SCHEDULE 2Requirements

PART 1Requirements

Interpretation

1.  In this Schedule—

“AOD” means above Ordnance Datum;

“carbon dioxide storage permit” means any carbon dioxide storage permit granted in terms of The Storage of Carbon Dioxide (Licensing etc.) Regulations 2010 or such other licence, authorisation or consent as may replace it;

“commissioning” means the process during which plant components and systems forming part of the authorised development, having been constructed or modified, are tested and verified to be in accordance with design assumptions and to have met the appropriate safety criteria, and are made operational;

“contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990(1);

“CTMP” means construction traffic management plan;

“DEMP” means decommissioning environmental management plan;

“discharging authority” means any body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement;

“LEMP” means the landscape and ecological management plan;

“offshore pipeline and storage works” means works for the offshore carbon dioxide transportation and storage infrastructure into which the authorised development will connect;

“relevant planning authority” means–

and “relevant planning authorities” and “relevant planning authority” means Lincolnshire County Council, North Lincolnshire Council, North East Lincolnshire Council, East Lindsay District Council and West Lindsay District Council, as applicable; and

“requirement consultee” means any body named in a requirement as a body to be consulted by the discharging authority in discharging that requirement.

Time limits

2.—(1) The authorised development must not commence later than the expiration of five years beginning with the date on which this Order comes into force.

(2) Notice of commencement of the authorised development must be given to the relevant planning authorities no later than 14 days before the date on which the authorised development is intended to be commenced.

Stages of authorised development

3.—(1) The authorised development must not commence until a written scheme setting out all stages of the authorised development and including a plan indicating when each stage will be constructed has been submitted to each relevant planning authority, which scheme may subsequently be amended from time to time as notified to the relevant planning authority.

(2) The written scheme must be implemented as notified under sub-paragraph (1).

Scheme design

4.—(1) Subject to sub-paragraph (2), Works Nos. 1, 14, 21, 31 and 44 must be carried out in general accordance with the general arrangement plans.

(2) The authorised development will not be in general accordance with the general arrangement plans if any departure from the general arrangement plans would give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(3) The authorised development must be designed in accordance with the parameters specified in Table 1 below and the works plans and implemented in accordance with approved plans and any other approvals given by the relevant planning authority pursuant to these requirements.

(4) The buildings and structures identified in Table 1 must only be constructed within the area for the Work No. of which they form part as shown in the works plans.

Construction environmental management plan

5.—(1) No stage of the authorised development may commence until a CEMP which includes that stage has been submitted to and approved by the relevant planning authority following consultation with the Environment Agency and Lincolnshire County Council.

(2) The CEMP must be substantially in accordance with the outline construction environment management plan and include management plans, working methods and mitigation measures including—

(a)details of lighting during construction;

(b)noise and vibration management plan;

(c)dust management plan;

(d)materials management plan;

(e)soil management plan;

(f)water management plan;

(g)site waste management plan;

(h)emergency response plan;

(i)stakeholder communication plan;

(j)public right of way management plan;

(k)construction ecological management plan;

(l)species protection plans; and

(m)invasive non-native species method statement.

(3) Each stage of the authorised development must be undertaken in accordance with the approved CEMP for that stage, or with such changes to that document as approved by the relevant planning authority.

Construction traffic

6.—(1) No stage of the authorised development may commence until a CTMP for that stage, in accordance with the outline construction traffic management plan, has been submitted to and approved by the relevant planning authority and, in respect of effects on the strategic road network, National Highways following consultation with the relevant highway authority and Network Rail.

(2) The CTMP for each stage must include a construction worker travel plan in accordance with the interim worker travel plan and include measures to be taken to promote sustainable travel options and minimise use of private vehicles.

(3) Each stage of the authorised development must be implemented in accordance with the approved CTMP for that stage.

Highway accesses

7.—(1) Construction of any new permanent or temporary means of access to a highway, or alteration to any access, must not commence until an access plan for that access has been submitted to and approved by the relevant highway authority.

(2) The access plan must include details of the siting, design, layout, visibility splays, access management measures and a maintenance programme relevant to the access it relates to.

(3) The relevant highway authority must be consulted on the access plan before it is submitted for approval.

(4) The highway accesses (including visibility splays) must be implemented in accordance with the approved details.

Surface water drainage

8.—(1) No development of Work Nos 1, 14, 21, 31 or 44 may commence until, for that Work No, a surface water drainage plan for permanent works relevant to that stage, in accordance with the relevant part of the outline surface water drainage strategy, has been submitted to and approved by the relevant planning authority following consultation with Anglian Water.

(2) The surface water drainage system for each stage must be implemented in accordance with the approved details.

Contaminated land and groundwater

9.—(1) In the event that contamination is found at any time when carrying out the authorised development then works in that location must cease immediately and the contamination must be reported in writing to the relevant planning authority as soon as reasonably practicable.

(2) Where contamination has been reported to the relevant planning authority in accordance with sub-paragraph (1), an investigation and risk assessment must be completed in accordance with a contamination scheme to assess the nature and extent of any contamination on the part of the Order limits within which works are being carried out, whether or not that contamination originates on that part of the Order limits; and—

(a)the contents of that scheme are subject to the approval of the relevant planning authority, following consultation with the Environment Agency; and

(b)that investigation and risk assessment must be undertaken within timescales agreed with the relevant planning authority and in accordance with the approved contamination scheme and a written report of the findings must be submitted to the relevant planning authority, following consultation with the Environment Agency.

(3) Where remediation is determined by the relevant planning authority to be required having had regard to the results of an investigation and risk assessment carried out under sub-paragraph (2), a detailed remediation scheme must be prepared and submitted for the approval of the relevant planning authority, following consultation with the Environment Agency.

(4) The approved remediation scheme must be implemented in accordance with its terms.

Archaeology

10.—(1) No stage of the authorised development with the potential to affect buried archaeological assets may commence until a written scheme for the investigation of areas of archaeological interest relevant to that stage (if any) as identified in the outline archaeological written scheme of investigation has been submitted to and approved by the relevant planning authority following consultation with Historic England.

(2) The scheme approved under sub-paragraph (1) must be in accordance with the outline archaeological written scheme of investigation, and identify the measures to be taken to investigate, protect, record or preserve any significant archaeological remains that may be found.

(3) Any archaeological works carried out under the approved scheme must be carried out by an organisation registered with the Chartered Institute for Archaeologists or by a member of that Institute.

(4) Any archaeological works must be implemented in accordance with the approved scheme.

Landscape and ecological management plan

11.—(1) Subject to sub-paragraph (4), no stage of the authorised development may commence until a LEMP for that stage, substantially in accordance with the outline landscape and ecological management plan, has been submitted to and approved by the relevant planning authority in consultation with Lincolnshire County Council.

(2) The LEMP must include:

(a)an implementation timetable; and

(b)measures for the protection of existing features adjacent to the Works as detailed in the Environmental Statement.

(3) Each stage of the authorised development must be implemented in accordance with the approved LEMP for that stage.

(4) Sub-paragraph (1) only applies to those stages of the authorised development in respect of which any landscape and ecological management measures are to be implemented by the undertaker, as identified in the outline LEMP.

Ecological surveys

12.  No stage of the authorised development may commence until it has been established by survey work whether any European protected species are present within the Order limits or may be affected by that stage of the authorised development.

Construction hours

13.—(1) Subject to sub-paragraphs (2), (3), and (4), construction works must only take place between 0700 and 1900 on weekdays and 0700 and 1330 on Saturdays (with no works on Sundays or public or bank holidays), except in the event of an emergency, unless a scheme for the carrying out of those works specifying the hours in which they may be carried out has been submitted to and approved by the relevant planning authority. Where such a scheme is approved under this requirement, the works set out in that scheme must be carried out in accordance with the approved scheme.

(2) In the event of an emergency, notification of that emergency must be given to the relevant planning authority and the relevant highway authority as soon as reasonably practicable.

(3) The following operations may where necessary continue or take place outside the working hours referred to in sub-paragraph (1)—

(a)trenchless construction techniques which cannot be interrupted;

(b)filling, testing, dewatering and drying; and

(c)commissioning of the pipeline works.

(4) Nothing in sub-paragraph (1) precludes—

(a)the receipt of oversize deliveries to site and the undertaking of non-intrusive activities;

(b)start-up and shut-down activities up to an hour either side of the stated working hours and undertaken in compliance with the CEMP;

(c)works on a traffic sensitive street where so directed by the relevant highway authority; and

(d)works to make construction sites safe in the event of extreme weather.

(5) In this requirement—

“emergency” means a situation where, if the relevant action is not taken, there will be adverse health, safety, security or environmental consequences that in the reasonable opinion of the undertaker would outweigh the adverse effects to the public (whether individuals, classes or generally as the case may be) of taking that action; and

“trenchless construction techniques which cannot be interrupted” means drilling, tunnelling, boring or similar construction methods used to create an underground route for the pipeline without trenching from the surface, and includes any necessary ancillary activities to that drilling, tunnelling or boring; but does not include operations to prepare for drilling, tunnelling and boring, and specifically does not include works of excavation of pits, or works to remediate the site of pits used for drilling, tunnelling and boring.

Restoration of land

14.  Subject to article 32 (temporary use of land for carrying out the authorised development), any land within the Order limits which is used temporarily for or in connection with construction must be reinstated to a condition fit for its former use, or such other condition as the relevant planning authority may approve, within 12 months of completion of the authorised development.

Operational phase mitigation plan

15.—(1) The undertaker must, no later than three months prior to the planned completion of commissioning of the authorised development, submit to the relevant planning authorities the operational phase mitigation plan (or plans) which details the monitoring and management requirements of the authorised development, including post-construction monitoring.

(2) The operational phase mitigation plans submitted under sub-paragraph (1) must be in accordance with the outline operational phase mitigation plan, and developed having regard to the approved CEMP(s) and the LEMP(s).

(3) Operation of the authorised development must be implemented in accordance with the submitted operational phase mitigation plan(s).

Decommissioning environmental management plan

16.—(1) The undertaker must, no later than six months prior to the planned permanent cessation of operation of the authorised development, submit a DEMP to the relevant planning authorities and, in respect of effects on the strategic road network, National Highways, for approval following consultation with the Environment Agency and Lincolnshire County Council.

(2) The DEMP submitted under sub-paragraph (1) must include the details required by the demolition management plan and specifically including:

(a)details of any below ground apparatus to be left in situ;

(b)method statements for the decommissioning and dismantlement of above ground infrastructure;

(c)traffic management plan for the decommissioning works; and

(d)waste management plan for the decommissioning works.

(3) Decommissioning of the authorised development must be implemented in accordance with the approved DEMP.

Donna Nook Air Weapon Range

17.—(1) The undertaker must notify the Ministry of Defence, at least 14 days prior to the commencement of Work Nos 01 and 44, in writing, of the following information—

(a)the date of the commencement of the erection of any vent stack, or tall or narrow profile structure over 15 metres high;

(b)the maximum height of any construction equipment to be used in the erection of any vent stack;

(c)the date the vent stack is brought into use;

(d)the latitude and longitude and maximum heights of the vent stack.

(2) The Ministry of Defence must be notified of any changes to the information supplied in accordance with this requirement and of the completion of the construction of the development.

Written approval

18.  Where under any of the requirements the approval or agreement of the relevant planning authority or another person or authority is required, that approval or agreement must be given in writing.

Amendments to approved details

19.—(1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the relevant planning authority or another discharging authority, the authorised development must be carried out in accordance with the approved details unless an application for an amendment or variation is submitted by the undertaker and agreed by the relevant planning authority or another discharging authority as specified in the relevant requirement, in accordance with sub-paragraph (2) and in consultation with any body specified in the relevant requirement.

(2) No amendments to or variations from the approved details may be approved if their likely significant effects on the environment are not assessed in the environmental statement, or have not been subject to such further assessment as the relevant planning authority or that other discharging authority may require; provided that such approval must not be given except where it has been demonstrated that the subject-matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved (as identified in the environmental statement).

(3) The approved details must be taken to include any amendments that may subsequently be approved by the relevant planning authority or that other discharging authority.

(4) Subject to sub-paragraph (2), if a relevant planning authority which receives an application for approval of any amendments to approved details under sub-paragraph (1) fails to notify the undertaker of its decision before the end of the period of 56 days beginning with the date on which the application was made, or such longer period as may be agreed in writing by the undertaker and the relevant authority, it is deemed to have granted consent.

Offshore consents

20.  No part of the authorised development may commence until details of the following have been submitted to and approved by the Secretary of State—

(a)evidence that a carbon dioxide storage permit for the offshore pipeline and storage works is in place;

(b)evidence of any pipeline works authorisation required by section 14 of the Petroleum Act 1998 for the offshore pipeline and storage works.

Biodiversity net gain

21.—(1) No development may commence until a scheme securing the provision of biodiversity net gain of 10% or greater for habitats affected by the construction of AGIs or BVSs forming part of the authorised development (as calculated using Natural England Biodiversity Metric 4.0, or such other biodiversity metric approved by the relevant planning authority in consultation with the relevant statutory nature consultation body), has been submitted to and approved in writing by the relevant planning authority.

(2) Where such a scheme is approved under this requirement, the works set out in that scheme must be carried out in accordance with the approved scheme.

Anticipatory steps towards compliance with any requirement

22.  If, before the coming into force of this Order, the undertaker or any other person has taken any steps towards compliance with any provision of Part 1 of this Schedule, those steps may 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.