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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Reform history JSON API

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 27 (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 27 (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 article 28 (apparatus and rights of statutory undertakers in affected streets) or Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this article—

“public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003³⁴; and

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

Compulsory acquisition of land – incorporation of the mineral code

30

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981³⁵ are incorporated into this Order subject to the modifications that—

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

(b) for “the acquiring authority” substitute “the undertaker”; and

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

31

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

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

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

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

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

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

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

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

(6) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997³⁶.

Protective works to buildings

32

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

(2) Protective works may be carried out—

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

(b) after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of five years beginning with the later of the date of Unit 1 full commissioning and the date of Unit 2 full commissioning.

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

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

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

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

(5) Before exercising—

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

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

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

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in case falling within sub-paragraph (a), (c) or (d) specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (5)(c) or (5)(d) the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 40 (arbitration).

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

(8) Where—

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

(b) within the period of five years beginning with the later of the date of Unit 1 full commissioning and the date of Unit 2 full commissioning it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development,

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

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

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

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

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

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

PART 7 — MISCELLANEOUS AND GENERAL

Protective provisions

33

Schedule 12 (protective provisions) has effect.

Application of landlord and tenant law

34

(1) This article applies to—

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

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

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

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

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

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

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

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

Operational land for purposes of the 1990 Act

35

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 operational land) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

36

(1) Where proceedings are brought under section 82(1) (summary of proceedings by a person aggrieved by statutory nuisance) of the Environmental Protection Act 1990³⁷ in relation to a nuisance falling within section 79(1) (statutory nuisances and inspections therefore) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance or decommissioning of the authorised development and that the nuisance is attributable to the construction or maintenance of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), or section 65 (noise exceeding registered level) of the Control of Pollution Act 1974³⁸; or

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

(iii) is a consequence of the use of the authorised development and that it cannot be reasonably avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 and section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded) of that Act, do not apply where the consent relates to the use of premises by the undertaker for the purposes of, or in connection with the construction, maintenance or decommissioning of the authorised development.

Certification of plans and documents, etc.

37

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans listed in the table at Schedule 13 (documents and plans to be certified) for certification that they are true copies of the documents referred to in this Order.

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

Service of notices

38

(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 1978³⁹ 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’).

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