Legalize / United Kingdom / Statutory-Instrument

The HyNet Carbon Dioxide Pipeline Order 2024

Type Statutory-Instrument

Publication 2024-03-20

Last updated 2024-10-16

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11) In this article “the maintenance period” means—

(a) the period referred to in requirement 12(4) in relation to the maintenance of landscaping;

(b) in relation to any other part of the authorised development, means the period of 5 years beginning on which that part of the authorised development is brought into operational use.

(12) The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a potential risk to the safety of—

(a) the authorised development or any of its parts;

(b) the public; or

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practicable in the circumstances.

Statutory undertakers

36

(1) Subject to the provisions of article 42 (protective provisions) and Schedule 10 (protective provisions), the undertaker may acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plans within the Order land and described in the book of reference.

(2) Subject to the provisions of article 42 (protective provisions) and Schedule 10 (protective provisions), the undertaker may extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Recovery of costs of new connections

37

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 36 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 36 (statutory undertakers), any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this paragraph—

“public communications provider” has the same meaning as in section 151(1) of the 2003 Act³⁴; and

“public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 — Miscellaneous and general

Application of landlord and tenant law

38

(1) This article applies to any agreement entered into by the undertaker under article 7 (benefit of the Order) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.

(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) No enactment or rule of law to which paragraph (2) applies is to apply 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.

Felling or lopping of trees and removal of hedgerows

39

(1) Subject to paragraph (3) and article 40 (trees subject to tree preservation orders) the undertaker may fell, lop or prune any tree or shrub, or cut back its roots, within oroverhanging land within the Order limits 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; or

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

(2) In carrying out any activity authorised by paragraph (1), the undertaker must–

(a) do no unnecessary damage to any tree or shrub; and

(b) 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 as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow within the Order limits including those specified in Schedule 11.

Trees subject to Tree Preservation Orders

40

(1) Subject to paragraph (2), the undertaker may fell, lop or prune any part of any tree which is within, over or under land within the Order limits or cut back its roots, if it reasonably believes it to be necessary in order to prevent the tree—

(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; or

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

(2) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any damage arising from such activity; and

(b) the duty in section 206(1) of the 1990 Act (replacement of trees) must not apply.

(3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(4) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined as if it were a dispute under Part 1 of the 1961 Act.

(5) In this article “tree preservation order” has the same meaning as in section 198 (power to make tree preservation orders) of the 1990 Act.

Crown rights

41

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any lessee or licensee to take, use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

(a) belonging to His Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to His Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory acquisition of an interest in any Crown land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Protective provisions

42

Schedule 10 (protective provisions) has effect.

Operational land for the purposes of the 1990 Act

43

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land) of the 1990 Act.

Certification of plans, etc.

44

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

(a) the access and rights of way plans (consisting of a key plan and sheets 1 to 37 inclusive) (document number D.2.5)

(b) the land plans (consisting of a key plan and sheets 1 to 37 inclusive) (document number D.2.2);

(d) the special category land plans (consisting of a key plan and 10 sheets) (document number D.2.6);

(e) the works plans (consisting of a key plan and sheets 1 to 37 inclusive) (document number D.2.4);

(f) the general arrangement plans comprising the Block Valve Stations Planning Arrangement, (document number D 2.9); Block Valve Stations Elevations (document number D.2.8); Above Ground Installation Planning Arrangement (document number D.2.12), and Above Ground Installation Elevations (document number D.2.11);

(g) the book of reference (document number D.4.3);

(h) the environmental statement (consisting of 4 volumes) (document numbers D.6.1 to D.6.4.19.1);

(i) the outline construction environment management plan (document number D.6.5.2);

(j) the outline landscape and ecology mitigation plan (document number D.6.5.10) (Annex D.6.5.10.1 Environmental Report – Appendix A – Landscape and Ecological Mitigation Plan);

(k) the outline construction traffic management plan (document number D.6.5.3);

(l) the outline surface water drainage strategy report and appendices (document number D.6.5.13);

(m) the outline archaeological written scheme of investigation, (document number D.6.5.2);

(n) outline operational and maintenance environment management plan (document number D.7.15); and

any other plans or documents referred to in this Order as requiring certification, for certification that they are true copies of the documents referred to in this Order.

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

Service of notices

45

(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 (references to service by post) of the Interpretation Act 1978³⁶ 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 (2) 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 the 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 any 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 name or 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 a 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 7 days of receipt that the recipient requires a paper copy of all or 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 electronic communication given 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 7 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.

(10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

No double recovery

46

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Arbitration

47

(1) Any difference under any provision of this Order, unless otherwise provided for, is be referred to and settled in arbitration in accordance with the rules at Schedule 12 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

(2) For the avoidance of doubt, any matter for which the consent or approval of the Secretary of State is required under any provision of this Order is not subject to arbitration.

SCHEDULE 1

PART 1 — Authorised development

A nationally significant infrastructure project as defined in sections 14 and 21 of the 2008 Act, comprising:

In the Borough of Cheshire West and Chester

Work No. 1: Construction of an AGI at Ince within the location shown on Sheet 1 of the Works Plans, including—

(a) a fenced compound area containing—

(i) security lighting;

(ii) electrical transformer;

(iii) parking;

(iv) cathodic protection measures;

(v) CCTV cameras, intrusion detection systems and access control systems;

(vi) PIG launcher and receiver facilities;

(vii) connection points;

(viii) analyser house;

(ix) control mechanisms and electrical and instrumentation kiosk;

(x) hard standing;

(xi) above ground pipework, valves and instrumentation;

(b) above ground control boxes;

(d) below ground cables and cable ducts;

(e) hard standing;

(f) drainage works, including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s); and

(g) landscaping.

Work No. 1A: The creation and use of a temporary logistics and construction compound for the use during the construction of the authorised development, within the location shown on Sheet 1 of the Works Plans, including—

(a) office, welfare and security facilities;

(b) a parking area;

(d) waste processing and management areas; and

(e) fencing and gating.

Work No. 2: The creation and use of a permanent vehicular access to the authorised development, from Elton Lane (private road), within the location shown on Sheet 1 of the Works Plans, including—

(a) improvement of road surfacing and provision of new hard surfacing;

(b) creation of a new bellmouth junction and visibility splays; and

Work No. 3: The creation and use of a permanent vehicular access to the authorised development, from the Pool Lane/Oil Sites Road roundabout via the unnamed road (private road) and via the unnamed road (private road) from Ash Road, within the locations shown on Sheets 1 and 1a of the Works Plans, including—

(a) improvement of road surfacing and provision of new hard surfacing;

(b) creation of a new bellmouth junction and visibility splays; and

Work No. 3A: The creation and use of a temporary vehicular access to the authorised development, from Work No. 3 on the unnamed road, within the location shown on Sheets 1 of the Works Plans, including improvement of road surfacing and provision of new hard surfacing.

Work No. 3B: The creation and use of a permanent vehicular access to the authorised development, from Ash Road within the location shown on Sheets 1 of the Works Plans, including improvement of road surfacing and provision of new hard surfacing.

Work No. 4: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 994 metres in length and with an external diameter of 20 inches (508 millimetres) between Work No. 1 and Work No. 5 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems;

as shown on Sheets 1 and 2 of the Works Plans.

Work No. 5: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 893metres in length and with an external diameter of 20 inches (508 millimetres) between Work No. 4 and Work No. 6 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems;

as shown on Sheets 2 and 3 of the Works Plans.

Work No. 5A: Creation and use of a temporary construction access from Chester Services, within the location shown on Sheet 2 of the Works Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 5B: Creation and use of a temporary construction access from A5117, within the location shown on Sheet 2 of the Work Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No 5C:The creation and use of a temporary working area for the use during the construction of the authorised development, within the location shown on Sheets 1 and 2 of the Works Plans, including construction of a haul road, temporary construction accesses and working areas and laydown areas.

Work No. 6: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 1.6km in length and with an external diameter of 20 inches (508 millimetres) between Work No. 5 and Work No. 7 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems;

as shown on Sheets 2, 3 and 4 of the Works Plans.

Work No. 6A: The creation and use of a temporary logistics and construction compound for the use during the construction of the authorised development, within the location shown on Sheet 2, 3 and 4 of the Works Plans, including—

(a) office, welfare and security facilities;

(b) a parking area;

(d) waste processing and management areas; and

(e) fencing and gating.

Work No. 6B: The creation and use of a temporary logistics and construction compound for the use during the construction of the authorised development, within the location shown on Sheet 2, 3 and 4 of the Work Plans, including—

(a) office, welfare and security facilities;

(b) a parking area;

(d) pipe equipment and fittings storage;

(e) plant storage;

(f) a fabrication area;

(g) a plant wheel wash area;

(h) waste processing and management areas; and

(i) fencing and gating.

Work No. 6C: Creation and use of a temporary construction access from Old Cryers Lane, within the location shown on Sheets 3 and 4 of the Work Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 6D: Creation and use of a temporary construction access from Cryers Lane, within the location shown on Sheets 3 and 4 of the Work Plans, including—

(a) improvement of an existing junction with the public highway;

(b) improvement of road surfacing and provision of new hard surfacing; and

Work No. 6E: Creation and use of a temporary construction access from Cryers Lane, within the location shown on Sheets 3 and 4 of the Work Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing;

Work No. 7: Construction of two underground Carbon Dioxide (CO₂) pipelines with respective external diameters of 20 inches (508 millimetres) and 36 inches (914.4 millimetres), and respective approximate lengths of 266 metres and 251 metres, from Work No. 6 to Work No. 9 and from Work No.9 to Work No.11, including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems;

as shown on Sheets 3 and 4 of the Works Plans.

Work No. 8: The creation and use of a temporary vehicular access to the authorised development, from A5117 within the location shown on Sheet 1 of the Works Plans, including improvement of road surfacing and provision of new hard surfacing.

Work No. 9: Construction of an AGI at Stanlow within the location shown on Sheet 3 of the Works Plans, including—

(a) a fenced compound area containing—

(i) security lighting;

(ii) electrical transformer;

(iii) parking;

(iv) cathodic protection measures;

(v) CCTV cameras, intrusion detection systems and access control systems;

(vi) PIG launcher and receiver facilities;

(vii) isolation valves;

(viii) above ground pipework, valves and instrumentation;

(ix) connection points;

(x) analyser house;

(xi) control mechanisms and electrical and instrumentation kiosk;

(xii) hard standing.

(b) below ground pipework;

(d) below ground cables and cable ducts;

(e) hard standing;

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s); and

(g) landscaping.

Work No. 9A: The creation and use of a temporary logistics and construction compound for the use during the construction of the authorised development, within the location shown on Sheet 3 of the Works Plans, including—

(a) office, welfare and security facilities;

(b) a parking area;

(d) waste processing and management areas; and

(e) fencing and gating.

Work No. 10: The creation and use of a permanent vehicular access to the authorised development, from Pool Lane within the location shown on Sheet 3 of the Works Plans, including—

(a) improvement of road surfacing and provision of new hard surfacing;

(b) creation of a new bellmouth junction and visibility splays; and

Work No. 11: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 1.1km in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 7 and Work No. 12 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems;

as shown on Sheets 3, 4 and 5 of the Works Plans.

Work No. 12: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 341 metres in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 11 and Work No. 13 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems;

as shown on Sheets 4 and 5 of the Works Plans.

Work No. 12A: Creation and use of a permanent access from Cryers Lane, within the location shown on Sheet 5 of the Work Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing;

Work No. 13: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 1.3km in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 12 and Work No. 14 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems;

as shown on Sheets 5 and 6 of the Works Plans.

Work No. 13A:The creation and use of a temporary working area for the use during the construction of the authorised development, within the location shown on Sheets 5 and 6 of the Works Plans, including construction of a haul road, temporary construction accesses and working areas and laydown areas.

Work No. 14: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 419 metres in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 13 and Work No. 15 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems;

as shown on Sheets 5 and 6 of the Works Plans.

Work No. 14A: Creation and use of permanent access from Picton Lane, within the location shown on Sheets 5 and 6 of the Works Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 15: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 1.5km in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 14 and Work No. 16 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems;

as shown on Sheets 6 and 7 of the Works Plans.

Work No. 15A: The creation and use of a temporary logistics and construction compound for the use during the construction of the authorised development, within the location shown on Sheet 6 of the Works Plans, including—

(a) office, welfare and security facilities;

(b) a parking area;

(d) pipe equipment and fittings storage;

(e) plant storage;

(f) a fabrication area;

(g) a plant wheel wash area;

(h) waste processing and management areas; and

(i) fencing and gating.

Work No. 15B: Creation and use of a temporary construction access from Picton Lane, within the location shown on Sheet 6 of the Works Plans, including—

(a) improvement of an existing junction with the public highway;

(b) improvement of road surfacing and provision of new hard surfacing; and

Work No. 15C: Creation and use of a permanent access from Picton Lane, within the location shown on Sheet 6 of the Works Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 16: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 386 metres in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 15 and Work No. 17 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s);

as shown on Sheet 7 of the Works Plans.

Work No. 16A:Creation and use of a permanent access from Picton Lane, within the location shown on Sheet 7 of the Work Plans, including improvement of road surfacing and provision of new hard surfacing (excluding on the bridleway).

Work No. 16B: Creation and use of a temporary construction access from Picton Lane, within the location shown on Sheet 7 of the Works Plans, including—

(a) creation of a new bellmouth junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 17: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 807 metres in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 16 and Work No. 18 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s);

as shown on sheets 7 and 8 of the Works Plans.

Work No. 17A: Creation and use of a permanent access from Wervin Road, within the location shown on Sheet 7 of the Works Plans, including—

(a) creation of a new bellmouth junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 17B: Creation and use of a permanent access from Wervin Road, within the location shown on Sheet 7 of the Works Plans, including—

(a) creation of a new bellmouth junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 18: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 352 metres in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 17 and Work No. 19 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s);

as shown on Sheet 8 of the Works Plans.

Work No. 18A: Creation and use of a temporary construction access from Caughall Road, within the location shown on Sheet 8 of the Works Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 19: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 1.4km in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 18 and Work No. 22 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s);

as shown on Sheets 8 and 9 of the Works Plans.

Work No. 19A: The creation and use of a temporary logistics and construction compound for the use during the construction of the authorised development, within the location shown on Sheet 8 of the Work Plans, including—

(a) office, welfare and security facilities;

(b) a parking area;

(d) pipe equipment and fittings storage;

(e) plant storage;

(f) a fabrication area;

(g) a plant wheel wash area;

(h) waste processing and management areas; and

(i) fencing and gating.

Work No. 19B: Creation and use of a temporary construction access from Croughton Road, within the location shown on Sheet 8 of the Works Plans, including—

(a) creation of a junction with the public highway; and

(b) construction of road surfacing and provision of new hard surfacing.

Work No. 19C:Creation and use of a temporary access from Chorlton Lane, within the location shown on Sheet 8 of the Works Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 20: Construction of a BVS at Rock Bank, at the location shown on Sheet 8 of the Works Plans, including—

(a) a fenced compound area containing—

(i) security lighting;

(ii) block valve;

(iii) parking;

(iv) cathodic protection measures;

(v) CCTV cameras, intrusion detection systems and access control systems;

(vi) above ground pipework, valves and instrumentation;

(vii) connection points;

(viii) control mechanisms and electrical and instrumentation kiosk;

(ix) hard standing;

(b) below ground pipework;

(d) hard standing;

(e) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s); and

(f) landscaping.

Work No. 20A: The creation and use of a temporary logistics and construction compound for the use during the construction of the authorised development, within the location shown on Sheet 8 of the Work Plans, including—

(a) office, welfare and security facilities;

(b) a parking area;

(d) waste processing and management areas; and

(e) fencing and gating.

Work No. 21: The creation and use of a permanent vehicular access to the authorised development, from Chorlton Lane within the location shown on Sheet 8 of the Works Plans, including—

(a) improvement of road surfacing and provision of new hard surfacing;

(b) creation of a new bellmouth junction and visibility splays; and

Work No. 22: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 291 metres in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 19 and Work No. 23 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s).

as shown on Sheet 9 of the Works Plans.

Work No. 23: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 545 metres in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 22 and Work No. 24 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s).

as shown on Sheet 9 of the Works Plans.

Work No. 23A:Creation and use of a temporary construction access from Station Road, within the location shown on Sheet 9 of the Works Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 23B: The creation and use of a temporary working area for the use during the construction of the authorised development, within the location shown on Sheet 9 of the Works Plans, including construction of a haul road, temporary construction accesses and working areas and laydown areas.

Work No. 24: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 286 metres in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 23 and Work No. 25 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s);

as shown on Sheet 9 of the Works Plans.

Work No. 24A: Creation and use of a temporary construction access from Station Road, within the location shown on Sheets 9 and 10 of the Works Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 25: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 1.9km in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 24 and Work No. 28 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s);

as shown on Sheets 9, 10 and 11 of the Works Plans.

Work No. 25A: Creation and use of a permanent access from Station Road, within the location shown on Sheet 10 of the Works Plans, including—

(a) creation of a new bellmouth junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 26: Construction of a BVS at Mollington, at the location shown on Sheet 10 and 11 of the Works Plans, including—

(a) a fenced compound area containing

(i) security lighting;

(ii) block valve;

(iii) parking;

(iv) cathodic protection measures;

(v) CCTV cameras, intrusion detection systems and access control systems;

(vi) above ground pipework, valves and instrumentation;

(vii) connection points;

(viii) control mechanisms and electrical and instrumentation kiosk;

(ix) hard standing;

(b) below ground pipework;

(d) hard standing;

(e) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s); and

(f) landscaping.

Work No. 26A: The creation and use of a temporary logistics and construction compound for the use during the construction of the authorised development, within the location shown on Sheet 10 and 11 of the Works Plans, including—

(a) office, welfare and security facilities;

(b) a parking area;

(d) waste processing and management areas; and

(e) fencing and gating.

Work No. 27: The creation and use of a permanent vehicular access to the authorised development, from Overwood Lane within the location shown on Sheet 11 of the Works Plans, including—

(a) improvement of road surfacing and provision of new hard surfacing;

(b) creation of a new bellmouth junction and visibility splays; and

Work No. 28: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 2.4km in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 25 and Work No. 29 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s);

as shown on Sheets 10, 11 and 12 of the Works Plans.

Work No. 28A: Creation and use of a temporary construction access from Overwood Lane, within the location shown on Sheets 10 and 11 of the Works Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 28B: Creation and use of a permanent access from the A540, within the location shown on Sheet 11 of the Works Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

Work No. 28C: Creation and use of a permanent access from Hermitage Road, within the location shown on Sheet 12 of the Works Plans, including—

(a) improvement of an existing junction with the public highway; and

(b) improvement of road surfacing and provision of new hard surfacing.

In the County of Flintshire

Work No. 29: Construction of an underground Carbon Dioxide (CO₂) pipeline approximately 625 metres in length and with an external diameter of 36 inches (914.4 millimetres) between Work No. 28 and Work No. 30 including—

(a) construction and installation of the pipeline by trenched and untrenched methods, including trenchless installation technique pit works, the creation of reception shafts, and launch shafts, and installation of concrete-lined sleeve tunnels;

(b) installation of pipeline marker posts and cathodic protection test posts along the pipeline route;

(d) construction of a haul road, temporary construction accesses and working areas and laydown area;

(e) landscaping, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s);

Work No. 51B:The creation and use of a temporary working area for the use during the construction of Work No. 51, within the location shown on Sheets 24 and 25 of the Works Plans, including construction of a haul road, temporary construction accesses and working areas and laydown areas.

Work No. 52: The creation and use of a permanent vehicular access to the authorised development, from Cornist Lane within the location shown on Sheet 25 of the Works Plans, including—

(a) improvement of road surfacing and provision of new hard surfacing;

(b) creation of a new bellmouth junction and visibility splays; and

Work No. 53: Construction of a BVS at Pentre Halkyn at the location shown on Sheet 27 and 28 of the Works Plans, including—

(a) a fenced compound area containing—

(i) security lighting;

(ii) block valve;

(iii) parking;

(iv) cathodic protection measures;

(v) CCTV cameras, intrusion detection systems and access control systems;

(vi) above ground pipework, valves and instrumentation;

(vii) connection points;

(viii) control mechanisms and electrical and instrumentation kiosk;

(ix) hard standing;

(b) below ground pipework;

(d) above ground control boxes;

(e) hard standing;

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s); and

(g) landscaping.

Work No. 53A: The creation and use of a temporary logistics and construction compound for use during the construction of the authorised development, within the location shown on Sheets 27 and 28 of the Works Plans, including—

(a) office, welfare and security facilities;

(b) a parking area;

(d) plant storage;

(e) waste processing and management areas; and

(f) fencing and gating.

Work No. 53B:The creation and use of a temporary working area for the use during the construction of Work No. 53, within the location shown on Sheets 27 and 28 the Work Plans including construction of a haul road, temporary construction accesses and working areas and laydown areas.

Work No. 54: The creation and use of a permanent vehicular access to the authorised development, from B5121 within the location shown on Sheet 27 and 28 of the Works Plans, including—

(a) improvement of road surfacing and provision of new hard surfacing;

(b) creation of a new bellmouth junction and visibility splays; and

Work No. 55: Construction of a BVS at Babell, at the location shown on Sheet 29 of the Works Plans, including—

(a) a fenced compound area containing—

(i) security lighting;

(ii) block valve;

(iii) parking;

(iv) cathodic protection measures;

(v) CCTV cameras, intrusion detection systems and access control systems;

(vi) above ground pipework, valves and instrumentation;

(vii) connection points;

(viii) control mechanisms and electrical and instrumentation kiosk;

(ix) hard standing;

(b) below ground pipework;

(d) above ground control boxes;

(e) hard standing;

(f) drainage works including creation of connections to existing drainage and creation of new sustainable drainage systems including attenuation pond(s); and

(g) landscaping.

Work No. 55A: The creation and use of a temporary logistics and construction compound for the use during the construction of the authorised development, within the location shown on Sheet 29 and 30 of the Works Plans, including—

(a) office, welfare and security facilities;

(b) a parking area;

(d) waste processing and management areas; and

(e) fencing and gating.

Work No. 55B:The creation and use of a temporary working area for the use during the construction of Work No.55, within the location shown on Sheets 29 and 30 the Works Plans, including construction of a haul road, temporary construction accesses and working areas and laydown areas.

Work No. 56: The creation and use of a permanent vehicular access to the authorised development, from Racecourse Lane within the location shown on Sheet 29 and 30 of the Works Plans, including—

(a) improvement of road surfacing and provision of new hard surfacing;

(b) creation of a new bellmouth junction and visibility splays; and

Work No 57: the provision of environmental and ecological mitigation for the authorised development including landscaping, woodland and hedgerow planting, scrub planting, riparian planting, habitat creation, fencing and gating, comprising:

In the Borough of Cheshire West and Chester

Work No. 57A: Creation of environmental mitigation, east of Cryers Lane, at the location shown on Sheets 2, 3 and 4 of the Works Plans, including woodland planting.

In the County of Flintshire

Work No. 57H: Creation of environmental mitigation east of the A494 at the location shown on Sheet 17 of the Works Plans, including—

(a) woodland planting; and

(b) scrub planting over the pipeline.

PART 2 — Ancillary works

Works within the Order limits which fall within the scope of the work assessed by the environmental statement comprising works for the benefit or protection of land affected by the authorised development.

SCHEDULE 2 — Requirements

PART 1 — Requirements

Interpretation

1

In this Schedule—

“AOD” means above Ordnance Datum;

“commissioning” means the process during which plant components and systems forming part of the authorised development, having been constructed or modified, are made operational and are tested and verified to be in accordance with design assumptions and to have met the appropriate safety criteria;

“contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990³⁷;

“CTMP” means construction traffic management plan;

“DEMP” means decommissioning environmental management plan;

“discharging authority” means any body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement;

“LEMP” means the landscape and ecology management plan;

“requirement consultee” means any body named in a requirement as a body to be consulted by the discharging authority in discharging that requirement; and

“stage” means the works and ancillary works, or parts thereof, to be carried out together as a phase of, or in a defined order within, the construction of the authorised development.

Time limits

2

(1) The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

(2) Notice of commencement of the authorised development must be given to the relevant planning authorities no later than 14 days before the date on which the authorised development is intended to be commenced.

Stages of authorised development

3

The authorised development may not commence until a written scheme setting out all stages of the authorised development and including a plan indicating when each stage will be implemented, has been submitted to each relevant planning authority.

(a) The written scheme submitted under this sub-paragraph may be amended by the undertaker. Where any amended written scheme is submitted under this sub-paragraph, any prior submitted written scheme will be held to be superseded.

(b) Any amended written scheme must be submitted to each relevant planning authority before any amendment may take effect for the purpose of sub-paragraph (4).

4

(1) The description of each stage in the written scheme to be submitted under sub-paragraph (1) must include the Work No(s) of the works within that stage.

(2) More than one stage may be planned to be undertaken concurrently.

(3) The authorised development must be implemented in accordance with the written scheme submitted under sub-paragraph (1).

Scheme design

5

(1) The authorised development must be carried out in general accordance with the general arrangement plans. The authorised development will not be in general accordance with the general arrangement plans if any departure from the general arrangement plans would give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(2) The authorised development must be designed in accordance with the parameters specified in Table 1 below and the works plans and implemented in accordance with approved plans and any other approvals given by the relevant planning authority pursuant to these requirements.

Work Type	Parameter	Part(s) of the authorised development	Maximum value(s) and unit
AGI	Maximum fenced area of Ince AGI	Work No. 1	1,800m2
AGI	Maximum fenced area of Stanlow AGI	Work No. 9	2,656m2
AGI	Maximum fenced area of Northop Hall AGI	Work No.45	1,155m2
AGI	Maximum fenced area of Flint AGI	Work No.48	5,600m2
AGI	Maximum height of buildings and structures	Work Nos. 1, 9, 45 and 48	5m from ground level
AGI	Maximum width of new permanent accesses	Work Nos. 2, 8, 10, 46 and 49	6m
AGI	Maximum height of fencing and gating	Work No. 1, 9, 45, 48	3m from ground level
BVS	Maximum fenced area of BVS	Work No. 20, 26, 36, 51, 53, 55	1,050m2
BVS	Maximum height of buildings and structures	Work Nos. 20, 26, 36, 51, 53 and 55	5m from ground level
BVS	Maximum height of fencing and gating	Work Nos. 20, 26, 36, 51, 53 and 55	3m from ground level
BVS	Maximum width of new permanent accesses	Work No. 21, 27, 37, 52, 54 and 56	3m
Construction compound	Maximum height of fencing and gating	Work No. 6B, 15A, 19A, 30A, 30D, 31A, 41A and 44C	2.4m from ground level
Construction Compound	Maximum fenced area of Stanlow Compound	Work No. 6B	66,000m2
Construction Compound	Maximum fenced area of Picton Lane Compound	Work No. 15A	32,000m2
Construction Compound	Maximum fenced area of Chorlton Lane Compound	Work No. 19A	41,000m2
Construction Compound	Maximum fenced area of Wood Farm Compound	Work No. 30D	90,000m2
Construction Compound	Maximum fenced area of Sealand Road Compound	Work No. 30A	48,000m2
Construction Compound	Maximum fenced area of River Dee Compound	Work No. 31A	43,000m2
Construction Compound	Maximum fenced area of Shotton Lane Compound	Work No. 41A	37,000m2
Construction Compound	Maximum fenced area of Northop Hall Compound	Work No. 44C	35,000m2

(3) The buildings and structures identified in Table 1 must only be constructed within the area for the Work No. of which they form part as shown in the works plans.

(4) Each of Work Nos. 1, 9, 20, 26, 36, 45, 48, 51, 53 and 55 may not be commenced until, for that Work No. the following details have been submitted to and approved by the relevant planning authority:

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

(b) details of permanent accesses to the public highway;

(d) details of the noise ratings of any external machinery or potentially noisy installations (such as fans).

(5) No part of Work No. 43E may be commenced until details of the design and construction methodology of any works have been submitted to and approved by the relevant planning authority following consultation with Natural Resources Wales.

(6) The details submitted under sub-paragraph (5) must be accompanied by flood risk assessment showing the maximum water level reached in a 1 in 100 year event plus 40% climate change scenario. The soffit level of the embedded pipe bridge over the Alltami brook must be set no less than 300 millimetres above that maximum water level. The flood consequences assessment must also demonstrate that the impacts of the proposal on flood risk elsewhere can be managed to an acceptable level.

(7) Where the position of the abutments of Work No. 43E require the stopping up of part of the current route of Footpath 414/39A, the details submitted under sub-paragraph (5) must include a scheme setting out the alternative route and specification for the permanent diversion of the part of public right of way Footpath 414/39A to be stopped up, and setting out how that alternative is to be legally created.

(8) The works listed in sub-paragraph (4) and (5) must be implemented in accordance with the details approved under this paragraph.

Construction environmental management plan

6

(1) No stage of the authorised development must commence until a CEMP which includes that stage has been submitted to and approved by the relevant planning authority following consultation with the Environment Agency or Natural Resources Wales as appropriate and/or the Lead Local Flood Authority.

(2) The CEMP must be in accordance with the outline construction environment management plan and include management plans, working methods and mitigation measures including—

(a) details of lighting during construction;

(b) noise and vibration management plan;

(d) material management plan;

(e) soil management plan;

(f) peat management plan;

(g) waste management plan;

(h) groundwater management and monitoring plan;

(i) bio-security management plan;

(j) surface water management and monitoring plan;

(k) dewatering management plan;

(l) stakeholder communications plan; and

(m) public rights of way management plan.

(3) Each stage of the authorised development must be implemented in accordance with the approved CEMP for that stage.

Construction traffic

7

(1) Save in respect of matters approved in accordance with articles 13 (temporary restriction of public rights of way) and 15 (temporary restriction of use of streets) no stage of the authorised development must commence until a CTMP for that stage, in accordance with the outline construction traffic management plan, has been submitted to and approved by the relevant planning authority following consultation with the relevant highway authority.

(2) The CTMP for each stage must include a construction logistics plan to manage delivery of goods and materials.

(3) The CTMP for each stage must include a construction worker travel plan in accordance with the interim worker travel plan and include measures to be taken to promote sustainable travel options and minimise use of private vehicles.

(4) Each stage of the authorised development must be implemented in accordance with the approved CTMP for that stage.

Highway accesses

8

(1) Construction of any new permanent or temporary means of access to a highway, or alteration, or use of an existing means of access to a highway, must not commence until an access plan for that access has been submitted to and approved by the relevant highway authority.

(2) The access plan must include details of the siting, design, layout, visibility splays, access management measures and a maintenance programme relevant to the access it relates to.

(3) The relevant highway authority must be consulted on the access plan before it is submitted for approval.

(4) The highway accesses (including visibility splays) must be implemented in accordance with the approved details.

Surface water drainage

9

(1) No development of Work Nos. 1, 9, 20, 26, 36, 45, 48, 51, 53 and 55 may commence until, for that Work No, a surface water drainage plan for permanent works relevant to that stage, in accordance with the relevant part of the outline surface water drainage strategy has been submitted to and approved by the relevant planning authority or, where applicable, the Environment Agency and/or Natural Resources Wales and/or the Lead Local Flood Authority.

(2) The surface water drainage system for each stage must be implemented in accordance with the approved details.

(3) No discharge of water under article 20 (discharge of water) must be made until details of the location and rate of discharge have been submitted to the relevant planning authority or, where applicable, the Environment Agency and/or Natural Resources Wales and/or the Lead Local Flood Authority.

Contamination land and groundwater: Part A - Stanlow

10

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