Article 2
1. In this Schedule—
“construction laydown area” means the land on which numbered work 9 is authorised to be carried out as shown on the works plans;
“pipeline area” means the land on which numbered works 5, 6 and 7 are authorised to be carried out as shown on the works plans;
“power station area” means the land on which numbered works 1, 2, 3, 4, 8, 12 and 13 are authorised to be carried out as shown on the works plans;
“shut down period” means a period after physical construction works have finished for the day during which activities including changing out of work gear, the departure of workers, post-works briefings and closing and securing the site take place; and
“start up period” means a period prior to physical construction works starting for the day during which activities including the opening up of the site, the arrival of workers, changing into work wear and pre-work briefings take place.
Commencement Information
I1Sch. 2 para. 1 in force at 25.10.2019, 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 25.10.2019, see art. 1
3.—(1) No part of the authorised development may commence until a written scheme setting out the phasing of construction of numbered works 1, 2 and 3 has been submitted to and approved by the relevant planning authority.
(2) The scheme submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the phasing as detailed in chapter 3 (site and project description) of the environmental statement and must include details of timescales for the reinstatement or restoration of the temporary construction laydown areas comprised in numbered works 6C, 6D, 7B and 9, in line with the outline landscape and biodiversity strategy.
(3) The scheme submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.
Commencement Information
I3Sch. 2 para. 3 in force at 25.10.2019, see art. 1
4.—(1) Notice of the intended start of commissioning of each of numbered works 1A and 2A must be given to the relevant planning authority prior to such start and in any event within seven days from the date that commissioning is started.
(2) Within seven days of the completion of the commissioning of numbered work 1A, the undertaker must provide the relevant planning authority with notice of the date upon which such commissioning was duly completed.
(3) Within seven days of the completion of the commissioning of numbered work 2A, the undertaker must provide the relevant planning authority with notice of the date upon which such commissioning was duly completed.
Commencement Information
I4Sch. 2 para. 4 in force at 25.10.2019, see art. 1
5. 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.
Commencement Information
I5Sch. 2 para. 5 in force at 25.10.2019, see art. 1
6.—(1) With respect to any plans, details or schemes which have been approved by the relevant planning authority pursuant to any Requirement, the undertaker may submit to the relevant planning authority for approval any amendments to those plans, details or schemes and, if approved by the relevant planning authority, those plans, details or schemes are to be taken to include the amendments approved by the relevant planning authority pursuant to this paragraph.
(2) Approval under sub-paragraph (1) for the amendments to plans, details or schemes 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.
Commencement Information
I6Sch. 2 para. 6 in force at 25.10.2019, see art. 1
7.—(1) In relation to any part of the authorised development comprised in numbered work 1, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (d) after consultation with the highway authority, approved by the relevant planning authority—
(a)the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;
(b)finished floor levels;
(c)hard standings; and
(d)the internal vehicular access and circulation roads, vehicle parking, cycle parking and routes, and pedestrian facilities and routes.
(2) In relation to any part of the authorised development comprised in numbered work 2, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (d) after consultation with the highway authority, approved by the relevant planning authority—
(a)the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;
(b)finished floor levels;
(c)hard standings; and
(d)the internal vehicular access and circulation roads, vehicle parking, cycle parking and routes, and pedestrian facilities and routes.
(3) In relation to any part of the authorised development comprised in numbered work 3A, no development of that part may commence until details of the following for that part have been submitted to and approved by the relevant planning authority—
(a)the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures including any cladding or shield to enclose or protect the battery energy storage cells;
(b)finished floor levels;
(c)flood mitigation channel;
(d)hard standings; and
(e)the internal vehicular access and circulation roads.
(4) In relation to any part of the authorised development comprised in numbered work 3B, no development of that part may commence until details of the following for that part have been submitted to and approved by the relevant planning authority—
(a)the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures including any cladding or shield to enclose or protect the battery energy storage cells;
(b)finished floor levels;
(c)hard standings; and
(d)the internal vehicular access and circulation roads.
(5) In relation to any part of the authorised development comprised in numbered work 4A, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (e) after consultation with the highway authority, approved by the relevant planning authority—
(a)the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;
(b)finished floor levels;
(c)hard standings;
(d)security infrastructure; and
(e)the internal vehicular access, circulation roads and vehicle parking.
(6) In relation to any part of the authorised development comprised in numbered work 4B, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (e) after consultation with the highway authority, approved by the relevant planning authority—
(a)the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;
(b)finished floor levels;
(c)hard standings;
(d)security infrastructure; and
(e)the internal vehicular access, circulation roads and vehicle parking.
(7) In relation to any part of the authorised development comprised in numbered work 5, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (e) after consultation with the highway authority, approved by the relevant planning authority—
(a)the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;
(b)finished floor levels;
(c)hard standings;
(d)security infrastructure; and
(e)the internal vehicular access, circulation roads and vehicle parking.
(8) In relation to any part of the authorised development comprised in numbered work 6, no development of that part may commence until details of the following for that part have been submitted to and, in respect of the matters referred to in paragraph (f) after consultation with the highway authority, approved by the relevant planning authority—
(a)the siting, layout, scale and external appearance, including colour, materials and surface finishes of all new permanent buildings and structures;
(b)finished floor levels;
(c)hard standings;
(d)the size of the culvert in numbered work 6A(ix);
(e)security infrastructure; and
(f)the internal vehicular access, circulation roads and vehicle parking.
(9) In relation to the pedestrian bridge in numbered work 9A, no development of any part of the pedestrian bridge may commence until the undertaker has submitted to the highway authority for approval detailed design and safety drawings of the pedestrian bridge.
(10) The authorised development must be carried out in accordance with the design parameters.
(11) Numbered works 1, 2, 3, 4, 5, 6 and 9A must be carried out in accordance with the approved details under this Requirement.
Commencement Information
I7Sch. 2 para. 7 in force at 25.10.2019, see art. 1
8.—(1) No part of the numbered works comprising stage 1 may be commenced until a written strategy for that work which is substantially in accordance with the outline landscape and biodiversity strategy and chapter 9 (biodiversity) of the environmental statement (as each is relevant for that numbered work) has been submitted to and, after consultation with North Yorkshire County Council, approved by the relevant planning authority.
(2) No part of the numbered works comprising stage 2 may be commenced until, for those numbered works, a written strategy which is substantially in accordance with the outline landscape and biodiversity strategy and chapter 9 (biodiversity) of the environmental statement (as each is relevant for that numbered work) has been submitted to and, after consultation with North Yorkshire County Council, approved by the relevant planning authority.
(3) The strategies submitted and approved pursuant to sub-paragraphs (1) and (2) (as applicable) must include details of all proposed hard and soft landscaping works and ecological mitigation measures (as applicable for the relevant numbered work) and, where applicable,—
(a)the location, number, species, size and planting density of any proposed planting including details of any proposed tree planting and the proposed times of such planting;
(b)cultivation, importing of materials and other operations to ensure plant establishment;
(c)hard surfacing materials;
(d)an implementation timetable;
(e)annual landscaping and biodiversity management and maintenance;
(f)the ecological surveys (if any) 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 the ecological mitigation measures; and
(g)an explanation of how the design of the numbered works comprised in the stage, which is the subject of the strategy, has sought to maximise the biodiversity net gain of the authorised development as far as practicable.
(4) Any shrub or tree planted as part of the approved strategy that, within a period of five years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, 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.
(5) The strategies must be implemented and maintained in accordance with the implementation timetable in the strategy submitted and approved pursuant to sub-paragraphs (1) and (2).
Commencement Information
I8Sch. 2 para. 8 in force at 25.10.2019, see art. 1
9.—(1) Numbered work 7 may not commence until, for that numbered work, a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the access and rights of way plans for that numbered work which is substantially in accordance with the outline public rights of way management plan has been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.
(2) The plan submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.
(3) No public right of way specified in columns (2) and (3) of the table in Schedule 7 (public rights of way to be permanently stopped up) is to be wholly or partly stopped up under article 13 (permanent stopping up of public rights of way) until details of the materials for the form and lay out of the surface of the new public right of way to be substituted for it, which is specified in column (4) of the table in Schedule 7, have been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.
(4) The details submitted and approved pursuant to sub-paragraph (3) must be implemented as approved.
Commencement Information
I9Sch. 2 para. 9 in force at 25.10.2019, see art. 1
10.—(1) No part of the numbered works comprising stage 1 may commence until a written scheme for the temporary external lighting to be installed for the purposes of construction for that work has been submitted to and approved by the relevant planning authority.
(2) No part of the numbered works comprising stage 2 may commence until a written scheme for the temporary external lighting to be installed for the purposes of construction for that numbered work has been submitted to and approved by the relevant planning authority.
(3) The schemes submitted and approved pursuant to sub-paragraphs (1) and (2) of this Requirement must be substantially in accordance with the principles set out in chapter 9 (biodiversity) and chapter 10 (landscape and visual amenity) of the environmental statement and the objectives set out in the outline construction environmental management plan and must include details of the temporary external lighting to be installed for the purposes of the construction of the relevant numbered work.
(4) Prior to the date of Work No. 1A full commissioning a written scheme for the permanent external lighting to be installed for the purposes of operation for the numbered works comprising stage 1 must be submitted to and approved by the relevant planning authority.
(5) Prior to the date of Work No. 2A full commissioning a written scheme for the permanent external lighting to be installed for the purposes of operation for the numbered works comprising stage 2 must be submitted to and approved by the relevant planning authority.
(6) The schemes submitted and approved pursuant to sub-paragraphs (4) and (5) of this Requirement must be substantially in accordance with the principles set out in chapter 9 (biodiversity) and chapter 10 (landscape and visual amenity) of the environmental statement and must include details of the permanent external lighting to be installed for the purposes of the operation of the relevant numbered work.
(7) The schemes must be implemented as approved.
Commencement Information
I10Sch. 2 para. 10 in force at 25.10.2019, see art. 1
11.—(1) None of the numbered works 5, 6, 7, 9B or 14 may commence until details of the siting, design and layout (including visibility splays and construction specification) of any new or modified permanent or temporary means of access and passing place between any part of the Order limits and the public highway to be used by vehicular traffic during construction, and the means of reinstating any temporary means of access and passing place after construction (where reinstatement is to take place) has, for that numbered work, been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.
(2) The highway accesses and passing place approved pursuant to sub-paragraph (1) must be constructed in accordance with the approved details prior to the start of construction of the relevant numbered work (other than the accesses and passing place), and where temporary, reinstated prior to—
(a)in respect of numbered works 5, 6, 7 and 14, the date that is no later than 12 months after the date of Work No. 1A full commissioning; and
(b)in respect of numbered work 9B, the date that is no later than 12 months after the date of Work No. 2A full commissioning.
Commencement Information
I11Sch. 2 para. 11 in force at 25.10.2019, see art. 1
12.—(1) Each of numbered works 5, 6A, 6B, 7, 8B (in relation to the 400 kilovolt cable sealing end compound) and 9 of the authorised development may not commence until details of a programme for the removal of all temporary means of enclosure for any construction areas or sites have, for that numbered work, been submitted to and approved by the relevant planning authority.
(2) Any construction areas or sites must remain securely fenced at all times during construction and commissioning of the authorised development in accordance with the details approved pursuant to sub-paragraph (1).
(3) Prior to the date of Work No. 1A full commissioning—
(a)details of any proposed permanent means of enclosure for each of numbered works 5, 6A and 6B must be submitted to and approved by the relevant planning authority; and
(b)the approved permanent means of enclosure must be completed.
(4) Prior to the date of Work No. 2A full commissioning—
(a)details of any proposed permanent means of enclosure for numbered work 8B (in relation to the 400 kilovolt cable sealing end compound) must be submitted to and approved by the relevant planning authority; and
(b)the approved permanent means of enclosure must be completed.
Commencement Information
I12Sch. 2 para. 12 in force at 25.10.2019, see art. 1
13.—(1) None of the numbered works 1, 2, 3A, 5 or 6 may commence until a surface water drainage scheme for that numbered work has been submitted to, and after consultation with the Environment Agency, lead local flood authority and relevant internal drainage board, approved by the relevant planning authority.
(2) Any surface water drainage scheme submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the principles set out in the outline surface water drainage strategy.
(3) Any scheme approved pursuant to sub-paragraph (1) must be implemented as approved and maintained throughout the construction and operation of numbered works 1, 2, 3A, 5 and 6.
Commencement Information
I13Sch. 2 para. 13 in force at 25.10.2019, see art. 1
14.—(1) The authorised development must be carried out in accordance with the flood risk assessment.
(2) In relation to any part of the authorised development comprised in numbered work 3A, no development of that part may commence until the flood mitigation channel comprised in that numbered work has been completed.
Commencement Information
I14Sch. 2 para. 14 in force at 25.10.2019, see art. 1
15.—(1) No part of the numbered works comprising stage 1 may commence (including permitted preliminary works comprising demolition of existing structures, environmental surveys, geotechnical surveys and other investigations for the purpose of assessing ground conditions only) until a written strategy in relation to the identification and remediation of any risks associated with the contamination of the Order limits associated with that numbered work has been submitted to and approved by the relevant planning authority.
(2) No part of the numbered works comprising stage 2 may commence (including permitted preliminary works comprising demolition of existing structures, environmental surveys, geotechnical surveys and other investigations for the purpose of assessing ground conditions only) until a written strategy in relation to the identification and remediation of any risks associated with the contamination of the Order limits associated with that numbered work has been submitted to and approved by the relevant planning authority.
(3) The strategy submitted and approved pursuant to sub-paragraph (1) or (2) must—
(a)include a site investigation scheme, based on the preliminary risk assessment set out in chapter 11 (ground conditions and contamination) of the environmental statement and providing details of the detailed risk assessment to be carried out for the receptors on or in the vicinity of the Order limits that may be affected by the authorised development;
(b)set out how the outcomes of the site investigation scheme and detailed risk assessment carried out pursuant to paragraph (a) will be reported, and provide for the submission and approval by the relevant planning authority of an options appraisal and remediation strategy based on such outcomes and providing details of any remediation measures required and how they are to be carried out; and
(c)include a verification plan identifying the data to be collected in order to demonstrate that the remediation measures set out in the options appraisal and remediation strategy prepared pursuant to paragraph (b) have been completed and are effective, and any requirement for long term monitoring of pollutant linkages, maintenance or arrangements for contingency action.
(4) Prior to the date of Work No. 1A full commissioning a report prepared substantially in accordance with the verification plan prepared pursuant to sub-paragraph (3)(c) and approved pursuant to sub-paragraph (1) must be submitted to and approved by the relevant planning authority.
(5) Prior to the date of Work No. 2A full commissioning a report prepared substantially in accordance with the verification plan prepared pursuant to sub-paragraph (3)(c) and approved pursuant to sub-paragraph (2) must be submitted to and approved by the relevant planning authority.
(6) If, during the carrying out of the authorised development on—
(a)the power station area;
(b)the pipeline area; or
(c)the construction laydown area,
contamination not previously identified is found to be present on such areas no further development (unless otherwise agreed in writing with the relevant planning authority) may be carried out on the areas on which the contamination has been found until a remediation strategy detailing how such contamination must be dealt with has been submitted to and approved by the relevant planning authority.
(7) The authorised development must be carried out in accordance with the strategies approved pursuant to sub-paragraphs (1) and (2) and any remediation strategy approved pursuant to sub-paragraph (6).
Commencement Information
I15Sch. 2 para. 15 in force at 25.10.2019, see art. 1
16.—(1) None of the numbered works 5, 6, 7, 9B or 14 may commence (including permitted preliminary works comprising intrusive archaeological surveys only) until a written scheme of investigation has, for that numbered work, been submitted to and, after consultation with North Yorkshire County Council in its capacity as the relevant archaeological body, approved by the relevant planning authority.
(2) The scheme submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with chapter 8 (cultural heritage) of the environmental statement.
(3) The scheme must—
(a)identify any areas where further archaeological investigations are required and the nature and extent of the investigation required in order to preserve by knowledge or in-situ any archaeological features that are identified; and
(b)provide details of the measures to be taken to protect, record or preserve any significant archaeological features that may be found.
(4) Without limiting sub-paragraph (3), the scheme for numbered work 6 must provide details of a strip, map and record excavation for that numbered work.
(5) Without limiting sub-paragraph (3), the schemes for numbered works 5, 7, 9B and 14 must provide details of archaeological monitoring to be undertaken during construction of those numbered works.
(6) Any scheme approved pursuant to sub-paragraph (1) must be implemented as approved.
(7) Any archaeological investigations implemented and measures taken to protect record or preserve any identified significant archaeological features that may be found must be carried out—
(a)in accordance with the approved scheme; and
(b)by a suitably qualified person or organisation approved by the relevant planning authority in consultation with North Yorkshire County Council.
Commencement Information
I16Sch. 2 para. 16 in force at 25.10.2019, see art. 1
17.—(1) No part of the authorised development may commence (including permitted preliminary works comprising site clearance only), until a construction environmental management plan for that part has been submitted to and approved by the relevant planning authority.
(2) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the outline construction environmental management plan and must detail how the outcomes of the ground investigations carried out pursuant to Requirement 15 have been taken into account in the preparation of the plan.
(3) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan.
Commencement Information
I17Sch. 2 para. 17 in force at 25.10.2019, see art. 1
18.—(1) No part of the authorised development may commence, except for numbered works 11, 13 and 14, until a construction traffic management plan has, for that part, been submitted to and, after consultation with Highways England and the highway authority, approved by the relevant planning authority.
(2) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the relevant part of the outline construction traffic management plan.
(3) Notices must be erected and maintained by the undertaker throughout the period of construction at every entrance to and exit from the construction site, indicating to drivers the approved routes for traffic entering and leaving the construction site.
(4) The plan must be implemented as approved.
Commencement Information
I18Sch. 2 para. 18 in force at 25.10.2019, see art. 1
19.—(1) No part of the authorised development may commence, except for numbered works 11, 13 and 14, until a construction worker travel plan has, for that part, been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.
(2) The plan submitted and approved pursuant to sub-paragraph (1) must be substantially in accordance with the relevant part of the outline construction worker travel plan.
(3) The plan must be implemented as approved.
Commencement Information
I19Sch. 2 para. 19 in force at 25.10.2019, see art. 1
20.—(1) Construction work relating to the authorised development must not take place on Sundays, bank holidays nor otherwise outside the hours of—
(a)0700 to 1900 hours on Monday to Friday; and
(b)0700 to 1300 hours on a Saturday.
(2) Delivery or removal of materials, plant and machinery must not take place on Sundays, bank holidays nor otherwise outside the hours of—
(a)0800 to 1800 hours on Monday to Friday; and
(b)0800 to 1300 hours on a Saturday.
(3) The restrictions in sub-paragraphs (1) and (2) do not apply to construction work or the delivery or removal of materials, plant and machinery, where these—
(a)are carried out within existing buildings or buildings constructed as part of the authorised development;
(b)are carried out with the prior approval of the relevant planning authority; or
(c)are associated with an emergency.
(4) The restrictions in sub-paragraph (2) do not apply to the delivery of abnormal indivisible loads, where this is—
(a)associated with an emergency; or
(b)carried out with the prior approval of the relevant planning authority.
(5) Sub-paragraph (1) does not preclude—
(a)for numbered work 9 and at the corresponding numbered area shown on the works plans a start up period from 0600 to 0700 and a shut down period from 1900 to 2000 Monday to Friday and a start up period from 0600 to 0700 and a shut down period from 1300 to 1400 on a Saturday; or
(b)maintenance at any time of plant and machinery engaged in the construction of the authorised development.
(6) 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.
Commencement Information
I20Sch. 2 para. 20 in force at 25.10.2019, see art. 1
21.—(1) The noise emitted from the top of the stacks at source in numbered works 1A and 2A must not exceed a sound power level of 98 dB(A).
(2) Prior to the date of Work No. 1A full commissioning a written scheme for the monitoring of noise emitted from the top of the stacks at source during operation of numbered work 1A must be submitted to and approved by the relevant planning authority.
(3) Prior to the date of Work No. 2A full commissioning a written scheme for the monitoring of noise emitted from the top of the stacks at source during operation of numbered work 2A must be submitted to and approved by the relevant planning authority.
(4) The schemes submitted under sub-paragraphs (2) and (3) must be implemented as approved.
Commencement Information
I21Sch. 2 para. 21 in force at 25.10.2019, see art. 1
22. Following commencement of the authorised development and until such time as the authorised development is decommissioned, the undertaker must not, without the consent of the Secretary of State—
(a)dispose of any interest in the carbon capture readiness reserve space; or
(b)do anything, or allow anything to be done or to occur which may reasonably be expected to diminish the undertaker's ability, within two years of such action or occurrence, to prepare the carbon capture readiness reserve space for the installation and operation of carbon capture equipment, should it be deemed necessary to do so.
Commencement Information
I22Sch. 2 para. 22 in force at 25.10.2019, see art. 1
23.—(1) The undertaker must make a report (“carbon capture readiness monitoring report”) to the Secretary of State—
(a)on or before the date which is three months after the date of Work No. 1A full commissioning; and
(b)within one month of the second anniversary, and each subsequent even-numbered anniversary, of that date.
(2) Each carbon capture readiness monitoring report must provide evidence that the undertaker has complied with Requirement 22—
(a)in the case of the first carbon capture readiness monitoring report, since commencement of the authorised development; and
(b)in the case of any subsequent report, since the making of the previous carbon capture readiness monitoring report,
and explain how the undertaker expects to continue to comply with Requirement 22 over the next two years.
(3) Each carbon capture readiness monitoring report must state whether the undertaker considers the retrofit of carbon capture technology is feasible explaining the reasons for any such conclusion and whether any impediments could be overcome.
(4) Each carbon capture readiness monitoring report must state, with reasons, whether the undertaker has decided to seek any additional regulatory clearances, or to modify any existing regulatory clearances, in respect of any carbon capture readiness proposals.
Commencement Information
I23Sch. 2 para. 23 in force at 25.10.2019, see art. 1
24. No part of the authorised development may commence until the undertaker has submitted confirmation to the relevant planning authority that it has provided details of the information that is required by the Defence Geographic Centre of the Ministry of Defence to chart the site for aviation purposes.
Commencement Information
I24Sch. 2 para. 24 in force at 25.10.2019, see art. 1
25.—(1) The authorised development must not commence until the undertaker has established a committee to liaise with local residents and organisations about matters relating to the authorised development (a “local liaison committee”).
(2) The undertaker must invite the relevant planning authority and other relevant interest groups, as may be agreed with the relevant planning authority, to nominate representatives to join the local liaison committee.
(3) The undertaker must provide a full secretariat service and supply an appropriate venue for the local liaison committee meetings to take place.
(4) The local liaison committee must—
(a)include representatives of the undertaker;
(b)meet every other month, starting in the month prior to commencement of stage 1 until the date of Work No. 1A full commissioning, or if stage 2 has commenced prior to the date of Work No. 1A full commissioning, the date of Work No. 2A full commissioning, unless otherwise agreed by the majority of the members of the local liaison committee;
(c)if stage 2 has not commenced prior to the date of Work No. 1A full commissioning, meet every month, starting in the month prior to commencement of stage 2 until the date of Work No. 2A full commissioning, unless otherwise agreed by the majority of the members of the local liaison committee; and
(d)during the operation of the authorised development meet once a year unless otherwise agreed by the majority of the members of the local liaison committee.
Commencement Information
I25Sch. 2 para. 25 in force at 25.10.2019, see art. 1
26.—(1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for its approval a decommissioning environmental management plan for that part.
(2) No decommissioning works must be carried out until the relevant planning authority has approved the plan submitted under sub-paragraph (1) in relation to such works.
(3) The plan submitted and approved must include details of—
(a)the buildings to be demolished;
(b)the means of removal of the materials resulting from the decommissioning works;
(c)the phasing of the demolition and removal works;
(d)any restoration works to restore the land to a condition agreed with the relevant planning authority;
(e)the phasing of any restoration works; and
(f)a timetable for the implementation of the scheme.
(4) The plan must be implemented as approved.
(5) 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
I26Sch. 2 para. 26 in force at 25.10.2019, see art. 1
27.—(1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, the undertaker must submit to the relevant planning authority for its approval, after consultation with Highways England and the highway authority, a decommissioning traffic management plan for that part.
(2) No decommissioning works must be carried out until the relevant planning authority has approved the plan submitted under sub-paragraph (1) in relation to such works.
(3) The plan submitted and approved must include details of—
(a)route diversions; and
(b)routing of abnormal loads and HGVs.
(4) The plan must be implemented as approved.
Commencement Information
I27Sch. 2 para. 27 in force at 25.10.2019, see art. 1
28.—(1) On the date that is 12 months after the date of Work No. 1A full commissioning (or such other date that is agreed with the Environment Agency having regard to any condition relating to combined heat and power imposed on any environmental permit issued by the Environment Agency in relation to the operation of the authorised development), the undertaker must submit to the environment agency for its approval a report (“the CHP review”) updating the CHP statement.
(2) The CHP review submitted and approved must—
(a)consider the opportunities that reasonably exist within 15 kilometres of the authorised development for the export of heat from numbered work 1A and, following the date of Work No. 2A full commissioning, numbered work 2A at the time of submission of the CHP review; and
(b)include a list of actions (if any) that the undertaker is reasonably required to take (without material additional cost to the undertaker) to increase the potential for export of heat from numbered work 1A and, following the date of Work No. 2A full commissioning, numbered work 2A.
(3) The undertaker must take such actions as are included, within the timescales specified, in the approved CHP review.
(4) On each date during the operation of either or both of numbered work 1A and, following the date of Work No. 2A full commissioning, numbered work 2A, that is four years after the date on which the undertaker last submitted the CHP review or a revised CHP review to the relevant planning authority (or such shorter timeframe that is agreed with the Environment Agency having regard to any condition relating to combined heat and power imposed on any environmental permit issued by the environment agency in relation to the operation of the authorised development), the undertaker must submit to the Environment Agency for its approval a revised CHP review.
(5) Sub-paragraphs (2) and (3) apply in relation to a revised CHP review submitted under sub-paragraph (4) in the same way as they apply in relation to the CHP review submitted under sub-paragraph (1).
Commencement Information
I28Sch. 2 para. 28 in force at 25.10.2019, see art. 1