PART 1PRELIMINARY

Citation and commencement

1.  This Order may be cited as the North Lincolnshire Green Energy Park Order 2025 and comes into force on 4th April 2025.

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1980 Act” means the Highways Act 1980(3);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(4);

“the 1989 Act” means the Electricity Act 1989(5);

“the 1984 Act” means the Road Traffic Regulation Act 1984(6);

“the 1990 Act” means the Town and Country Planning Act 1990(7);

“the 1991 Act” means the New Roads and Street Works Act 1991(8);

“the 2003 Act” means the Communications Act 2003(9);

“the 2008 Act” means the Planning Act 2008(10);

“the 2009 Regulations” means the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(11);

“address” includes any number or address used for the purposes of electronic transmission;

“AOD” means above ordnance datum;

“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act save that “apparatus” further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets;

“authorised development” means the development and associated development described in Part 1 of Schedule 1 (authorised development), which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

“book of reference” means the book of reference submitted under regulation 5(2)(d) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“building” includes any structure or erection or any part of a building, structure or erection;

“cables” means cables for the transmission of electricity and ancillary cables (including fibre optic cables) for the purpose of control, monitoring, protection or general communications;

“carriageway” has the same meaning as in the 1980 Act;

“CBMF” means the concrete block manufacturing facility;

“CCUS” means the carbon capture utilisation and storage facility;

“CLP” means the outline construction logistics plan submitted as Appendix D of Chapter 13 of the environmental statement referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“CoCP” means the code of construction practice submitted as Annex 7 of the environmental statement referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“commence” means beginning to carry out any material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development and the words “commencement” and “commenced” and cognate expressions are to be construed accordingly;

“design principles and codes” means the design principles and codes submitted under regulation 5(2)(q) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“electronic transmission” means a communication transmitted—

“DHPWN” means the district heating and private wire network;

“environmental statement” means the environmental statement submitted under regulation 5(2)(a) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“ERF” means the energy recovery facility;

“flood risk assessment” means the flood risk assessment submitted as Annex 3 of the environmental statement referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“footpath” and “footway” have the same meaning as in the 1980 Act;

“framework travel plan” means the framework travel plan submitted as Appendix C of Chapter 13 of the environmental statement referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“hedgerows plan” means the plan submitted under regulation 5(2)(o) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“highway” and “highway authority” have the same meaning as in the 1980 Act;

“indicative drainage strategy” means the indicative drainage strategy submitted as Annex 5 of the environmental statement referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“indicative landscape and biodiversity plans” means the indicative landscape and biodiversity plans submitted under regulation 5(2)(o) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“indicative lighting strategy” means the indicative lighting strategy submitted as Annex 4 of the environmental statement referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“indicative railway plans” means the indicative railway plans submitted under regulation 5(2)(o) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“land plans” means the land plans submitted under regulation 5(2)(i) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“limits of deviation” means the limits of deviation shown for each work number on the works plans subject to this being in accordance with article 5 (limits of deviation) of this Order;

“maintain” includes (i) inspect, repair, adjust, alter, refurbish for the whole of the authorised development and (ii) in relation to any part (but not the whole of the authorised development) remove, reconstruct or replace that part provided those works do not give rise to materially new or materially different environmental effects; and “maintenance” and “maintaining” are to be construed accordingly;

“OEMP” means the operational environmental management plan submitted as Annex 8 of the environmental statement referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“option A” means the land shown on Sheets 1 to 10 and Sheet 10A of the land plans;

“option B” means the land shown on Sheets 1 to 10 and Sheet 10B of the land plans;

“Order land” means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily and described in the book of reference;

“Order limits” means the limits shown on the works plans within which the authorised development may be carried out;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(12);

“outline employment and skills policy” means the outline employment and skills policy referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“outline LBMMP” means the outline landscape and biodiversity management and monitoring plan submitted under regulation 5(2)(q) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“preliminary works” means works consisting of site clearance and removal of minor structures, environmental surveys, investigations for the purpose of assessing ground conditions including gas monitoring, erection of any temporary means of enclosure, temporary display of notices or installation of a site compound;

“public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, a harbour authority within the meaning of section 57 (interpretation) of the Harbours Act 1964(13), an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation;

“RHTF” means the bottom ash and flue gas residue handling and treatment facility;

“relevant planning authority” means the planning authority for the area in which the land to which the provisions of this Order apply is situated;

“requirements” means those matters set out in Schedule 2 (requirements) to this Order and any reference to a numbered requirement is to be construed accordingly;

“rights of way and access plans” means the rights of way and access plans submitted under regulation 5(2)(k) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and includes a public communications provider defined by section 151(1) (interpretation of Chapter I) of the 2003 Act;

“street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and “street” includes any part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

“street works” means the works listed in article 12(1);

“traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act;

“TRO drawings” means the TRO drawings submitted under regulation 5(2)(o) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“undertaker” means The North Lincolnshire Green Energy Park Limited (Company No. 10949653), whose registered office is Office 71, The Colchester Centre, Hawkins Road, Colchester, CO2 8JX, or a person who has the benefit of this Order in accordance with articles 9 and 10;

“vertical parameters plans” means the vertical parameters plans submitted under regulation 5(2)(o) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.);

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

“working day” means any day other than a Saturday, Sunday or English bank or public holiday; and

“works plans” means works plans A, works plans B and works plans C submitted under regulation 5(2)(j) of the 2009 Regulations referred to in Schedule 15 and certified as such by the Secretary of State for the purposes of this Order under article 46 (certification of plans, etc.).

(2) All distances, directions, measurements and lengths referred to in this Order are approximate, except the parameters referred to in article 5 and Schedule 1, Part 3.

(3) All areas described in square metres in the book of reference are approximate.

(4) References in this Order to “numbered works” or “Work No” are references to the works comprising the authorised development as numbered in Schedule 1 (authorised development) and shown on the works plans.

(5) The expression “includes” is to be construed without limitation.

(6) In this Order, references to the purposes of the authorised development includes the construction, maintenance, operation, use and decommissioning of the authorised development.

Electronic Communications

3.—(1) In this Order, subject to article 47 (service of notices)—

(a)references to documents, maps, plans, drawings, certificates or to copies, include reference to them in electronic form; and

(b)references to a form of communication being “in writing” includes references to an electronic communication that satisfies the conditions in paragraph (3); and “written” and cognate expressions are to be constructed accordingly.

(2) If an electronic communication is received outside the recipient’s business hours, it is to be taken to have been received on the next working day.

(3) The conditions are that the communication is—

(a)capable of being accessed by the recipient;

(b)legible in all material respects; and

(c)sufficiently permanent to be used for subsequent reference.

(4) For the purposes of paragraph (3)(b), a communication is legible in all material respects if the information contained in it is available to the recipient to no lesser extent than it would be if transmitted by means of a document in printed form.

(5) In this article “electronic communication” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 2000(14)).