The North Blyth Biomass Power Station Order 2013

Control of noise during operational phase

36.—(1) Specific noise generated following commissioning of the authorised development must not exceed the following levels when measured generally in accordance with BS 4142 1997 at 3.5 metres from the facades of any noise sensitive receptor—

(a) between 23:00 hours and 07:00 hours: the greater of a level of 5 dB above background or 40 dB LAeq, 5 min; and

(b) between 07:00 hours and 23:00 hours: the greater of a level of 5 dB above background or 40 dB LAeq, 1 hour.

(2) Sub-paragraph (1) does not apply to any emergency event, or to any steam purging, commissioning or testing event previously notified to the relevant planning authority and Natural England; and any testing of steam valves, or other activities during maintenance causing intermittent noise levels above 55 dB(A) LA Max measured at Cambois coal staithes (national grid reference point NZ 30679 82815) and on Cambois Beach (national grid reference point NZ 31204 82857) shall be restricted to the months of April to July (inclusive) in any calendar year unless otherwise agreed with the relevant planning authority and Natural England.

(3) The authorised development must not be brought into first commercial use until a plan for controlling intermittent noise levels has been submitted to and approved by the relevant planning authority. The submitted plan must deal with—

(a) design measures including enclosures, atmospheric vent silencers and acoustic lagging of external steam pipes and valves;

(b) processes for controlling the noise emitted during steam valve testing;

(c) the identification of other testing processes likely to give rise to high intermittent noise levels and procedures for the control of emitted noise; and

(d) methods for informing the relevant planning authority in advance of testing events likely to give rise to high intermittent noise levels and for publicising for local residents the intended testing.

The authorised development must thereafter be operated in accordance with the approved plan.

(4) In this Requirement—

“background” means the noise levels recorded in the background noise survey results contained in appendix 8.1 of the environmental statement;

“noise sensitive receptor” means those locations specified in the environmental statement chapter 8 or otherwise previously agreed with the relevant planning authority; and

“relevant activities” means any activities carried out in an area in respect of which the local authority has not exercised its powers under Part III of the Control of Pollution Act 1974.