Article 2
1. In this Schedule—
“both relevant planning authorities” means South Kesteven District Council and Rutland County Council each being the relevant planning authority for part of the authorised development;
“date of final commissioning” means in respect of each phase of the authorised development as approved under requirement 3 the date on which each phase of the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning;
“decommissioning timing provisions” means provisions relating to the timing for decommissioning works to take place, being all of section 2.4 of the outline operational environmental management plan; and
“relevant highway authority” means the highway authority for the highways that are the subject of a construction traffic management plan submitted pursuant to requirement 13(1).
Commencement Information
I1Sch. 2 para. 1 in force at 3.8.2024, see art. 1
2. The authorised development must not be commenced after the expiration of five years from the date this Order comes into force.
Commencement Information
I2Sch. 2 para. 2 in force at 3.8.2024, see art. 1
3.—(1) No part of the authorised development may commence until a written scheme setting out the phase or phases of construction of the authorised development has been submitted to and approved by the relevant planning authorities.
(2) The scheme submitted pursuant to sub-paragraph (1) must include a timetable for the construction of the phase or phases of the authorised development and a plan identifying the phasing areas.
(3) The scheme submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.
(4) Notice of the date of final commissioning with respect to each phase of Work No. 1 must be given to the relevant planning authorities within 15 working days of the date of final commissioning for that phase.
Commencement Information
I3Sch. 2 para. 3 in force at 3.8.2024, see art. 1
4. Where under any of the requirements the approval, agreement or confirmation of both relevant planning authorities or of the relevant planning authority (as applicable) or another person is required, that approval, agreement or confirmation must be provided in writing.
Commencement Information
I4Sch. 2 para. 4 in force at 3.8.2024, see art. 1
5.—(1) With respect to any plans, details or schemes which have been approved pursuant to any requirement (the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant planning authority or both relevant planning authorities (as applicable) for approval any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant planning authority or both relevant planning authorities (as applicable), the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph.
(2) Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority or both relevant planning authorities (as applicable) 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.
Commencement Information
I5Sch. 2 para. 5 in force at 3.8.2024, see art. 1
6.—(1) No phase of the authorised development may commence until details of—
(a)the layout;
(b)scale;
(c)proposed finished ground levels;
(d)external appearance;
(e)hard surfacing materials;
(f)drainage, water, electrical, power and communication cables and pipelines;
(g)vehicular and pedestrian access, parking and circulation areas, junction improvements and passing places; and
(h)refuse or other storage units, signs and lighting,
relating to that phase have been submitted and approved in writing by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities.
(2) The details submitted must accord with the design guidance, the parameters, and with any details approved under requirements 7, 8, 9(1) and 10 and demonstrate how they have taken account of the results of any archaeological investigations or archaeological evaluations carried out pursuant to the outline written scheme of investigation.
(3) The authorised development must be carried out and thereafter maintained in accordance with the approved details.
(4) Where an application is made to the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, to discharge this requirement, such application must include a statement to confirm how the design guidance and parameters have been taken into account in the details that have been submitted.
(5) Sub-paragraph (1) does not apply to the matters listed under sub-paragraph (1)(g) if consent has already been given to the details of those works pursuant to articles 9 (power to alter layout, etc. of streets), 10 (construction and maintenance of altered streets) or 13 (access to works).
Commencement Information
I6Sch. 2 para. 6 in force at 3.8.2024, see art. 1
7.—(1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising vegetation removal may start, until a landscape and ecology management plan (which must be substantially in accordance with the outline landscape and ecology management plan) has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, following consultation with Natural England and Lincolnshire County Council.
(2) The landscape and ecology management plan must include details of all proposed hard and soft landscaping works and ecological mitigation and enhancement measures (as applicable for the relevant numbered work) for that part and where applicable include for that part—
(a)the location, number, species, size and planting density of any proposed planting including details of any proposed tree, hedgerow and shrub planting and the proposed times of such planting;
(b)grassland planting, establishment and maintenance (including any necessary updates to the Grassland Establishment Management Plan (Appendix 3 of the outline landscape and ecology management plan);
(c)any hedgerows proposed for removal that are not shown on the hedgerows plans;
(d)cultivation, importing of materials and other operations to ensure plant establishment;
(e)existing trees to be retained;
(f)an implementation timetable;
(g)how the plan proposals will contribute to the achievement of a minimum of 65% biodiversity net gain in habitat units and a minimum of 36% biodiversity net gain in hedgerow units for all of the authorised development during the operation of the authorised development and the metric that has been used to calculate that those percentages will be reached;
(h)how the landscaping and ecological measures proposed in the plan will be managed and maintained during the operational life of the authorised development to the date on which the decommissioning environmental management plan is implemented pursuant to requirement 18 (decommissioning and restoration);
(i)the ecological surveys required to be carried out prior to commencement of a numbered work, or following completion of a numbered work in order to monitor the effect of, or inform, the ecological mitigation measures and the monitoring regime to be taken forward following those initial surveys; and
(j)the final routing, specification and maintenance regime for each permissive path.
(3) Any hedgerow, shrub or tree planted as part of the approved plan that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority (as applicable), seriously damaged or diseased, must be replaced in the first available planting seasons with a specimen of the same species and size as that originally planted.
(4) Each landscape and ecology management plan approved under sub-paragraph (1) must be implemented as approved and maintained throughout the operation of the relevant phases of the authorised development to which each plan relates.
Commencement Information
I7Sch. 2 para. 7 in force at 3.8.2024, see art. 1
8.—(1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising the provision of temporary means of enclosure may start, until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the construction environmental management plan, for that phase have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with Lincolnshire County Council.
(2) No phase of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that phase have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with Lincolnshire County Council.
(3) The details submitted under sub-paragraph (2) must be in accordance with the parameters and the design guidance.
(4) For the purposes of sub-paragraph (1), “commence” includes any permitted preliminary works.
(5) Any construction site must remain securely fenced in accordance with the approved details under sub-paragraph (1) at all times during the construction of the authorised development.
(6) Any temporary fencing must be removed on completion of the phase of construction of the authorised development for which it was used.
(7) Any permanent fencing, walls or other means of enclosure for that phase approved under sub-paragraph (2) must be completed prior to the date of final commissioning in respect of such phase.
(8) Any permanent fencing, walls or other means of enclosure must be properly maintained for the operational lifetime of the part of the authorised development.
Commencement Information
I8Sch. 2 para. 8 in force at 3.8.2024, see art. 1
9.—(1) No phase of the authorised development may commence until written details of the surface water drainage scheme and (if any) foul water drainage system (which must be substantially in accordance with the outline surface water drainage strategy) have been submitted to and approved by the local lead flood authority and the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities and both local lead flood authorities.
(2) The design and operation of any phase of the authorised development must be carried out and maintained in accordance with the surface water drainage scheme and (if any) foul water drainage system approved under sub-paragraph (1) for that phase.
(3) No phase of the authorised development may commence until a water management plan (which must be substantially in accordance with the outline water management plan) been submitted to and approved by the local lead flood authority and the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities.
(4) The measures set out in the water management plan submitted for approval under sub-paragraph (3) must be consistent with the details submitted for approval pursuant to requirement 14(1) (soil management plan).
(5) The construction of any phase of the authorised development must be carried out in accordance with the water management plan approved under sub-paragraph (3) for that phase.
Commencement Information
I9Sch. 2 para. 9 in force at 3.8.2024, see art. 1
10.—(1) The authorised development may not commence until:
(a)a scheme for additional trial trenching has been submitted to and approved by both relevant planning authorities, in consultation with Lincolnshire County Council and Historic England;
(b)additional trial trenching has been carried out in accordance with the scheme approved under sub-paragraph (a); and
(c)updates are made to the outline written scheme of investigation to account for the results of the additional trial trenching carried out and the updated outline written scheme of investigation is submitted to and approved in writing by both relevant planning authorities in consultation with Lincolnshire County Council and Historic England.
(2) The authorised development must be carried out in accordance with the updated outline written scheme of investigation approved under sub-paragraph 1(c).
Commencement Information
I10Sch. 2 para. 10 in force at 3.8.2024, see art. 1
11.—(1) No phase of the authorised development may commence until a construction environmental management plan (which must be substantially in accordance with the outline construction environmental management plan) for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with the Environment Agency and Lincolnshire County Council.
(2) The construction environmental management plan must include detail of any measures required for public rights of way that are temporarily closed.
(3) For the purposes of this requirement 11 only, “commence” includes any permitted preliminary works comprising above ground site preparation for temporary facilities for the use of contractors and site clearance (including vegetation removal and demolition of existing buildings and structures).
(4) The construction of any phase of the authorised development must be carried out in accordance with the approved construction environmental management plan for that phase.
Commencement Information
I11Sch. 2 para. 11 in force at 3.8.2024, see art. 1
12.—(1) Prior to the date of final commissioning for any phase of the authorised development, an operational environmental management plan (which must be substantially in accordance with the outline operational environmental management plan and which must include the decommissioning timing provisions) for that phase must be submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with the Environment Agency and Lincolnshire County Council.
(2) The operational environmental management plan must include details of road routes to and from the site for any heavy goods vehicles required during operation.
(3) The operation of any phase of the authorised development must be carried out and maintained in accordance with the approved operational environmental management plan for that phase.
Commencement Information
I12Sch. 2 para. 12 in force at 3.8.2024, see art. 1
13.—(1) No phase of the authorised development may commence until a construction traffic management plan (which must be substantially in accordance with the outline construction traffic management plan) for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with both relevant highway authorities.
(2) Any construction traffic management plan submitted under sub-paragraph (1) must include a construction travel plan (which must be substantially in accordance with the outline travel plan).
(3) The construction of any phase of the authorised development must be carried out in accordance with the approved construction traffic management plan for that phase.
Commencement Information
I13Sch. 2 para. 13 in force at 3.8.2024, see art. 1
14.—(1) No phase of the authorised development may commence until a soil management plan, which must include an excavated materials management plan (which must be substantially in accordance with the outline soil management plan and the outline excavated materials management plan) for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities. Such approval must be in consultation with the Environment Agency in relation to the excavated materials management plan.
(2) The measures set out in the soil management plan submitted for approval in sub-paragraph (1) must be consistent with the details submitted for approval pursuant to requirement 9(3) (water management plan).
(3) The construction of any phase of the authorised development must be carried out in accordance with the approved soil management plan and excavated materials management plan for that phase.
Commencement Information
I14Sch. 2 para. 14 in force at 3.8.2024, see art. 1
15.—(1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising demolition or decommissioning of existing structures, environmental surveys, geotechnical surveys and other investigations for the purpose of assessing ground conditions only may start, until a written strategy in relation to the identification and remediation of any risks associated with contamination for that phase has been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities, such approval to be in consultation with the Environment Agency.
(2) The carrying out of any phase of the authorised development must be undertaken in accordance with the strategies approved pursuant to sub-paragraph (1) for that phase.
Commencement Information
I15Sch. 2 para. 15 in force at 3.8.2024, see art. 1
16.—(1) No phase of the authorised development may be operational until an operational noise assessment containing details of how the design of the authorised development for that phase has incorporated mitigation to ensure that operational noise rating levels (determined in line with BSI British Standards Publication 4142:2014+A1:2019 dated 30 June 2019 (or the current version of that publication if this has been superseded when the assessment is submitted for approval)) not exceeding 35 decibels at residential properties are to be compiled with for that phase has been submitted to and approved by the relevant planning authority for that phase or, where that phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities.
(2) The mitigation measures described in the operational noise assessment must be implemented and maintained as approved throughout the operation of that phase of the authorised development.
Commencement Information
I16Sch. 2 para. 16 in force at 3.8.2024, see art. 1
17.—(1) No phase of the authorised development may commence until a employment, skills and supply chain plan (which must be substantially in accordance with the outline employment, skills and supply chain plan) in relation to that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of South Kesteven and the County of Rutland, both relevant planning authorities.
(2) The skills, supply chain and employment plan must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with the construction, operation and maintenance of the authorised development, and the means for publicising such opportunities.
(3) Any skills, supply chain and employment plan approved under sub-paragraph (1) must be implemented as approved.
Commencement Information
I17Sch. 2 para. 17 in force at 3.8.2024, see art. 1
18.—(1) Decommissioning works must commence no later than 60 years following the date of the final commissioning of the first phase of Work No. 1, as notified by the undertaker pursuant to requirement 3(4) (phasing of the authorised development and date of final commissioning).
(2) Prior to the commencement of any decommissioning works and prior to the end of the timeframes established pursuant to the decommissioning timing provisions in a detailed operational environmental management plan approved pursuant to requirement 12, for any part of the authorised development, the undertaker must submit to the relevant planning authority for that part (or both relevant planning authorities where that part falls within the administrative areas of both the District of South Kesteven and the County of Rutland) for approval, in consultation with the Environment Agency and Lincolnshire County Council, a decommissioning environmental management plan for that part.
(3) The plans submitted and approved under sub-paragraph (2) must be substantially in accordance with the relevant part of the outline decommissioning environmental management plan.
(4) No decommissioning works must be carried out until the relevant planning authority or both relevant planning authorities (as applicable) has/have approved the plan submitted in relation to such works.
(5) The plan submitted to and approved pursuant to sub-paragraph (2) must be implemented as approved for the works required to decommission that phase of the authorised development.
(6) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development.
Commencement Information
I18Sch. 2 para. 18 in force at 3.8.2024, see art. 1
19.—(1) If any part of Work No.1 is still in operation on 1 January 2077, the undertaker must notify the relevant planning authority and the Environment Agency whether it anticipates that the operation of Work No. 1 will continue after 31 January 2077.
(2) If a notification under sub-paragraph (1) indicates that the undertaker anticipates that the operation of any part of Work No. 1 will continue after 31 January 2077, it must submit to the relevant planning authority (following consultation with the Environment Agency)—
(a)an updated flood risk assessment of the flood risk arising from the continued operation of that part of Work No. 1 after 31 December 2077;
(b)the details of any mitigation or compensation measures that the flood risk assessment under paragraph (a) recommends are necessary;
(c)the implementation timetable, including identifying the need for (but not requiring a specific programme for the obtaining of) any consents, for any measures identified under paragraph (b); and
(d)retention proposals for any measures identified under paragraph (b) for the remaining lifetime of the authorised development.
(3) Unless otherwise agreed in writing by the relevant planning authority, in consultation with the Environment Agency.
(4) The undertaker must implement the measures approved under sub-paragraph (2)(b) in accordance with the implementation timetable approved under sub-paragraph (2)(c) no later than 31 December 2077 or such other time period as is agreed with the relevant planning authority in consultation with the Environment Agency and must retain them for the lifetime of that part of Work No. 1 in accordance with the retention proposals approved under sub-paragraph (2)(d).
(5) The undertaker must not continue operation of Work No. 1 beyond 31 December 2077 unless the relevant planning authority has given its approval following consultation with the Environment Agency under sub-paragraph (2) and the undertaker has complied with sub-paragraph (3) unless otherwise agreed in writing by the relevant planning authority, in consultation with the Environment Agency.
Commencement Information
I19Sch. 2 para. 19 in force at 3.8.2024, see art. 1