The North Lincolnshire Green Energy Park Order 2025

• (3) The scheme approved under sub-paragraph (1) must be implemented as approved prior to the coming into operation of the authorised development and maintained throughout the operation of the authorised development.

• (4) Prior to the energy park works coming into operation, the undertaker will construct the northern spur.

• (5) No later than the date that is 18 months after the date of the energy park works coming into operation, the undertaker must submit to the relevant planning authority for its approval a report (“the CHP review”) updating the combined heat and power assessment.

• (6) The CHP review submitted must—

• (a) consider the opportunities that reasonably exist for the export of heat from Work No. 11 at the time of submission of the CHP review; and

• (b) include a list of actions (if any) that the undertaker is reasonably and practicably able to take (without material additional cost to the undertaker) to increase the potential for the export of heat from Work No. 11.

• (7) The undertaker must take such actions as are included, within the timescales specified, in the approved CHP review.

• (8) The relevant planning authority must consult with the Environment Agency before approving any CHP review.

Commissioning

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• (1) Notice of the intended completion of commissioning of Work Nos. 1 (ERF), 1B (CCUS) and 2(b) (CBMF) must be given to the relevant planning authority where practicable prior to such completion.

• (2) Work No. 1B (CCUS) must be constructed and commissioned within 6 months of the commissioning of Work No. 1 (ERF) and Work No. 2(b) (CBMF) must be constructed and commissioned within 12 months of the commissioning of Work No. 1B except that these timescales may be amended where it has been demonstrated to the satisfaction of the relevant planning authority that the alternative timescales sought are unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Carbon Capture

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• (1) Once commissioned, Work No. 1B (CCUS) must capture a minimum quantity of CO2 which equates to the lesser of 54,387 tonnes per annum or 8.37% of the weight of the ERF waste throughput per annum from the date that the CCUS is commissioned until the energy park works are decommissioned.

• (2) Within 28 days of the date which is one calendar year from the date Work No. 1B comes into operation, the undertaker must submit a report to the relevant planning authority confirming the amount of CO2 captured during the previous year of operation and must continue to submit such reports annually until the energy park works are decommissioned.

Rail

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• (1) The undertaker must use reasonable endeavours to complete all necessary works forming part of Work No.3 to such an extent as to facilitate the use of the railway by rail freight importing or exporting waste or other materials within 12 months of construction of the new access road (Work No. 5) to base course level as per requirement 15 and in any event must complete Work No. 3 prior to commissioning of Work No. 1

• (2) Following completion of Work No. 3 the undertaker must retain, manage and keep the railway forming part of the authorised development available for use throughout the construction and operation of the authorised development.

Local employment and skills

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• (1) No part of the authorised development, save for the preliminary works, may commence until a detailed employment and skills plan (which must be in accordance with the outline employment and skills policy) has been submitted to and approved by the relevant planning authority.

• (2) The employment and skills plan shall identify opportunities for individuals and businesses based in the region of Greater Lincolnshire to access employment opportunities associated with the construction, operation and maintenance of the authorised development.

• (3) The employment and skills plan approved under sub-paragraph (1) must be implemented as approved.

Noise

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The rating level (LAr) of noise from the operation of the authorised development shall not exceed: 45 dB LAr for any fifteen-minute period between 23:00 and 07:00; and 50 dB LAeq for any one-hour period between 07:00 and 23:00, determined one metre free-field external to any window or door of any existing permanent residential premises using the definitions and methods described in ‘Methods for rating and assessing industrial and commercial sound’ British Standards Institution BS4142 2014+A1:2019.

PRF

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• (1) Notice of the intended completion of commissioning of the plastic recycling facility (Work No. 6) must be given to the relevant planning authority where practicable prior to such completion. Approved details and amendments to them.

• (2) Prior to the coming into operation of Work No. 1 (ERF) the plastic recycling Facility (Work No. 6) must have been constructed and commissioned.

• (3) The plastic recycling facility (Work No. 6) shall only treat plastic waste received from suppliers who are also supplying the undertaker with refuse derived fuel used to fuel the combustion system in Work No. 1 (b).

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Where a requirement requires the authorised development to be constructed in accordance with details approved by the relevant planning authority, the approved details are taken to include any amendments subsequently approved by the relevant planning authority.

Amendments agreed by the relevant planning authority

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• (1) Where the words “unless otherwise agreed by the relevant planning authority” appear in the requirements—

• (a) whenever the undertaker requests that the relevant planning authority provides its agreement in accordance with those words, the undertaker must provide the relevant planning authority with information on compliance with any document listed in the relevant requirement and any other relevant certified document; and

• (b) any such approval or agreement may only be given in relation to non-material amendments and where it has been demonstrated to the satisfaction of that authority that the subject matter of the approval or agreement sought will not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

• (2) In cases where the requirement or the relevant sub-paragraph requires consultation with specified persons, any such approval or agreement must not be given without the relevant planning authority having first consulted with those persons.

Requirement for written approval

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

Anticipatory steps towards compliance with any requirement

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• (1) If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of this Schedule, those steps must be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

• (2) Any document submitted to the relevant planning authority which the undertaker considers may constitute a step referred to at sub-paragraph (1) must include a statement that it is likely to engage sub-paragraph (1).

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

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• (1) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order—

• (a) the undertaker must give the discharging authority sufficient information to identify the requirement(s) to which the application relates;

• (b) the undertaker must provide such particulars, and the request be accompanied by such plans and drawings as are reasonably considered necessary to deal with the application.

• (2) The discharging authority must give notice to the undertaker of the decision on the application before the end of the decision period.

• (3) For the purposes of sub-paragraph (2), the decision period is—

• (a) where no information is requested under paragraph 31 (further information), 8 weeks from the day immediately following that on which the application is received by the discharging authority;

• (b) where further information is requested under paragraph 31 (further information), 8 weeks from the day immediately following that on which further information has been supplied by the undertaker under paragraph 31; or

• (c) such longer period as may be agreed between the undertaker and the discharging authority in writing before the end of the period in sub-paragraph (a) or (b).

• (4) In determining any application made under sub-paragraph (1), the discharging authority may—

• (a) give or refuse its consent, agreement or approval; or

• (b) give its consent, agreement or approval subject to reasonable conditions,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision pursuant to sub-paragraph (2).

Fees

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• (1) Where an application is made to the discharging authority for consent, agreement or approval in respect of a requirement, a fee prescribed under regulation 16(1)(b) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012³⁷ (as may be amended or replaced from time to time) is to be paid to that authority.

• (2) Any fee paid under this Schedule must be refunded to the undertaker within 42 days of—

• (a) the application being rejected as invalidly made; or

• (b) the discharging authority failing to determine the application within the decision period as determined under paragraph 29(3),

unless within that period the undertaker agrees, in writing, that the fee is to be retained by the discharging authority and credited in respect of a future application.

Further information

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• (1) In relation to any part of an application made under this Schedule, the discharging authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

• (2) In the event that the discharging authority considers such further information to be necessary the discharging authority must, as soon as reasonably practicable and within 20 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates.

• (3) In the event that the discharging authority does not give such notification within that 20 business day period it is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

• (4) Where further information is requested under this paragraph in relation to part only of an application, that part is to be treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 29 (applications made under requirements) and in this paragraph.

Appeals

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• (1) The undertaker may appeal to the Secretary of State in the event that—

• (a) the discharging authority refuses an application for any agreement or approval required by a requirement included in this Order;

• (b) the discharging authority does not give notice of its decision to the undertaker within the decision period as determined in paragraph 29;

• (c) on receipt of a request for further information pursuant to paragraph 31 (further information) the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not reasonably necessary for consideration of the application; or

• (d) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not reasonably necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) the undertaker must submit the appeal documentation to the Secretary of State, a copy of the application submitted to the discharging authority and any supporting documentation which the undertaker may wish to provide (“the appeal documentation”);

• (b) the undertaker must on the same day provide copies of the appeal documentation to the discharging authority and any requirement consultee (if applicable) required to be consulted pursuant to the article or requirement which is the subject of the appeal;

• (c) as soon as is practicable after receiving the appeal documentation, but in any event within 20 business days of receiving the appeal documentation, the Secretary of State must appoint a person and forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

• (d) the discharging authority and any requirement consultee (if applicable) must submit written representations to the appointed person in respect of the appeal within 20 business days of the date on which the appeal parties are notified of the appointment of a person under paragraph (c) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person; and

• (e) the appeal parties must make any counter-submissions to the appointed person within 20 business days of receipt of written representations pursuant to paragraph (d) above.

• (3) The appointed person must make their decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable. If the appointed person considers that further information is necessary to consider the appeal, the appointed person must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (4) Any further information required pursuant to sub-paragraph (3) must be provided by the appeal party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties, within 20 business days of that date.

• (5) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed, or set by the appointed person, under this paragraph.

• (7) The appointed person may proceed to a decision even though no written representations have been made within those time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (8) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (9) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule (requirements) as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) may not be taken to affect or invalidate the effect of the appointed person’s determination.

• (10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person must be met by the undertaker.

• (11) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Planning Practice Guidance: Appeals (March 2014) on the award of costs, or any guidance which may from time to time replace it.

Interpretation

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In this Schedule—

• “the appeal parties” means the discharging authority, the requirement consultee and the undertaker;

• “business day” means a day other than Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971³⁸;

• “discharging authority” means that person or body responsible for approving details pursuant to the requirements in Part 1 of this Schedule.

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

SCHEDULE 4 — STREETS TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

SCHEDULE 5 — PUBLIC RIGHTS OF WAY

PART 1 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY SUSPENDED

PART 2 — NEW PUBLIC RIGHTS OF WAY TO BE CREATED

SCHEDULE 6

PART 1 — PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

PART 2 — NEW PRIVATE MEANS OF ACCESS CREATED

SCHEDULE 7 — CLEARWAYS

SCHEDULE 8 — CLASSIFICATION OF HIGHWAYS

SCHEDULE 9 — SPEED LIMITS

SCHEDULE 10 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

PART 1 — OPTION A – LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

PART 2 — OPTION B - LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED