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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(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 1978[^f00045] 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 1990[^f00046];

“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.

(3) Each stage of the authorised development must be undertaken in accordance with the approved CEMP for that stage, or with such changes to that document as approved by the relevant planning authority.

Construction traffic

6

(1) No stage of the authorised development may commence until a CTMP for that stage, in accordance with the outline construction traffic management plan, has been submitted to and approved by the relevant planning authority and, in respect of effects on the strategic road network, National Highways following consultation with the relevant highway authority and Network Rail.

(2) The CTMP for each stage must include a construction worker travel plan in accordance with the interim worker travel plan and include measures to be taken to promote sustainable travel options and minimise use of private vehicles.

(3) Each stage of the authorised development must be implemented in accordance with the approved CTMP for that stage.

Highway accesses

7

(1) Construction of any new permanent or temporary means of access to a highway, or alteration to any access, must not commence until an access plan for that access has been submitted to and approved by the relevant highway authority.

(2) The access plan must include details of the siting, design, layout, visibility splays, access management measures and a maintenance programme relevant to the access it relates to.

(3) The relevant highway authority must be consulted on the access plan before it is submitted for approval.

(4) The highway accesses (including visibility splays) must be implemented in accordance with the approved details.

Surface water drainage

8

(1) No development of Work Nos 1, 14, 21, 31 or 44 may commence until, for that Work No, a surface water drainage plan for permanent works relevant to that stage, in accordance with the relevant part of the outline surface water drainage strategy, has been submitted to and approved by the relevant planning authority following consultation with Anglian Water.

(2) The surface water drainage system for each stage must be implemented in accordance with the approved details.

Contaminated land and groundwater

9

(1) In the event that contamination is found at any time when carrying out the authorised development then works in that location must cease immediately and the contamination must be reported in writing to the relevant planning authority as soon as reasonably practicable.

(2) Where contamination has been reported to the relevant planning authority in accordance with sub-paragraph (1), an investigation and risk assessment must be completed in accordance with a contamination scheme to assess the nature and extent of any contamination on the part of the Order limits within which works are being carried out, whether or not that contamination originates on that part of the Order limits; and—

(a) the contents of that scheme are subject to the approval of the relevant planning authority, following consultation with the Environment Agency; and

(b) that investigation and risk assessment must be undertaken within timescales agreed with the relevant planning authority and in accordance with the approved contamination scheme and a written report of the findings must be submitted to the relevant planning authority, following consultation with the Environment Agency.

(3) Where remediation is determined by the relevant planning authority to be required having had regard to the results of an investigation and risk assessment carried out under sub-paragraph (2), a detailed remediation scheme must be prepared and submitted for the approval of the relevant planning authority, following consultation with the Environment Agency.

(4) The approved remediation scheme must be implemented in accordance with its terms.

Archaeology

10

(1) No stage of the authorised development with the potential to affect buried archaeological assets may commence until a written scheme for the investigation of areas of archaeological interest relevant to that stage (if any) as identified in the outline archaeological written scheme of investigation has been submitted to and approved by the relevant planning authority following consultation with Historic England.

(2) The scheme approved under sub-paragraph (1) must be in accordance with the outline archaeological written scheme of investigation, and identify the measures to be taken to investigate, protect, record or preserve any significant archaeological remains that may be found.

(3) Any archaeological works carried out under the approved scheme must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute.

(4) Any archaeological works must be implemented in accordance with the approved scheme.

Landscape and ecological management plan

11

(1) Subject to sub-paragraph (4), no stage of the authorised development may commence until a LEMP for that stage, substantially in accordance with the outline landscape and ecological management plan, has been submitted to and approved by the relevant planning authority in consultation with Lincolnshire County Council.

(2) The LEMP must include:

(a) an implementation timetable; and

(b) measures for the protection of existing features adjacent to the Works as detailed in the Environmental Statement.

(3) Each stage of the authorised development must be implemented in accordance with the approved LEMP for that stage.

(4) Sub-paragraph (1) only applies to those stages of the authorised development in respect of which any landscape and ecological management measures are to be implemented by the undertaker, as identified in the outline LEMP.

Ecological surveys

12

No stage of the authorised development may commence until it has been established by survey work whether any European protected species are present within the Order limits or may be affected by that stage of the authorised development.

Construction hours

13

(1) Subject to sub-paragraphs (2), (3), and (4), construction works must only take place between 0700 and 1900 on weekdays and 0700 and 1330 on Saturdays (with no works on Sundays or public or bank holidays), except in the event of an emergency, unless a scheme for the carrying out of those works specifying the hours in which they may be carried out has been submitted to and approved by the relevant planning authority. Where such a scheme is approved under this requirement, the works set out in that scheme must be carried out in accordance with the approved scheme.

(2) In the event of an emergency, notification of that emergency must be given to the relevant planning authority and the relevant highway authority as soon as reasonably practicable.

(3) The following operations may where necessary continue or take place outside the working hours referred to in sub-paragraph (1)—

(a) trenchless construction techniques which cannot be interrupted;

(b) filling, testing, dewatering and drying; and

(4) Nothing in sub-paragraph (1) precludes—

(a) the receipt of oversize deliveries to site and the undertaking of non-intrusive activities;

(b) start-up and shut-down activities up to an hour either side of the stated working hours and undertaken in compliance with the CEMP;

(d) works to make construction sites safe in the event of extreme weather.

(5) In this requirement—

“emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action; and

“trenchless construction techniques which cannot be interrupted” means drilling, tunnelling, boring or similar construction methods used to create an underground route for the pipeline without trenching from the surface, and includes any necessary ancillary activities to that drilling, tunnelling or boring; but does not include operations to prepare for drilling, tunnelling and boring, and specifically does not include works of excavation of pits, or works to remediate the site of pits used for drilling, tunnelling and boring.

Restoration of land

14

Subject to article 32 (temporary use of land for carrying out the authorised development), any land within the Order limits which is used temporarily for or in connection with construction must be reinstated to a condition fit for its former use, or such other condition as the relevant planning authority may approve, within 12 months of completion of the authorised development.

Operational phase mitigation plan

15

(1) The undertaker must, no later than three months prior to the planned completion of commissioning of the authorised development, submit to the relevant planning authorities the operational phase mitigation plan (or plans) which details the monitoring and management requirements of the authorised development, including post-construction monitoring.

(2) The operational phase mitigation plans submitted under sub-paragraph (1) must be in accordance with the outline operational phase mitigation plan, and developed having regard to the approved CEMP(s) and the LEMP(s).

(3) Operation of the authorised development must be implemented in accordance with the submitted operational phase mitigation plan(s).

Decommissioning environmental management plan

16

(1) The undertaker must, no later than six months prior to the planned permanent cessation of operation of the authorised development, submit a DEMP to the relevant planning authorities and, in respect of effects on the strategic road network, National Highways, for approval following consultation with the Environment Agency and Lincolnshire County Council.

(2) The DEMP submitted under sub-paragraph (1) must include the details required by the demolition management plan and specifically including:

(a) details of any below ground apparatus to be left in situ;

(b) method statements for the decommissioning and dismantlement of above ground infrastructure;

(d) waste management plan for the decommissioning works.

(3) Decommissioning of the authorised development must be implemented in accordance with the approved DEMP.

Donna Nook Air Weapon Range

17

(1) The undertaker must notify the Ministry of Defence, at least 14 days prior to the commencement of Work Nos 01 and 44, in writing, of the following information—

(a) the date of the commencement of the erection of any vent stack, or tall or narrow profile structure over 15 metres high;

(b) the maximum height of any construction equipment to be used in the erection of any vent stack;

(d) the latitude and longitude and maximum heights of the vent stack.

(2) The Ministry of Defence must be notified of any changes to the information supplied in accordance with this requirement and of the completion of the construction of the development.

Written approval

18

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

Amendments to approved details

19

(1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority or another discharging authority, the authorised development must be carried out in accordance with the approved details unless an application for an amendment or variation is submitted by the undertaker and agreed by the relevant planning authority or another discharging authority as specified in the relevant requirement, in accordance with sub-paragraph (2) and in consultation with any body specified in the relevant requirement.

(2) No amendments to or variations from the approved details may be approved if their likely significant effects on the environment are not assessed in the environmental statement, or have not been subject to such further assessment as the relevant planning authority or that other discharging authority may require; provided that such approval must not be given except where it has been demonstrated that the subject-matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved (as identified in the environmental statement).

(3) The approved details must be taken to include any amendments that may subsequently be approved by the relevant planning authority or that other discharging authority.

(4) Subject to sub-paragraph (2), if a relevant planning authority which receives an application for approval of any amendments to approved details under sub-paragraph (1) fails to notify the undertaker of its decision before the end of the period of 56 days beginning with the date on which the application was made, or such longer period as may be agreed in writing by the undertaker and the relevant authority, it is deemed to have granted consent.

Offshore consents

20

No part of the authorised development may commence until details of the following have been submitted to and approved by the Secretary of State—

(a) evidence that a carbon dioxide storage permit for the offshore pipeline and storage works is in place;

(b) evidence of any pipeline works authorisation required by section 14 of the Petroleum Act 1998 for the offshore pipeline and storage works.

Biodiversity net gain

21

(1) No development may commence until a scheme securing the provision of biodiversity net gain of 10% or greater for habitats affected by the construction of AGIs or BVSs forming part of the authorised development (as calculated using Natural England Biodiversity Metric 4.0, or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature consultation body), has been submitted to and approved in writing by the relevant planning authority.

(2) Where such a scheme is approved under this requirement, the works set out in that scheme must be carried out in accordance with the approved scheme.

Anticipatory steps towards compliance with any requirement

22

If, before the coming into force of this Order, the undertaker or any other person has taken any steps towards compliance with any provision of Part 1 of this Schedule, those steps may 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.

PART 2 — Procedure for discharge of Requirements

Applications made under requirements

23

(1) Where an application has been made to a discharging authority for any consent, agreement or approval under a requirement, the relevant discharging authority must give notice to the undertaker of its decision on the application within a period of 56 days beginning with—

(a) where no further information is requested under paragraph 25, the day immediately following that on which the application is received by the authority;

(b) where further information is requested under paragraph 25, the day immediately following that on which further information has been supplied by the undertaker to the discharging authority; or

(2) Subject to sub-paragraph (4) in the event that the discharging authority does not determine an application within the period set out in sub-paragraph (1), the discharging authority is taken to have granted all parts of the application (without any condition or qualification) at the end of that period unless otherwise agreed in writing.

(3) Any application made to a discharging authority pursuant to sub-paragraph (1) must—

(a) include a statement to confirm whether it is likely that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement and if it will then it must be accompanied by information setting out what those effects are; and

(b) include confirmation that the application has been notified and provided to the requirement consultees in accordance with sub-paragraph (5), if the provision governing or requiring the application specifies that consultation with a requirement consultee is required.

(4) Where an application has been made to a discharging authority for any consent, agreement or approval under a requirement and the relevant discharging authority does not determine the application within the period set out in sub-paragraph (1) and—

(a) such application is accompanied by a statement pursuant to sub-paragraph (3)(a) which states that the subject matter of such application is likely to give rise to any materially new or materially different environmental effects compared to those in the environmental statement; or

(b) the application is not accompanied by a statement pursuant to sub-paragraph (3)(a) but the discharging authority has determined during the period set out in sub-paragraph (1) that the subject matter of the application will give rise to any materially new or materially different environmental effects compared to those in the environmental statement,

then the application is to be taken to have been refused by the discharging authority at the end of that period.

(5) Where an application has been made to a discharging authority for any discharge, the undertaker will also submit a copy of that application to any requirement consultee.

Multiple discharging authorities

24

Where an application is required to be made to more than one discharging authority for any single consent, agreement or approval under a requirement, the undertaker may submit a request for comments in respect of its proposed application to each discharging authority and, where it does so, each discharging authority must provide its comments in writing on the proposed application within a period of 20 days beginning with the day immediately following that on which the request is received by the authority, or such longer period as may be agreed in writing by the undertaker and the relevant authority or authorities, so as to enable the undertaker to prepare a consolidated application to each discharging authority in respect of the consent, agreement or approval required by the requirement.

Further information

25

(1) Where an application has been made under paragraph 23 the discharging authority may, subject to complying with the requirements of this paragraph, request such reasonable further information from the undertaker as it considers is necessary to enable it to consider the application.

(2) If the discharging authority considers further information is necessary and the requirement does not specify that consultation with a requirement consultee is required, the discharging authority must, within 21 days of receipt of the application, notify the undertaker in writing specifying the further information required.

(3) If the requirement specifies that consultation with a requirement consultee is required, the discharging authority must issue the consultation to the requirement consultee within 10 days of receipt of the application and must notify the undertaker in writing specifying any further information requested by the requirement consultee within 10 days of receipt of such a request and in any event within 20 business days of receipt of the application.

(4) If the discharging authority does not give the notification mentioned in sub-paragraphs (2) or (3) or such longer period as may be agreed in writing by the undertaker and the relevant authority, or otherwise fails to request any further information within the timescales provided for in this paragraph, it is deemed to have sufficient information to consider the application and is not thereafter entitled to request further information without the prior agreement of the undertaker.

Fees

26

(1) Where an application is made to the approving authority for agreement or approval in respect of a requirement the fee for the discharge of conditions as specified in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (or any regulations replacing the same) is to be paid by the undertaker to the approving authority in accordance with these regulations.

(2) Any fee paid under this Schedule must be refunded to the undertaker within 35 days of—

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

(b) the relevant planning authority failing to determine the application or to provide written comments within 56 days from the date on which the application is received, or such longer period as may be agreed in writing under paragraph 23, unless within that period the undertaker agrees in writing that the fee may be retained by the relevant planning authority and credited in respect of a future application or a future request for comments.

Appeals

27

(1) The undertaker may appeal if—

(a) the discharging authority refuses, or is deemed to have refused, an application for–

(i) any consent, agreement or approval required by a requirement or any document referred to in any requirement; or

(ii) any other consent, agreement or approval required under this Order, or grants it subject to conditions to which the undertaker objects;

(b) having received a request for further information under paragraph 25 the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

(c) having received 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 necessary for consideration of the application.

(2) The procedure for appeals is as follows—

(a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or the determination, or (where no decision or determination has been made) the expiry of the time period set out in paragraph 23, giving rise to the appeal referred to in sub-paragraph (1);

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

(c) the undertaker must on the same day provide copies of the appeal documents to the discharging authority and the requirement consultee (if applicable);

(d) within 28 days of receiving the appeal documents the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the appointed person must be sent;

(e) the discharging authority and the requirement consultee (if applicable) may submit any written representations in respect of the appeal to the appointed person within 21 days beginning with the first day immediately following the date on which the appeal parties are notified of the appointment of the appointed person 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;

(f) the appeal parties may make any counter-submissions to the appointed person within 21 days beginning with the first day immediately following the date of receipt of written representations pursuant to sub-paragraph (d) above; and

(g) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

(3) 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 must be submitted.

(4) Any further information required pursuant to sub-paragraph (3) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person.

(5) The appeal parties may submit written representations to the appointed person concerning matters contained in the further information.

(6) Any such representations must be submitted to the appointed person and made available to all appeal parties within 10 business days of the date mentioned in sub-paragraph (3).

Outcome of appeals

28

(1) On an appeal under paragraph 27, 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.

(2) 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 paragraph 27.

(3) 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.

(4) 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 within six weeks of the date of the appointed person’s decision.

(5) Any consent, agreement or approval given by the appointed person pursuant to this Schedule is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority.

(6) 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) does not affect or invalidate the effect of the appointed person’s determination.

(7) Except where a direction is given pursuant to sub-paragraph (8) 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.

(8) 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 as to the costs of the appeal parties and the terms on which it is made, the appointed person must have regard to the Planning Practice Guidance: Appeals (March 2014) or any circular or guidance which may from time to time replace it.

Interpretation

29

In this Part of this Schedule—

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

“discharging authority” means the body responsible for giving a consent, agreement or approval under this Schedule; and

“requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the relevant authority in discharging that requirement.

SCHEDULE 3 — Streets subject to street works

PART 1 — Streets subject to permanent street works

(1) Area	(2) Streets subject to street works	(3) Description of the street works
In the borough of North Lincolnshire	Rosper Road	Construction of a permanent access to the Immingham facility using existing access ways at either Point 1-AA (Option 1) or Point 1-AB (Option 2) between Points 1- SA and 1-SB as shown on sheet 1 of the access and rights of way plans.
In the borough of North Lincolnshire	A160	Construction and installation of the pipeline by trenchless techniques within the A160 to the extent covered by Work No.3 on Sheet 1 the Works Plan.
In the borough of North Lincolnshire	Rosper Road, Humber Road	Installation and use of cables and fibre optic cables at a designated location along Rosper Road, running through Humber Road to the Immingham facility (between point 1- SA and 1-SB) as shown on sheet 1 of the access and rights of way plans.
In the borough of North Lincolnshire	A180	Construction and installation of the pipeline by trenchless techniques within the A180 to the extent covered by Work No.8 on Sheet 5 the Works Plan.
In the borough of North East Lincolnshire	Washingdales Lane	Construction of a permanent access to the Work No. 14, point 10-AB as shown on sheet 10 of the access and rights of way plans.
In the borough of North East Lincolnshire	Barton Street (A18), Washingdales Lane	Installation and use of cables and fibre optic cables at a designated location along Barton Street running through Washingdales Lane to the Work No. 14 (between point 10-SA and 10-SC) as shown on sheet 10 of the access and rights of way plans.
In the borough of North East Lincolnshire	Thoroughfare	Construction of a permanent access to Work No. 21, point 16-AB as shown on sheet 16 of the access and rights of way plans.
In the district of East Lindsey	Louth Road	Construction of a permanent access to Work No. 31, point 25-AA as shown on sheet 26 of the access and rights of way plans, and Work No. 31a. Installation and use of cables and fibre optic cables at a designated location along Louth Road to Work No. 31 (between point 25-SA and 26-SA) as shown on sheets 25 and 26 of the access and rights of way plans.

PART 2 — Streets subject to temporary street works

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