The Progress Power (Gas Fired Power Station) Order 2015

Article 3

SCHEDULE 2 REQUIREMENTS

Time limits

1.  The authorised development shall commence no later than the expiration of 5 years from the date this Order comes into force.

Numbered Works

2.  Where these Requirements refer to numbered work 1 or numbered work 3, such reference is to be taken to mean numbered works 1A to 1D (inclusive) and numbered works 3A and 3B respectively.

Detailed Design

3.—(1) The authorised development must be carried out in accordance with the approved plans in Table 1, inclusive of any limits of deviation, bearing the references listed below and any other plans, drawings, documents, details, schemes, statements or strategies which are approved by the relevant planning authority pursuant to any Requirement (as the same may be amended by approval of the relevant planning authority pursuant to Requirement 22(1)).

(2) In this paragraph “AOD” means above ordnance datum;

Table 1

Works Plans

Rights of Way, Streets and Access Plan

(3) The authorised development must be carried out in accordance with the parameters specified in Table 2 below (as the same may be amended by approval of the relevant planning authority pursuant to Requirement 22(1)).

Table 2

Building or structure	Maximum height (metres above existing site level of approximately 48.5 metres AOD)	Minimum height (metres above existing site level of approximately 48.5 metres AOD)	Maximum length (metres)	Minimum length (metres)	Maximum width (metres)	Minimum width (metres)
Each gas turbine generator (where one or two gas turbine generators are constructed) (part of numbered work 1A)	19.0	–	30.0	–	30.0	–
Each gas turbine generator (where three, four or five gas turbine generators are constructed) (part of numbered work 1A)	10.0	–	36.0	–	23.0	–
Each exhaust gas emission flue stack (where one or two gas turbine generators are constructed) (part of numbered work 1A)	30.0	25.0	–	–	8.4	–
Each exhaust gas emission flue stack (where three, four or five gas turbine generators are constructed) (part of numbered work 1A)	30.0	25.0	–	–	6.0	–
Control room/office/ workshop (part of numbered work 1B)	6.0	–	29.0	–	23.0	–
Black start diesel generator (part of numbered work 1B)	5.0	–	13.0	–	5.0	–
Raw/fire water tank (part of numbered work 1B)	11.0	–	11.0	–	11.0	–
Demineralised water tank (part of numbered work 1B)	2.0	–	2.0	–	2.0	–
Gas receiving station (part of numbered work 1B)	3.0	–	50.0	–	46.0	–
Switchyard / banking compound (numbered work 1C)	11.3	–	60	–	60	–
Switchgear Building (part of numbered work 1C)	11.3	–	21.0	–	15.0	–
Gatehouse (part of numbered work 1D)	4.5	–	9.0	–	8.0	–
Above ground installation (numbered work 3A)	3.0	–	72.0	–	52.0	–
Pipeline inspection gauge facility (part of numbered work 3A)	2.0	–	36.0	–	27.0	–
Minimum offtake connection (part of numbered work 3A)	2.0	–	36.0	–	25.0	–
Sealing end compound (part of numbered work 5)	12	–	22.0	–	45.0	–
Substation:
(gas insulated substation) – (maximum compound size) (part of numbered work 5)	12	–	80.0	–	100.0	–
(gas insulated substation) – (indoor switchgear hall) (part of numbered work 5)	12	–	21.0	–	62.0	–

(4) To the extent that design principles for any numbered work are set out in the design principles statement, that numbered work must be designed in accordance with the relevant design principle set out therein.

(5) Except to the extent approved pursuant to Requirement 6, numbered works 1, 2, 3 and 5 shall not commence until, for that numbered work, details of the layout, scale and external appearance of the numbered work have been submitted to and approved by the relevant planning authority.

(6) In respect of numbered work 6a, the undertaker must utilise horizontal directional drilling as the installation method where the numbered work crosses the A140.

(7) No part of numbered work 6a must commence until a method statement detailing measures to protect the integrity of the A140 from horizontal directional drilling or activities associated therewith has been submitted to and approved by the highway authority. The method statement must be implemented as approved.

Provision of landscaping

4.  No part of the authorised development shall commence until a written landscaping plan for each numbered work has been submitted to and approved by the relevant planning authority. The landscaping plan must include details of all proposed hard and soft landscaping works and be substantially in accordance with the landscaping mitigation proposals set out in the outline landscaping plans and the landscape mitigation strategy, and include details of—

(a) location, number, species, size and planting density of any proposed planting including details of any proposed tree planting and the proposed times of such planting, and details of protection measures including guards, stakes and deer fencing;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(c) bunds and 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) measures for the management of the ecological resources that will remain within the Order land on completion of the authorised development;

(h) implementation timetables for all landscaping works; and

(i) a scheme of landscape maintenance for the life of the authorised development (to include an aftercare protocol providing for joint annual inspections by the relevant planning authority and the undertaker for a period of ten years from the implementation dates as agreed pursuant to Requirement 5(2)).

Implementation and maintenance of landscaping

5.—(1) All landscaping works must be carried out in accordance with the landscaping plan approved under Requirement 4 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 in the landscaping plan under regulation 4.

(3) Any tree or shrub planted as part of an approved landscaping scheme that, within a period of five years (save in relation to numbered works 1 and 5 which is to be seven 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 approved by the relevant planning authority.

Highway accesses

6.—(1) No authorised development comprised in numbered works 1, 3 and 7 shall commence until for that numbered work, written details of the siting, design and layout (to the extent either not provided as part of or differing from, the details contained in Schedule 1, the works plans or the rights of way, streets and access plan) of any new permanent or temporary means of access to a highway to be used by vehicular traffic (including those identified in Schedule 3), or any alteration to an existing means of access to a highway used by vehicular traffic has been submitted to and approved by the relevant planning authority (in consultation with the highway authority).

(2) The highway accesses must be constructed in accordance with the approved details and in accordance with the drawing at Appendix A and Appendix B to the outline construction traffic management plan.

(3) Prior to the date of final commissioning, a reinstatement plan for those elements of numbered work 7 which enable connectivity between Old Norwich Road and the A140 must be submitted to and approved by the relevant planning authority, in consultation with the highway authority. The reinstatement plan must include—

(a) measures to reinstate the A140 carriageway to its pre-construction condition; and

(b) a landscaping plan showing how the land outside the A140 carriageway will be reinstated.

(4) The reinstatement plan must be implemented as approved.

Fencing and other means of enclosure

7.—(1) No authorised development comprised in numbered works 1, 3 and 5 shall be commenced until written details of all proposed permanent and temporary fences, walls or other means of enclosure for that numbered work have been submitted to and approved by the relevant planning authority.

(2) Any construction sites must remain securely fenced at all times during construction of the authorised development.

(3) Any temporary fencing must be removed within three months of the completion of the authorised development.

(4) The details approved pursuant to this requirement must be implemented.

Surface and foul water drainage

8.—(1) No authorised development comprised in numbered works 1, 2, 3, 5 and 7 shall be commenced until, for each numbered work, written details of the surface and foul water drainage strategy (including means of pollution control and measures designed to control surface water during construction) for construction and operational phases of the project have been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency, such strategy to be in accordance with the principles set out in Section 5 of the flood risk assessment.

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

Archaeology

9.—(1) No part of the authorised development shall be commenced until for each numbered work a written scheme of archaeological investigation covering that numbered work has been submitted to and approved in writing by the relevant planning authority, in consultation with Suffolk County Council. The written scheme of archaeological investigation must be in accordance with the stage 2 written scheme of archaeological investigation.

(2) Following completion of the investigations set out in the approved written scheme of archaeological investigation and prior to the commencement of each of numbered works 1 to 7, a written scheme regarding archaeological mitigation measures for that numbered work must be submitted to and approved in writing by the relevant planning authority, in consultation with Suffolk County Council and must include the following—

(a) an archaeological and historical background;

(b) the rationale, programme and methodology of site investigation and recording;

(c) the programme for post-investigation interpretation;

(d) provision to be made for publication and dissemination of the results of the site investigation, including for public benefit and understanding, should the nature of the archaeology warrant it;

(e) provision to be made for the deposition of the finds assemblage and the site archive;

(f) provision to be made for a programme of excavation fieldwork and post-excavation assessment should significant archaeological remains be encountered, and where warranted post-excavation analysis; and

(g) nomination of a competent person or persons/organisation with appropriate local / regional expertise to undertake the works set out within the written scheme of investigation.

(3) Any archaeological works must be carried out in accordance with the schemes approved pursuant to sub-paragraphs (1) and (2).

(4) Any site investigation and post-investigation interpretation must be completed for the relevant numbered works in accordance with the programme set out in the schemes approved pursuant to sub-paragraphs (1) and (2).

Ecological management plan

10.—(1) No part of the authorised development is to commence until, for that numbered work, a written ecological management plan substantially reflecting the ecological mitigation and enhancement measures and surveys set out in the ecological management strategy has been submitted to and approved by the relevant planning authority, in consultation with Natural England.

(2) The ecological management plan must include an implementation timetable and must be carried out as approved.

Construction Environment Management Plan

11.—(1) No part of the authorised development shall be commenced until a construction environment management plan covering that numbered work has been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency. The final construction environment management plan must be in accordance with the outline construction environment management plan and must include the following—

(a) complaints procedures;

(b) provision for setting up a Community Liaison Group;

(c) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, noise and vibration);

(d) waste management;

(e) an assessment of the site specific risks to and mitigation measures designed to protect controlled waters (surface and groundwaters) including pollution incident control;

(f) landscape and visual impact mitigation (specifically the protection of trees and hedgerows to be retained in accordance with BS 5837: 2012 (or its updates) and a scheme to minimise visual intrusion of the construction works);

(g) security measures;

(h) protocol in relation to unexploded ordnance;

(i) save in respect of numbered work 1, a protocol in the event that unexpected contaminated land is identified during ground investigation or construction;

(j) restoration of site following completion of construction;

(k) the requirement for completion of a soil resources survey, details of methods for soil handling, storage and replacement during construction and details of the aftercare programme; and

(l) a scheme of artificial lighting.

(2) All construction works must be undertaken in accordance with the approved construction environment management plan.

Land contamination

12.—(1) No part of authorised development comprised in numbered work 1 may commence until a written scheme (which may be included in the construction environment management plan) to deal with the contamination of any land, including groundwater, within the Order limits which is likely to cause significant harm to persons or significant pollution of controlled waters or ground waters or the environment has been submitted to and approved 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 approved by the relevant planning authority, to identify the extent of any contamination and a remediation strategy identifying the remedial measures to be taken, if required, to render the land fit for its intended purpose, together with a management plan (as necessary) which sets out long-term measures with respect to any contaminants remaining on the site and a verification plan outlining how achieving the remedial objectives will be demonstrated.

(3) Remediation, if required, must be carried out in accordance with the scheme approved under sub-paragraph (1).

(4) A verification report demonstrating completion of any remediation works and the effectiveness of the remediation must be submitted to and approved, in writing, by the local planning authority in consultation with the Environment Agency.

Construction traffic

13.—(1) No part of the authorised development may commence until a construction traffic management plan has been submitted to and approved by the relevant planning authority in consultation with the highway authority. The construction traffic management plan must be in accordance with the outline construction traffic management plan and must include the following—

(a) construction vehicle routing plans;

(b) details of a vehicle tracking system;

(c) evidence of appropriate trial runs that demonstrate the suitability of the route from point of entry onto the trunk road network to the site for the proposed types of abnormal indivisible loads;

(d) site access plans;

(e) proposals for the management of junctions to and crossings of highways and other public rights of way;

(f) proposals for the scheduling and timing of movements of delivery vehicles including details of abnormal indivisible loads;

(g) details of escorts for abnormal indivisible loads;

(h) proposals for temporary warning signs and banksman and escort details;

(i) proposals for assessing the existing condition of affected highways;

(j) details of any temporary or permanent improvements to highways;

(k) proposals for the making good of any incidental damage to highways by construction traffic associated with the authorised development including street furniture, structures, drainage features, highway verge and carriageway surfaces; and

(l) proposals for traffic management controls (such as temporary signals), diversion routes and signage required during any of the activities, operations or works associated with the creation or upgrading of any permanent or temporary means of access pursuant to this Order.

(2) The construction traffic management plan must be implemented as approved.

(3) During the operation or decommissioning of the generating station comprised in numbered work 1 no abnormal indivisible loads may be transported into or out of the site without the prior written approval of the relevant planning authority in consultation the highway authority.

Construction Travel Plan

14.—(1) No part of the authorised development may commence until a construction worker travel plan has been submitted to and approved by the relevant planning authority in consultation with the highway authority. The construction worker travel plan must be in accordance with the travel plan (other than the measures which relate to the operational phase).

(2) The construction worker travel plan must be carried out as approved.

Travel plan during operational phase

15.—(1) Prior to the date of final commissioning a written operational travel plan must be submitted to and approved by the relevant planning authority. The operational travel plan must be in accordance with the outline measures to propose sustainable transport during the operational phase set out in the travel plan (other than the measures which relate to the construction phase).

(2) The operational travel plan must be carried out as approved.

Construction hours

16.—(1) Subject to sub-paragraph (2) no construction work, or the delivery or removal of materials, may take place on any Sunday or public holiday and no construction work, or the delivery or removal of materials, may take place outside the hours of—

(a) 0700 and 1900 hours on weekdays; and

(b) 0700 and 1300 hours on Saturdays.

(2) Sub-paragraph (1) does not prevent construction works, or the delivery or removal of materials, being carried out on public holidays or outside the hours set out in sub-paragraph (1) with the prior written approval of the relevant planning authority.

(3) Nothing in sub-paragraph (1) precludes a start-up period from 0630 to 0700 and a shut down period from 1900 to 1930 on weekdays (excluding public holidays) and start-up period from 0630 to 0700 and a shut down period from 1300 to 1330 on a Saturday.

Control of noise during operational phase

17.—(1) Following the date of final commissioning of numbered work 1, site-attributable noise attributable to numbered work 1 during the operational phase must be limited to the noise levels set out below measured at the coordinates set out below—

Noise Limit Sound Pressure Level, LAeq, 5mins dB	Coordinates
	X	Y
57	613272.4		275205.6
55	613214.4		275014.8
52	613131.2		275156.8

(2) Noise measurements at each of the identified locations must be undertaken in accordance with the equipment specifications, measurement procedures and monitoring equipment positioning guidelines outlined in sections 4, 5 and 6 (save for 6.3.5 and 6.3.6 which are not applicable) of BS 4142:1997. Measurements should be undertaken with the power plant running at base load. A single LAeq 5min measurement will be required at each identified location during the day, evening and night time periods identified as follows: daytime (0700hrs to 1900hrs), evening (1900hrs to 2300hrs) and night time (2300hrs to 0700hrs).

(3) Within three months of the date of final commissioning of numbered work 1, the undertaker must submit measurements to the relevant planning authority taken in the vicinity of the relevant locations specified at sub-paragraph (1) of this requirement, including details of any remedial works and a programme of implementation should the emissions exceed the levels specified at sub-paragraph (1) of this requirement.

Control of artificial light emissions during operational phase

18.—(1) Each of numbered works 1, 3 and 5 must not commence until, after consultation with the relevant planning authority, a written scheme for the management and mitigation of artificial light emissions for that numbered work which is in accordance with the outline lighting strategy has been submitted to and approved by the relevant planning authority.

(2) The approved scheme for the management and mitigation of artificial light emissions must be implemented before and maintained during the operation of the relevant numbered work.

European protected species

19.—(1) No part of the authorised development shall commence until further supplemental survey work identified in the ecological management strategy and ecological management plan for European protected species has been carried out covering that numbered work to establish whether European protected species are present.

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

(3) “European protected species” has the same meaning as in regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010(1).

Operation of the authorised development

20.—(1) In any calendar year the operation of the gas turbine generators comprised in numbered work 1A shall not exceed 1500 hours in total.

(2) Within three months of the end of a calendar year, the undertaker must submit a written report to the relevant planning authority detailing the actual total number of hours of operation of the gas turbine generators comprised in numbered work 1A.

(3) For the purposes of this requirement, “operation of the gas turbine generators” means the duration in which any energy is exported at the settlement metering point, being the point at which a supply to the transmission system from the authorised development is measured.

Decommissioning strategy

21.—(1) Subject to obtaining the necessary consents, unless otherwise agreed with the relevant planning authority, within twenty four months of the site ceasing to be used for the purposes of electricity generation (either actively generating electricity or being available to generate electricity on a standby basis), a scheme for the demolition and removal of numbered works 1, 2, 3, 5 and any other un-numbered works carried out as necessary or expedient for the purposes of those numbered works must be submitted to the relevant planning authority.

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

(3) On the one year anniversary of the site ceasing to be used for the purposes of electricity generation (either actively generating electricity or being available to generate electricity on a standby basis) the undertaker must notify the relevant planning authority of the same.

Amendments to approved details

22.—(1) With respect to the approved plans specified in Requirement 3(1), the parameters specified in Requirement 3(3) and any other plans, details or schemes which require approval by the relevant planning authority pursuant to any other Requirement (the “Approved Plans, Parameters, Details or Schemes”), the undertaker may submit to the relevant planning authority for approval any amendments to the Approved Plans, Parameters, Details or Schemes and following any such approval by the relevant planning authority the Approved Plans, Parameters, Details or Schemes are to be taken to include the amendments approved pursuant to this sub-paragraph.

(2) Approval under sub-paragraph (1) for amendments to the parameters identified in Requirement 3(3) above must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority that the subject-matter of the approval sought does not give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved (as identified in the environmental statement).

Date of final commissioning and cessation

23.—(1) The undertaker must notify the relevant planning authority of the date of final commissioning as soon as reasonably practicable and in any event within three months after the occurrence of that date.

(2) The undertaker must notify the relevant planning authority of the date the authorised development permanently ceases to generate power on a commercial basis as soon as reasonably practicable and in any event within three months after the occurrence of that date.

(1)

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