SCHEDULE 2REQUIREMENTS
PART 1REQUIREMENTS
Interpretation
1. In this Schedule—
“coming into operation” or “come into operation” means the date on which the commissioning of the relevant part of the authorised development is completed so that that part becomes operational;
“combined heat and power assessment” means the document of that name identified in Schedule 15 and which is certified by the Secretary of State as the combined heat and power assessment for the purposes of this Order under article 46;
“commissioning” means the process of assuring that all systems and components of any phase of the authorised development as the context requires, are tested to verify that they function and are operable in accordance with the design objectives, specifications and operational requirements of the undertaker;
“energy park works” means Work Nos. 1, 1A, 1B, 1C, 1D, 2, 6, 7, 8, 9 and 12;
“PPDW CEMP” means a permitted preliminary development works construction environmental management plan as described in section 5.3 of the CoCP;
“operation” or “operational” means the operational running of the relevant part of the authorised development;
“northern spur” means the part of the district heating network (Work No. 11) along the B1216 and A1077 on works plans B4, running east across works plans B5 and B6 and ending with either option A on works plans B7 or option B on works plans B8, in accordance with article 24 (compulsory acquisition of land);
“railway reinstatement works” means Work Nos. 3 and 4;
“waste area” means the area shown on the waste area plan; and
“waste area plan” means the document named the east midlands waste area plan identified in Schedule 15 and which is certified by the Secretary of State as the waste area plan for the purposes of this Order under article 46.
Commencement and phasing of the authorised development and notices
2.—(1) The authorised development must not be commenced after the expiration of five years from the date this Order comes into force.
(2) The authorised development must not be commenced until a written scheme setting out the proposed phasing of the authorised development has been submitted to and approved by the relevant planning authority and the approved phasing scheme must be complied with thereafter.
(3) The undertaker must notify the relevant planning authority within seven days of each of the following events occurring—
(a)the start of commissioning of any part of the authorised development; and
(b)the coming into operation of any part of the authorised development.
Detailed design
3.—(1) In relation to any part of the authorised development no development of that part may commence, save for any preliminary works, until details of the following have been submitted to and approved by the relevant planning authority—
(a)the siting, design, external appearance and dimensions of all buildings and structures comprising the authorised development which are to be retained;
(b)the colours, materials and surface finishes of all new permanent buildings and structures referred to in sub-paragraph (a);
(c)the permanent circulation roads, vehicle parking and hardstanding; and
(d)grounds levels and heights of all permanent buildings and structures.
(2) The details submitted and approved under sub-paragraph (1) must be in accordance with the design process and codes set out in the design principles and codes, and the flood risk assessment and must take into account any results of preliminary ground investigations, including ongoing archaeological investigations, topographical surveys and ground gas monitoring.
(3) The authorised development must be carried out in accordance with the details approved under sub-paragraph (1) for the relevant part of the authorised development.
Environmental management
4.—(1) The preliminary works may not commence until a PPDW CEMP has been submitted to and approved by the relevant planning authority and the preliminary works must be carried out in accordance with the approved PPDW CEMP unless otherwise agreed in writing by the relevant planning authority.
(2) No part of the authorised development may commence, save for the preliminary works, until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority following consultation with the Environment Agency and Natural England to the extent the construction environmental management plan relates to matters relevant to their functions.
(3) The construction environmental management plan submitted and approved must be in accordance with the CoCP and incorporate the following—
(a)dust management plan;
(b)remediation strategy;
(c)spill response plan;
(d)asbestos management plan;
(e)construction flood management plan;
(f)construction waste management plan;
(g)protected species management plan;
(h)invasive non-native species management plan;
(i)soil management plan;
(j)community relations plan;
(k)construction noise and vibration management plan;
(l)construction ornithology management plan; and
(m)piling and foundation works management plan.
(4) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan for the relevant part of the authorised development unless otherwise agreed with the relevant planning authority.
(5) No part of the energy park works or railway reinstatement works may come into operation until a detailed operational environmental management plan for that part has been submitted to and approved by the relevant planning authority to the extent that such a plan is necessary to supplement the environmental management system required under the environmental permit.
(6) The detailed operational environmental management plan submitted and approved must be in accordance with the OEMP.
(7) The detailed operational environmental management plan in respect of the energy park works must also be in accordance with any conditions in the environmental permit and incorporate the following (to the extent such matters are not covered in the environmental management system required under the environmental permit)—
(a)noise management plan;
(b)waste management plan; and
(c)surface water discharge strategy.
(8) The maintenance and operation of the authorised development must be carried out in accordance with the approved detailed operational environmental management plan for the relevant part of the authorised development unless otherwise agreed with the relevant planning authority.
(9) No part of the energy park works may come into operation until either:
(a)the undertaker has submitted to the relevant planning authority a report which demonstrates that the emissions from the authorised development will not exceed 1% of the critical load of acid deposition for the authorised development alone on the Risby Warren SSSI and the relevant planning authority, in consultation with Natural England, has approved the report; or
(b)the undertaker has secured alternative adequate mitigation or compensation of the identified residual effects at the Risby Warren SSSI arising from the authorised development alone and this mitigation or compensation has been approved by the relevant planning authority, in consultation with Natural England.
Lighting scheme
5.—(1) No part of the energy park works or railway reinstatement works may come into operation until a scheme for all permanent external lighting has been submitted to and approved by the relevant planning authority.
(2) The scheme submitted and approved under sub-paragraph (1) must be in accordance with the principles of the indicative lighting strategy and include measures to minimise and otherwise mitigate any artificial light emissions during the operation of the authorised development.
(3) The scheme must be implemented as approved prior to the coming into operation of the authorised development and maintained throughout the operation of the authorised development unless otherwise agreed by the relevant planning authority.
Landscape design
6.—(1) No part of the energy park works or railway reinstatement works may commence until a landscaping scheme has been submitted to and approved by the relevant planning authority following consultation with Natural England to the extent the landscaping scheme relates to matters relevant to their functions.
(2) The scheme submitted and approved under sub-paragraph (1) must be in accordance with the indicative landscape and biodiversity plans, the plans in appendix I (biodiversity net gain report) of the ecology and nature conservation chapter of the environmental statement in order to deliver the biodiversity net gain, and design process and codes set out in the design principles and codes and must include details of all hard and soft landscaping works, including—
(a)materials, and the number, species, sizes and planting positions of any planting;
(b)measures to protect any existing shrub and tree planting that is to be retained;
(c)hard surfacing materials;
(d)an implementation plan; and
(e)a future maintenance plan.
(3) The scheme must be implemented within a period of 12 months beginning with the coming into operation of the authorised development and maintained as approved during the operation of the authorised development, unless otherwise agreed with the relevant planning authority.
Landscape and ecology management
7.—(1) No part of the energy park works or railway reinstatement works may come into operation until a landscape and biodiversity management and monitoring plan for that part has been submitted to and approved by the relevant planning authority following consultation with Natural England to the extent the landscape and biodiversity management and monitoring plan relates to matters relevant to their functions.
(2) The landscape and biodiversity management and monitoring plan submitted and approved must be in accordance with the principles in the outline LBMMP and must include an implementation timetable, including monitoring and maintenance activities.
(3) The plan approved under sub-paragraph (1) must be implemented and delivered as approved and in accordance with the approved timetable.
Water Resources Assessment
8.—(1) No part of the energy park works may commence, save for the preliminary works, until a Water Resources Assessment is submitted to and agreed with Anglian Water following consultation with the Environment Agency on matters relating to their function and subsequently approved by the relevant planning authority. The Water Resources Assessment will include a scheme to deal with the supply of water during both construction and operation of the authorised development including final process design, maximum daily demand, and water efficiency measures.
(2) The scheme submitted and approved under sub-paragraph (1) must be in accordance with the environmental statement and for the operational water supply must be included in the operational environmental management plan submitted pursuant to Requirement 4(5) – (7) and for the construction water supply must be included in an update to the construction environment management plan submitted pursuant to Requirement 4(2).
(3) The scheme approved under sub-paragraph (1) must be implemented as approved throughout the construction and operation of the energy park works unless agreed otherwise by the relevant planning authority following consultation with the Environment Agency and Anglian Water as necessary.
(4) For the purposes of this Requirement—
(a)“Anglian Water” means Anglian Water Services Limited, the statutory water supply provider for the North Lincolnshire Green Energy Park under the Water Industry Act 1991 and responsible for ensuring the cumulative impacts of development do not compromise the supply of water for domestic purposes; and
(b)“Water Resources Assessment” includes all designs, drawings, specifications, resource assessments, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the source and supply of water for construction and operation.
Surface water drainage
9.—(1) No part of the energy park works may commence, save for the preliminary works, until details of the permanent surface water drainage systems, including a future maintenance plan, have been submitted to and approved by the relevant planning authority following consultation by the undertaker with the lead local flood authority, Scunthorpe and Gainsborough Water Management Board and the Environment Agency on matters related to their function.
(2) The details submitted and approved under sub-paragraph (1) must be in accordance with the principles set out in the indicative drainage strategy and the design process and codes set out in the design principles and codes.
(3) The scheme approved under sub-paragraph (1) must be implemented as approved prior to the development coming into operation and maintained as approved throughout the operation of the authorised development unless otherwise agreed with the relevant planning authority.
Foul water drainage
10.—(1) No part of the energy park works may commence, save for the preliminary works, until details of the permanent foul water drainage systems, including a future maintenance plan, have been submitted to and approved by the relevant planning authority following consultation with the Environment Agency on matters related to their function.
(2) The details submitted and approved under sub-paragraph (1) must be in accordance with the principles set out in the indicative drainage strategy.
(3) The scheme approved under sub-paragraph (1) must be implemented as approved prior to the development coming into operation and maintained as approved throughout the operation of the authorised development unless otherwise agreed by the relevant planning authority.
Construction traffic management and travel planning
11.—(1) No part of the authorised development may commence, save for the preliminary works, until a construction traffic management plan and a construction workers travel plan for that part has been submitted to and approved by the relevant planning authority.
(2) The construction traffic management plan submitted and approved under sub-paragraph (1) must be in accordance with the CLP.
(3) The construction traffic management plan and construction workers travel plan approved under sub-paragraph (1) must be implemented as approved throughout the construction of the authorised development unless otherwise agreed with the relevant planning authority.
Archaeology
12.—(1) No part of the authorised development is to commence until the undertaker has completed the following sequence of measures for that part of the authorised development—
(a)commissioned a programme of exploratory archaeological investigation of areas within the Order limits that provides for the identification and evaluation of the extent, character and significance of archaeological remains in any areas of the Order limits where previous evaluation investigations have not taken place or are incomplete;
(b)submitted to the relevant planning authority for approval a written scheme of investigation setting out the details of the programme of evaluation for the relevant planning authority to approve prior to commencement of the evaluation investigations;
(c)completed the evaluation investigations and submitted final reports to the relevant planning authority in accordance with the details and timings of the approved written scheme of investigation, provided that the evaluation investigations must be timed so that the results can inform the scope of the archaeological mitigation measures, referred to in sub-paragraph (2);
(d)submitted to the relevant planning authority for approval an updated archaeological impact assessment of the significance of all identified and potential heritage assets and the impact of the authorised development on that significance; and
(e)submitted to the relevant planning authority for approval an overarching archaeological mitigation strategy that details all mitigation measures to preserve, and if necessary enhance, all heritage assets affected by the authorised development.
(2) No part of the authorised development is to commence until a programme of archaeological mitigation measures for that part of the authorised development informed by the evaluation investigations referred to in sub-paragraph (1) and by earlier phases of investigation has been implemented in accordance with the approved overarching archaeological mitigation strategy and further written schemes of investigation for archaeological fieldwork which have been approved in writing by the relevant planning authority. The overarching archaeological mitigation strategy and written schemes of investigation must include and make provision for the following elements—
(a)mitigation fieldwork including measures to ensure the preservation in situ or by record of archaeological features of identified importance;
(b)post mitigation fieldwork methodologies for assessment and analysis;
(c)reporting and dissemination of findings, including publication of significant results;
(d)preparation of site archive, arrangements and timetable for deposition and sustainable management at a store approved in writing by the relevant planning authority;
(e)a timetable including sufficient notification to ensure that the mitigation fieldwork is undertaken and completed in accordance with the mitigation strategy before commencement of the relevant part of the authorised development;
(f)curatorial monitoring arrangements, including the notification in writing to the North Lincolnshire Historic Environment Record Office of the commencement of archaeological works and the opportunity to monitor such works;
(g)a list of all staff involved in the implementation of the mitigation strategy, including sub-contractors and specialists, their responsibilities and qualifications;
(h)any arrangements for community involvement; and
(i)measures to enhance the interpretation and public appreciation of heritage assets.
(3) The approved mitigation measures must be carried out in accordance with the written scheme of mitigation measures.
Flood risk
13.—(1) No part of the authorised development may commence, save for the preliminary works, until a detailed flood mitigation strategy, including the flood defences forming part of Work No. 13, an implementation timetable and long-term maintenance arrangements, has for that part, been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.
(2) No part of the energy park works may be commissioned until a flood management plan, which must include an evacuation route plan and flood resilience implementation plan, has, for that part, been submitted to and approved by the relevant planning authority.
(3) The schemes submitted and approved under sub-paragraphs (1) and (2) must be in accordance with the principles in the flood risk assessment unless otherwise agreed by the relevant planning authority in consultation with the Environment Agency and the lead local flood authority.
(4) The schemes approved under sub-paragraphs (1) and (2) must be implemented as approved prior to the coming into operation of the energy park works and maintained throughout the operation of the energy park works unless otherwise agreed with the relevant planning authority.
Operational travel plan
14.—(1) The energy park works must not come into operation until a travel plan has been submitted to and approved by the relevant planning authority.
(2) The plan submitted and approved under sub-paragraph (1) must be in accordance with the framework travel plan unless otherwise agreed by the relevant planning authority.
(3) The plan approved under sub-paragraph (1) must be implemented as approved throughout the operation of the authorised development unless otherwise agreed by the relevant planning authority.
New highway access
15.—(1) The undertaker must not commence development of the energy park works or railway reinstatement works, excluding any preliminary works, until the new access road (Work No. 5) has been constructed to base course level and connected to the public highway.
(2) As part of constructing the new access road to base course level under sub-paragraph (1), the undertaker must carry out such parts of Work Nos. 10 and 11 as fall within the land in respect of which Work No. 5 is authorised.
(3) Prior to the energy recovery facility (Work No. 1) coming into operation the undertaker must complete the new access road (Work No. 5) to the reasonable satisfaction of the relevant planning authority, in consultation with the relevant highway authority, and make it available for public use.
Fuel Type
16.—(1) Only refuse derived fuel comprising of processed waste from municipal, household, commercial and industrial sources may be used in the combustion system in Work No. 1 (b), except for the purposes of start-up or support firing when gas or fuel oil may be used.
(2) Not less than—
(a)350,000 tonnes; or
(b)50%,
(c)of the refuse derived fuel processed at the authorised development per operational year (whichever is the lower) must originate from within the waste area unless otherwise agreed by the relevant planning authority.
(3) From the date of coming into operation of Work No. 1 (ERF) until the date Work No. 1 (ERF) has been decommissioned in accordance with requirement 16 (Decommissioning) (unless otherwise agreed by the relevant planning authority), the undertaker must maintain a written record, retained at the authorised development, of the quantity of the refuse derived fuel received from the waste area treated by the authorised development for each operational year.
(4) From the date of coming into operation of Work No. 1 (ERF) until the date Work No. 1 (ERF) has been decommissioned in accordance with requirement 16 (Decommissioning) (unless otherwise agreed by the relevant planning authority), on or prior to 1 February each year, the undertaker must provide to the relevant planning authority a report for the preceding operational year (the “waste catchment report”). The waste catchment report must identify the total tonnage of refuse derived fuel received from the waste area processed at the authorised development for the operational year.
Decommissioning
17.—(1) Within two years of the date that the undertaker decides to end commercial operation of the energy park works, the undertaker must submit to the relevant planning authority for its approval a decommissioning plan, including a timetable for its implementation and a decommissioning environmental management plan which shall include, but not be limited to, matters such as flood risk.
(2) The plan submitted to and approved under sub-paragraph (1) must be implemented as approved unless otherwise agreed with the relevant planning authority.
Combined heat and power
18.—(1) No part of the energy park works may be commissioned until a scheme for the provision of steam or hot water pass-outs has been submitted to and approved by the relevant planning authority.
(2) The scheme submitted under sub-paragraph (1) must as a minimum comply with the conditions relating to steam and hot water pass-outs within any environmental permit granted in respect of the authorised development.
(3) The scheme approved under sub-paragraph (1) must be implemented as approved prior to the coming into operation of the authorised development and maintained throughout the operation of the authorised development.
(4) Prior to the energy park works coming into operation, the undertaker will construct the northern spur.
(5) No later than the date that is 18 months after the date of the energy park works coming into operation, the undertaker must submit to the relevant planning authority for its approval a report (“the CHP review”) updating the combined heat and power assessment.
(6) The CHP review submitted must—
(a)consider the opportunities that reasonably exist for the export of heat from Work No. 11 at the time of submission of the CHP review; and
(b)include a list of actions (if any) that the undertaker is reasonably and practicably able to take (without material additional cost to the undertaker) to increase the potential for the export of heat from Work No. 11.
(7) The undertaker must take such actions as are included, within the timescales specified, in the approved CHP review.
(8) The relevant planning authority must consult with the Environment Agency before approving any CHP review.
Commissioning
19.—(1) Notice of the intended completion of commissioning of Work Nos. 1 (ERF), 1B (CCUS) and 2(b) (CBMF) must be given to the relevant planning authority where practicable prior to such completion.
(2) Work No. 1B (CCUS) must be constructed and commissioned within 6 months of the commissioning of Work No. 1 (ERF) and Work No. 2(b) (CBMF) must be constructed and commissioned within 12 months of the commissioning of Work No. 1B except that these timescales may be amended where it has been demonstrated to the satisfaction of the relevant planning authority that the alternative timescales sought are unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
Carbon Capture
20.—(1) Once commissioned, Work No. 1B (CCUS) must capture a minimum quantity of CO2 which equates to the lesser of 54,387 tonnes per annum or 8.37% of the weight of the ERF waste throughput per annum from the date that the CCUS is commissioned until the energy park works are decommissioned.
(2) Within 28 days of the date which is one calendar year from the date Work No. 1B comes into operation, the undertaker must submit a report to the relevant planning authority confirming the amount of CO2 captured during the previous year of operation and must continue to submit such reports annually until the energy park works are decommissioned.
Rail
21.—(1) The undertaker must use reasonable endeavours to complete all necessary works forming part of Work No.3 to such an extent as to facilitate the use of the railway by rail freight importing or exporting waste or other materials within 12 months of construction of the new access road (Work No. 5) to base course level as per requirement 15 and in any event must complete Work No. 3 prior to commissioning of Work No. 1
(2) Following completion of Work No. 3 the undertaker must retain, manage and keep the railway forming part of the authorised development available for use throughout the construction and operation of the authorised development.
Local employment and skills
22.—(1) No part of the authorised development, save for the preliminary works, may commence until a detailed employment and skills plan (which must be in accordance with the outline employment and skills policy) has been submitted to and approved by the relevant planning authority.
(2) The employment and skills plan shall identify opportunities for individuals and businesses based in the region of Greater Lincolnshire to access employment opportunities associated with the construction, operation and maintenance of the authorised development.
(3) The employment and skills plan approved under sub-paragraph (1) must be implemented as approved.
Noise
23. The rating level (LAr) of noise from the operation of the authorised development shall not exceed: 45 dB LAr for any fifteen-minute period between 23:00 and 07:00; and 50 dB LAeq for any one-hour period between 07:00 and 23:00, determined one metre free-field external to any window or door of any existing permanent residential premises using the definitions and methods described in ‘Methods for rating and assessing industrial and commercial sound’ British Standards Institution BS4142 2014+A1:2019.
PRF
24.—(1) Notice of the intended completion of commissioning of the plastic recycling facility (Work No. 6) must be given to the relevant planning authority where practicable prior to such completion. Approved details and amendments to them.
(2) Prior to the coming into operation of Work No. 1 (ERF) the plastic recycling Facility (Work No. 6) must have been constructed and commissioned.
(3) The plastic recycling facility (Work No. 6) shall only treat plastic waste received from suppliers who are also supplying the undertaker with refuse derived fuel used to fuel the combustion system in Work No. 1 (b).
25. Where a requirement requires the authorised development to be constructed in accordance with details approved by the relevant planning authority, the approved details are taken to include any amendments subsequently approved by the relevant planning authority.
Amendments agreed by the relevant planning authority
26.—(1) Where the words “unless otherwise agreed by the relevant planning authority” appear in the requirements—
(a)whenever the undertaker requests that the relevant planning authority provides its agreement in accordance with those words, the undertaker must provide the relevant planning authority with information on compliance with any document listed in the relevant requirement and any other relevant certified document; and
(b)any such approval or agreement may only be given in relation to non-material amendments and where it has been demonstrated to the satisfaction of that authority that the subject matter of the approval or agreement sought will not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
(2) In cases where the requirement or the relevant sub-paragraph requires consultation with specified persons, any such approval or agreement must not be given without the relevant planning authority having first consulted with those persons.
Requirement for written approval
27. Where under any of the requirements the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be provided in writing.
Anticipatory steps towards compliance with any requirement
28.—(1) If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of this Schedule, those steps must be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.
(2) Any document submitted to the relevant planning authority which the undertaker considers may constitute a step referred to at sub-paragraph (1) must include a statement that it is likely to engage sub-paragraph (1).