The Palm Paper Mill Generating Station Order 2016

Articles 2(1) and 3(2)

SCHEDULE 2 Requirements

Time limit for commencing authorised development

1.  The authorised development must be commenced on or before 11th February 2021.

Notice of commencement of authorised development

2.  Notice of commencement of the authorised development must be given to the relevant planning authority within 7 days of the date on which the authorised development is commenced.

Commissioning of authorised development: notice of commencement and completion

3.—(1) Notice of the commencement of commissioning must be given to the relevant planning authority within 7 days of the date on which commissioning is commenced.

(2) Notice of the completion of commissioning must be given to the relevant planning authority within 7 days of the date on which commissioning is completed.

(3) In this Requirement, “commissioning” means the process of ensuring that all systems and components of the authorised development are installed, tested, and operable in accordance with the design and operational requirements of the undertaker.

Detailed design

4.—(1) The authorised development must be carried out in accordance with the following plans and documents—

(a) the conceptual surface water drainage system;

(b) the environmental statement;

(c) the existing site layout plan;

(d) the design and access statement;

(e) the land plan and site location plan;

(f) the maximum parameters of works;

(g) the site layout and works plan.

(2) In this Requirement—

“conceptual surface water drainage system” means the document certified by the Secretary of State as the conceptual surface water drainage system under article 13;

“design and access statement” means the document certified by the Secretary of State as the design and access statement under article 13;

“existing site layout plan” means the plan certified by the Secretary of State as the existing site layout plan under article 13;

“maximum parameters of works” means the document certified by the Secretary of State as the maximum parameters of works under article 13.

Provision of landscaping

5.—(1) No part of the authorised development may be commenced until a landscaping scheme has been submitted to and approved by the relevant planning authority.

(2) The landscaping scheme must reflect the proposals set out in the outline landscaping plan and 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 refuse or other storage units, signs and lighting; and

(g) implementation timetables for all landscaping works.

(3) In this Requirement, “outline landscaping plan” means the plan certified by the Secretary of State as the outline landscaping plan under article 13.

Implementation and maintenance of landscaping

6.—(1) All landscaping works must be carried out—

(a) in accordance with the landscaping scheme approved under Requirement 5;

(b) to a reasonable standard in accordance with relevant recommendations of appropriate British Standards or other recognised codes of good practice; and

(c) in accordance with implementation timetables approved under Requirement 5.

(2) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 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.

Surface and foul water drainage

7.—(1) No part of the authorised development may be commenced until 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.

(2) The surface and foul water drainage system must be constructed and implemented in accordance with the approved details.

Contaminated land and groundwater

8.—(1) No part of the authorised development may be commenced until a scheme to deal with the contamination of any land (including groundwater) within the Order limits (the “site”) that is likely to cause significant harm to persons or pollution of controlled waters or the environment has, after consultation with the Environment Agency, been submitted to and approved by the relevant planning authority.

(2) The scheme must include—

(a) an investigation and assessment report, prepared by a specialist consultant approved by the relevant planning authority, to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose; and

(b) a management plan that sets out long-term measures with respect to any contaminants remaining on the site.

(3) The scheme must be implemented as approved.

(4) If during construction of the authorised development contamination not previously identified is found to be present on the site, then, unless otherwise agreed by the relevant planning authority, no further works for the authorised development may be carried out until a remediation strategy detailing how the unidentified contamination will be dealt with has been submitted to and approved by the relevant planning authority.

(5) The remediation strategy must be implemented as approved.

(6) In this Requirement, “controlled waters” has the meaning given in Part 3 of the Water Resources Act 1991(1).

Construction environmental management plan

9.—(1) No part of the authorised development (excluding archaeological, soil movement and ecological mitigation works) may be commenced until a construction environmental management plan drafted in accordance with the principles set out in the environmental statement and the outline construction environmental management plan has been submitted to and approved by the relevant planning authority.

(2) The construction environmental management plan must include—

(a) details of the methods to control noise and vibration arising from construction activities, which must include—

(i) proposals for monitoring construction noise;

(ii) proposals for introducing mitigation measures or alternative working practices where measurements exceed acceptable limits;

(b) details of the methods to be used to control dust and other emissions;

(c) details of all temporary fencing, temporary buildings, compound areas and parking areas, including arrangements for their removal following the completion of construction;

(d) details of areas to be used for the storage of plant, construction materials and waste;

(e) details of the facilities to be provided for the storage of fuel, oil and other chemicals, including measures to prevent pollution;

(f) details of temporary lighting arrangements;

(g) measures to ensure that construction vehicles do not deposit mud on the public highway;

(h) a scheme for the routing of construction heavy goods vehicles accessing the site;

(i) a scheme making provision for any abnormal wear and tear arising from heavy goods construction vehicles to the highway between the site and the A47;

(j) details of mitigation measures to protect biodiversity interests within the site during construction;

(k) advisory signage at public access points advising of possible hazards, including the potential for sudden noise;

(l) details of the methods to be used to perform a ground gas risk assessment; and

(m) details of a survey to establish whether any as yet unmapped private sewers are present within the Order limits.

(3) The construction environmental management plan must be implemented as approved.

(4) In this Requirement, “outline construction environmental management plan” means the plan certified by the Secretary of State as the outline construction environmental management plan under article 13.

Construction traffic

10.—(1) No stage of the authorised development may be commenced until a construction traffic management plan has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority in relation to that stage.

(2) The construction traffic management plan must include, in relation to each stage of construction, details of—

(a) the preferred route to be used by construction traffic;

(b) the steps to be taken to advise drivers of vehicles visiting the site of the approved construction routes and of the measures to monitor compliance;

(c) condition survey in relation to the junction of High Road and Poplar Avenue;

(d) “before” and “after” joint road condition surveys;

(e) strategic route signing; and

(f) signing at access points.

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

(4) Notices must be erected and maintained throughout the period of construction at every site exit, indicating to drivers the route agreed by the relevant planning authority for traffic entering and leaving the site.

Control of noise during construction and maintenance

11.—(1) No part of the authorised development may be commenced until a scheme for noise management during construction and maintenance has been submitted to and approved by the relevant planning authority.

(2) The noise management scheme must 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; and

(c) a scheme for monitoring the noise during the works to ensure compliance with the noise limits and the effectiveness of the attenuation measures.

(3) The approved noise management scheme must be implemented before, and maintained during, the construction and maintenance of the authorised development.

(4) Construction and maintenance works must be undertaken in accordance with the approved noise management scheme.

Construction hours

12.—(1) Subject to sub-paragraphs (2) and (4), construction and demolition works must not take place except between—

(a) 7 a.m. and 7 p.m. on weekdays (excluding public holidays); and

(b) 7 a.m. and 4 p.m. on Saturdays (excluding public holidays),

unless otherwise agreed by the relevant planning authority.

(2) Subject to sub-paragraph (4), the following works are permitted outside the hours referred to in sub-paragraph (1)—

(a) emergency works; and

(b) works which do not cause noise that is audible at the boundary of the Order limits.

(3) Any emergency works carried out under sub-paragraph (2)(a) must be notified to the relevant planning authority within 72 hours of their commencement.

(4) No piling operations may take place after 6 p.m., unless otherwise agreed by the relevant planning authority.

(5) For the purpose of this Requirement, “construction works”—

(a) does not include—

(i) the arrival or departure of personnel on the site;

(ii) on-site briefings or meetings;

(iii) the use of welfare facilities;

(iv) non-intrusive activities, such as electrical installation and internal fit-out works;

(v) archaeological investigations;

(vi) landscaping works; but

(b) includes start up, shut down and deliveries.

Control of noise during operational phase

13.—(1) No part of the authorised development may commence operation until a scheme for noise management (including monitoring and attenuation) during the operation of the authorised development has been submitted to and approved by the relevant planning authority.

(2) The scheme for noise management must be implemented as approved and maintained during the operation of the authorised development.

European protected species

14.—(1) This Requirement applies if the authorised development is not commenced before 19th August 2016.

(2) No part of the authorised development may be commenced until—

(a) the undertaker has assessed the potential for habitats within the Order limits to have changed sufficiently to make them suitable for European protected species; and

(b) the outcome of that assessment has been approved in writing by the relevant planning authority and Natural England.

(3) If the relevant habitats are assessed to be suitable for European protected species, further survey work must be carried out to establish whether European protected species are present on any of the land affected, or likely to be affected, by the authorised development.

(4) If a European protected species is shown to be present on such land, no part of the authorised development may be commenced until, after consultation with Natural England and the Secretary of State for the Environment, Food and Rural Affairs, a scheme of protection and mitigation measures has been submitted to and approved by the relevant planning authority.

(5) The authorised development must be carried out in accordance with the approved scheme.

(6) In this Requirement, “European protected species” means a European protected species of animal or plant within the meaning of Part 3 of the Conservation of Habitats and Species Regulations 2010(2).

Piling during construction period

15.—(1) No piling activities may take place until a piling method statement (which may form part of the construction environmental management plan approved under Requirement 9) has been submitted to and approved by the relevant planning authority.

(2) The piling method statement must—

(a) conform with the provisions set out in chapters 7 (noise and vibration) and 9 (ecology and nature conservation) of the environmental statement;

(b) include details of mitigation to be employed to ensure that the noise from piling activities does not exceed 55dB(A)LA Max at the locations of the agreed measurement points between March and August (inclusive); and

(c) demonstrate that piling activities will not have an unacceptable impact on groundwater.

(3) Piling activities must be carried out in accordance with the approved piling method statement.

Control of artificial light emissions

16.—(1) No part of the authorised development may be commenced until a scheme for the management and mitigation of artificial light emissions 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 construction, operation and decommissioning of the authorised development.

Air safety

17.—(1) No part of the authorised development may be commenced until the undertaker has notified the Defence Geographic Centre of the Ministry of Defence of—

(a) the precise location of the authorised development with grid co-ordinates;

(b) the proposed date of commencement of construction;

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

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

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

(3) The undertaker must notify the Defence Geographic Centre of the Ministry of Defence of the date of completion of the construction of the authorised development within 28 days of completion.

Restoration of land used temporarily for construction

18.  Any land within the Order limits that is used temporarily for construction must be reinstated to its former condition, or such condition as the relevant planning authority may approve, within 6 months of the completion of the authorised development.

Height of authorised development

19.—(1) The height above adjacent ground level of a building set out in column (1) of the table must not be more than the height set out in the corresponding entry in column (2).

(1) Building	(2) Height (metres)above adjacent ground level
Turbine hall	14.80
Heat recovery steam generator hall	24.95
Main stack	80.00
Hybrid cooling tower platform	16.00
Stair tower	22.30
Condensers	17.00
Pipe bridge	17.20

(2) The main stack must be at least 80 metres in height above adjacent ground level.

(3) In this Requirement, “adjacent ground level” means 5 metres above ordnance datum.

Approval, etc. to be in writing

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

Amendments to approved plans, etc.

21.—(1) Where a Requirement requires the authorised development to be carried out in accordance with a plan, scheme, statement, strategy or details (the “plan”) approved by the relevant planning authority, the approved plan must be taken to include any amendments that may subsequently be approved by the relevant planning authority (after consulting every person required to be consulted before approval of the original plan).

(2) The relevant planning authority must not approve an amendment unless it is satisfied that the amendment is unlikely to give rise to any new or materially different environmental effects from those assessed in the environmental statement.

(1)

See section 104(1).

(2)

S.I. 2010/490. See regulations 40 and 44.