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The North Lincolnshire Green Energy Park Order 2025

Type Statutory-Instrument

Publication 2025-03-13

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

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

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

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

(4) The undertaker is not required to comply with paragraph (3) in a case of emergency and if an emergency exists they must—

(a) give to the owners and occupiers of the land in question notice of its intended entry or (as the case may be) of its having entered onto the land as soon as is reasonably practicable; and

(b) comply with paragraph (1) so far as is reasonably possible in the circumstances.

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

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

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

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

(9) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (7).

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

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

(12) In this article “the maintenance period” means the period of 5 years beginning with the date on which the authorised development first exports electricity to the national electricity transmission network.

Statutory undertakers

34

Subject to the provisions of Schedule 14 (protective provisions) the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plan within the Order land; and

(b) extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Apparatus and rights of statutory undertakers in stopped up streets

35

(1) Where a street is stopped up under article 14 (permanent stopping up of streets), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 14 (permanent stopping up of streets) any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

(a) the execution of the relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)—

(a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of paragraph (4) is to be reduced by the amount of that excess.

(5) For the purposes of paragraph (5)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (4) (and having regard, where relevant, to paragraph (5)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) Paragraphs (4) to (7) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(b) the allowable costs are to be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.

(8) In this article—

“relocation works” means work executed, or apparatus provided, under paragraph (2); and

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) of the 2003 Act.

Recovery of costs of new connections

36

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 34 (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 34 (statutory undertakers) any person who is—

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

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

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

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

(4) In this paragraph—

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

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

PART 5 — SUPPLEMENTAL POWERS

Discharge of water

37

(1) Subject to paragraphs (3) and (4) the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991³⁰.

(3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose.

(4) The undertaker must not make any opening into any public sewer or drain pursuant to paragraph (1) except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(5) Except as authorised under this Order, the undertaker must not, in constructing or maintaining works, damage or interfere with the bed or banks of any watercourse forming part of a main river.

(6) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(7) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters requires a licence under the Environmental Permitting (England and Wales) Regulations 2016³¹.

(8) In this article expressions excluding “public sewer or drain” and “watercourse”, used both in this article and in the Water Resources Act 1991³², have the same meaning as in that Act.

Authority to survey and investigate the land

38

(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and—

(a) survey or investigate the land;

(b) without prejudice to the generality of sub-paragraph (a), make trial holes or boreholes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(c) without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes and boreholes.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article on behalf of the undertaker—

(a) must, if so required on entering the land, produce written evidence of their authority to do so; and

(b) may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes and boreholes.

(4) No trial holes or boreholes are to be made under this article—

(a) in land located within the highway boundary without the consent of the highway authority; or

(b) in a private street without the consent of the street authority.

(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

PART 6 — OPERATIONS

Felling or lopping of trees

39

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

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

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

(2) In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and 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 (determination of questions of disputed compensation) of the 1961 Act.

(4) Save in an emergency, the undertaker must not enter any land under paragraph (1) without serving a notice of the intended entry on the owners and occupiers of that land and, where the land is a highway maintainable at the public expense, on the highway authority.

(5) The notice under paragraph (5) must be served no less than 14 days before entering the land.

(6) In carrying out any activity authorised by paragraph (1) the duty contained in section 206(1) (replacement of trees) of the 1990 Act does not apply.

Removal of hedgerows

40

(1) The undertaker may, for the purposes of carrying out the authorised development—

(a) remove any hedgerows within the Order limits and specified in Part 1 of Schedule 13 (hedgerows);

(b) remove any important hedgerows within the Order limits and specified in Part 2 of Schedule 13 (important hedgerows); and

(c) without limitation on the scope of sub-paragraph (a), and with the consent of the local authority in whose area the hedgerow is located, remove or translocate any hedgerow within the Order limits.

(2) The grant of consent of a local authority in terms of paragraph (1)(c) must not be unreasonably withheld.

(3) If a local authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (1)(c) the local authority is deemed to have granted consent.

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

(5) Any dispute as to a person’s entitlement to compensation under paragraph 39(2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997³³.

PART 7 — MISCELLANEOUS AND GENERAL

Removal of human remains

41

(1) Before the undertaker carries out any development or works which will or may disturb any human remains in the specified land, it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

(2) Before any such remains are removed from the specified land, the undertaker must give notice of the intended removal, describing the specified land and stating the general effect of the following provisions of this article, by—

(a) publishing a notice once in each of two successive weeks in a newspaper circulating in the area of the authorised development; and

(b) displaying a notice in a conspicuous place on or near to the specified land for a minimum of 28 days.

(3) As soon as reasonably practicable after the first publication of a notice under paragraph (2), the undertaker must send a copy of the notice to the relevant planning authority.

(4) At any time within 56 days after the first publication of a notice under paragraph (2) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

(5) Where a person has given notice under paragraph (4), and the remains in question can be identified, that person may cause such remains to be—

(a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

(b) removed to, and cremated in, any crematorium,

and that person must, as soon as reasonably practicable after such re-interment or cremation provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (10).

(6) If the undertaker is not satisfied that any person giving notice under paragraph (4) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

(7) The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under powers conferred by this article.

(8) If—

(a) within the period of 56 days referred to in paragraph (4) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land;

(b) such notice is given and no application is made under paragraph (6) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days;

(c) within 56 days after any order is made by the county court under paragraph (6) any person, other than the undertaker, specified in the order fails to remove the remains; or

(d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (9) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves must be reinterred in individual containers which must identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

(9) If the undertaker is satisfied that any person giving notice under paragraph (4) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

(10) On the re-interment or cremation of any remains under powers conferred by this article—

(a) a certificate of re-interment or cremation must be sent by the undertaker to the Registrar General giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

(b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (8) must be sent by the undertaker to the relevant planning authority.

(11) The removal of the remains of any deceased person under powers conferred by this article must be carried out in accordance with any directions which may be given by the Secretary of State.

(12) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

(13) In this article, “the specified land” means any land within the Order limits.

Protective provisions

42

Schedule 14 (protective provisions) has effect.

Application of landlord and tenant law

43

(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

44

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act in relation to the land in respect of which Work Nos. 1, 1A, 1B, 1D, 10, 11 and 14 are authorised.

Defence to proceedings in respect of statutory nuisance

45

(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990³⁴ in relation to a nuisance falling within paragraphs (b), (c), (d), (fb) and (g) of section 79(1) (statutory nuisances and inspections therefor) 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 carrying out 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) of the Control of Pollution Act 1974³⁵; or

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

(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2) Section 61(9) (prior consent for work on construction sites) of the Control of Pollution Act 1974 does not to apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Certification of plans, etc.

46

(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 referred to in Schedule 15 (documents and plans to be certified) for certification that they are true copies of those documents.

(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.

(3) Where a plan or document certified under paragraph (1)—

(a) refers to a provision of this Order (including in specified requirement) when it was in draft form; and

(b) identifies that provision by number, or combination of numbers and letters, which is different from the number, or combination of numbers and letters by which the corresponding provision of this Order is identified in the Order made,

the reference in the plan or document concerned must be construed for the purpose of this Order as referring to the provision (if any) corresponding to that provision in the Order as made.

Service of notices

47

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978³⁶ as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (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 that 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 purposes 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) 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.

48

(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, such consent, agreement or approval, if given, must (unless contrary provision is made in Part 2 of Schedule 1 or in Schedule 14) be given in writing and must not be unreasonably withheld.

(2) If, within eight weeks after the application or request has been submitted to an authority or an owner as referred to in paragraph (1) of this article (or such longer period as may be agreed in writing with the undertaker) it has not notified the undertaker of its decision (and if it is a disapproval the grounds of disapproval), it is deemed to have approved the application or request.

(3) Paragraph (2) does not apply in relation to—

(a) applications made in relation to requirements; or

(b) applications or requests made pursuant to any article in this Order which provides for deemed consent other than in accordance with paragraph (2).

Arbitration

49

(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, including the requirements, shall not be subject to arbitration.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

PART 1 — AUTHORISED DEVELOPMENT

In the Borough of North Lincolnshire

1

A nationally significant infrastructure project as defined in sections 14(1)(a) (nationally significant infrastructure projects: general) and 15 (generating stations) of the 2008 Act and associated development within the meaning of section 115(2) (development for which development consent may be granted), comprising the following development and works—

Energy park: ERF infrastructure

Work No. 1 – an electricity generating station located on land at Flixborough Wharf, Lincolnshire, fuelled by refuse derived fuels, with a capacity to process up to 760,000 tonnes of refuse derived fuel per annum, with a gross generation capacity of up to 95 megawatts at ISO conditions comprising the following works—

(a) fuel reception and storage facilities, consisting of vehicle ramps, a tipping hall, shredder, bunker hall and cranes;

(b) a combustion system housed within a boiler hall, consisting of three combustion lines and associated boilers;

(d) a bottom ash handling system, including an ash conveyor housed within a bottom ash hall connecting to Work No. 2;

(e) a flue gas treatment system, including residue and reagent silos housed within a flue gas treatment hall;

(f) a silo or tank for the storage of ammonia reagents;

(g) district heating equipment;

(h) a tank for the storage of fuel oil;

(i) a compressed air system;

(j) a process effluent storage tank;

(k) a switchyard including a sub-station and battery storage;

(l) a transformer compound containing the generator transformer;

(m) utility connections within the works limits;

(n) pipe racks, pipe runs and cabling;

(o) fire water pump house and fire water tank;

(p) internal vehicle access roads, crossings and pedestrian and cycle facilities and routes;

(q) administration offices and control room, security gatehouse, barriers and enclosures;

(r) elevated walkway connected to Work Nos. 1C, 2 and 6;

(s) weighbridges;

(t) car parking;

(u) a demineralised water treatment plant and demineralised water storage tanks;

(v) indoor storage tanks for boiler water treatment chemicals;

(w) a back-up generator;

(x) trade effluent treatment plant; and

(y) two visual barriers.

Work No. 1A –three emissions stacks, consisting of ERF stack windshield, back up boilers stack windshield and back-up generator stack, and associated emissions monitoring system.

Work No. 1B –carbon capture utilisation and storage facility capable of capturing at least 54,387 tonnes of CO² per annum including carbon dioxide storage tanks.

Work No. 1C –associated development being a visitors centre containing offices, exhibition space and visitor accommodation with elevated walkway connected to Work Nos. 1, 2 and 6.

Work No. 1D –a cooling system consisting of air-cooled condensers or air blast chillers.

Work No. 2 comprising associated development—

(z) a bottom ash and flue gas residue handling and treatment facility;

(aa) a concrete block manufacturing facility; and

(bb) offices and elevated walkway connected to Work Nos 1, 1C and 6.

Rail infrastructure

Work No. 3 –associated development being reinstatement of the railway line between Flixborough Wharf and the Dragonby sidings including new sidings and two footbridges across the railway line and three user worked crossings.

Work No. 4 –associated development being a railhead, sidings and associated equipment to allow loading and unloading.

Energy park: supporting infrastructure

Work No. 5 –associated development being a new access road linking the B1216 and Stather Road, stopping up of the section of Stather Road between Neap House and Bellwin Drive, improvements to footpaths and the junction between the B1216 and A1077 and section of elevated walkway that connects to Work Nos. 1, 1C, 2 and 6.

Work No. 7 –associated development being a hydrogen electrolyser, associated infrastructure, equipment required to inject hydrogen into the gas grid.

Work No. 8 –associated development being an electric and hydrogen vehicle refuelling station, with hydrogen production and equipment required to inject hydrogen into the gas grid and offices.

Work No. 9 –associated development being a battery storage facility capable of peak discharge of 30MWe, with associated infrastructure including site roads, offices, control equipment, transformers and rectifiers.

DHPWN

Work No. 10 –associated development being private wire networks linking Work No. 1 with Work No. 2, Work No. 6, Work No. 7, Work No. 8, Work No. 9 and to end users outside of the Order limits.

Landscaping, mitigation and utility works

Work No. 12 –associated development being hard and soft landscaping and the construction of landscape features including a wetland area and ecological mitigation works.

Work No. 15B –associated development being construction access, temporary laydown areas to allow for storage of materials and working areas in connection with Work Nos. 1-14.

2 In connection with and in addition to Work Nos. 1, 1A to 1D and 2 to 14, to the extent that they do not otherwise form part of any such work, other associated development within the Order limits, being associated development within the meaning of section 115(2) of the 2008 Act (development for which development consent may be granted), including— a temporary lighting, including lighting columns; b security fencing, gates, boundary treatment and other means of enclosure; c closed circuit television cameras and columns and other security measures; d surface and foul water drainage systems, oil-water separators, including channelling, culverting, crossings and works to existing drainage ditches and systems; e electric, gas, water, telecommunication and other infrastructure connections and works, and works to alter such services and utilities connections; f hard and soft landscaping; g biodiversity mitigation and enhancement measures; h site establishment and preparation works, including site clearance (including vegetation removal); earthworks (including soil stripping and storage and site levelling) and excavations; temporary fencing; the creation of temporary construction access points; and the temporary alteration of the position of services and utilities apparatus and connections; i vehicle access roads, crossings, parking, and pedestrian and cycle facilities and routes, and such other works as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the works in this Schedule 1 which do not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

PART 2 — PARAMETERS TABLE

(1) Component	(1) Component	(2) Maximum dimensions (m)	(2) Maximum height above Finished Floor Level (FFL) (m)	(2) Maximum height AOD (m)
ERF (Work No. 1)	Tipping hall	87.5 x 60	31	37.6
	Bunker hall	92 x 40	43	49.6
	Boiler hall	105 x 60	55	61.6
	Flue gas treatment hall	41 x 60	45	51.6
	Turbine hall	80 x 37	25	31.6
	Bottom ash hall	37 x 37	25	31.6
	Transformer compound	52 x 22	10	16.6
	Switchyard	93 x 44	10	14.6
	Offices and admin facilities	30 x 100	43	49.6
	Fire water tank	11.3 diameter	19.3	25.9
	Fire water pumphouse	6 x 6	6.5	13.1
	Gatehouses	32 x 12	5	11.6
	Visual barriers		4.5	11.1

ERF stack windshield (Work No. 1A)	ERF stack windshield (Work No. 1A)	10 diameter	120	126.6
Back up boilers stack windshield (Work No. 1A)	Back up boilers stack windshield (Work No. 1A)	3 diameter	53	59.6
Back-up generator stack (Work No. 1A)	Back-up generator stack (Work No. 1A)	0.85 diameter	55	61.6
Carbon capture utilisation and storage facility (Work No. 1B)	Carbon capture utilisation and storage facility (Work No. 1B)	79 x 66	50	56.6
Carbon dioxide storage tanks (Work No. 1B)	Carbon dioxide storage tanks (Work No. 1B)	28 x 20	20	26.6
Visitor centre (Work No. 1C)	Visitor centre (Work No. 1C)	41 x 36	16	19.05
Elevated walkway (Work No. 1 and 1C)	Elevated walkway (Work No. 1 and 1C)	700 x 4	12	17.05
Air-cooled condensers/Air blast chillers (Work No. 1D)	Air-cooled condensers/Air blast chillers (Work No. 1D)	75 x 35	50	56.6
RHTF and CBMF (Work No. 2)	process building and storage areas	280 x 130	25	30.1
	Admin buildings	62 x 10	21	26.1
Rail Infrastructure (Work No. 3)	Footbridge No. 1			55.385
Rail Infrastructure (Work No. 3)	Footbridge No. 2			48.561
Access road (Work No. 5)	Access road (Work No. 5)			5.2
Plastic recycling facility (Work No. 6)	Pre-processed material storage	65 x 35	10	13.9
	Heat exchange building	35 x 17	15	18.9
	Post processed storage	5 x 16.4	15	18.9
	Electrical rooms	15 x 7	10	13.9
	Process building	130 x 80	25	28.9
	Admin building	62 x 10	21	24.9
Hydrogen electrolyser (Work No. 7)	Northern Gas AGI	60 x 60	5	9.6
Hydrogen electrolyser (Work No. 7)	Northern hydrogen production and storage facility	100 x 25	8	12.6
Vehicle refuelling station (Work No. 8)	Vehicle refuelling station (Work No. 8)	95 x 80	12.5	15.5
Hydrogen refuelling station (Work No. 8)	Southern Gas AGI	60 x 60	5	10.1
Hydrogen refuelling station (Work No. 8)	Southern hydrogen production and storage facility	100 x 25	8	11.6
Battery storage facility (Work No. 9)	Battery storage facility (Work No. 9)	115 x 58	8.5	11.5

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

“coming into operation” or “come into operation” means the date on which the commissioning of the relevant part of the authorised development is completed so that that part becomes operational;

“combined heat and power assessment” means the document of that name identified in Schedule 15 and which is certified by the Secretary of State as the combined heat and power assessment for the purposes of this Order under article 46;

“commissioning” means the process of assuring that all systems and components of any phase of the authorised development as the context requires, are tested to verify that they function and are operable in accordance with the design objectives, specifications and operational requirements of the undertaker;

“energy park works” means Work Nos. 1, 1A, 1B, 1C, 1D, 2, 6, 7, 8, 9 and 12;

“PPDW CEMP” means a permitted preliminary development works construction environmental management plan as described in section 5.3 of the CoCP;

“operation” or “operational” means the operational running of the relevant part of the authorised development;

“northern spur” means the part of the district heating network (Work No. 11) along the B1216 and A1077 on works plans B4, running east across works plans B5 and B6 and ending with either option A on works plans B7 or option B on works plans B8, in accordance with article 24 (compulsory acquisition of land);

“railway reinstatement works” means Work Nos. 3 and 4;

“waste area” means the area shown on the waste area plan; and

“waste area plan” means the document named the east midlands waste area plan identified in Schedule 15 and which is certified by the Secretary of State as the waste area plan for the purposes of this Order under article 46.

Commencement and phasing of the authorised development and notices

2

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

(2) The authorised development must not be commenced until a written scheme setting out the proposed phasing of the authorised development has been submitted to and approved by the relevant planning authority and the approved phasing scheme must be complied with thereafter.

(3) The undertaker must notify the relevant planning authority within seven days of each of the following events occurring—

(a) the start of commissioning of any part of the authorised development; and

(b) the coming into operation of any part of the authorised development.

Detailed design

3

(1) In relation to any part of the authorised development no development of that part may commence, save for any preliminary works, until details of the following have been submitted to and approved by the relevant planning authority—

(a) the siting, design, external appearance and dimensions of all buildings and structures comprising the authorised development which are to be retained;

(b) the colours, materials and surface finishes of all new permanent buildings and structures referred to in sub-paragraph (a);

(d) grounds levels and heights of all permanent buildings and structures.

(2) The details submitted and approved under sub-paragraph (1) must be in accordance with the design process and codes set out in the design principles and codes, and the flood risk assessment and must take into account any results of preliminary ground investigations, including ongoing archaeological investigations, topographical surveys and ground gas monitoring.

(3) The authorised development must be carried out in accordance with the details approved under sub-paragraph (1) for the relevant part of the authorised development.

Environmental management

4

(1) The preliminary works may not commence until a PPDW CEMP has been submitted to and approved by the relevant planning authority and the preliminary works must be carried out in accordance with the approved PPDW CEMP unless otherwise agreed in writing by the relevant planning authority.

(2) No part of the authorised development may commence, save for the preliminary works, until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority following consultation with the Environment Agency and Natural England to the extent the construction environmental management plan relates to matters relevant to their functions.

(3) The construction environmental management plan submitted and approved must be in accordance with the CoCP and incorporate the following—

(a) dust management plan;

(b) remediation strategy;

(d) asbestos management plan;

(e) construction flood management plan;

(f) construction waste management plan;

(g) protected species management plan;

(h) invasive non-native species management plan;

(i) soil management plan;

(j) community relations plan;

(k) construction noise and vibration management plan;

(l) construction ornithology management plan; and

(m) piling and foundation works management plan.

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

(5) No part of the energy park works or railway reinstatement works may come into operation until a detailed operational environmental management plan for that part has been submitted to and approved by the relevant planning authority to the extent that such a plan is necessary to supplement the environmental management system required under the environmental permit.

(6) The detailed operational environmental management plan submitted and approved must be in accordance with the OEMP.

(7) The detailed operational environmental management plan in respect of the energy park works must also be in accordance with any conditions in the environmental permit and incorporate the following (to the extent such matters are not covered in the environmental management system required under the environmental permit)—

(a) noise management plan;

(b) waste management plan; and

(8) The maintenance and operation of the authorised development must be carried out in accordance with the approved detailed operational environmental management plan for the relevant part of the authorised development unless otherwise agreed with the relevant planning authority.

(9) No part of the energy park works may come into operation until either:

(a) the undertaker has submitted to the relevant planning authority a report which demonstrates that the emissions from the authorised development will not exceed 1% of the critical load of acid deposition for the authorised development alone on the Risby Warren SSSI and the relevant planning authority, in consultation with Natural England, has approved the report; or

(b) the undertaker has secured alternative adequate mitigation or compensation of the identified residual effects at the Risby Warren SSSI arising from the authorised development alone and this mitigation or compensation has been approved by the relevant planning authority, in consultation with Natural England.

Lighting scheme

5

(1) No part of the energy park works or railway reinstatement works may come into operation until a scheme for all permanent external lighting has been submitted to and approved by the relevant planning authority.

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

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

Landscape design

6

(1) No part of the energy park works or railway reinstatement works may commence until a landscaping scheme has been submitted to and approved by the relevant planning authority following consultation with Natural England to the extent the landscaping scheme relates to matters relevant to their functions.

(2) The scheme submitted and approved under sub-paragraph (1) must be in accordance with the indicative landscape and biodiversity plans, the plans in appendix I (biodiversity net gain report) of the ecology and nature conservation chapter of the environmental statement in order to deliver the biodiversity net gain, and design process and codes set out in the design principles and codes and must include details of all hard and soft landscaping works, including—

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

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

(d) an implementation plan; and

(e) a future maintenance plan.

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

Landscape and ecology management

7

(1) No part of the energy park works or railway reinstatement works may come into operation until a landscape and biodiversity management and monitoring plan for that part has been submitted to and approved by the relevant planning authority following consultation with Natural England to the extent the landscape and biodiversity management and monitoring plan relates to matters relevant to their functions.

(2) The landscape and biodiversity management and monitoring plan submitted and approved must be in accordance with the principles in the outline LBMMP and must include an implementation timetable, including monitoring and maintenance activities.

(3) The plan approved under sub-paragraph (1) must be implemented and delivered as approved and in accordance with the approved timetable.

Water Resources Assessment

8

(1) No part of the energy park works may commence, save for the preliminary works, until a Water Resources Assessment is submitted to and agreed with Anglian Water following consultation with the Environment Agency on matters relating to their function and subsequently approved by the relevant planning authority. The Water Resources Assessment will include a scheme to deal with the supply of water during both construction and operation of the authorised development including final process design, maximum daily demand, and water efficiency measures.

(2) The scheme submitted and approved under sub-paragraph (1) must be in accordance with the environmental statement and for the operational water supply must be included in the operational environmental management plan submitted pursuant to Requirement 4(5) – (7) and for the construction water supply must be included in an update to the construction environment management plan submitted pursuant to Requirement 4(2).

(3) The scheme approved under sub-paragraph (1) must be implemented as approved throughout the construction and operation of the energy park works unless agreed otherwise by the relevant planning authority following consultation with the Environment Agency and Anglian Water as necessary.

(4) For the purposes of this Requirement—

(a) “Anglian Water” means Anglian Water Services Limited, the statutory water supply provider for the North Lincolnshire Green Energy Park under the Water Industry Act 1991 and responsible for ensuring the cumulative impacts of development do not compromise the supply of water for domestic purposes; and

(b) “Water Resources Assessment” includes all designs, drawings, specifications, resource assessments, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the source and supply of water for construction and operation.

Surface water drainage

9

(1) No part of the energy park works may commence, save for the preliminary works, until details of the permanent surface water drainage systems, including a future maintenance plan, have been submitted to and approved by the relevant planning authority following consultation by the undertaker with the lead local flood authority, Scunthorpe and Gainsborough Water Management Board and the Environment Agency on matters related to their function.

(2) The details submitted and approved under sub-paragraph (1) must be in accordance with the principles set out in the indicative drainage strategy and the design process and codes set out in the design principles and codes.

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

Foul water drainage

10

(1) No part of the energy park works may commence, save for the preliminary works, until details of the permanent foul water drainage systems, including a future maintenance plan, have been submitted to and approved by the relevant planning authority following consultation with the Environment Agency on matters related to their function.

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

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

Construction traffic management and travel planning

11

(1) No part of the authorised development may commence, save for the preliminary works, until a construction traffic management plan and a construction workers travel plan for that part has been submitted to and approved by the relevant planning authority.

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

(3) The construction traffic management plan and construction workers travel plan approved under sub-paragraph (1) must be implemented as approved throughout the construction of the authorised development unless otherwise agreed with the relevant planning authority.

Archaeology

12

(1) No part of the authorised development is to commence until the undertaker has completed the following sequence of measures for that part of the authorised development—

(a) commissioned a programme of exploratory archaeological investigation of areas within the Order limits that provides for the identification and evaluation of the extent, character and significance of archaeological remains in any areas of the Order limits where previous evaluation investigations have not taken place or are incomplete;

(b) submitted to the relevant planning authority for approval a written scheme of investigation setting out the details of the programme of evaluation for the relevant planning authority to approve prior to commencement of the evaluation investigations;

(c) completed the evaluation investigations and submitted final reports to the relevant planning authority in accordance with the details and timings of the approved written scheme of investigation, provided that the evaluation investigations must be timed so that the results can inform the scope of the archaeological mitigation measures, referred to in sub-paragraph (2);

(d) submitted to the relevant planning authority for approval an updated archaeological impact assessment of the significance of all identified and potential heritage assets and the impact of the authorised development on that significance; and

(e) submitted to the relevant planning authority for approval an overarching archaeological mitigation strategy that details all mitigation measures to preserve, and if necessary enhance, all heritage assets affected by the authorised development.

(2) No part of the authorised development is to commence until a programme of archaeological mitigation measures for that part of the authorised development informed by the evaluation investigations referred to in sub-paragraph (1) and by earlier phases of investigation has been implemented in accordance with the approved overarching archaeological mitigation strategy and further written schemes of investigation for archaeological fieldwork which have been approved in writing by the relevant planning authority. The overarching archaeological mitigation strategy and written schemes of investigation must include and make provision for the following elements—

(a) mitigation fieldwork including measures to ensure the preservation in situ or by record of archaeological features of identified importance;

(b) post mitigation fieldwork methodologies for assessment and analysis;

(d) preparation of site archive, arrangements and timetable for deposition and sustainable management at a store approved in writing by the relevant planning authority;

(e) a timetable including sufficient notification to ensure that the mitigation fieldwork is undertaken and completed in accordance with the mitigation strategy before commencement of the relevant part of the authorised development;

(f) curatorial monitoring arrangements, including the notification in writing to the North Lincolnshire Historic Environment Record Office of the commencement of archaeological works and the opportunity to monitor such works;

(g) a list of all staff involved in the implementation of the mitigation strategy, including sub-contractors and specialists, their responsibilities and qualifications;

(h) any arrangements for community involvement; and

(i) measures to enhance the interpretation and public appreciation of heritage assets.

(3) The approved mitigation measures must be carried out in accordance with the written scheme of mitigation measures.

Flood risk

13

(1) No part of the authorised development may commence, save for the preliminary works, until a detailed flood mitigation strategy, including the flood defences forming part of Work No. 13, an implementation timetable and long-term maintenance arrangements, has for that part, been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.

(2) No part of the energy park works may be commissioned until a flood management plan, which must include an evacuation route plan and flood resilience implementation plan, has, for that part, been submitted to and approved by the relevant planning authority.

(3) The schemes submitted and approved under sub-paragraphs (1) and (2) must be in accordance with the principles in the flood risk assessment unless otherwise agreed by the relevant planning authority in consultation with the Environment Agency and the lead local flood authority.

(4) The schemes approved under sub-paragraphs (1) and (2) must be implemented as approved prior to the coming into operation of the energy park works and maintained throughout the operation of the energy park works unless otherwise agreed with the relevant planning authority.

Operational travel plan

14

(1) The energy park works must not come into operation until a travel plan has been submitted to and approved by the relevant planning authority.

(2) The plan submitted and approved under sub-paragraph (1) must be in accordance with the framework travel plan unless otherwise agreed by the relevant planning authority.

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

New highway access

15

(1) The undertaker must not commence development of the energy park works or railway reinstatement works, excluding any preliminary works, until the new access road (Work No. 5) has been constructed to base course level and connected to the public highway.

(2) As part of constructing the new access road to base course level under sub-paragraph (1), the undertaker must carry out such parts of Work Nos. 10 and 11 as fall within the land in respect of which Work No. 5 is authorised.

(3) Prior to the energy recovery facility (Work No. 1) coming into operation the undertaker must complete the new access road (Work No. 5) to the reasonable satisfaction of the relevant planning authority, in consultation with the relevant highway authority, and make it available for public use.

Fuel Type

16

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

(2) Not less than—

(a) 350,000 tonnes; or

(b) 50%,

(c) of the refuse derived fuel processed at the authorised development per operational year (whichever is the lower) must originate from within the waste area unless otherwise agreed by the relevant planning authority.

(3) From the date of coming into operation of Work No. 1 (ERF) until the date Work No. 1 (ERF) has been decommissioned in accordance with requirement 16 (Decommissioning) (unless otherwise agreed by the relevant planning authority), the undertaker must maintain a written record, retained at the authorised development, of the quantity of the refuse derived fuel received from the waste area treated by the authorised development for each operational year.

(4) From the date of coming into operation of Work No. 1 (ERF) until the date Work No. 1 (ERF) has been decommissioned in accordance with requirement 16 (Decommissioning) (unless otherwise agreed by the relevant planning authority), on or prior to 1 February each year, the undertaker must provide to the relevant planning authority a report for the preceding operational year (the “waste catchment report”). The waste catchment report must identify the total tonnage of refuse derived fuel received from the waste area processed at the authorised development for the operational year.

Decommissioning

17

(1) Within two years of the date that the undertaker decides to end commercial operation of the energy park works, the undertaker must submit to the relevant planning authority for its approval a decommissioning plan, including a timetable for its implementation and a decommissioning environmental management plan which shall include, but not be limited to, matters such as flood risk.

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

Combined heat and power

18

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

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

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