Article 42
1. In this Schedule—
“the 1999 Regulations” means the Control of Major Accident Hazards Regulations 1999(1);
“the 2010 Regulations” means the Conservation of Habitats and Species Regulations 2010(2);
“132kV electrical circuits” means the works described in Work Nos. 17A to 17C of Schedule 1;
“aftercare” means monitoring, maintenance and management of land within the Order limits following its restoration;
“brine discharge pipeline” means the works described in Work Nos. 16A to 16L of Schedule 1;
“commence” means begin to carry out any material operation (as defined in section 155 of the 2008 Act) other than operations consisting of site clearance, demolition work, archaeological investigations, investigations for the purpose of assessing ground and geological conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, the temporary display of site notices or advertisements and “commencement” and “commenced” shall be construed accordingly;
“competent authority” means the Health and Safety Executive and Environment Agency acting jointly;
“construction phase” means the period during which works to construct the authorised development are carried out;
“construction work” means construction works undertaken during the construction phase;
“decommissioned cavern” means an operational cavern decommissioned pursuant to paragraph 32 or 33;
“decommissioning” means the decommissioning of operational caverns, structures, hoardings and other infrastructure comprised in the authorised development when it is no longer required for operational use or, as the case may be, upon the permanent cessation of operation of the authorised development;
“decommissioning phase” means the period during which the authorised development is decommissioned following permanent cessation of operation of the authorised development;
“European protected species” has the same meaning as in regulation 40 of the 2010 Regulations;
“European site” has the same meaning as it has in regulation 8(1) of the 2010 Regulations and includes the Morecambe Bay site designated under the Convention on Wetlands of International Importance especially as Waterfowl Habitat, signed in Ramsar, Iran in 1971, ratified by the United Kingdom in 1976 and known as the “Ramsar Convention”;
“existing mineworking” means a mineworking which existed prior to the making of this Order;
“Flints Caravan Park plan” means the drawing dated September 2012 and given drawing reference A-9100-4001 certified as the Flints Caravan Park plan by the Secretary of State for the purposes of this Order;
“Harbour Village plan” means the drawing dated September 2012 and given drawing reference A-9100-4003 certified as the Harbour Village plan by the Secretary of State for the purposes of this Order;
“Kneps Farm Holiday Park plan” means the drawing dated September 2012 and given drawing reference A-9100-4002 certified as the Kneps Farm Holiday Park plan by the Secretary of State for the purposes of this Order;
“mudstone” means the members of the Kirkham Mudstone formation known as the Coat Walls Mudstone Member (above the Preesall halite deposit) and the Thornton Mudstone Member (beneath the Preesall halite deposit), belonging to the Mercia Mudstone Group, characterised by a distinctive sequence of alternately red-brown and grey-green well bedded mudstones with many thin intercalations of siltstone and dolomitic siltstone and more particularly described on the Geological Survey of Great Britain (England and Wales) Sheet 66, 1:50,000 Series, Solid and Drift Edition, of the British Geological Survey Classification entitled “The Geology of the country around Blackpool” dated 1990 and further described in the accompanying British Geological Survey Sheet Memoir 66;
“NTS interconnector pipeline” means the works described in Work Nos. 20A to 20H of Schedule 1 (authorised development);
“operational phase” means the period during which the authorised development is in operational use as an underground gas storage facility;
“permanent cessation” means—
where it is referred to in the context of a part of the authorised development the cessation of operation of that part in circumstances that at the time of such cessation it is the undertaker’s understanding and expectation that that part of the authorised development will not be returned to operational use at any point in the future; and
where it is referred to in the context of the authorised development as a whole the cessation of operation of the authorised development in circumstances that at the time of such cessation it is the undertaker’s understanding and expectation that the authorised development as a whole will not be returned to operational use at any point in the future;
“reaming” means the process used to increase a pilot hole to the required size;
“restoration” means the restoration of land within the Order limits for future use after permanent cessation of the operation of the authorised development;
“stage” means a defined section or part of the authorised development, the extent of which is shown in a scheme submitted to and approved by the relevant planning authority pursuant to paragraph 3 (stages of authorised development);
“wet rockhead areas” means those parts of the subsoil of the Order limits shown on Figure 5.7 (Distribution of known wet rockhead (BGS data)) in the geology summary report where what was formerly the Preesall halite deposit has been dissolved by groundwater circulation such that mudstone strata overlying what was formerly the Preesall halite deposit have collapsed into it.
2. The authorised development must commence within five years of the date of this Order.
3. No authorised development shall commence until a written scheme setting out all the stages of the authorised development has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority.
4.—(1) The authorised development shall not be carried out otherwise than in accordance with the approved development plans.
(2) Notwithstanding sub-paragraph (1), no works to the sea wall crossing and observation platform comprising part of Work No. 16J of Schedule 1 (authorised development) shall commence until details of the layout, scale, external appearance and means of access of the sea wall and crossing and observation platform have been submitted to and approved by the relevant planning authority. Works to the sea wall crossing and observation platform must be carried out in accordance with the approved details.
(3) Notwithstanding sub-paragraph (1), no construction of a wellhead compound area (comprised in Work Nos. 2A to 2G (inclusive) of Schedule 1 (authorised development)) shown on the approved development plans shall commence until the following details for that wellhead compound area have been submitted to and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites) approved by the relevant planning authority—
(a)details of the siting and size of each wellhead compound area;
(b)details of the design and external appearance of any buildings, structures or equipment to be provided;
(c)means of access and details of the construction of each access;
(d)details of the construction of the surface of each wellhead compound area including the stripping and stockpiling of soils, the location and the storage of such, and the materials to be used in the construction of each wellhead compound area;
(e)details of any fencing to be erected; and
(f)details of any floodlighting to illuminate the wellhead compound area including the number, height and location of any stanchions to be erected or mobile floodlighting units to be used, the number of floodlights, their lux levels, angles of luminance and extent of light distribution.
(4) The details submitted pursuant to sub-paragraph (3) shall include the development of earth bunds and temporary screening to reduce visual disturbance to birds using the designated European sites and adjacent farmland, consistent with the principles of the landscape and ecological management strategy plan and environmental statement (Chapter 9 of Volume 1A).
(5) Each wellhead compound area shall be constructed in accordance with the details approved pursuant to sub-paragraph (3) for that wellhead compound area; and any approved temporary screening at a wellhead compound area shall be retained until the completion of construction from that wellhead compound area.
(6) Notwithstanding sub-paragraph (1), the construction of any underground pipe between any wellhead compound area (comprised in Work Nos. 2A to 2G (inclusive) of Schedule 1 (authorised development)) and any existing brine well shall not commence until details of the route, depth and design of such underground pipe have been submitted to and approved by the relevant planning authority; and the underground pipe shall be constructed in accordance with the approved details.
5. No stage of the authorised development shall commence until details of the external materials for any building within that stage have been submitted to and approved by the relevant planning authority.
6.—(1) No more than 19 operational caverns, with—
(a)a total storage capacity of up to 900 million standard cubic metres; and
(b)a working capacity of up to 600 million standard cubic metres but not less than 130 million standard cubic metres,
in each case specified at the standard temperature and pressure, shall be constructed within the “area for cavern development” shown on the approved development plan with reference A-1000-030 Rev B.
(2) Unless the safety reports (to be submitted pursuant to regulations 7(1), 7(5) and 8 of the 1999 Regulations), following communication of the competent authority’s conclusions of its examination of those reports pursuant to regulation 17 of the 1999 Regulations (and directions if any), allow otherwise—
(a)in this paragraph, where an operational cavern is not of a constant radius, reference to the radius of that operational cavern shall mean the largest radius for that operational cavern; and the maximum radius of any operational cavern shall not exceed approximately 50 metres;
(b)the thickness of the remaining salt between the operational cavern roof and the upper surface of the Preesall halite deposit shall be not less than the radius of each operational cavern;
(c)a minimum thickness of 20% of the radius of the operational cavern shall be maintained between the deepest point of the operational cavern and the basal surface of the Preesall halite deposit;
(d)wall to wall separation of proposed operational caverns, operational caverns, proposed decommissioned caverns or decommissioned caverns of equal diameter shall be no less than three times the radius of the proposed operational caverns, operational caverns, proposed decommissioned caverns or decommissioned caverns; wall to wall separation of proposed operational caverns, operational caverns, proposed decommissioned caverns or decommissioned caverns of unequal diameter shall be no less than the sum of one and a half times the radius of the smaller proposed operational cavern, operational cavern, proposed decommissioned cavern or decommissioned cavern plus one and a half times the radius of the larger proposed operational cavern, operational cavern, proposed decommissioned cavern or decommissioned cavern;
(e)the minimum distance between any operational cavern and the Burn Naze fault or any intra-grabinal fault shall be no less than three times the radius of that operational cavern;
(f)the minimum distance between any operational cavern and any existing brine cavern or existing mineworking shall be no less than four times the radius of that operational cavern (save that where the size of an existing brine cavern is not known the minimum separation distance between an operational cavern and the well head of that existing brine cavern shall be five times the radius of that operational cavern);
(g)the minimum distance between any operational cavern and any exploratory borehole drilled into the Preesall halite deposit shall be no less than twice the radius of that operational cavern;
(h)the minimum distance between any operational cavern and wet rockhead areas shall be four times the radius of that operational cavern.
(3) Within 7 days of the submission of the safety reports (to be submitted to the competent authority pursuant to regulations 7(1), 7(5) and 8 of the 1999 Regulations), copies shall be made available and submitted to Lancashire County Council.
7.—(1) Before commencing any stage of the authorised development, Natural England shall be consulted as to whether further survey work is required to establish whether a European protected species is present—
(a)on any of the land affected, or likely to be affected, by that stage of the authorised development; or
(b)in any of the trees to be lopped or felled or in buildings to be demolished during that stage of the authorised development.
No stage of the authorised development shall commence until further survey work (if required by Natural England) has been carried out to establish whether a European protected species is so present.
(2) Where a European protected species is shown to be present by such further survey work, that stage of the authorised development shall not commence until a scheme of protection and mitigation measures has been submitted to the relevant planning authority and, after consultation with Natural England and the Secretary of State for the Environment, Food and Rural Affairs, has been approved by the relevant planning authority. That stage of the authorised development shall be carried out in accordance with the approved scheme.
8.—(1) No stage of the authorised development shall commence until an ecological management strategy scheme for that stage, reflecting the survey results and ecological mitigation and enhancement measures included in the environmental statement (Chapter 9 of Volume 1A and Appendices 9.4–9.16 of Volume 1B), and including details of working methods, means of mitigation and restoration, has been submitted to and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites) approved by the relevant planning authority.
(2) The ecological management strategy scheme shall include an implementation timetable and give effect to the landscape and ecological management strategy plan where the landscape and ecological management plan is applicable to that stage of the authorised development; and must be carried out as approved.
9.—(1) No stage of the authorised development shall commence until a landscape scheme for that stage has been submitted to and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites) approved by the relevant planning authority. The scheme shall set out the long term design objectives, management responsibilities and maintenance schedules for all relevant landscape areas relating to that stage together with details of all proposed hard and soft landscaping works, including—
(a)location, number, species, size and planting density of any proposed planting;
(b)cultivation, importing of materials and other operations to ensure plant establishment;
(c)proposed finished ground levels;
(d)hard surfacing materials;
(e)vehicular and pedestrian access, parking and circulation areas;
(f)minor structures, such as furniture, refuse or other storage units, signs and lighting;
(g)proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports;
(h)details of existing trees to be retained, with measures for their protection during the construction phase; and
(i)programme and implementation timetable for all landscaping works.
(2) The landscape scheme shall give effect to the landscape and ecological management strategy plan where the landscape and ecological management strategy plan is applicable to that stage of the authorised development.
10.—(1) All landscaping works must be carried out in accordance with any relevant landscape scheme approved under paragraph 9 (landscape scheme) and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.
(2) The landscaping works must be carried out in accordance with implementation timetables approved under paragraph 9 (landscape scheme).
(3) Any tree or shrub planted as part of an approved landscape scheme that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise agreed with the relevant planning authority.
11.—(1) No stage of the authorised development shall commence until for that stage, written details of the siting, design and layout of any new permanent or temporary means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic, has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority.
(2) The highway accesses must be constructed in accordance with the approved details.
(3) No stage of the authorised development shall be begun until for that stage, a written access management scheme has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority.
(4) The access management scheme must be carried out in accordance with the approved details.
12.—(1) The maximum number of heavy goods vehicle movements to and from the Preesall site during the construction phase, operational phase and decommissioning phase shall not exceed 62 per day (31 in and 31 out).
(2) The number of heavy goods vehicles which enter the Preesall site shall be recorded by the site operator. These records shall be available for inspection at the site office, and a copy of these records shall be submitted to the relevant planning authority every six months, or within five working days of such records being requested by the relevant planning authority.
13. During the construction phase, operational phase and decommissioning phase the loads of all heavy goods vehicles carrying friable bulk materials or waste shall be covered on route to and from the Order limits unless the load is otherwise enclosed or an incoming load is being uncovered for the purposes of inspection.
14.—(1) Following construction of the access from the A588 comprised in Work No. 6 of Schedule 1 (authorised development) to base course level, wheel-cleaning facilities shall be provided at a location to be agreed with the relevant planning authority in writing.
(2) Unless otherwise agreed with the relevant planning authority in writing, the wheel-cleaning facilities installed shall remain available for use, and shall be maintained in full working order, at all times during the construction phase, and be used so as to ensure that no debris from any work site is deposited by vehicle wheels upon the public highway.
15. The access road between the wheel-cleaning facilities referred to in paragraph 14 (wheel cleaning facilities) and the boundary of the Preesall site shall, during the construction phase, be metalled and drained and kept clear of debris along its entire length at all times.
16.—(1) Upon completion of construction of the authorised development, all temporary access routes onto the public highway shall be closed, except for those to the gas compressor compound forming part of Work No. 3 in Schedule 1 (authorised development), to the booster pump station forming part of Work No. 4 in Schedule 1 (authorised development) and to the well head compound areas forming part of Work Nos. 2A to 2G in Schedule 1 (authorised development).
(2) All verges and field boundaries that will be affected by temporary access routes shall be restored in accordance with details to be first agreed in writing by the relevant planning authority and thereafter shall be maintained for a period of five years.
17.—(1) No stage of the authorised development shall commence until written details of all temporary fences or other means of enclosure for the construction of that stage have been submitted to and approved by the relevant planning authority.
(2) Any construction sites required for a stage of the authorised development must remain securely fenced at all times during the construction phase of that stage.
(3) Any temporary fencing must be removed on completion of the authorised development.
(4) No stage of the authorised development shall commence until written details of all permanent fences for that stage have been submitted to and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites) approved by the relevant planning authority.
(5) Any approved permanent fencing around works comprised in a stage of the authorised development must be completed before those works are brought into use.
(6) All fencing must be completed in accordance with the written details approved by the relevant planning authority.
18.—(1) No stage of the authorised development shall commence until for that stage, written details of the surface and foul water drainage system (including means of pollution control) have, after consultation with the sewerage and drainage authority, been submitted to and approved by the relevant planning authority. The surface and foul water drainage system must be constructed in accordance with the details approved under this sub-paragraph.
(2) No stage of the authorised development involving the diversion of any stream or watercourse shall commence until a scheme and programme (including a timescale) for its diversion has been submitted to and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites and with the Environment Agency) approved in writing by the relevant planning authority. The stream or watercourse must be diverted in accordance with the approved scheme and programme.
(3) Unless otherwise permitted under sub-paragraphs (1) and (2), throughout the construction phase, operational phase, and decommissioning phase, all ditches, watercourses, field drainage systems and culverts shall be maintained such that the flow of water is not impaired or the drainage onto and from adjoining land rendered less effective.
(4) All oil, diesel oil and lubricants stored within the authorised development for any purpose shall be stored on a base impervious to both oil and water and surrounded by an impermeable bund wall. The bunded area shall be capable of containing 110% of the largest tank’s capacity and all drain pipes, fill pipes and sight gauges shall be enclosed within its curtilage.
(5) All drilling mud shall be stored in a bunded area with an impermeable liner within the drilling compound prior to disposal in accordance with a scheme to be agreed with the relevant planning authority.
(6) All drilling cuttings shall be removed from each drilling compound for use in the landscape scheme or for disposal in accordance with a scheme to be agreed with the relevant planning authority.
19.—(1) No stage of the authorised development shall commence until for that stage, a written scheme for the investigation of areas of archaeological interest as identified in the environmental statement (Chapter 7 of Volume 1A) has been submitted to and approved by the relevant planning authority.
(2) The written scheme of investigation shall identify areas where a programme of archaeological investigation is required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.
(3) Any archaeological works or watching brief carried out under the archaeological scheme must be by a suitably qualified person or body approved by the relevant planning authority.
(4) Any archaeological works or watching brief must be carried out in accordance with the approved archaeological scheme.
20. No stage of the authorised development shall commence until written details of any external lighting to be installed—
(a)temporarily at any of the construction sites within that stage during the construction phase; or
(b)permanently during the operational phase at any site within that stage,
including measures to prevent light spillage, have, after consultation with the highway authority, been submitted to and approved by the relevant planning authority; and any approved means of lighting must subsequently be installed and retained for the duration of the construction phase and operational phase as approved.
21.—(1) Except in the event of an emergency, construction work (other than cavern drilling and cavern washing activities and, in relation to Work Nos. 12, 13, 14, 17B and 17C of Schedule 1 other than reaming activities) shall not take place other than between the hours of 08:00 and 18:00 hours Monday to Friday and 08:00 and 13:00 hours on Saturdays; and, unless otherwise agreed in writing with the relevant planning authority, except in the event of an emergency no construction work (other than cavern drilling and cavern washing activities) shall take place on Sundays and public holidays.
(2) Nothing in sub-paragraph (1) precludes—
(a)a start-up period from 07:30 to 08:00 and a shut-down period from 18:00 to 18:30 Monday to Friday; and
(b)a start-up period from 07:30 to 08:00 and a shut-down period from 13:00 to 13:30 on Saturdays.
(3) Unless otherwise agreed in writing by the relevant planning authority, no heavy goods vehicles shall, in the course of construction of the authorised development, enter or leave the Order land other than between the hours of 08:00 and 18:00 hours Monday to Friday and 08:00 and 13:00 hours on Saturdays (excluding public holidays); and in the course of construction of the authorised development, no heavy goods vehicles shall enter or leave the Order land on Sundays and public holidays, unless otherwise agreed in writing by the relevant planning authority.
22.—(1) Wellhead compound areas (including the erection of associated bunds and temporary screening) shall not be constructed other than during the months of May to August (inclusive) in the same calendar year.
(2) Drilling operations within wellhead compound areas shall take place at no more than one wellhead compound area at any one time.
23.—(1) No stage of the authorised development shall commence until a code of construction practice has been submitted to and approved by the relevant planning authority.
(2) All construction works shall be undertaken in accordance with the approved code of construction practice, unless otherwise agreed with the relevant planning authority.
24.—(1) No stage of the authorised development shall commence until a construction worker travel plan relating to the construction phase has been submitted to and approved by the relevant planning authority.
(2) The construction worker travel plan shall be implemented during the construction phase.
25. All filtered material resulting from solution mining shall be disposed of on-site unless otherwise agreed in writing with the relevant planning authority.
26.—(1) No stage of the authorised development shall commence until a written scheme for noise management during construction and maintenance of that stage has been submitted to and approved by the relevant planning authority.
(2) The scheme shall set out the particulars of—
(a)the works, and the method by which they are to be carried out;
(b)the noise attenuation measures to be taken to minimise noise resulting from the works, including any noise limits;
(c)a scheme for monitoring the noise during the works to ensure compliance with the noise limits and the effectiveness of the attenuation measures;
(d)noise attenuation measures required to avoid significant disturbance to birds associated with the designated European sites; and
(e)a scheme for the handling of complaints in respect of noise resulting from the works, including a designated point of contact to which such complaints may be submitted.
(3) The approved noise management scheme must be implemented before and maintained during construction and maintenance of the relevant stage of the authorised development.
(4) The construction and maintenance works must be undertaken in accordance with the approved noise management scheme.
(5) All plant, equipment and machinery used in the construction, operation and maintenance of the authorised development shall be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer’s specification and shall be maintained in accordance with that specification at all times during the construction, operation and maintenance of the authorised development.
(6) Notwithstanding sub-paragraph (1), during drilling under the river Wyre comprised in Work Nos. 12, 13 and 14 of Schedule 1 (authorised development), noise levels at the nearest occupied residential property at Harbour Village shall not exceed—
(a)60dB LAeq,1h between the hours of 07:00 and 19:00;
(b)55dB LAeq,1h between the hours of 19:00 and 23:00; and
(c)42dB LAeq,1h between the hours of 23:00 and 07:00,
and in this sub-paragraph “Harbour Village” means the land edged red on the Harbour Village plan.
(7) Notwithstanding sub-paragraph (1), during drilling under the river Wyre comprised in Work Nos. 17B and 17C of Schedule 1 (authorised development), noise levels at the nearest occupied caravan at Kneps Farm Holiday Park and at the nearest occupied caravan at Flints Caravan Park shall not exceed—
(a)60dB LAeq,1h between the hours of 07:00 and 19:00;
(b)55dB LAeq,1h between the hours of 19:00 and 23:00; and
(c)42dB LAeq,1h between the hours of 23:00 and 07:00,
and in this sub-paragraph “Kneps Farm Holiday Park” means the land edged red on the Kneps Farm Holiday Park plan and “Flints Caravan Park” means the land edged red on the Flints Caravan Park plan.
27.—(1) No stage of the authorised development shall commence operation until a written scheme for noise management of works comprised in that stage, including monitoring and attenuation for the use of works comprised in that stage of the authorised development, has been submitted to and approved by the relevant planning authority.
(2) The noise management scheme must be implemented as approved and maintained for the duration of use of the authorised development.
28.—(1) No stage of the authorised development shall commence until a written scheme for the management and mitigation of dust emissions for that stage has been submitted to and approved by the relevant planning authority.
(2) The approved scheme for the management and mitigation of dust emissions must be implemented before and maintained during the construction phase, operational phase and decommissioning phase (as appropriate) of the relevant stage of the authorised development.
29. All topsoil and subsoil storage mounds arising from the authorised development shall be kept free from noxious weeds.
30.—(1) No stage of the authorised development involving the stripping of soil shall commence until a scheme setting out the method, handling, storage, re-instatement and programme of works related to the stripping of soil (if any) comprised in that stage has been submitted to and approved by the relevant planning authority.
(2) Soil stripping must be carried out in accordance with the approved scheme.
31.—(1) No stage of the authorised development shall commence until a scheme of decommissioning, restoration and aftercare for that stage has been submitted to and approved by the relevant planning authority.
(2) The scheme (so far as relevant to that stage) shall include proposals for—
(a)decommissioning of the operational caverns following permanent cessation of such operational caverns;
(b)decommissioning of the pipelines comprised in the authorised development;
(c)what above-ground structures, buildings and other parts of the authorised development are to be demolished, removed or retained and the means of any demolition;
(d)the phasing (if any) of any decommissioning, demolition or removal proposed in paragraphs (a) to (c);
(e)the means of removal of decommissioning materials and demolition waste arising from the activities listed in paragraphs (a) to (c);
(f)the restoration and aftercare of land on which works comprised in that stage of the authorised development are located.
32.—(1) Following the completion of all solution mining works relating to the creation of a proposed operational cavern pursuant to the powers granted in this Order, if that proposed operational cavern is determined during testing to be unsuitable for the storage of gas and after a period of 24 months from the date of that determination it is still deemed unsuitable for storage of gas, then a scheme detailing the decommissioning of that proposed operational cavern (referred to hereafter in this paragraph as a “redundant cavern”) and infrastructure related to that redundant cavern not required for the remainder of the authorised development shall be submitted to the relevant planning authority for approval.
(2) The scheme referred to in sub-paragraph (1) shall also set out proposals for—
(a)the long-term management of the redundant cavern;
(b)the monitoring of the redundant cavern;
(c)a risk management plan setting out measures to be taken in appropriate circumstances to minimise risk in respect of the redundant cavern; and
(d)a timetable for implementation of the scheme.
(3) Following written approval by the relevant planning authority, the scheme referred to in sub-paragraph (1) shall be implemented.
33.—(1) Six months prior to the permanent cessation of operation of the authorised development, a scheme of decommissioning, restoration and aftercare of the authorised development shall be submitted for approval in writing by the relevant planning authority.
(2) The scheme shall include proposals for—
(a)future uses of the operational caverns following permanent cessation of such operational caverns or (if none) the means of decommissioning such operational caverns;
(b)future uses of the pipelines comprised in the authorised development or (if none) the means of decommissioning of such pipelines;
(c)what above-ground structures, buildings and other parts of the authorised development are to be demolished or retained and the means of any demolition;
(d)the phasing of any decommissioning, demolition or removal proposed in paragraphs (a) to (c);
(e)the means of removal of decommissioning materials and demolition waste arising from the activities listed in paragraphs (a) to (c);
(f)works for the restoration of land within the Order limits on which the authorised development is located and the phasing of such restoration works;
(g)aftercare of the authorised development, having regard to any future uses of elements of the authorised development, including the long-term monitoring and management of the decommissioned caverns;
(h)a risk management plan setting out measures to be taken in appropriate circumstances to minimise risk in respect of the authorised development following permanent cessation of operation of the authorised development; and
(i)a timetable for implementation of the scheme.
(3) The scheme shall be implemented as approved following the permanent cessation of the operation of the authorised development.
34.—(1) Save in the case of emergency (which shall include but not be limited to works necessitated by safety or production requirements), 28 days’ written notice shall be given to the relevant planning authority prior to the implementation of any maintenance works relating to the brine discharge pipeline, the 132kV electrical circuits and NTS interconnector pipeline. The notice shall set out the extent of the maintenance works and their timing.
(2) Save in the case of emergency (which shall include but not be limited to works necessitated by safety or production requirements) or unless otherwise agreed in writing with the relevant planning authority, all maintenance works to the brine discharge pipeline, the 132kV electrical circuits and NTS interconnector pipeline shall not be carried out other than between the hours of 07:00 and 18:00 (Monday to Saturday) and no such maintenance work shall be carried out on a Sunday, bank holiday or public holiday.
(3) The maintenance works described in sub-paragraphs (1) and (2) shall be carried out and the land related to such maintenance works shall be reinstated as expeditiously as reasonably practicable.
35.—(1) That part of the interconnector gas pipeline between Work No. 3 in Schedule 1 (authorised development) and Back Lane, comprised in Work No. 20A in that Schedule, shall not be commenced until a ground subsidence monitoring scheme relating to the Preesall site has been submitted to and approved by the relevant planning authority. The scheme shall include details of—
(a)how ground levels are to be monitored; and
(b)the extent within the Preesall site and timescales of any monitoring activities.
(2) Within 6 months of any ground subsidence being identified by the monitoring activities set out in the ground subsidence monitoring scheme, a scheme setting out necessary mitigation measures (if any) for such ground subsidence (a “ground subsidence mitigation scheme”) shall be submitted to the relevant planning authority for approval.
(3) The ground subsidence monitoring scheme and ground subsidence mitigation scheme shall be implemented as approved, unless otherwise agreed in writing by the relevant planning authority.
36. The undertaker shall in the course of construction of the works authorised under the marine licence set out at Schedule 7 (deemed licence under the Marine and Coastal Access Act 2009) ensure that any jack up barges or vessels utilised, when jacked up, shall exhibit signals in accordance with the UK standard marking schedule for offshore installations(3).
37.—(1) All works in respect of pipelines and cables comprised in the authorised development which cross the river Wyre (including the creation of compounds associated with such works (referred to in this paragraph as “compounds”))—
(a)shall be carried out in such a way as to ensure that there is no encroachment on or damage to habitats within the designated European sites; and
(b)shall not be carried out other than during the months of May to August (inclusive) in the same calendar year save that any excavation and drilling operations comprised in such works may be undertaken only during the months of May to July (inclusive) in the same calendar year and save that the creation of compounds may be undertaken only during the months of April to August (inclusive) in the same calendar year.
(2) Compounds shall not be created until details of the siting of such compounds have been submitted to the relevant planning authority and (after consultation by the relevant planning authority with Natural England in relation to measures necessary to avoid or mitigate significant effects on designated European sites) have been approved by the relevant planning authority; and the compounds shall be created in accordance with the approved details.
38. The works described in Schedule 3 (streets subject to alteration of layout) shall not be commenced until a written agreement has been entered into with the highway authority (which shall not unreasonably withhold or delay its entry into such an agreement) which provides for—
(a)completion of those works to the reasonable satisfaction of the highway authority;
(b)dedication of those works as public highway upon such completion;
(c)agreement by the highway authority to adopt the works as highway maintainable at the public expense following—
(i)such completion; and
(ii)the expiry of a maintenance period of 12 months during which time any necessary remedial works shall be undertaken by the undertaker at its own expense; and
(d)such other matters reasonably required by the highway authority in respect of sub-paragraphs (a) to (c) which are usually and reasonably included in such written agreements with highway authorities.
39. Where under any of the above Requirements the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be given in writing.
40. With respect to any Requirement which requires the authorised development to be carried out in accordance with details agreed with the relevant planning authority, the agreed details shall be taken to include any amendments that may subsequently be agreed in writing with the relevant planning authority.
41. Where the words “unless otherwise agreed with the relevant planning authority” or “unless otherwise agreed in writing with the relevant planning authority” appear in these Requirements, any such agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of that authority that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
Obtainable by post from the Department of Energy and Climate Change, OED - EDU, Environment Management Team, 4th Floor, Atholl House, 86-88 Guild Street, Aberdeen, AB11 6AR (telephone 01224 254050; email EMT@decc.gsi.gov.uk).