Legalize / United Kingdom / Statutory-Instrument

The Viking CCS Carbon Dioxide Pipeline Order 2025

Type Statutory-Instrument

Publication 2025-04-09

Last updated 2025-08-20

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

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

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

(11) In this article “the maintenance period”, in relation to any part of the authorised development, means the period following completion of that part of the authorised development until the commencement of decommissioning.

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

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

(b) the public; or

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

Statutory undertakers

34

Subject to the provisions of Schedule 9 (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 plans within the Order land and described in the book of reference; 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.

Recovery of costs of new connections

35

(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 article—

“public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the 2003 Act³⁶; and

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

PART 6 — Miscellaneous and general

Application and modification of legislative provisions

36

(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation for the purpose of, or in connection with, the construction of the authorised development or any maintenance of any part of the authorised development—

(a) regulation 12 (requirement for an environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016³⁷ in respect of a flood risk activity only;

(b) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate agency) to the Water Resources Act 1991³⁸;

(d) sections 23 (prohibition on obstructions etc. in watercourses) and 30 (authorisation of drainage works in connection with a ditch) of the Land Drainage Act 1991; and

(e) the provisions of the Neighbourhood Planning Act 2017⁴⁰ in so far as they relate to the temporary possession of land under articles 32 (temporary use of land for carrying out the authorised development) and 33 (temporary use of land for maintaining the authorised development).

(2) Notwithstanding the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010⁴¹ any building comprised in the authorised development must be deemed to be—

(a) a building into which people do not normally go; or

(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Defence to proceedings in respect of statutory nuisance

37

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990⁴² in relation to a nuisance falling within paragraphs (g) (noise emitted from premises so as to be prejudicial to health or a nuisance) and (ga) (noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street or in Scotland, road) 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 the defendant shows that the nuisance—

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance 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 1974⁴³; or

(b) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development; or

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

(d) is a consequence of complying with a requirement of this Order and that it cannot reasonably be avoided; or

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

(2) For the purposes of paragraph (1) above, compliance with the controls and measures relating to noise described in the CEMP will be sufficient, but not necessary, to show that an alleged nuisance could not reasonably be avoided.

(3) Where a relevant planning authority is acting in accordance with section 60(4) and section 61(4) of the Control of Pollution Act 1974 in relation to the construction of the authorised development then the local authority must also have regard to the controls and measures relating to noise referred to in the CEMP approved under Schedule 2 (requirements).

(4) Section 61(9) of the Control of Pollution Act 1974 does not 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.

(5) In this article “premises” has the same meaning as in section 79 of the Environmental Protection Act 1990.

Application of landlord and tenant law

38

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

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

(3) No enactment or rule of law to which paragraph (2) applies is to apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

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

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

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

Felling or lopping of trees and removal of hedgerows

39

(1) The undertaker may fell or lop any tree or shrub, or cut back its roots, within oroverhanging land within the Order limits if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

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

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

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

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

(b) pay compensation to any person for any loss or damage arising from such activity.

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

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

(5) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997⁴⁴.

Trees subject to Tree Preservation Orders

40

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

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

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

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

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

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

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

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

Crown rights

41

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

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

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

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

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

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

Protective provisions

42

Schedule 9 (protective provisions) has effect.

Planning legislation

43

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

(2) Any planning permission which has been initiated prior to the commencement of the authorised development pursuant to this Order may continue to be lawfully implemented thereafter notwithstanding any physical incompatibility with the authorised development or inconsistency with any provision of this Order.

(3) As from the date on which the authorised development is commenced, any conditions of a planning permission granted pursuant to Part 3 (control over development) of the 1990 Act (whether express or otherwise) which relate to land within the Order limits or land adjacent to the Order limits cease to have effect to the extent they are inconsistent with the authorised development or with anything done or approved under the requirements in Schedule 2 (requirements).

(4) As from the date of this Order where planning permission (whether express or otherwise) is granted (whether prior to the date of this Order or after) pursuant to Part 3 of the 1990 Act in respect of land within the Order limits for development not forming part of the authorised development, the carrying out of development pursuant to such planning permission is not to operate to prevent the undertaker from carrying out further works for the development of the authorised development pursuant to the terms of this Order.

(5) Nothing in this Order restricts the undertaker from seeking or implementing, or the relevant planning authority from granting, planning permission for development within the Order limits.

Certification of plans, etc.

44

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

(a) the access and rights of way plans (consisting of a key plan and sheets 1 to 36 inclusive) (document number 4.20);

(b) the land plans (consisting of a key plan and sheets 1 to 36 inclusive) (document number 4.3);

(d) the special category land plans (consisting of a key plan and sheets 1 to 4 inclusive) (document number 4.5);

(e) the works plans (consisting of a key plan and sheets 1 to 36 inclusive) (document number 4.2);

(f) the general arrangement plans comprising the Immingham Facilities Plot Plan (document number 4.6); Theddlethorpe Facility Plot Plan (document number 4.7); Washingdales Lane Block Valve Station plan (document number 4.14); Thoroughfare Block Valve Station plan (document number 4.15); Louth Road Block Valve Station plan (document number 4.16);

(g) the book of reference (document number 3.3);

(h) the environmental statement (consisting of 4 volumes) (document numbers 6.1 to 6.4.20.1);

(i) the outline construction environment management plan (document number 6.4.3.1);

(j) the outline landscape and ecological management plan (document number 6.8);

(k) the outline construction traffic management plan (document number 6.4.12.5);

(l) the outline drainage strategy (document number 6.4.11.3);

(m) the outline archaeological written scheme of investigation (document number 6.4.8.3);

(n) outline operational phase mitigation plan (document number 6.4.3.6); and

(o) any other plans or documents referred to in this Order as requiring certification,

for certification that they are true copies of the documents referred to in this Order.

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

Service of notices

45

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

(a) by post;

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

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978⁴⁵ 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 the time of service.

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

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

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

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

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

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

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

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

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

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

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

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

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

No double recovery

46

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

Requirements, appeals, etc.

47

(1) Where an application is made to, or a request is made of, the relevant planning authority or any other relevant person for any agreement or approval required or contemplated by any of the provisions of this Order, such agreement or approval must, if given, be given in writing and must not be unreasonably withheld or delayed.

(2) Part 2 (procedure for discharge of requirements) of Schedule 2 has effect in relation to all agreements or approvals granted, refused or withheld in relation to the requirements included in Part 1 of that Schedule.

Arbitration

48

(1) Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules at Schedule 10 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

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

SCHEDULE 1

PART 1 — Authorised development

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

Work No.01 – Construction of AGI at the Immingham facility comprising equipment for the control of the authorised development, within the location shown on Sheet 1 of the Works Plan, including:

(a) a fenced compound area containing;

(i) security lighting;

(ii) parking;

(iii) cathodic protection measures (including grounded);

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

(v) PIG launcher and receiver facilities (including a projectile blast wall);

(vi) local equipment room;

(vii) control mechanisms and electrical and instrumentation kiosk;

(viii) venting system including vent pipework, valves and vent stack;

(ix) analyser house; and

(x) supporting utilities;

(b) above ground control boxes;

(d) below ground cables and cable ducts;

(e) hard standing;

(f) drainage works, including creation of connections to existing drainage system; and

(g) landscaping.

Work No.02 – Construction of a 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.1km length between Work No. 1 and Work No. 3 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including pipeline installation in existing crossing sleeve, on existing pipe racks, trenchless installation technique pit works, the creation of reception pits, and launch pits, and installation of concrete-lined sleeve tunnels;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 1 of the Works Plan.

Work No.03 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.2km length between Work No.1 and Work No.4 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

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

Work No.04 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1km length between Work No. 3 and Work No. 5 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 2 of the Works Plan.

Work No.05 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 300 metres length between Work No. 2, Work No. 4, and Work No. 6 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 2 of the Works Plan.

Work No.06 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.4km length between Work No. 5 and Work No. 8 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 3 of the Works Plan.

Work No.07 – The creation and use of a temporary logistics and construction compound (North Construction Compound) for the use during the construction of the authorised development, within the location shown on Sheet 4 of the Works Plan, including:

(a) temporary office, welfare and security facilities;

(b) a parking area;

(d) pipe equipment and fittings storage;

(e) plant storage;

(f) a fabrication area;

(g) workshop/repair facility;

(h) a plant wheel wash area;

(i) waste management areas; and

(j) fencing and gating.

Work No.08 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.8km length between Work No. 6 and Work No. 9 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 5 of the Works Plan.

Work No.09 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.7km length between Work No. 8 and Work No. 10 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 6 of the Works Plan.

Work No.10 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.5km length between Work No. 9 and Work No. 11 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 7 of the Works Plan.

Work No.11 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.6km length between Work No. 10 and Work No. 12 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 8 of the Works Plan.

Work No.12 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.4km length between Work No. 11 and Work No. 13 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 9 of the Works Plan.

Work No.13 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.6km length between Work No. 12 and Work No. 14 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 10 of the Works Plan.

Work No.14 – Construction of a BVS at Washingdales Lane, within the location shown on Sheet 10 of the Works Plan, including:

(a) a fenced compound area containing:

(i) security lighting and CCTV cameras;

(ii) block valve;

(iii) parking area;

(iv) cathodic protection measures;

(v) instrumentation and control kiosk; and

(vi) vent stack;

(b) below ground pipework;

(d) hard standing;

(e) soakaway type drainage system;

(f) landscaping;

and the following temporary requirements during construction activities:

(g) welfare and security facilities;

(h) parking area;

(i) plant and materials storage area; and

(j) temporary waste management facility.

Work No.15 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 2.0km length between Work No. 13 and Work No. 16 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 11 of the Works Plan.

Work No.16 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.9km length between Work No. 15 and Work No. 17 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 12 of the Works Plan.

Work No.17 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.7km length between Work No. 16 and Work No. 18 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 13 of the Works Plan.

Work No.18 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.7km length between Work No. 17 and Work No. 19 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage systems

as shown on Sheet 14 of the Works Plan.

Work No.19 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.6km length between Work No. 18 and Work No. 20 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 15 of the Works Plan.

Work No.20 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.6km length between Work No. 19 and Work No. 21 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 16 of the Works Plan.

Work No.21 – Construction of a BVS at Thoroughfare Road within the location shown on Sheet 16 of the Works Plan, including:

(a) a fenced compound area containing:

(i) security lighting and CCTV cameras;

(ii) block valve;

(iii) parking area;

(iv) cathodic protection measures

(v) instrumentation and control kiosk;

(vi) vent stack.

(b) below ground pipework;

(d) hard standing;

(e) soakaway type drainage system;

(f) landscaping;

and the following temporary requirements during construction activities:

(g) welfare and security facilities;

(h) parking area;

(i) plant and materials storage area; and

(j) temporary waste management facility.

Work No.22 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.6km length between Work No. 21 and Work No. 23 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 17 of the Works Plan.

Work No.23 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.7km length between Work No. 22 and Work No. 24 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 18 of the Works Plan.

Work No.24 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.5km length between Work No. 23 and Work No. 25 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 19 of the Works Plan.

Work No.25 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.9km length between Work No. 24 and Work No. 26 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 20 of the Works Plan.

Work No.26 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.6km length between Work No. 25 and Work No. 27 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 21 of the Works Plan.

Work No.27 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.7km length between Work No. 26 and Work No. 28 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 22 of the Works Plan.

Work No.28 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.7km length between Work No. 27 and Work No. 29 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 23 of the Works Plan.

Work No.29 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.7km length between Work No. 28 and Work No. 30 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 24 of the Works Plan.

Work No.30 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.5km length between Work No. 29 and Work No. 31 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 25 of the Works Plan.

Work No.31 – Construction of a BVS at Louth Road within the location shown on Sheet 25 and Sheet 26 of the Works Plan, including:

(a) a fenced compound area containing:

(i) security lighting and CCTV cameras;

(ii) block valve;

(iii) parking area;

(iv) cathodic protection measures;

(v) instrumentation and control kiosk;

(vi) vent stack;

(b) below ground pipework;

(d) hard standing;

(e) soakaway type drainage system;

(f) landscaping;

and the following temporary requirements during construction activities:

(g) welfare and security facilities;

(h) parking area;

(i) plant and materials storage area; and

(j) temporary waste management facility.

Work No.32 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.7km length between Work No. 31 and Work No. 33 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 26 of the Works Plan.

Work No.33 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.5km length between Work No. 32 and Work No. 34 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 27 of the Works Plan.

Work No.34 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.5km length between Work No. 33 and Work No. 35 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 28 of the Works Plan.

Work No.35 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.8km length between Work No. 34 and Work No. 36 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 29 of the Works Plan.

Work No.36 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.7km length between Work No. 35 and Work No. 37 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 30 of the Works Plan.

Work No.37 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.9km length between Work No. 36 and Work No. 38 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 31 of the Works Plan.

Work No.37a – Construction and use of a temporary access and laydown location at Lordship Road for use during the construction of the authorised development at the location shown on Sheet 31 of the Works Plan including:

(a) temporary office, welfare and security facilities;

(b) a parking area;

(d) waste management facilities; and

(e) fencing and gating.

Work No.38 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.9km length between Work No. 37 and Work No. 39 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 32 of the Works Plan.

Work No.39 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.6km length between Work No. 38 and Work No. 40 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 33 of the Works Plan.

Work No.40 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 1.5km length between Work No. 39 and Work No. 41 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 34 of the Works Plan.

Work No.41 – Construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 437 metres length between Work No. 40 and Work No. 43 including:

(a) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

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

(e) reinstatement, ecological and environmental works; and

(f) drainage works including creation of connections to existing drainage system

as shown on Sheet 35 of the Works Plan.

Work No.43 –

(a) construction of a buried 24-inch (610 millimetre) external diameter Carbon Dioxide (CO2) pipeline section of approximately 304 metres length between Work No. 41 and Work No. 44 including:

(i) construction and installation of the pipeline by trenched and trenchless methods, including trenchless installation technique pit works, the creation of reception pits, and launch pits;

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

(iii) installation of underground fibre optic cables for transfer of electronic communications;

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

(v) reinstatement, ecological and environmental works; and

(vi) drainage works including creation of connections to existing drainage system

as shown on Sheet 35 of the Works Plan.

Work No.44 –

(a) construction of an AGI comprising equipment for the control and interface of the pipeline to the Theddlethorpe Facility, within the location shown on Sheet 35 of the Works Plan, including:

(i) a fenced compound area containing;

(aa) security lighting;

(bb) parking;

(cc) cathodic protection measures (including groundbeds)

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

(ee) PIG launcher and receiver facilities (including a projectile blast wall);

(ff) local equipment room;

(gg) supporting infrastructure;

(hh) control mechanisms and electrical and instrumentation kiosk; and

(ii) venting system including vent pipework, valves and vent stack;

(ii) above ground control boxes

(iii) above/below ground pipework and isolation valves;

(iv) below ground cables and cable ducts;

(v) hard standing;

(vi) drainage works, including creation of connections to existing drainage system; and

(vii) landscaping.

Work No.47 – The creation and use of a temporary logistics and construction compound (Southern Construction Compound) for the use during the construction of the authorised development, within the location shown on Sheet 35 of the Works Plan, including:

(a) welfare and security facilities;

(b) a parking area;

(d) pipe equipment and fittings storage;

(e) plant storage;

(f) a plant wheel wash area;

(g) waste processing and management areas; and

(h) fencing and gating.

Work No.48 – Removal and replacement of an existing isolation valve with a new isolation valve at the Dune Valve Station, within the location shown on Sheet 36 of the Works Plan.

Associated Development

Associated development within the meaning of section 115(2) of the 2008 Act comprising—

Further Associated Development

In connection with any of those works, within the Order limits, development comprising such other works as may be necessary or expedient for the purposes of or in connection with the relevant part of the authorised development which fall within the scope of work assessed in the environmental statement, including—

(a) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soil stripping and storage and site levelling) and pre-construction drainage works;

(b) installation of wires, cables, conductors, pipes and ducts;

(d) construction works including—

(i) works to enable power supplies and temporary lighting;

(ii) establishment of temporary working areas;

(iii) installation of demarcation fencing/stockproof fencing/heras fencing or similar;

(iv) earthworks;

(v) aerial markers, cathodic protection test posts, cathodic protection rectifier cabinets, sacrificial anodes, field boundary markers, manholes, marker posts, underground markers, tiles and tape;

(e) works to place, alter, divert, relocate, remove or maintain the position of apparatus, services, plant and other equipment in a street, or in other land, including mains, sewers, drains, pipes, lights and cables;

(f) works to alter the course of, or otherwise interfere with a watercourse, drainage works, attenuation ponds and temporary culverts;

(g) landscaping, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

(h) works for the benefit or protection of land, structures, apparatus or equipment affected by the authorised development;

(i) works for the purpose of habitat creation;

(j) the felling, planting and maintenance of trees and hedgerows; and

(k) such other works as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development.

PART 2 — Ancillary works

1

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

SCHEDULE 2 — Requirements

PART 1 — Requirements

Interpretation

1

In this Schedule—

“AOD” means above Ordnance Datum;

“carbon dioxide storage permit” means any carbon dioxide storage permit granted in terms of The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010 or such other licence, authorisation or consent as may replace it;

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

“contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990⁴⁶;

“CTMP” means construction traffic management plan;

“DEMP” means decommissioning environmental management plan;

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

“LEMP” means the landscape and ecological management plan;

“offshore pipeline and storage works” means works for the offshore carbon dioxide transportation and storage infrastructure into which the authorised development will connect;

“relevant planning authority” means– Lincolnshire County Council, North Lincolnshire Council and North East Lincolnshire Council for the purposes of– Requirement 6 (construction traffic) Requirement 7 (highway accesses) Requirement 8 (surface water drainage) Requirement 10 (archaeology) East Lindsey District Council, North Lincolnshire Council, North East Lincolnshire Council and West Lindsay District Council for the purposes of– Requirement 2 (time limits) Requirement 3 (stages of authorised development) Requirement 4 (scheme design) Requirement 5 (construction environmental management plan) Requirement 9 (contaminated land and groundwater) Requirement 11 (landscape and ecological management plan) Requirement 12 (ecological surveys) Requirement 13 (construction hours) Requirement 14 (restoration of land) Requirement 15 (operational phase mitigation plan) Requirement 16 (decommissioning environmental management plan) and “relevant planning authorities” and “relevant planning authority” means Lincolnshire County Council, North Lincolnshire Council, North East Lincolnshire Council, East Lindsay District Council and West Lindsay District Council, as applicable; and

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

Time limits

2

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

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

Stages of authorised development

3

(1) The authorised development must not commence until a written scheme setting out all stages of the authorised development and including a plan indicating when each stage will be constructed has been submitted to each relevant planning authority, which scheme may subsequently be amended from time to time as notified to the relevant planning authority.

(2) The written scheme must be implemented as notified under sub-paragraph (1).

Scheme design

4

(1) Subject to sub-paragraph (2), Works Nos. 1, 14, 21, 31 and 44 must be carried out in general accordance with the general arrangement plans.

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

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

Work Type	Parameter	Part(s) of authorised development	Maximum value(s) and unit
AGI	Maximum fenced area at the Immingham facility	Work No. 1	10,500m2
AGI	Maximum height of buildings and structures at the Immingham facility, excluding the vent stack	Work No. 1	5m from ground level
AGI	Maximum height of the vent stack at the Immingham facility	Work No. 1	25m from ground level
AGI	Maximum height of fencing and gating at the Immingham facility	Work No. 1	3.2m from ground level
AGI	Maximum fenced area at the Theddlethorpe facility	Work No. 44	13,500m2
AGI	Maximum height of buildings and structures at the Theddlethorpe facility, excluding the vent stack	Work No. 44	5m from ground level
AGI	Maximum height of the vent stack at the Theddlethorpe facility	Work No. 44	25m from ground level
AGI	Maximum height of fencing and gating at the Theddlethorpe facility	Work No. 44	3.2m from ground level
BVS	Maximum fenced area of each BVS	Work Nos. 14, 21, 31	2,000m2
BVS	Maximum height of buildings and structures	Work Nos. 14, 21, 31	4m from ground level
BVS	Maximum height of fencing and gating	Work Nos. 14, 21, 31	3.2m from ground level

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

Construction environmental management plan

5

(1) No stage of the authorised development may commence until a CEMP which includes that stage has been submitted to and approved by the relevant planning authority following consultation with the Environment Agency and Lincolnshire County Council.

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

(a) details of lighting during construction;

(b) noise and vibration management plan;

(d) materials management plan;

(e) soil management plan;

(f) water management plan;

(g) site waste management plan;

(h) emergency response plan;

(i) stakeholder communication plan;

(j) public right of way management plan;

(k) construction ecological management plan;

(l) species protection plans; and

(m) invasive non-native species method statement.

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