This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Article 3
1. In this Schedule—
“relevant planning authority” means—
Lincolnshire County Council for the purposes of—
Requirement 6 (battery safety management);
Requirement 11 (surface and foul water drainage);
Requirement 15 (construction traffic management plan);
Requirement 18 (public rights of way);
Requirement 19 (soils management); and
Requirement 22 (long term flood risk mitigation); and
West Lindsey District Council and Bassetlaw District Council for the purposes of—
Requirement 4 (community liaison group);
Requirement 5 (detailed design approval);
Requirement 7 (landscape and ecological management plan);
Requirement 8 (ecological protection and mitigation strategy);
Requirement 9 (biodiversity net gain);
Requirement 10 (fencing and other means of enclosure);
Requirement 13 (construction environmental management plan);
Requirement 1 (operational environmental management plan);
Requirement 16 (operational noise);
Requirement 20 (skills, supply chain and employment); and
Requirement 21 (decommissioning and restoration); and
Lincolnshire County Council and Nottinghamshire County Council for the purposes of Requirement 12 (archaeology);
and in the case of any requirement not specified above “relevant planning authorities” and “relevant planning authority” means Lincolnshire County Council, West Lindsey District Council, Nottinghamshire County Council and Bassetlaw District Council, as applicable.
2.—(1) The authorised development must not be commenced after the expiration of five years from the date this Order comes into force.
(2) 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 the relevant planning authorities.
(3) The written scheme submitted pursuant to sub-paragraph (2) must include a timetable for the construction of the phase or phases of the authorised development and a plan identifying the phasing area.
3.—(1) The undertaker may submit any amendments to any Approved Document to the relevant planning authority for approval and, following approval, the relevant Approved Document is to be taken to include the amendments as approved under this paragraph.
(2) Approval under sub-paragraph (1) for the amendments to any Approved Document 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 is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
(3) In this paragraph, “Approved Document” means any document certified under article 40 (certification of plans and documents, etc) and any plans, details or schemes which have been approved pursuant to any requirement.
4.—(1) Prior to the commencement of the authorised development the undertaker must submit to the relevant planning authorities for approval the terms of reference for a community liaison group whose aim is to facilitate liaison between representatives of people living in the vicinity of the Order limits and other relevant organisations in relation to the construction of the authorised development.
(2) The community liaison group must be established prior to commencement of the authorised development and must be administered by the undertaker and operated in accordance with the approved terms of reference.
(3) The community liaison group is to continue to meet until the date of final commissioning of the final part of the authorised development as approved under requirement 2 of Schedule 2 (requirements) unless otherwise agreed with the relevant planning authorities.
5.—(1) No part of Work Nos. 1, 2 or 3 may commence until details of—
(a)the layout;
(b)scale;
(c)proposed finished ground levels;
(d)external appearance;
(e)hard surfacing materials;
(f)vehicular and pedestrian access, parking and circulation areas; and
(g)refuse or other storage units, signs and lighting,
relating to that part have been submitted to and approved in writing by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.
(2) The details submitted must accord with the concept design parameters and principles.
(3) The authorised development must be carried out in accordance with the approved details.
(4) Work No. 5 must be carried out in accordance with the concept design parameters and principles.
6.—(1) Work No. 2 must not commence until a battery storage safety management plan has been submitted to and approved by the relevant planning authority.
(2) The battery storage safety management plan must be substantially in accordance with the outline battery storage safety management plan.
(3) The relevant planning authority must consult with West Lindsey District Council, Lincolnshire Fire and Rescue, Nottinghamshire Fire and Rescue Service and the Environment Agency before determining an application for approval of the battery storage safety management plan.
(4) The battery storage safety management plan must be implemented as approved.
7.—(1) No part of the authorised development may commence until a written landscape and ecological management plan has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, in consultation with the Environment Agency.
(2) The landscape and ecological management plan must be substantially in accordance with the outline landscape and ecological management plan.
(3) The landscape and ecological management plan must be implemented as approved.
(4) For the purposes of sub-paragraph (1), “commence” includes part 2(1)(h) (site clearance (including vegetation removal, demolition of existing buildings and structures)) of permitted preliminary works.
8.—(1) No part of the authorised development may commence until a written ecological protection and mitigation strategy has been submitted to and approved by the relevant planning authority for that part or, where the phase falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, in consultation with the Environment Agency.
(2) The ecological protection and mitigation strategy must be substantially in accordance with the outline ecological protection and mitigation strategy.
(3) The ecological protection and mitigation strategy must be implemented as approved.
9.—(1) No part of the authorised development may commence until a biodiversity net gain strategy has been submitted to and approved by the relevant planning authority, in consultation with the relevant statutory nature conservation body.
(2) The biodiversity net gain strategy must include details of how the strategy will secure a minimum of 69.4% biodiversity net gain in habitat units, a minimum of 43.7% biodiversity net gain in hedgerow units and a minimum of 26.6% biodiversity net gain in river 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.
(3) The biodiversity net gain strategy must be substantially in accordance with the outline landscape and ecological management plan and must be implemented as approved.
10.—(1) No part of the authorised development may commence 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 part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.
(2) No part of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.
(3) For the purposes of sub-paragraph (1), “commence” includes any permitted preliminary works.
(4) The written details provided under sub-paragraph (2) must be substantially in accordance with the relevant concept design parameters and principles.
(5) Any construction site must remain securely fenced in accordance with the approved details under sub-paragraph (1) or (2) at all times during construction of the authorised development.
(6) Any temporary fencing must be removed on completion of the part of construction of the authorised development for which it was used.
(7) Any approved permanent fencing for a part of the authorised development must be completed before the date of final commissioning in respect of that part.
11.—(1) No part of the authorised development may commence until written details of the surface water drainage scheme and (if any) foul water drainage system for that part have been submitted to and approved by the relevant planning authority for that part, or where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.
(2) The written details under sub-paragraph (1) must be substantially in accordance with the outline drainage strategy.
(3) Before approving the written details under sub-paragraph (1) the relevant planning authority must consult with Anglian Water Services Limited or its successor in function as the relevant water undertaker.
(4) Any approved scheme must be implemented as approved.
12.—(1) The authorised development may not commence until—
(a)a scheme of additional trial trenching has been submitted to and approved by each relevant planning authority, in consultation with 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 written scheme of investigation to account for the results of the additional trial trenching carried out, and the updated written scheme of investigation is submitted to and improved in writing by each relevant planning authority, in consultation with Historic England.
(2) The authorised development must be implemented in accordance with the updated written scheme of investigation approved under sub-paragraph 1(c), and any archaeological works must be carried out by a suitably qualified and competent person or body previously notified to each relevant planning authority.
13.—(1) No part of the authorised development may commence until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, in consultation with the relevant highway authority and the Environment Agency.
(2) The construction environmental management plan must be substantially in accordance with the outline construction environmental management plan.
(3) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan.
14.—(1) Prior to the date of final commissioning for any part of the authorised development, an operational environmental management plan for that part must be submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, in consultation with the relevant highway authority, the relevant waste planning authority and the Environment Agency.
(2) The operational environmental management plan must be substantially in accordance with the outline operational environmental management plan and must include a waste management strategy that has been submitted to and approved by the relevant waste planning authority.
(3) The operational environmental management plan must be implemented as approved.
15.—(1) No part of the authorised development may commence until a construction traffic management plan for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.
(2) The construction traffic management plan must be substantially in accordance with the outline construction traffic management plan.
(3) Before approving the construction traffic management plan the relevant planning authority must consult with the relevant highway authority and West Lindsey District Council and in respect of Work No. 1C with Network Rail.
(4) All construction works associated with the authorised development must be carried out in accordance with the approved construction traffic management plan.
16.—(1) No part of Work Nos. 1, 2, or 3 may commence until an operational noise assessment containing details of how the design of that numbered work has incorporated the operational mitigation measures set out in Section 15.6 of Chapter 15 of the environmental statement for that part has been submitted to and approved by the relevant planning authority.
(2) The design as described in the operational noise assessment must be implemented as approved.
17.—(1) Work No. 11 must be provided and open to the public prior to the date of final commissioning of the part of the authorised development that includes Work No. 1B.
(2) The permissive path must be maintained and access by the public permitted for 365 days a year except where closure is required for maintenance or in an emergency until the date of decommissioning of the part of the authorised development that includes Work No. 1B.
18.—(1) No part of the authorised development may commence until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the public rights of way plan for that part has been submitted to and approved by the relevant planning authority, or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities.
(2) The public rights of way management plan must be substantially in accordance with the outline public rights of way management plan.
(3) Before approving the public rights of way management plan the relevant planning authority must consult with the relevant highway authority.
(4) The public rights of way management plan must be implemented as approved.
19.—(1) No part of the authorised development may commence until a soil management plan for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple planning authorities, each of the relevant planning authorities.
(2) The soil management plan must be substantially in accordance with the outline soil management plan.
(3) The soil management plan must be implemented as approved.
20.—(1) No part of the authorised development may commence until a skills, supply chain and employment plan in relation to that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple planning authorities, each of the relevant planning authorities, in consultation with Lincolnshire County Council.
(2) The skills, supply chain and employment plan must be substantially in accordance with the outline skills, supply chain and employment plan.
(3) Any plan under this paragraph must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with that part of the authorised development and the means for publicising such opportunities.
(4) The skills, supply chain and employment plan must be implemented as approved.
21.—(1) The date of decommissioning for each part of the authorised development must be no later than 60 years following the date of final commissioning of that part of the authorised development as approved under requirement 2 of Schedule 2 (requirements).
(2) Unless otherwise agreed with the relevant planning authority, no later than 12 months prior to the date the undertaker intends to decommission any part of the authorised development, the undertaker must notify the relevant planning authority of the intended date of decommissioning for that part of the authorised development.
(3) Unless otherwise agreed with the relevant planning authority, no later than ten weeks prior to the intended date of decommissioning of any part of the authorised development notified pursuant to sub-paragraph (2), the undertaker must submit to the relevant planning authority for that part a decommissioning plan for approval.
(4) Where the undertaker decides to decommission a part of the authorised development that falls within the administrative areas of multiple planning authorities, the decommissioning plan must be submitted to each relevant planning authority and the approval of all relevant planning authorities is required for the purposes of this paragraph.
(5) The decommissioning plan must be substantially in accordance with the outline decommissioning statement and must include a timetable for its implementation.
(6) No decommissioning works must be carried out until the relevant planning authority has approved the decommissioning plan submitted in relation to those works, in consultation with the Environment Agency.
(7) The decommissioning plan must be implemented as approved.
(8) This requirement is without prejudice to any other consents or permissions that may be required to decommission any part of the authorised development.
22.—(1) No submission seeking the discharge of requirements 5, 7, 8, 10, 11 or 14 may be made to the relevant planning authorities and no part of the authorised development may commence until an updated flood risk assessment of the flood risk arising from the River Trent in respect of the continued operation of Work Nos. 1 to 3 for 60 years from the date of final commissioning of the relevant part of the authorised development has been submitted to and approved by the Environment Agency following consultation with the Lead Local Flood Authority.
(2) The updated flood risk assessment submitted pursuant to sub-paragraph (1) must, unless otherwise agreed by the Environment Agency, include—
(a)the details of any mitigation or compensation measures that are necessary (if applicable);
(b)the implementation timetable for any mitigation or compensation measures identified under sub-paragraph (a) (if applicable); and
(c)the details of any maintenance and monitoring requirements for any mitigation or compensation measures identified under sub-paragraph (a) required until the relevant date of decommissioning (if applicable).
(3) The undertaker must submit the details approved by the Environment Agency under sub-paragraph (1) to the relevant planning authority, within five days of such approval being given.
(4) The undertaker must implement the approved mitigation or compensation measures identified under sub-paragraph (2)(a) in accordance with the approved implementation timetable identified under sub-paragraph (2)(b) or such other time period as is agreed with the Environment Agency and must implement the approved maintenance and monitoring requirements identified under sub-paragraph (2)(c) until the relevant date of decommissioning of Work Nos. 1 to 3.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
