The Knottingley Power Plant Order 2015

Article 3

SCHEDULE 1 AUTHORISED DEVELOPMENT

PART 1 Authorised Development

A nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act, comprising—

• Work No. 1 – an electricity generating station located on a site off Common Lane east of Knottingley, West Yorkshire which includes the site of a former chemical works, with a nominal net electrical output capacity of up to 1,500 MWe at ISO Conditions (with a tolerance of up to 5 per cent) fuelled by natural gas, comprising—

  (1)

  Work No. 1A – up to three separate generating units, with each generating unit including—

  (a)

  gas turbine and steam turbine within a turbine building;

  (b)

  one or two electricity generators within a turbine building;

  (c)

  heat recovery steam generator;

  (d)

  condenser;

  (e)

  main stack;

  (f)

  main and auxiliary transformer;

  (g)

  auxiliary cooling building;

  (h)

  condensate polisher;

  (i)

  oil water separator;

  (j)

  dosing system skid;

  (k)

  boiler feed pump building;

  (l)

  auxiliary electrical modules;

  (m)

  emission and ambient monitoring system;

  (n)

  blow down tank;

  (o)

  fuel gas coalescing filter;

  (p)

  fuel gas drains tank;

  (q)

  fuel gas flow measurement system;

  (r)

  fuel gas performance heater;

  (s)

  hydrogen storage;

  (t)

  condensate storage tank and make-up pump; and

  (u)

  pipe racks.

  (2)

  In addition to the generating units, Work No. 1A may comprise any of the following further elements—

  (a)

  cooling water pump house;

  (b)

  hybrid cooling towers;

  (c)

  chemical dosing station with electrical modules;

  (d)

  cooling water treatment;

  (e)

  general and unit services main control centre container;

  (f)

  fire protection pump house;

  (g)

  fire fighting and raw storage water tank;

  (h)

  de-mineralised water storage tank;

  (i)

  water treatment plant;

  (j)

  workshop and store building;

  (k)

  administration and control building;

  (l)

  water pre-treatment area;

  (m)

  water intake structure;

  (n)

  auxiliary boilers and associated stacks;

  (o)

  grease and oil storage building;

  (p)

  hazardous materials storage building;

  (q)

  emergency diesel generators and associated stacks;

  (r)

  gas receiving station;

  (s)

  gas boiler;

  (t)

  gas compressor building/area;

  (u)

  above Ground Installation/pig trap system;

  (v)

  gas compressor utility rooms;

  (w)

  water pre-treatment building; and

  (x)

  waste water treatment.

  (3)

  Work No. 1B – an electricity sub-station with gas insulated switchgear.

  (4)

  Associated development within the meaning of section 115(2) of the 2008 Act within the area comprised in Work No. 1A and Work No. 1B, namely—

  (a)

  lay down area;

  (b)

  car parking;

  (c)

  internal roadways and footpaths; and

  (d)

  lighting columns and lighting.

Associated development within the meaning of section 115(2) of the 2008 Act in connection with the Nationally Significant Infrastructure Project referred to in Work No. 1 comprising—

• Work No. 2 – area reserved for carbon capture, compression and storage and laid out as parking and open storage, including—

  (a)

  lay down area;

  (b)

  car parking;

  (c)

  security gatehouse;

  (d)

  internal roadways and footpaths; and

  (e)

  lighting columns and lighting.

• Work No. 3 – refurbishment of existing wharf on the Aire and Calder Navigation Canal and facilities to enable the offloading/unloading of equipment and materials from vessels moored at this wharf.

• Work No. 4 – improvements to Common Lane from the junction with Weeland Road running in an easterly direction to the western boundary of Work No. 1.

• Work No. 5 – National Grid upgrade works and new overhead line, including modification by way of alteration and repositioning of the existing 4YR Eggborough - Ferrybridge/Rochdale 400 kV overhead line route between towers 4YR001 and 4YR004 on land south and west of Kellingley Colliery, Knottingley, West Yorkshire, comprising—

  (a)

  construction and installation of a temporary pylon and temporary mast realignment through the temporary pylon and temporary mast of existing 400 kV overhead line, phase and earthwire conductors between pylon 4YR001 and pylon 4YR004 for the duration of construction;

  (b)

  construction and installation of two new transmission pylons, 4YR002R and 4YR003R, installation of new phase conductors, insulators, fittings and earthwire from pylon 4YR001 to pylon 4YR004;

  (c)

  removal of existing transmission pylon 4YR002 and pylon 4YR003 and the phase and earthwire conductors between pylon 4YR001 and pylon 4YR004;

  (d)

  installation of new connections from the new pylon 4YR003 to the electricity substation comprised in Work No. 1B;

  and in connection with such works comprised in Work No. 5, further associated development within the Order limits consisting of—

  (a)

  ramps, means of access and trackways;

  (b)

  drainage, wing walls, fencing and culverts;

  (c)

  works to alter the position of apparatus, including mains, sewers, drains and cables;

  (d)

  landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

  (e)

  works for the benefit or protection of land affected by the authorised development;

  (f)

  works required for strengthening, improvement, maintenance, or reconstruction of any streets;

  (g)

  establishment of highway accesses, site construction compounds, crane pads, anchor points, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction lighting and haulage roads;

  (h)

  installation of wires, cables, ducts, pipes, earthing strips and conductors;

  (i)

  installation of netted scaffold or any other form of third party asset protection as is deemed necessary for the duration of construction; and

  (j)

  such other works, including working sites storage areas, and works of demolition, as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development.

• Work No. 6 – cooling water pipelines and pumping station to convey water from the River Aire to the power plant for evaporative cooling and to convey purge water from the evaporative cooling system, treated wastewaters and rainwater to the River Aire comprising—

  (1)

  Work No. 6A – a water abstraction pipeline and intake screen arrangement to convey water from the river to the pumping station (Work No. 6C) including—

  (a)

  a passive wedge wire screen arrangement connected to the end of the pipeline at the intake point and installed to a depth of 1 m approximately above the river bed; and

  (b)

  a pipeline between the intake screen and the pumping station.

  (2)

  Work No. 6B – a water discharge pipeline to convey water from the pumping station to the river to the pumping station (Work No. 6C) including—

  (a)

  a dispersion device to distribute the discharged waters in the river; and

  (b)

  a pipeline between the dispersion device and the pumping station.

  (3)

  Work No. 6C – a pumping station containing a wet well sump and multiple pumps, including—

  (a)

  pump house building;

  (b)

  electrical supply and control equipment;

  (c)

  pipework and valves;

  (d)

  flow metering equipment;

  (e)

  power and control cables;

  (f)

  pump lifting equipment;

  (g)

  access track from Stocking Lane to Pumping Station compound; and

  (h)

  internal vehicular access, parking areas, pedestrian areas and landscaping, gated security fencing, close circuit television and intruder detection systems, lighting and rainwater drainage.

  (4)

  Work No. 6D – water abstraction and discharge pressure pipelines running in parallel from the Pumping Station to the southern boundary of Weeland Road.

  (5)

  Work No. 6E – water abstraction and discharge pressure pipelines running in parallel from the southern boundary of Weeland Road to the power plant site.

  The pipelines will be installed under Weeland Road and the Aire and Calder Canal using trenchless methods. The pipelines elsewhere in Work No. 6E will be laid in trench or using trenchless methods.

• Work No. 7 – above ground installation comprising—

  (a)

  connection to National Grid Gas National Transmission System (NTS) No. 29 feeder pipeline including NTS Spur Pipeline and Minimum Offtake Connection (MOC);

  (b)

  above ground pipework;

  (c)

  emergency shutdown devices;

  (d)

  pipeline Internal Gauge (PIG) launcher for pipe inspection while maintaining normal gas flow;

  (e)

  gas vents;

  (f)

  instrumentation kiosks;

  (g)

  standby generator sockets;

  (h)

  access track;

  (i)

  hardstanding;

  (j)

  security fencing and gates; and

  (k)

  perimeter landscaping treatment.

• Work No. 8 – a high pressure steel pipeline up to 600 mm (Nominal Bore) in diameter for the transport of gas. Its proposed route is shown by an indicative pink line (subject to the limits of deviation in article 6) on the works plan and comprises—

  (1)

  Work No. 8A – high pressure steel gas pipeline running from an indicative location within Work No. 7 near Gateforth in a southerly direction to the mid-point of Birkin Road where it connects with Work No. 8B.

  (2)

  Work No. 8B – high pressure steel gas pipeline running from Work No. 8A in the mid-point of Birkin Road in a predominantly southerly direction crossing the Fleet to a point on the northern bank of the River Aire where it meets Work No. 8C.

  (3)

  Work No. 8C – a high pressure steel gas pipeline running from the northern bank of the River Aire from Work No. 8B to the southern bank of the River Aire where it connects with Work No. 8D.

  (4)

  Work No. 8D – a high pressure steel gas pipeline running from the southern bank of the River Aire from Work No. 8C in a south and south westerly direction to the mid-point of Beal Lane where it connects with Work No. 8E. The pipeline will be installed under Marsh Drain using trenchless methods.

  (5)

  Work No. 8E – a high pressure steel gas pipeline running from the mid-point of Beal Lane from Work No. 8D in a westerly direction crossing New Lane to the mid-point of Common Lane where it connects with Work No. 8F.

  (6)

  Work No. 8F – high pressure steel gas pipeline running from the mid-point of Common Lane from Work No. 8E to the southern boundary of Weeland Road where it connects with Work No. 8G.

  (7)

  Work No. 8G – a high pressure steel gas pipeline running from the southern boundary of Weeland Road from Work No. 8F to Work No. 1A. The termination point shown on the works plan is indicative only.

  The gas pipeline will be laid using either trenched or trenchless methods except for—

  (a)

  all adopted highway crossings;

  (b)

  the River Aire crossing;

  (c)

  the Aire and Calder Canal crossing;

  (d)

  the Marsh Drain crossing (comprised in Work No. 8D); and

  (e)

  the Fleet crossing (comprised in Work No. 8B)

  where the pipeline will be installed using trenchless methods as shown on the works plan.

• Work No. 9 – alternative private track/temporary bridleway along the southern boundary of Work No. 1 from Blackburn Lane to Southmoor Lane, at least five metres wide and being gated at either end.

  In connection with Work Nos. 1 to 9 and to the extent that they do not otherwise form part of any such work, further associated development whether or not shown on the plan referred to in the requirements including—

  (a)

  bunds, embankments, landscaping, fencing and boundary treatments;

  (b)

  connection to the electricity network for the purpose of supply to the authorised development;

  (c)

  connection to the telecommunications network for the purpose of supply to the authorised development;

  (d)

  temporary construction site offices;

  (e)

  haul roads and hardstandings on site for the parking of construction vehicles plant and machinery or for the vehicles of construction workers;

  (f)

  construction of temporary lay down storage areas and compounds and their restoration;

  (g)

  water supply works, foul drainage provision, surface water management systems, channelling and culverting;

  (h)

  habitat creation;

  (i)

  temporary footpaths;

  (j)

  marker posts;

  (k)

  telecommunication cables to be laid alongside pipeline;

  (l)

  cathodic protection posts;

  (m)

  site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths);

  (n)

  earthworks (including soil stripping and storage, site levelling);

  (o)

  piling;

  and to the extent that they do not form part of any such work, further associated 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 and which fall within the scope of the works assessed by the environmental statement.

PART 2 Requirements

Interpretation

1.  In this Part of this Schedule—

“the AGI” means the above ground installation comprised in Work No. 7;

“the Canal and River Trust” means the private company limited by guarantee of that name (company number 07807276) whose registered office is at First Floor, North Station House, 500 Elder Gate, Milton Keynes, MK9 1BB;

“the capture equipment” means the plant and equipment required to capture and compress the target carbon dioxide and identified as such in the current CCS proposal;

“CCS” means carbon capture and storage;

“the CCS proposal” means a proposal for the capture, transport and storage of the target carbon dioxide, which identifies the proposed technology, transport route and storage location for the authorised development;

“the CCS site” means an area within the area hatched pink on the works plan and described as Work No. 2 in Part 1 of this Schedule, which satisfies relevant legal and policy requirements as in force from time to time;

“CEMP” means a construction and environmental management plan relating to the construction of the relevant part of the authorised development;

“the Common Lane upgrade” means Work No. 4 in Part 1 of this Schedule;

“the cooling water pipelines” means Work No. 6 in Part 1 of this Schedule;

“current CCS proposal” means—

(a)

the CCS proposal contained in appendix F.2 of the environmental statement, set out in a feasibility study and assessed in accordance with the guidance entitled “Carbon Capture Readiness (CCR) A guidance note for section 36 Electricity Act 1986 consent applications”; or

(b)

if a revised CCS proposal has been identified under Requirement 29, the proposal which has most recently been so identified;

“the gas pipeline” means Work No. 8 in Part 1 of this Schedule;

“the generating station” means Work No. 1 in Part 1 of this Schedule;

“heavy commercial vehicles” means any vehicles or mobile plant exceeding 3 tonnes in weight employed by the undertaker or its contractors or their subcontractors for the purpose of movement of aggregates plant and materials to and from the construction site during the construction period for the purposes of construction of the authorised development;

“the Lead Local Flood Authority” means the Lead Local Flood Authority as defined by section 6(7) of the Flood and Water Management Act 2010(1);

“NRIL” means Network Rail Infrastructure Limited, company number 02904587 registered at Kings Place, 90 York Way, London, N1 9AG;

“the overhead lines and pylons” means Work No. 5 in Part 1 of this Schedule as shown on the works plan;

“part of the authorised development” means any part of Work Nos. 1 to 9 as listed in Part 1 of this Schedule;

“the relevant highway authority” means the relevant highway authority for the area in which the land to which the relevant provision of this Order applies is situated;

“the remediation permission” means the planning permission granted by Wakefield Metropolitan District Council in relation to engineering and remediation works at the former Oxiris chemical works site in Knottingley, WF11 8BN and allocated the reference number 12/02488/FUL or any such variation as may be permitted by the relevant planning authority;

“Requirement consultee” means any person whom the relevant planning authority is required to consult when discharging any of the requirements in this Part of this Schedule; and

“Requirements” means the requirements under this Part of this Schedule.

Time limits

2.  The authorised development must not be commenced after the expiration of five years from the date this Order comes into force.

Detailed design

3.—(1) No part of the authorised development comprising the generating station may commence until details of the following have been submitted to and approved in writing by the relevant planning authority—

(a) details of the siting, design, external appearance and dimensions of all new or modified buildings and structures, including fencing or other means of enclosure, which are to be retained following commissioning;

(b) details of the colour, materials and surface finishes in respect of those buildings and structures referred to in paragraph (a);

(c) details of all external lighting;

(d) details of vehicular access and circulation roads, parking, hardstanding, loading and unloading facilities and turning facilities;

(e) details of drainage, storage tanks and silos;

(f) details of ground levels and heights of all permanent buildings and structures together with cross-sections through the site showing existing and proposed ground levels; and

(g) details of an operational travel plan, which must include details of the expected means of travel to and from the authorised development and any parking to be provided during the operational phase, and must be implemented within one month of the authorised development becoming operational.

(2) The details approved under sub-paragraph (1) must be in accordance with the following thresholds—

Maximum number of main stacks	3
Maximum height of main stacks	75 metres
Maximum height of turbine buildings and heat recovery steam generator	45 metres
Maximum height of auxiliary boiler stacks	30 metres
Maximum height of cooling towers	20 metres
Maximum height of other buildings and structures	15 metres

(3) The relevant planning authority must consult NRIL in respect of the details of fencing and external lighting approved under sub-paragraph (1) to the extent that they affect any railway belonging to NRIL.

(4) The authorised development comprising the generating station must be carried out in accordance with the approved details.

(5) A facility must be provided and maintained within Work No. 1 to enable steam pass-outs and/or hot water pass-outs and reserve space for the provision of water pressurisation, heating and pumping systems for off-site users of process and space heating and its later connection to such systems should a commercial arrangement be identified for combined heat and power which is economically viable.

(6) The generating station may not be brought into operation until an operational traffic management plan has been submitted to and approved by the relevant planning authority. The operational traffic management plan must be implemented as approved.

Overhead lines and pylons

4.—(1) No part of the authorised development comprising the overhead lines and pylons may commence until details of the overhead lines and pylons have been submitted to and approved in writing by the relevant planning authority.

(2) The details approved under sub-paragraph (1) must be in accordance with the following thresholds—

Maximum height of transmission towers

65 metres

(3) Prior to the commencement of development comprising the part of the overhead lines and pylons affecting a railway belonging to NRIL, the undertaker must enter into an Outside Parties Basic Asset Protection Agreement (BAPA) (terms of which should be reasonable and proportionate to the routine works and technical standards required for reconductoring powerlines) with NRIL in accordance with National Grid Electricity Transmission Limited’s NGET Master Wayleave Agreement dated 12th September 1961 and supplemental agreement 4YR/9 dated 3rd February 1967.

(4) The authorised development comprising the overhead lines and pylons must be implemented in accordance with the approved details and, insofar as it affects any railway belonging to NRIL, the BAPA entered into with NRIL.

Cooling water pipelines and pumping station

5.—(1) No part of the authorised development comprising the cooling water pipelines or pumping station may commence until details of the cooling water pipelines and pumping station, including fencing or other means of enclosure, have been submitted to and approved in writing by the relevant planning authority.

(2) The details approved under sub-paragraph (1) must be in accordance with the following thresholds—

Number of cooling water pipelines	2 (one abstraction and one discharge)
Maximum diameter	700 mm (nominal bore)
Maximum height of buildings, including security fence	5 metres

(3) The authorised development comprising the cooling water pipelines and pumping station must be implemented in accordance with the approved details.

Gas pipeline and AGI

6.—(1) No part of the authorised development comprising the gas pipeline and above ground installation may commence until—

(a) details of the gas pipeline, and

(b) details of the AGI, including in respect of fencing or other means of enclosure,

have been submitted to and approved in writing by the relevant planning authority.

(2) The details approved under sub-paragraph (1) in relation to the gas pipeline must be implemented in accordance with the following thresholds—

Maximum diameter

600 mm (nominal bore)

(3) The details approved under sub-paragraph (1) in relation to the AGI must be implemented in accordance with the following thresholds—

Maximum height of buildings, including security fence

3 metres

Provision of landscaping

7.—(1) No part of the authorised development may commence until a written landscaping scheme for that part has been submitted to and approved in writing by the relevant planning authority. The landscaping scheme must include 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 period;

(i) retained historic landscape features and proposals for restoration, where relevant;

(j) a tree and scrub buffer zone around the generating station and CCS areas, in accordance with the principles of the landscaping plan; and

(k) implementation timetables for all landscaping works.

(2) The relevant planning authority must consult NRIL in respect of landscaping details around the generating station that are adjacent to any railway belonging to NRIL.

Implementation and maintenance of landscaping

8.—(1) All landscaping works must be carried out in accordance with the landscaping scheme approved under Requirement 7 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 implemented in accordance with implementation timetables approved under Requirement 7.

(3) Any tree or shrub planted as part of an approved landscaping 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.

Footpath/Public Rights of Way diversions

9.—(1) No part of the authorised development may commence until a written public rights of way management plan for any sections of public rights of way shown to be extinguished or temporarily closed on the public rights of way temporary closures and permanent stopping up plan for that part has been approved in writing by the relevant planning authority in consultation with the relevant highway authority.

(2) The public rights of way management plan for the relevant part must include details of and a specification for the provisions of the temporary bridleway to be provided as part of Work No. 9.

(3) The public rights of way management plan and the provision of the temporary bridleway must thereafter be implemented as approved.

Highway accesses

10.—(1) No part of the authorised development may commence until 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, for that part, been submitted to and approved in writing by the relevant planning authority in consultation with the relevant highway authority.

(2) The highway accesses must be constructed in accordance with the approved details prior to commencement of the relevant part of the authorised development.

(3) No part of the authorised development may commence until, for that part, a written Access Management Scheme has been submitted to and approved in writing by the relevant planning authority.

(4) The Access Management Scheme must be implemented in accordance with the approved details.

Temporary buildings, structures and roads

11.—(1) No part of the authorised development comprising the generating station, the overhead lines and pylons, the pumping station or the AGI may commence until for that part a written scheme in accordance with sub-paragraph (2) has been submitted to and approved in writing by the relevant planning authority.

(2) The scheme must include details of—

(a) the siting, design and external appearance of temporary buildings and structures, artificial lighting and fencing to be erected and used during the period of construction;

(b) temporary vehicular roads, parking hardstandings, laydown areas and turning facilities to be used during the period of construction; and

(c) the secure fencing of construction sites.

(3) The scheme under sub-paragraph (2) must be implemented as approved.

(4) All temporary works must be removed within a period of twelve calendar months following commencement of the operational phase of the authorised development.

Surface and foul water drainage

12.—(1) No part of the authorised development may commence until, for that part, written details of the surface and foul water drainage systems (including means of pollution control) have been submitted to and approved in writing by the relevant planning authority in consultation with the internal drainage board, the Environment Agency, the Lead Local Flood Authority, the Canal and River Trust, and NRIL, as appropriate.

(2) The surface and foul water drainage system must thereafter be constructed in accordance with the approved details before the operational phase of that part of the authorised development commences.

Contaminated land and groundwater – general

13.—(1) No part of the authorised development may commence until, for that part, a written scheme produced in line with CLR11 Model Procedures (which may be included in the CEMP) to deal with the contamination of any land, including groundwater, within the Order limits has been submitted to and approved in writing by the relevant planning authority in consultation with the Environment Agency.

(2) The scheme must include an investigation and assessment report, prepared by a specialist consultant and approved in writing by the relevant planning authority, to identify the extent of any contamination and a risk based remedial strategy to be produced and fully implemented, based on the findings of the investigation, to render the land fit for its intended purpose, together with a management plan which sets out long-term monitoring measures with respect to any contaminants remaining on the site.

(3) If during construction of the authorised development contaminated land or groundwater is encountered in excavations of Order land that was not identified in the initial investigation and assessment, then work in the vicinity of that contamination must be suspended, additional investigation and assessment carried out, and the scheme produced under sub-paragraph (1) amended to reflect the results. The amendments and any additional remediation required must be approved by the relevant planning authority in consultation with the Environment Agency prior to any works resuming.

(4) Remediation must be implemented in accordance with the approved scheme.

(5) Prior to commencement of the authorised development (or resumption of works following additional investigation and assessment under sub-paragraph (3)), a verification report demonstrating completion of the remediation works and the effectiveness of the remediation must be submitted to and approved, in writing, by the relevant planning authority in consultation with the Environment Agency. The report must include results of the sampling and monitoring carried out in accordance with the approved remedial strategy to demonstrate that the site remediation criteria have been met.

Contaminated land and groundwater – known contamination on the site of the generating station

14.  The part of the authorised development comprising the generating station must not commence until the remediation permission has been implemented in full and a verification report under Requirement 13(5) has been submitted to and approved in writing by the relevant planning authority.

Archaeology

15.—(1) No part of the authorised development may commence until for that part a written scheme for the investigation of areas of archaeological interest has been submitted to and approved in writing by the relevant planning authority.

(2) The scheme must identify areas where field work and/or a watching brief are 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 implemented under the scheme must be by a suitably qualified person or body approved in writing by the relevant planning authority.

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

Ecological management plan

16.—(1) No part of the authorised development may commence until a written ecological management plan (which may form part of the construction environment management plan approved under Requirement 17) for that part has been submitted to and approved in writing by the relevant planning authority in consultation with the Canal and River Trust, the Yorkshire Wildlife Trust, West Yorkshire Ecology and North Yorkshire County Council Ecologist as appropriate.

(2) No part of the gas pipeline or water pipelines may commence, or material construction works on any part of them continue, between the months of October and February in any given year unless a wintering birds survey and, if appropriate, a proposed scheme of mitigation, is first submitted to and approved in writing by the relevant planning authority in consultation with Natural England. Any approved scheme of mitigation must be incorporated into the ecological management plan.

(3) The ecological management plan must contain on-site biodiversity mitigation to address the biodiversity loss resulting from the construction of the generating station (subsequent to the implementation of the remediation permission), unless off-site compensation or “offsetting” is provided to address this biodiversity loss (in full or in part) to the satisfaction of the relevant planning authority.

(4) The ecological management plan must include an implementation timetable and be implemented as approved.

Construction environment management plan

17.—(1) No part of the authorised development may commence until a CEMP relating to that part, which accords with the principles set out in the environmental statement (section 27 – Framework for a CEMP), has been submitted to and approved in writing by the relevant planning authority in consultation with the relevant highway authority.

(2) The CEMP must in particular include—

(a) a code of construction practice, specifying measures designed to minimised the impacts of construction works, addressing—

(i) external lighting;

(ii) noise and vibration;

(iii) air quality including dust;

(iv) construction hours, subject always to paragraph (e), being, between 0700 and 1900 hours on weekdays and 0800 and 1800 hours on Saturdays and no working on Sunday or public holidays, except during such periods and in such locations as are previously agreed by the relevant planning authority; save in relation to Work No. 5 to which no restriction applies under this sub-paragraph (iv);

(b) a site waste management plan;

(c) a traffic management plan addressing construction traffic to and materials storage on the authorised development, including any road closures, site access and a construction travel plan;

(d) a scheme for the notification of any significant construction impacts on local residents to local residents and the relevant planning authority;

(e) a scheme for impact piling, or other means of pile driving, addressing methods and duration of piling and stating the criteria according to which pile driving is chosen, which must require impact piling to be limited to the following times—

(i) Monday to Friday: 0900–1800 hours;

(ii) Saturday: 0900–1300 hours; and

(iii) no impact piling on Sunday or Bank Holidays

unless such impact piling is required because of an emergency;

(f) a water management assessment (assessment of the risks to and mitigation measures designed to protect controlled waters (surface and groundwater) including pollution control); and

(g) a review of the impact of the authorised development on the River Aire in a water body action plan.

(3) The relevant planning authority must consult NRIL in respect of the elements of the CEMP concerning—

(a) temporary external lighting around the generating station and overhead lines and pylons, to the extent that it affects any railway belonging to NRIL, and

(b) the construction traffic management plan in respect of the generating station and overhead lines and pylons.

(4) All construction works must be implemented in accordance with the CEMP.

Common Lane improvement

18.  Prior to commencement of the part of the authorised development comprising the generating station, Work No. 4 (improvements to Common Lane) must be implemented to the satisfaction of the relevant planning authority.

Air Safety

19.—(1) No part of the authorised development comprising the generating station may commence until the undertaker has notified the Ministry of Defence – Defence Geographic Centre in relation to the generating station of—

(a) the precise location of the authorised development with grid coordinates;

(b) the proposed date of commencement of construction;

(c) the height above ground level in metres of the tallest structure;

(d) the maximum extension height in metres of any construction equipment.

(2) The undertaker must ensure that any stacks are fitted with aviation warning lighting with a minimum intensity of 25 candela omni directional red light or equivalent infra-red light fitted at the highest practicable point of the structure.

(3) Within 28 days of completion of the construction of the generating station the undertaker must notify the Ministry of Defence – Defence Geographic Centre of the date of such completion of construction.

Flooding – mitigation

20.—(1) No part of the authorised development may commence until for that part there has been submitted to and approved in writing by (and deposited with) the relevant planning authority, in consultation with the Environment Agency and the relevant internal drainage board, a scheme for mitigation of flood risk during the construction and operation of the authorised development prepared in accordance with the principles set out in the flood risk assessment.

(2) The scheme approved must thereafter be fully implemented and adhered to throughout the period of the construction and operation of the relevant part of the authorised development.

Fire prevention

21.—(1) No part of the authorised development may commence until for that part there has been submitted to and approved in writing by the relevant planning authority a fire prevention method statement providing details of fire detection measures, fire suppression measures and the location of accesses to all fire appliances in all of the major building structures and storage areas within the authorised development such method statement to be prepared, including measures to contain and treat water used to suppress any fire.

(2) The authorised development must be implemented in accordance with the approved details and all the relevant fire suppression measures and fire appliances must be maintained to the reasonable satisfaction of the relevant planning authority at all times when the authorised development is operational.

Waste management on site – operational phase

22.—(1) No part of the authorised development may be brought into operation until the relevant planning authority has received and approved in writing a waste management plan for the operational phase for that part of the authorised development incorporating the principles in the environmental statement. The site waste management plan must address and include at least the following—

(a) the storage of waste materials on site;

(b) removal of waste materials from the site for recovery/disposal at appropriately licensed sites;

(c) the return/disposal of general engineering wastes (such as spent filters and used parts).

(2) The authorised development must thereafter be operated fully in accordance with the approved details.

Control of noise – operational phase

23.—(1) The part of the authorised development comprising the generating station may not be brought into operation until a written scheme for noise management including monitoring and attenuation for the use of the authorised development has been submitted to and approved in writing by the relevant planning authority in consultation with Selby District Council.

(2) Noise from the operation of the generating station must be no greater than the existing background level (expressed as LA90 dB) when monitored in accordance with BS4142: 1997 Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas, adjacent to the nearest residential properties at such locations as are agreed with the relevant planning authority. The noise levels must be monitored across 1 hour in the day-time and 5 minutes at night-time.

(3) The noise management scheme must be implemented as approved.

European protected species

24.—(1) No part of the authorised development may commence until further survey work for that part has been carried out to establish whether any European protected species is present on any of the land affected, or likely to be affected, by that part of the authorised development or in any of the trees to be lopped or felled or buildings to be demolished in connection with that part of the authorised development.

(2) Where a European protected species is shown to be present, no authorised development of that part may be begun until, after consultation with Natural England, a scheme of protection and mitigation measures has been submitted to and approved in writing by the relevant planning authority.

(3) The authorised development must be implemented in accordance with the approved scheme.

(4) The part of the authorised development comprising the generating station may not be commenced until great crested newts have been removed in accordance with the relevant condition of the remediation permission.

(5) “European protected species” has the same meaning as in regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010(2).

Restoration of land used temporarily for construction

25.—(1) Any land within the Order limits which is used temporarily for construction must be reinstated to its former condition, or such condition as the relevant planning authority may approve in writing (or which may be provided for under an approved landscaping scheme).

(2) Reinstatement works must be commenced promptly following completion of the relevant part of the authorised development, and within three months of any required approval by the relevant planning authority. The reinstatement must be implemented in accordance with any timetable included in any relevant approved landscaping scheme.

Air quality monitoring

26.—(1) The authorised development comprising the generating station may not become operational until there has been submitted to and approved in writing by Wakefield Metropolitan District Council in consultation with Selby District Council a scheme for the monitoring of nitrogen oxides (NOx) in the area.

(2) The scheme must—

(a) include the measurement locations from which air pollution is required to be monitored,

(b) specify the equipment and methods to be used,

(c) specify the frequency of measurement,

(d) require the first measurement to be taken not less than 24 months prior to the generating station becoming operational, and

(e) require the final measurement to be taken not more than 12 months after the cessation of operation.

(3) The undertaker must supply to Wakefield Metropolitan District Council and Selby District Council the full details of the measurements obtained in accordance with the scheme as soon as possible after they become available.

Combined heat and power

27.  A facility must be provided and maintained within Work No. 1 to enable steam pass-outs and/or hot water pass-outs and reserve space for the provision of water pressurisation, heating and pumping systems for off-site users of process and space heating and its later connection to such systems should a commercial arrangement be identified for combined heat and power which is economically viable.

28.—(1) Prior to the operation of Work No, 1, a review of potential opportunities for the use of heat from the authorised development must be submitted to and approved by the relevant planning authority.

(2) The review shall provide for the on-going monitoring and full exploration of potential opportunities to use heat from the authorised development as part of a good quality CHP scheme in accordance with the principles set out in the CHPQA Standard Issue 3, and for the provision of subsequent reviews of such opportunities as necessary.

(3) Where viable opportunities for the use of heat are identified, a scheme for the provision of the necessary Plant and pipework to the boundary of the site shall be submitted to and approved by the relevant planning authority; any plant and pipework installed up to the Order limits to enable the use of heat shall be installed in accordance with the agreed details.

(4) In this requirement, ‘CHPQ Standard Issued 3’refers to the document of that name prepared by the Department for Environment, Food and Rural Affairs and published in January 2009, and the reference to a ‘good quality CHP scheme ‘should be interpreted in accordance with that document.

CCS site

29.  Until such time as the generating station is decommissioned, the undertaker must not, without the written consent of the Secretary of State—

(a) dispose of any interest in the CCS site; or

(b) do anything, or allow anything to be done or to occur, which may reasonably be expected to diminish the undertaker’s ability, within two years of such occurrence, to prepare the CCS site for the installation and operation of the capture equipment.

CCS monitoring report

30.—(1) The undertaker must make a report (“CCS monitoring report”) to the Secretary of State—

(a) on or before the date on which three months have passed from commencement of operation of the authorised development; and

(b) within one month of the second anniversary, and each subsequent even-numbered anniversary, of that date.

(2) Each CCS monitoring report must provide evidence that the undertaker has complied with Requirement 29—

(a) in the case of the first CCS monitoring report, since this Order was made; and

(b) in the case of any subsequent report, since the making of the previous CCS monitoring report,

and explain how the undertaker expects to continue to comply with Requirement 29 over the next two years.

(3) Each CCS monitoring report must state whether the undertaker considers that some or all of the technology referred to in the current CCS proposals will not work and identify any other impediment to the technical feasibility of the current CCS proposal, explaining the reasons for any such conclusion and whether such impediments could be overcome. If the undertaker considers that technical impediments could be overcome by putting forward a revised CCS proposal, this should be included in the CCS monitoring report.

(4) Each CCS monitoring report must state, with reasons, whether the undertaker has decided to seek any additional regulatory clearances, or to modify any existing regulatory clearances, in respect of its current CCS proposals.

Applicability of Requirements 29 and 30

31.—(1) Requirements 29 and 30 will cease to have effect as soon as any of the following events occurs—

(a) the capture equipment is installed; or

(b) the generating station is decommissioned; or

(c) the Secretary of State’s agreement to the undertaker not installing capture equipment and having no current CCS proposals has been obtained in writing.

(2) Requirement 29 will cease to have effect if the requirement to hold land for the installation of capture equipment ceases to be included in law or planning policy as from time to time in force.

(3) Requirement 30 will cease to have effect if the requirement to submit a CCS report ceases to be included in law or planning policy as from time to time in force.

Decommissioning

32.—(1) Within 12 months of the generating station ceasing to be used for the purposes of generating electricity, a site closure and restoration plan for the demolition and removal of the generating station and pumping station must be submitted for approval by the relevant planning authority. The scheme must include—

(a) details of all structures and buildings to be demolished;

(b) details of the means of removal of the materials resulting from decommissioning works;

(c) details of the phasing of the demolition and removal works;

(d) details of the restoration works to restore the operations area to a condition agreed with the relevant planning authority;

(e) details of any restoration works and their phasing;

(f) a timetable in which the scheme must be carried out; and

(g) an environment management plan for the demolition and decommissioning works addressing the matters listed in Requirement 17 (construction environment management plan).

(2) The demolition and removal of the generating station must be implemented in accordance with the approved scheme.

Requirement for written approval

33.  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 provided in writing.

Approved details

34.—(1) All details submitted for the approval of the relevant planning authority under these Requirements must be in accordance with the parameters of the environmental statement and reflect the principles set out in the documents certified under article 37.

(2) The authorised development must be carried out in accordance with the design drawings subject to such non-material amendments as are approved in writing by the relevant planning authority; provided that such approval is not given except where it has been demonstrated to the satisfaction of the relevant planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(3) The authorised development must be carried out in accordance with the details approved.

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

Local liaison committee

35.  The authorised development may not commence until the undertaker has established a committee to liaise with local residents and organisations about matters relating to the authorised development (a “local liaison committee”). The local liaison committee must include representatives of the undertaker. The undertaker must invite Wakefield Metropolitan District Council, Selby District Council, North Yorkshire County Council, the Environment Agency, West Yorkshire Police and other relevant interest groups, as may be agreed with Wakefield Metropolitan District Council, to nominate representatives to join the local liaison committee. The undertaker must provide a full secretariat service and supply an appropriate venue. The local liaison committee must meet every other month, starting in the month prior to commencement of the authorised development, until the completion of construction, testing and commissioning works unless otherwise agreed in writing by the majority of the members of the local liaison committee. During the operational phase of the authorised development, the local liaison committee must meet once a year unless otherwise agreed in writing by the majority of the members of the local liaison committee.

Employment and Skills plan

36.  The authorised development comprised in Work No. 1 shall not commence until an employment and skills plan detailing arrangements to promote employment and skills development opportunities has been submitted to and approved in writing by the relevant planning authority. The plan must include proposals for promoting such opportunities for local residents and the approved employment and skills plan must be implemented and maintained during the construction and operation of the authorised development comprised in Work No.1.

Notice of start and completion of commissioning

37.—(1) Notice of the intended start of commissioning must be given to the relevant planning authority where practicable prior to such commencement and in any event within seven (7) days from the date that commissioning is commenced.

(2) Notice of the intended completion of commissioning must be given to the relevant planning authority where practicable prior to such completion and in any event within seven (7) days from the date that commissioning is completed.

Notice of commencement of operation

38.  Notice of the intended start of operation must be given to the relevant planning authority and the Environment Agency, by means of an operational phase notice, where practicable prior to such commencement and in any event within seven (7) days from the date that operation is commenced.

(1)

2010 c.29.

(2)

S.I. 2010/490. There are amendments to these Regulations which are not relevant to this Order.