Legalize / United Kingdom / Statutory-Instrument

The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024

Type Statutory-Instrument

Publication 2024-01-16

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00039] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address and otherwise—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Procedure in relation to certain approvals etc

39

(1) Where an application is made to or request is made of, a consenting authority for any consent, agreement or approval required or contemplated by any of the provisions of the Order (not including the requirements), such consent, agreement or approval to be validly given, must be given in writing.

(2) Where paragraph (1) applies to any consent, agreement or approval, such consent, agreement or approval must not be unreasonably withheld or delayed.

(3) Schedule 11 (procedure for discharge of requirements) has effect in relation to all consents, agreements or approvals required, granted, refused or withheld in relation to the requirements.

(4) Save for applications made pursuant to Schedule 11 (procedure for discharge of requirements) and where stated to the contrary if, within eight weeks (or such longer period as may be agreed between the undertaker and the relevant consenting authority in writing) after the application or request has been submitted to a consenting authority it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request.

(5) Where any application is made as described in paragraph (1), the undertaker must include a statement in such application that refers to the timeframe for consideration of the application and the consequences of failure to meet that timeframe as prescribed by paragraph (4).

(6) Schedule 11 (procedure for discharge of requirements) does not apply in respect of any consents, agreements, or approvals contemplated by the provisions of Schedule 12 (protective provisions) or any dispute under article 32(6) (protective works to buildings) to which paragraph (4) applies.

(7) In this article “consenting authority” means the relevant planning authority, highway authority, traffic authority, street authority, the owner of a watercourse, sewer or drain or the beneficiary of any of the protective provisions contained in Schedule 12 (protective provisions).

Arbitration

40

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

(2) 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.

Guarantees in respect of payment of compensation

41

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

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

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

(2) The provisions are—

(a) article 17 (power to override easements and other rights);

(b) article 19 (compulsory acquisition of rights);

(d) article 24 (rights under or over streets);

(e) article 25 (temporary use of land for constructing the authorised development);

(f) article 26 (temporary use of land for maintaining the authorised development); and

(g) article 27 (statutory undertakers).

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

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

Electronic communications

42

(1) In this Order—

(a) references to documents, maps, plans, drawings, certificates or other documents, or to copies, include references to them in electronic form; and

(b) references to a form of communication being “in writing” include references to an electronic communication that satisfies the conditions in paragraph (2) and “written” and other cognate expressions are to be construed accordingly.

(2) The conditions are that—

(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; and

(b) the communication is—

(i) capable of being assessed by the recipient;

(ii) legible in all material respects; and

(iii) sufficiently permanent to be used for subsequent reference.

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

(4) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (5).

(5) 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 may not be less than seven days after the date on which the notice is given.

Crown rights

43

(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 licensee to take, use, enter upon or in any manner interfere with any land or rights of any description—

(a) identified as Crown land on the crown land plan;

(b) 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;

(c) 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

(d) 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.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative area of The North Yorkshire Council a nationally significant infrastructure project as defined in sections 14(1)(a) and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act, comprising—

Work No. 1—extension to an existing generating station and carbon capture plant comprising—

(a) Work No. 1A— works to modify and upgrade the existing generating station water pre-treatment plant comprising updated technology retrofitted to the existing four sedimentation tanks;

(b) Work No. 1B— works to modify, upgrade and extend the existing generating station cooling water system including—

(i) modifications, upgrades and extension to existing generating station cooling water pumps, and reconfiguration of discharge manifold;

(ii) works for the distribution and usage of cooling water within the carbon capture plant and supporting systems including—

(aa) supply lines to the carbon capture plant;

(bb) filtering equipment and heat exchangers;

(cc) biocide / chemical dosing;

(dd) pipework connections from the reconfigured discharge manifold to heat exchangers and other components of the carbon capture plant; and

(iii) return into the existing generating station cooling infrastructure comprising return lines from the carbon capture plant to the existing generating station cooling towers;

(c) Work No. 1C— works to modify, upgrade and extend the existing generating station boilers and turbines for the carbon capture plant process steam connection comprising—

(i) Work No. 1C(i)— works in connection with Unit 1 of the existing generating station including—

(aa) extraction of steam from Unit 1 of the existing generating station including either or both of (i) interconnection through a boiler tap out of the hot reheat section of the host boiler from Unit 1 of the existing generating station, and (ii) interconnection into the host turbine from Unit 1 of the existing generating station;

(bb) modifications to the boiler and/or turbine from Unit 1 of the existing generating station;

(cc) pipelines and pipeline supports carrying steam from Unit 1 of the existing generating station to the combined power turbines and/or pressure reducing de-superheating stations including drains and flash vessels; and

(dd) return of condensate from the carbon capture plant to Unit 1 of the existing generating station including pipelines and pipeline supports carrying condensate to Unit 1 of the existing generating station interconnection back into the condensate system within Unit 1 of the existing generating station;

(ii) Work No. 1C(ii)— works in connection with Unit 2 of the existing generating station including—

(aa) extraction of steam from Unit 2 of the existing generating station including either or both of (i) interconnection through a boiler tap out of the hot reheat section of the host boiler from Unit 2 of the existing generating station and (ii) interconnection into the host turbine from Unit 2 of the existing generating station;

(bb) modifications to the boiler and/or turbine from Unit 2 of the existing generating station;

(cc) pipelines and pipeline supports carrying steam from Unit 2 of the existing generating station to the combined power turbines and/or pressure reducing de-superheating stations including drains and flash vessels; and

(dd) return of condensate from the carbon capture plant to Unit 2 of the existing generating station including pipelines and pipeline supports carrying condensate to Unit 2 of the existing generating station and interconnection back into the condensate system- within Unit 2 of the existing generating station;

(iii) Work No. 1C(iii)— processing of steam from Unit 1 and Unit 2 of the existing generating station by the carbon capture plant including—

(aa) up to two combined power steam turbines and generator sets including all balance of plant and ancillaries;

(bb) up to two combined power steam turbine buildings;

(cc) up to two pressure reducing de-superheating stations;

(dd) up to two pressure reducing de-superheating stations buildings; and

(ee) a new overground pipe bridge structure carrying steam, return condensate and connecting pipework including drainage points between the combined power steam turbines and the carbon capture plant;

(d) Work No. 1D— up to two carbon dioxide capture plants for Unit 1 and Unit 2 of the existing generating station comprising—

(i) Work No. 1D(i)— absorber and quench system for the carbon capture plant for Unit 1 of the existing generating station including—

(aa) one quench column; and

(bb) one absorber column;

(ii) Work No. 1D(ii)— absorber and quench system for the carbon capture plant for Unit 2 of the existing generating station including—

(aa) one quench column; and

(bb) one absorber column;

(iii) Work No. 1D(iii)— solvent regeneration system and rich solvent / lean solvent heat exchangers for the carbon capture plant for Unit 1 of the existing generation station including—

(aa) up to two regenerators;

(bb) main process and service rack including rich solvent / lean solvent heat exchangers; and

(cc) drums and vessels;

(iv) Work No. 1D(iv)— solvent regeneration system and rich solvent / lean solvent heat exchangers for the carbon capture plant for Unit 2 of the existing generation station including—

(aa) up to two regenerators;

(bb) main process and service rack including rich solvent / lean solvent heat exchangers; and

(cc) drums and vessels;

(v) Work No. 1D(v)— supporting infrastructure for the carbon capture plant for Unit 1 of the existing generating station including—

(aa) up to two gas / gas heat exchangers;

(bb) up to four flue gas booster fans;

(cc) solvent pumps; and

(dd) monitoring and metering equipment;

(vi) Work No. 1D (vi)— supporting infrastructure for the carbon capture plant for Unit 2 of the existing generating station including—

(aa) up to two gas / gas heat exchangers;

(bb) up to four flue gas booster fans;

(cc) solvent pumps; and

(dd) monitoring and metering equipment;

(vii) Work No. 1D (vii)— common solvent storage and make-up system infrastructure for the carbon capture plants for Unit 1 and Unit 2 of the existing generating station comprising up to four bunded solvent storage compounds;

(viii) Work No. 1D (viii)— common supporting infrastructure including—

(aa) a wastewater treatment plant;

(bb) up to eight chemical storage areas;

(cc) road tanker loading and unloading areas;

(dd) all firefighting systems including up to four fire water tanks; and

(ee) works connecting Work Nos. 1D(i) to 1D(vii) to Work No. 1E and the existing generating station;

(e) Work No. 1E— carbon dioxide processing and compression plant comprising—

(i) Work No. 1E(i)— carbon dioxide processing and compression plant for the carbon capture plant for Unit 1 of the existing generating station including—

(aa) up to eight carbon dioxide gas compressors enclosed in up to four buildings; and

(bb) up to two carbon dioxide dryers and associated treatment and exporting plant including filters, conditioners, recirculating compressors, heated safety valves, oxygen removal equipment, hydrogen generation, hydrogen storage, gas detection safety systems, metering and system process vents;

(ii) Work No. 1E (ii)— carbon dioxide processing and compression plant for the carbon capture for Unit 2 of the existing generating station including—

(aa) up to eight carbon dioxide gas compressors enclosed in up to four buildings; and

(bb) up to two carbon dioxide dryers and associated treatment and exporting plant including filters, conditioners, recirculating compressors, heated safety valves, oxygen removal equipment, hydrogen generation, hydrogen storage, gas detection safety systems, metering and system process vents;

(iii) Work No. 1E (iii)— one carbon dioxide main vent stack and one silencer for the carbon capture plant for Unit 1 of the existing generating station;

(iv) Work No. 1E (iv)— one carbon dioxide main vent stack and one silencer for the carbon capture plant for Unit 2 of the existing generating station;

(f) Work No. 1F— integral electrical connections within the existing generating station and carbon capture plant including—

(i) upgrade to the existing 400 kV National Grid substation;

(ii) modifications and upgrade to the 132 kV air insulated switchgear including but not limited to circuit breakers, busbar disconnectors, and earth switches;

(iii) decommissioning and removal of existing oil-filled cabling, and installation of upgraded cabling as part of the connection from the 132 kV air insulated switchgear in Work No. 1F(ii) to the new distribution voltage infrastructure- in Work No. 1F(v);

(iv) destringing, upgrading and restringing of existing overhead lines as part of the connection from the switchgear in Work No. 1F(ii) to the new distribution voltage infrastructure in Work No. 1F(v);

(v) installation of new distribution voltage infrastructure including associated HV and LV transformers and distribution voltage cabling to and from the switchroom buildings and the combined power turbines;

(vi) installation of up to two combined power turbine power control cubicles and associated generator step-up transformers;

(vii) installation of up to thirty switchroom buildings; and

(viii) installation of facilities for storage of excess electrical power and / or for electrical load balancing.

Work No. 2— infrastructure to transport compressed carbon dioxide from Work No. 1E to storage and transport infrastructure operated by the onshore carbon pipeline operator comprising one of the following—

(a) a new carbon dioxide delivery terminal compound and pipelines including—

(i) a new underground or aboveground carbon dioxide pipeline connecting Work No.1E with this Work No. 2(a);

(ii) a pigging station;

(iii) safety valves;

(iv) monitoring and metering equipment;

(v) filters;

(vi) system process vents;

(vii) a new underground or aboveground carbon dioxide pipeline connecting this Work No. 2(a) to a terminal point within the Order limits;

(viii) trenching works; and

(ix) pipeline field marker posts and cathodic protection test / transformer rectifier unit(s); or

(b) a new carbon dioxide delivery pipeline including—

(i) a new underground or aboveground carbon dioxide pipeline connecting Work No.1E to a terminal point within the Order limits;

(ii) trenching works;

(iii) pipeline field marker posts and cathodic protection test / transformer rectifier unit(s); and

(iv) monitoring and metering equipment.

Work No. 3— supporting works in connection with and in addition to Work Nos. 1, 2 and 5 including—

(a) a new pipeline or pipelines connecting Work Nos. 1A and 1B to the existing generating station’s on-site purge chamber;

(b) surface water collection and drainage pipe works to discharge to cooling towers;

(c) modification to and refurbishment of existing electrostatic precipitators of Unit 1 and Unit 2 of the existing generating station;

(d) cable connection back to existing generating station central control room;

(e) service and pipeline connections for supply of heat to wastewater treatment plant;

(f) replacement of the main generator transformers for Unit 1 and Unit 2 of the existing generating station;

(g) other minor auxiliary infrastructure required to support the carbon capture process;

(h) ground raising and ground preparation works;

(i) electricity, water, wastewater, control and telecommunications and other services;

(j) trenching works;

(k) below ground drainage works;

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

(m) tree and hedge removal;

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

(o) civil works and support structures;

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

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

(r) site drainage and waste management infrastructure, including relocation of existing infrastructure as required.

Work No. 4— works to facilitate the safe entry and navigation of construction vehicles for the purpose of construction access to Work Nos. 1 to 5 and 7 including—

(a) road modifications;

(b) temporary removal or reinstatement of structures, features and landscaping; and

Work No. 5— temporary construction laydown areas including—

(a) car parking;

(b) areas of hardstanding;

(d) site and welfare offices, fabrication areas and workshops; and

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

Work No. 6— habitat provision area including—

(a) soft landscaping including planting;

(b) landscape and biodiversity enhancement measures; and

Work No. 7— works to create a floodplain compensation area including—

(a) partial removal of existing grassland or vegetation;

(b) earthworks to include excavation and movement of material within the floodplain compensation area; and

Work No. 8— works to facilitate the delivery of abnormal indivisible loads to the site comprising—

(a) Work No. 8A— diversion of existing electrical 11 kV overhead lines including—

(i) removal or realignment of sections of existing electrical 11 kV overhead lines;

(ii) installation of new sections of electrical 11 kV overhead lines or new sections of electrical 11 kV underground cabling;

(iii) installation of new, or relocation, or replacement, or removal of existing, electrical overhead line poles;

(iv) removal of existing infrastructure for detecting and interrupting transient faults on the electrical network;

(v) construction of new joint bays to allow connection of new electrical 11 kV underground cabling with existing electrical 11 kV underground cabling;

(vi) civil works including excavation, trenching, and reinstatement;

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

(viii) vegetation removal and landscape and habitat reinstatement measures;

(ix) works to facilitate construction access including temporary road modifications and temporary removal or reinstatement of structures, features and landscaping; and

(x) temporary construction laydown area.

(b) Work No. 8B— diversion of existing telecommunication overhead lines including—

(i) removal or realignment of sections of existing telecommunication overhead lines;

(ii) installation of new sections of telecommunication overhead lines;

(iii) installation of new, or relocation or replacement, of existing, telecommunication overhead line poles;

(iv) general civil works;

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

(vi) vegetation removal and landscape and habitat reinstatement measures;

(vii) works to facilitate construction access including temporary road modifications and temporary removal or reinstatement of structures, features and landscaping; and

(viii) temporary construction laydown area.

In connection with and in addition to Work Nos. 1 to 8 further associated development including—

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

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

(d) biodiversity measures;

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

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

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

(h) vehicle parking and cycle storage facilities;

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

(j) tunnelling, boring and drilling works,

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

SCHEDULE 2 — REQUIREMENTS

Commencement of the authorised development

1

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

Phasing of the authorised development

2

(1) No part of the authorised development (save for numbered work 8) is to commence until a written scheme setting out the phasing of construction of numbered works 1, 2, 3, 4 and 7 has been submitted to and approved by the relevant planning authority.

(2) The scheme submitted and approved pursuant to sub-paragraph (1) must confirm that the construction of any part of the authorised development would not occur in parallel with any part of the demolition of the FGD plant.

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

Notice of date of full commissioning

3

(1) Within seven days of the completion of the commissioning of numbered works 1(D)(i), (iii) and (v), the undertaker must provide the relevant planning authority with notice of the date of Unit 1 full commissioning.

(2) Within seven days of the completion of the commissioning of numbered works 1(D)(ii), (iv) and (vi), the undertaker must provide the relevant planning authority with notice of the date of Unit 2 full commissioning.

Requirement for written approval

4

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

Approved details and amendments to them

5

(1) With respect to the documents certified under article 37 (certification of plans and documents, etc), the parameters specified in the table at Schedule 14 (design parameters) and any other plans, details or schemes which require approval by the relevant planning authority pursuant to any requirement (together “Approved Documents, Plans, Parameters, Details or Schemes”), the undertaker may submit to the relevant planning authority for approval any amendments to the Approved Documents, Plans, Parameters, Details or Schemes and following any such approval by the relevant planning authority the Approved Documents, Plans, Parameters, Details or Schemes are to be taken to include the amendments approved by the relevant planning authority pursuant to this paragraph.

(2) Approval under sub-paragraph (1) for the amendments to Approved Documents, Plans, Parameters, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects which are worse than those assessed in the environmental statement.

Detailed design approval

6

(1) In relation to any part of the authorised development comprised in numbered works 1, 2, and 3, no development of that part is to commence until details of the following for that part have been submitted to and approved by the relevant planning authority—

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

(b) finished floor levels;

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

(2) The authorised development must be carried out in accordance with the parameters in Schedule 14 (design parameters) and the details submitted must accord with items D1, D2, D3, D5, D6, D7, D8, D9, D10, H1 WE1, WE2, WE3, WE4, WE5, WE7, CC1, CC2 and GHG1 of the register of environmental actions and commitments.

(3) The authorised development must be carried out and thereafter maintained in accordance with the approved details.

Provision of landscape and biodiversity mitigation and enhancement

7

(1) No phase of the authorised development or part of numbered works 5, 6 and 8 is to commence until, a written strategy for that phase or part, which is substantially in accordance with the outline landscape and biodiversity strategy, has been submitted to and, after consultation with the Environment Agency and Natural England, approved by the relevant planning authority.

(2) The strategies submitted and approved pursuant to sub-paragraph (1) must include details of—

(a) the hedgerows to be removed including-–

(i) where the hedgerows are located; and

(ii) if and how they are to be replaced,

(b) all proposed hard and soft landscaping works;

(d) enhancement measures;

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

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

(g) hard surfacing materials;

(h) a confirmation that numbered work 6 is in accordance with items G8, E2, E6, E8, E10, E11 and E14 of the register of environmental actions and commitments;

(i) an implementation timetable;

(j) annual landscaping and biodiversity management and maintenance;

(k) the ecological surveys required to be carried out prior to commencement of a numbered work, or following completion of a numbered work in order to monitor the effect of the ecological mitigation measures and the monitoring regime to be taken forward following those initial surveys; and

(l) an explanation for how the design of the numbered works comprised in the part of the authorised development, which is the subject of the strategy, has sought to minimise the biodiversity net loss as a result of the authorised development as far as reasonably practicable.

(3) Any shrub or tree planted as part of the approved strategy that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting seasons with a specimen of the same species and size as that originally planted.

(4) The strategies must be implemented in accordance with the implementation timetable and the measures implemented pursuant to the strategies maintained as approved once implemented throughout the operation of the numbered works to which they relate.

(5) For the purposes of sub-paragraph (1) a phase of the authorised development means a phase as identified in the phasing plan with respect to numbered works 1, 2, 3, 4 and 7 as approved pursuant to sub-paragraph (1) of Requirement 2.

External lighting during operation

8

(1) Prior to the earlier of date of Unit 1 full commissioning or date of Unit 2 full commissioning a written scheme for the permanent external lighting to be installed for the purposes of normal operation for numbered works 1, 2 and 3 must be submitted to and approved by the relevant planning authority.

(2) The scheme submitted and approved pursuant to sub-paragraph (1) of this requirement must be substantially in accordance with the principles set out in the draft lighting strategy and must include details of the permanent external lighting to be installed for the purposes of the operation of the relevant numbered works.

(3) The scheme must be implemented and maintained as approved.

Highway accesses during construction

9

(1) Construction of each of the accesses listed in Schedule 7 (access to works) must not commence until details of the siting, design and layout (including visibility splays and construction specification) of that access, and in respect of the accesses listed in Part 1 of Schedule 7 only, the means of reinstating the temporary means of access after construction, has been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.

(2) The highway accesses approved pursuant to sub-paragraph (1) must be constructed in accordance with the approved details.

Surface water drainage

10

(1) Each of numbered works 1, 2 and 3 of the authorised development must not commence until a surface water drainage scheme for that numbered work has been submitted to, and after consultation with the Environment Agency, lead local flood authority and relevant internal drainage board, approved by the relevant planning authority.

(2) The surface water drainage scheme submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the principles set out in sections 5 and 6 of the proposed surface water drainage strategy.

(3) The schemes must be implemented and maintained as approved throughout the operation of the numbered works to which they relate.

Flood risk mitigation

11

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

(2) No later than 20 years following the date of full commissioning, the undertaker must notify the relevant planning authority and the Environment Agency whether it anticipates that the operation of Work No. 1 will continue past the 25th anniversary of the date of full commissioning.

(3) If a notification under sub-paragraph (2) indicates that the undertaker anticipates that the operation of Work No. 1 will continue past the 25th anniversary date of full commissioning, it must, unless otherwise agreed by the Environment Agency, submit for approval to the Environment Agency—

(a) an updated flood risk assessment of the flood risk arising from the continued operation of Work No. 1 past the 25th anniversary of the date of full commissioning;

(b) the details of any mitigation or compensation measures that the flood risk assessment under sub-paragraph (a) suggests are necessary;

(c) the implementation timetable (including identifying the need for (but not requiring a specific programme for the obtaining of) any consents) for any measures identified under sub-paragraph (b); and

(d) retention proposals for any measures identified under sub-paragraph (b).

(4) The undertaker must share the details approved by the Environment Agency under sub-paragraph (3) with the relevant planning authority within 5 days of such approval being given.

(5) The undertaker must implement the measures approved under sub-paragraph (3)(b) in accordance with the implementation timetable approved under sub-paragraph (3)(c) no later than the 25th anniversary of the date of full commissioning of Work No. 1 or such other time period as is agreed with the Environment Agency and must retain them for the lifetime of Work No. 1 in accordance with the retention proposals approved under sub-paragraph (3)(d).

(6) The undertaker must not continue operation of Work No. 1 beyond the 25th anniversary of the date of full commissioning unless the Environment Agency has given its approval under sub-paragraph (3) and the undertaker has complied with sub-paragraph (4), unless otherwise agreed in writing by the Environment Agency.

(7) For the purposes of this requirement ‘the date of full commissioning’ means the earlier of the date of Unit 1 full commissioning and the date of Unit 2 full commissioning.

Ground conditions

12

(1) No part of the numbered works 1, 2, 3, 5 and 7 is to commence (including permitted preliminary works comprising demolition of existing structures, remedial work in respect of any contamination or other adverse ground conditions or the diversion and laying of services) until a written strategy in relation to the identification and remediation of any risks associated with the contamination of the Order limits associated with that numbered work has been submitted to and, after consultation with the Environment Agency, approved by the relevant planning authority.

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

(a) include a site investigation scheme, based on the preliminary risk assessment set out in appendix 11.1 of the environmental statement and providing details of the detailed risk assessment to be carried out for the receptors on or in the vicinity of the Order limits that may be affected by the authorised development;

(b) set out how the outcomes of the site investigation scheme and detailed risk assessment carried out pursuant to sub-paragraph 12(2)(a) above will be reported, and provide for the submission and approval by the relevant planning authority of an options appraisal and remediation strategy based on such outcomes and providing details of any remediation measures required and how they are to be carried out;

(c) include an earthworks specification setting out protocols for testing and limiting values to ensure that imported materials are suitable for their intended use in terms of their chemical or geotechnical quality; and

(d) include a verification plan identifying the data to be collected in order to demonstrate that the remediation measures set out in the options appraisal and remediation strategy prepared pursuant to sub-paragraph 12(2)(b) above have been completed and are effective, and any requirement for long term monitoring of pollutant linkages, maintenance or arrangements for contingency action.

(3) Prior to the date of Unit 1 full commissioning a report prepared substantially in accordance with the verification plan prepared pursuant to sub-paragraph 12(2)(d) and approved pursuant to sub-paragraph 12(1) must be submitted to and, after consultation with the Environment Agency, approved by the relevant planning authority.

(4) If, during the carrying out of numbered works 1, 2, 3, 5 and 7 contamination not previously identified is found to be present within such area(s) no further development (unless otherwise agreed in writing with the relevant planning authority) must be carried out on the area(s) on which the contamination has been found until a remediation strategy detailing how such contamination must be dealt with has been submitted to and, after consultation with the Environment Agency, approved by the relevant planning authority.

(5) No piling works comprised in the numbered works 1, 2 and 3 must commence until a piling risk assessment has been submitted to and approved by the Environment Agency.

(6) The piling risk assessment approved by the Environment Agency under sub-paragraph (5) must be provided to the relevant planning authority before commencement of numbered works 1, 2 and 3.

(7) The authorised development must be carried out in accordance with the strategy approved pursuant to sub-paragraph (1), any remediation strategy approved pursuant to sub-paragraph (4), and the piling risk assessment approved pursuant to sub-paragraph (5).

Archaeology

13

(1) Each of numbered works 5, 6 and 8 of the authorised development must not commence (including permitted preliminary works comprising intrusive archaeological surveys only) until either—

(a) a written scheme of investigation has, for that numbered work, been submitted to and approved by the relevant planning authority; or

(b) the relevant planning authority has confirmed that no written scheme of investigation is required for that numbered work.

(2) Any scheme submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with items H2, H3, H4, H5 and H6 of the register of environmental actions and commitments.

(3) Any scheme submitted and approved pursuant to sub-paragraph (1) must—

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

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

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

(a) in accordance with the approved scheme; and

(b) by a suitably qualified person or organisation approved by the relevant planning authority.

Construction environmental management plan

14

(1) No part of the authorised development is to commence (including permitted preliminary works comprising geotechnical surveys, intrusive archaeological surveys and other investigations for the purpose of assessing ground conditions, demolition of buildings and removal of plant and machinery, above ground site preparation for temporary facilities for the use of contractors, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, and site clearance (including vegetation removal, demolition of existing buildings and structures) only)), until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority, after consultation with the Environment Agency and Natural England.

(2) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the register of environmental actions and commitments.

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

Construction traffic management plan

15

(1) No part of numbered works 1, 2, 3 and 8 of the authorised development is to commence, until a construction traffic management plan has, for that part, been submitted to and, after consultation with National Highways and the highway authority, approved by the relevant planning authority.

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

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

(4) The plan must be implemented and maintained as approved throughout the construction of the authorised development.

Construction worker travel plan

16

(1) No part of numbered works 1, 2 and 3 of the authorised development is to commence until a construction worker travel plan has, for that part, after consultation with National Highways and the highway authority, been submitted to and approved by the relevant planning authority.

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

(3) The plan must be implemented and maintained as approved throughout the construction of the authorised development.

Control of noise during operation

17

(1) No part of numbered works 1, 2 or 3 is to commence until a noise mitigation scheme containing details of how the design of that numbered work has ensured that rating noise levels for normal mode of operation predicted at 1m from the façade of noise sensitive receptors as included Table 1 below will not be exceeded for that part, has been submitted to and approved by the relevant planning authority.

(2) The noise mitigation scheme must also include a set of noise limits that must not be exceeded during operation at locations that are 5m from the equipment listed below, such locations to be agreed with the relevant planning authority in the noise mitigation scheme. The equipment referred to in this sub-paragraph are—

(a) flue gas booster fans;

(b) carbon dioxide compressor buildings;

(d) combined power turbine buildings.

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

(1) Receptor	(2) Easting	(3) Northing	(3) Rating Level, LAR,Tr dB
R1, Wren Hall	467273.9	427168.2	30
R2, Long Drax	468163.8	428107.5	25
R3, Old Lodge	467515.8	428113.3	24
R4, Drax Abbey Farm	467042.9	428281.2	26
R5, Foreman’s Cottage	466842.8	428479.7	26
R6, 2 Forest Grove Barlow	465213.8	428417.7	34
R7, Brigg Lane	465054.1	426248.0	33
R8, Station Cottage	466671.9	426399.0	23
R9, Briden Bungalow	467759.4	426857.7	27
R10, Weston House	466922.8	426331.1	24
R11, Rose Cottage	468427.5	426135.4	24
R12, Brigg Farm Court	465207.2	426066.8	24
R13, Camela House	464868.2	426604.7	36
R14, Low Farm	464211.5	427351.1	35

Decommissioning environmental management plan

18

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

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

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

(a) the buildings to be demolished;

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

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

(e) the phasing of any restoration works; and

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

(4) The measures set out in the plan submitted under paragraph (1) must be consistent with the principles informing the measures that are set out in the register of environmental actions and commitments.

(5) The plan must be implemented and maintained as approved for the duration of the decommissioning of the authorised development.

Decommissioning traffic management plan

19

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

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

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

(a) route diversions; and

(b) routing of abnormal loads and HGVs.

(4) The measures set out in the plan submitted under paragraph (1) must be consistent with the principles informing the measures that are set out in the register of environmental actions and commitments.

(5) The plan must be implemented and maintained as approved for the duration of the decommissioning of the authorised development.

Local liaison committee

20

(1) The authorised development (save for numbered work 8) must not commence (including permitted preliminary works) until the undertaker has established a committee to liaise with local residents and organisations about matters relating to the construction, operation and decommissioning of the authorised development (a ‘local liaison committee’).

(2) The undertaker must invite the relevant planning authority and local parish councils, to nominate representatives to join the local liaison committee.

(3) The undertaker must supply an appropriate venue for the local liaison committee meetings to take place.

(4) The local liaison committee must—

(a) include representatives of the undertaker;

(b) meet quarterly during the construction, operation and decommissioning of the authorised development, starting within one month of commencement, unless otherwise agreed by the majority of the members of the local liaison committee.

(5) For the purposes of sub-paragraph (2) the local parish councils are Airmyn Parish Council, Barlby with Osgodby Parish Council, Barlow Parish Council, Brayton Parish Council, Bubwith Parish Council, Camblesforth Parish Council, Carlton Parish Council, Cliffe Parish Council, Drax Parish Council, Gowdall Parish Council, Hemingbrough Parish Council, Long Drax Parish Council, Newlands Parish Council, Rawcliffe Parish Council, Selby South Town Council, Selby East Town Council, Snaith and Cowick Town Council and Wressle Parish Council, unless otherwise agreed in writing by the undertaker and the relevant planning authority.

Local employment plan

21

(1) No part of the authorised development (save for numbered work 8) is to commence (including permitted preliminary works) until a local employment plan has been submitted to, and approved in writing by, the relevant planning authority.

(2) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the outline local employment plan.

(3) The plan must be implemented and maintained as approved throughout the construction, operation and decommissioning of the authorised development.

SCHEDULE 3 — LEGISLATION TO BE DISAPPLIED

1

The following provisions do not apply in so far as they relate to the construction of any numbered work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development—

(a) Great Central Railway Act 1910[^f00040];

(b) Doncaster Area Drainage Act 1929[^f00041]; and

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Streets subject to street works	(3) Description of the street works
In the District of East Riding of Yorkshire	A465	Works in the street to remove overhead power line and replace or underground it between the points marked I and J on sheet 4 of the access and rights of way plans
In the District of East Riding of Yorkshire	A614 Rawcliffe Road	Works in the street to remove overhead telecommunications line and replace it with one telecommunications line installed at an increased height above ground level between the points marked K and L on sheet 4 of the access and rights of way plans
In the District of East Riding of Yorkshire	A614 Rawcliffe Road	Works in the street to remove overhead power line and underground it between the points marked M and N on sheet 5 of the access and rights of way plans

SCHEDULE 5 — ALTERATION OF STREETS

PART 1 — TEMPORARY ALTERATION OF LAYOUT

(1) Area	(2) Streets subject to alteration of layout	(3) Description of alteration
In the District of The North Yorkshire Council	A465	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked E and F on sheet 2 of the access and rights of way plans
In the District of The North Yorkshire Council	A465 roundabout	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked G and H on sheet 2 of the access and rights of way plans
In the District of East Riding of Yorkshire / the District of The North Yorkshire Council	A465	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked H and J on sheets 2, 3 and 4 of the access and rights of way plans
In the District of East Riding of Yorkshire	A614 / A465 roundabout	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked J and K on sheet 4 of the access and rights of way plans
In the District of East Riding of Yorkshire	A614	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked M and N on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	Rawcliffe Road	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked N and O on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	M62 carriageway	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked P and Q on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	M62 carriageway	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked Q and S on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	M62 carriageway	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked O and R on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	M62 carriageway	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked R and S on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	M62 carriageway	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked R and T on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	A161 / Rawcliffe Road roundabout	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked O and P on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	A161 roundabout	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked S and T on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	A161	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked T and U on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	Elite Road	Works in the street to remove, modify and replace street furniture on the south side of Elite Road between the points marked SS and TT on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	Tom Pudding Way / A161 roundabout	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked U and V on sheet 6 of the access and rights of way plans
In the District of East Riding of Yorkshire	Anderson Way / Tom Pudding Way	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked V and W on sheets 5 and 6 of the access and rights of way plans
In the District of East Riding of Yorkshire	Normandy Way / Anderson Road	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked W and X on sheet 6 of the access and rights of way plans
In the District of East Riding of Yorkshire	Normandy Way	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked X and Y on sheet 6 of the access and rights of way plans
In the District of East Riding of Yorkshire	Bridge Street / Normandy Way	Works in the street to remove, modify and restore street furniture and trim vegetation between the points marked Y and Z on sheet 6 of the access and rights of way plans
In the District of East Riding of Yorkshire	Bridge Street	Works in the street to remove, modify and restore street furniture (and gate) and trim vegetation between the points marked CC and DD on sheet 6 of the access and rights of way plans.

PART 2 — PERMANENT ALTERATION OF LAYOUT

(1) Area	(2) Streets subject to alteration of layout	(3) Description of alteration
In the District of East Riding of Yorkshire	A465	Works to alter an existing private means of access to create a new permanent means of access on the east side of the A645 within the area shaded orange between the points marked II and JJ on sheet 4 of the access and rights of way plans
In the District of East Riding of Yorkshire	A614 Rawcliffe Road	Works for the provision a new private means of access on the south side of the A614 Rawcliffe Road within the area shaded orange between the points marked LL and KK on sheet 4 of the access and rights of way plans
In the District of East Riding of Yorkshire	A614 Rawcliffe Road	Works to alter an existing private means of access to create a new permanent means of access on the south side of the A614 Rawcliffe Road within the area shaded orange between the points marked OO and PP on sheet 5 of the access and rights of way plans

SCHEDULE 6 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED

(1) Area	(2) Public right of way	(3) Description of temporary closure etc.
In the District of The North Yorkshire Council	Public footpath 35.6/6/1	Between the points marked AA and BB on sheet 2 of the access and rights of way plans
In the District of East Riding of Yorkshire	Public footpath AIRMF03	Between the points marked II and QQ on sheet 4 of the access and rights of way plans

SCHEDULE 7 — ACCESS TO WORKS

PART 1 — TEMPORARY MEANS OF ACCESS TO WORKS

(1) Area	(2) Street	(3) Description of relevant part of access
In the District of The North Yorkshire Council	New Road	The temporary construction access on the north side of the A645 between the points marked E and F on sheet 2 of the access and rights of way plans
In the District of The North Yorkshire Council	New Road	The temporary construction access on the east side of New Road between the points marked A and B on sheets 1 and 2 of the access and rights of way plans
In the District of The North Yorkshire Council	New Road	The temporary construction access on the east side of New Road between the points marked C and D on sheet 2 of the access and rights of way plans

PART 2 — PERMANENT MEANS OF ACCESS TO WORKS

(1) Area	(2) Street	(3) Description of relevant part of access
In the District of East Riding of Yorkshire	A645	Works to alter an existing private means of access to create a new permanent means of access on the east side of the A645 within the area shaded orange between the points marked II and JJ on sheet 4 of the access and rights of way plans
In the District of East Riding of Yorkshire	A614 Rawcliffe Road	Works to alter an existing private means of access to create a new permanent means of access on the south side of the A614 Rawcliffe Road within the area shaded orange between the points marked LL and KK on sheet 4 of the access and rights of way plans
In the District of East Riding of Yorkshire	A614 Rawcliffe Road	The construction of a new permanent means of access on the north side of the A614 Rawcliffe Road within the area shaded orange between the points marked MM and NN on sheet 5 of the access and rights of way plans
In the District of East Riding of Yorkshire	A614 Rawcliffe Road	Works to alter an existing private means of access to create a new permanent means of access on the south side of the A614 Rawcliffe Road within the area shaded orange between the points marked OO and PP on sheet 5 of the access and rights of way plans

SCHEDULE 8 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED OR IN WHICH RIGHTS MAY BE EXTINGUISHED

PART 1 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Interpretation

1

In this Schedule—

“Work No. 1F and 3 infrastructure” means any works or development comprised within Work Nos. 1F and 3, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work Nos. 1F and 3 on the works plans;

“Work No. 6 planting” means the soft landscaping including planting, landscape and biodiversity enhancement measures and security fencing, gates, boundary treatment and other means of enclosure to be provided on the habitat provision area and comprised within Work No. 6, including any other necessary works or development permitted in respect of such habitat provision area within the area delineated as Work No. 6 on the works plans;

“Work No. 8A infrastructure” means any works or development comprised within Work No. 8A infrastructure, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No.8A on the works plans; and

“Work No. 8B infrastructure” means any works or development comprised within Work No 8B infrastructure, ancillary apparatus and any other necessary works or development permitted within the area delineated as Work No.8B on the works plans. (1) Number of plot shown on the land plans (2) Rights etc. which may be acquired 01-20, 01-21, 01-22, 01-23, 01-25For and in connection with the Work No. 1F and 3 infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 1F and 3 infrastructure, together with the right to install, retain, use and maintain the Work No. 1F and 3 infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 1F and 3 infrastructure, or interfere with or obstruct access from and to the Work No. 1F and 3 infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.01-01, 01-02, 01-03, 01-04, 01-05, 01-06, 01-07, 01-08, 01-09, 01-10, 01-11, 01-12, 01-13For and in connection with the Work No. 6 planting, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and repass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with improvement, reinstatement, installation, implementation, retention, removal, relocation and maintenance of the Work No. 6 planting, together with the right to retain, maintain, inspect and replant the Work No. 6 planting, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 6 planting, or interfere with or obstruct access from and to the Work No. 6 planting.01-45, 01-61, 01-66, 01-70, 01-72, 01-74For and in connection with the Work No. 8A infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 8A infrastructure together with the right to install, retain, use and maintain the Work No. 8A infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 8A infrastructure, or interfere with or obstruct access from and to the Work No. 8A infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.01-52, 01-53, 01-54, 01-55For and in connection with the Work No. 8A infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 8A infrastructure.01-76, 01-85, 01-86, 01-87, 01-92, 01-93, 01-121, 01-122For and in connection with the Work No. 8B infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 8B infrastructure together with the right to install, retain, use and maintain the Work No. 8B infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 8B infrastructure, or interfere with or obstruct access from and to the Work No. 8B infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.01-96, 01-106, 01-108, 01-115, 01-118For and in connection with the Work No. 8A infrastructure, the right to create or improve accesses and a right for the undertaker and all persons authorised on its behalf to enter, pass and re-pass, on foot, with or without vehicles, plant and machinery, for all purposes in connection with the laying, installation, use and maintenance of the Work No. 8A infrastructure together with the right to install, retain, use and maintain the Work No. 8A infrastructure, and a right of support for it, along with the right to prevent any works on or uses of the land which may interfere with or damage the Work No. 8A infrastructure, or interfere with or obstruct access from and to the Work No. 8A infrastructure, including the right to prevent or remove the whole of any building, or fixed or moveable structure, tree, shrub, plant or other thing, and the right to prevent or remove any works or uses which alter the surface level, ground cover or composition of the land.

PART 2 — LAND IN WHICH RIGHTS MAY BE EXTINGUISHED

(1) Number of plot shown on the land plans	(2) Rights etc. which may be extinguished
01-17	Extinguishment of existing rights in order to facilitate construction and operation of Work Nos. 2, 3, 4, 5 and 6
01-18	Extinguishment of existing rights in order to facilitate construction and operation of Work Nos. 2, 3, 4 and 5
01-19	Extinguishment of existing rights in order to facilitate construction and operation of Work Nos. 1, 2, 3, 4, 5 and 6
01-24	Extinguishment of existing rights in order to facilitate construction and operation of Work Nos. 1F, 3, 4 and 5
01-78, 01-80, 01-90	Extinguishment of existing rights relating to existing telecommunications apparatus

SCHEDULE 9 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00043] has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5—

(a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

3

(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) In section 5A(5A) (relevant valuation date), omit the words after “if—” and substitute—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 9 to the Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 9 to the Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 202*) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as modified by article 23 (modification of Part 1 of the Compulsory Purchase Act 1965), applies to the compulsory acquisition of a right by the creation of a new right under article 19 (compulsory acquisition of rights)—

(a) with the modifications specified in paragraph 5; and

(b) with such other modifications as may be necessary.

5

(1) The modifications referred to in paragraph 4(a) are as follows—

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable, or the restriction is to be enforceable.

(3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11 (powers of entry)[^f00044] of the 1965 Act is modified to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section, it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 11A (powers of entry: further notices of entry)[^f00045], 11B (counter-notice requiring possession to be taken on specified date)[^f00046], 12 (penalty for unauthorised entry)[^f00047] and 13 (refusal to give possession to acquiring authority)[^f00048] of the 1965 Act are modified correspondingly.

(6) Section 20 (tenants at will, etc.)[^f00049] of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as it actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 23(4) (modification of Part 1 of the Compulsory Purchase Act 1965) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or restrictive covenant imposed, subject to compliance with that section as respects compensation.

(8) For Schedule 2A (counter notice requiring purchase of land not in notice to treat) to the 1965 Act substitute—

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