the Council in relation to any works by the undertaker in, on, over or under the highway.

Signed

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Gareth Leigh — Head of Energy Infrastructure Planning — Department for Business, Energy and Industrial Strategy — 16th February 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Thurrock Power Limited to construct, operate and maintain a new gas fired generating station and battery storage facility at Tilbury, Thurrock, Essex and carry out all associated works.

The Order also makes provision in connection with the maintenance of the authorised development.

The Order would permit Thurrock Power Limited to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

A copy of the plans, environmental statement and other documents mentioned in this Order and certified in accordance with article 38 of this Order (certification of plans, etc.) may be inspected free of charge during working hours at Thurrock Power Limited, 145 Kensington Church St, Kensington, London W8 7LP.

Footnotes

Editorial notes