Article 3
1. The authorised development must not commence after the expiry of five years from the date on which this Order comes into force.
Commencement Information
I1Sch. 2 para. 1 in force at 1.5.2020, see art. 1
2.—(1) No part of Work No. 1A(iv), Work No. 1B(iv), Work No. 1C, Work No. 1E, Work No.2, Work No.3, Work No. 4, Work No. 5 and Work No. 6 may commence until details of the layout, scale and external appearance for that Work No. have been submitted to and approved by the relevant planning authority.
(2) No part of Work No. 1A and Work No. 3 may commence until a plan has been submitted to and approved by the relevant planning authority demonstrating that within Work No. 1A and Work No. 3 there is sufficient space to support a heat export system capable of providing at least 30 megawatts heat off–take for district heating.
(3) The details submitted for approval under sub–paragraph (2) must be submitted alongside the details submitted for approval under sub–paragraph (1).
(4) The details submitted for approval under sub-paragraph (1) must be in accordance with the design principles.
(5) The authorised development must be carried out in accordance with the approved details.
Commencement Information
I2Sch. 2 para. 2 in force at 1.5.2020, see art. 1
3.—(1) The elements of the authorised development listed in column (1) of the table below (design parameters) must not exceed the maximum dimensions and levels and, where applicable, the minimum dimensions, set out in relation to that element in columns (3) to (7) of that table.
| (1) Element of authorised development | (2) Work No. | (3) Maximum length (metres) | (4) Maximum width (metres) | (5) Maximum height (metres) AOD | (6) Minimum height (metres) above surrounding ground level | (7) Maximum depth (metres) below AOD |
|---|---|---|---|---|---|---|
| Main Riverside Energy Park Building | 1A (excluding Work No.1A(iv), 1C and 1E | 200 | 102 | 65 | – | – |
| Solid fuel storage bunker | Part of Work No. 1A(i) | – | – | – | – | 8 |
| Anaerobic digestion system | 1B (excluding Work No. 1B(vi) and Work No. 1B(vii) | 87 | 68 | 43 | – | – |
| Other integral process buildings and structures | 1D, 2(b), 3, 4, 5, 6 and 7 | 111 | 116 | 38 | – | – |
| Emissions stacks(s) | 1A(iv) | – | 46 | 113 | 90 | – |
| Emission stack | 1B(vi) | 11 | 8 | |||
| Gas Flare | 1B(vii) | 17 | 4 |
(2) The above surrounding ground level in respect of Work No. 1 must comply with the following parameters: a minimum level of one metre AOD and maximum level of three metres AOD.
Commencement Information
I3Sch. 2 para. 3 in force at 1.5.2020, see art. 1
4.—(1) No part of the pre–commencement works may be carried out until a pre–commencement biodiversity mitigation strategy has been submitted to and approved by the relevant planning authority.
(2) The pre–commencement biodiversity mitigation strategy submitted pursuant to sub–paragraph (1) must contain details of mitigation measures required to protect protected habitats and species, non–statutory designated sites and other habitats and species of principal importance during the pre–commencement works.
(3) The pre–commencement biodiversity mitigation strategy must be implemented as approved under sub–paragraph (1).
Commencement Information
I4Sch. 2 para. 4 in force at 1.5.2020, see art. 1
5.—(1) No part of the authorised development may commence until a biodiversity and landscape mitigation strategy for that part has been submitted to and approved by the relevant planning authority. The biodiversity and landscape mitigation strategy must be substantially in accordance with the outline biodiversity and landscape mitigation strategy and include details of—
(a)mitigation measures required to protect protected habitats and species, non–statutory designated sites and other habitats and species of principal importance during the construction of the authorised development;
(b)mitigation measures required to protect protected habitats and species, non–statutory designated sites and other habitats and species of principal importance during the operation of the authorised development;
(c)the results of the Defra biodiversity off-setting metric together with the off-setting value required, the nature of such off-setting and evidence that the off–setting value provides for the required biodiversity compensation, risk factors (including temporal lag), long term management and monitoring (25 years) and a minimum of 10% net gain;
(d)the site or sites on which the compensation off–setting required pursuant to (c) will be provided together with evidence demonstrating that the site or sites has/have been chosen in accordance with the prioritisation set out in the outline biodiversity and landscape mitigation strategy;
(e)certified copies of the completed legal agreements with the Environment Bank securing the site or sites identified in (d) and which demonstrate that the off–setting value will be paid to the Environment Bank within 10 days of approval of the biodiversity and landscape mitigation strategy to enable enactment of the biodiversity off-setting scheme and the biodiversity off–setting management and monitoring plan as approved in the biodiversity and landscape mitigation strategy;
(f)any hard and soft landscaping to be incorporated within Work Nos. 1, 2, 3, 4, 5 and 6 including location, number, species, size of any planting and the management and maintenance regime for such landscaping.
(2) The biodiversity and landscape mitigation strategy must be implemented as approved under sub-paragraph (1).
Commencement Information
I5Sch. 2 para. 5 in force at 1.5.2020, see art. 1
6.—(1) No part of Work No. 9 may commence until details—
(a)of any trees, shrubs and hedgerows to be removed during the construction of Work No. 9; and
(b)of planting to replace any such identified trees, shrubs and hedgerows,
have been submitted to and approved by the relevant planning authority.
(2) The replacement planting must be carried out in accordance with the approved details and maintained for a period of 12 months.
(3) Any tree, shrub or hedgerow planted as part of the approved details that, within the 12 month maintenance period, 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 season with a specimen of the same species and size as that originally planted.
Commencement Information
I6Sch. 2 para. 6 in force at 1.5.2020, see art. 1
7.—(1) No part of Work Nos. 1, 2, 3, 4, 5 and 9 may commence until a written scheme of archaeological investigation for that part has been submitted to and approved by the relevant planning authority.
(2) 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;
(b)provide details of the measures to be taken to protect, record or preserve any significant archaeological features that may be found; and
(c)identify any drilling or boring locations where a phased programme of geoarchaeological works and a phased programme of archaeological works are required.
(3) 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.
Commencement Information
I7Sch. 2 para. 7 in force at 1.5.2020, see art. 1
8.—(1) No part of Work Nos. 6, 8, 9 and 10 may commence until written details of the siting, design and layout of any new permanent or temporary means of access to a highway in that part, or any alteration to an existing means of access to a highway in that part has been submitted to and approved by the relevant planning authority (in consultation with the relevant highway authority).
(2) The highway accesses must be constructed or altered as approved under sub-paragraph (1).
(3) The undertaker must not exercise the power in article 14(1) (permanent stopping up of streets) unless and until a plan showing the layout for the termination of the street (as specified in columns (1) and (2) of Schedule 6) has been submitted to and approved by the relevant planning authority, such plan to show the replacement turning head to facilitate a forward side–turn manoeuvre in forward and reverse gears by vehicles.
Commencement Information
I8Sch. 2 para. 8 in force at 1.5.2020, see art. 1
9.—(1) No part of Work Nos. 1, 2, 3, 4, 5, and 6 may commence until written details of the surface and foul water drainage strategy for that part have been submitted to and approved by the relevant planning authority. The written details submitted for approval must be substantially in accordance with the outline drainage strategy.
(2) The surface and foul water drainage system must be constructed as approved under sub-paragraph (1).
Commencement Information
I9Sch. 2 para. 9 in force at 1.5.2020, see art. 1
10.—(1) No part of Work Nos. 1, 2, 3, 4, 5, 6, 7 and 8 may commence until an investigation and assessment report to identify ground conditions and ground stability has been submitted to and approved by the relevant planning authority.
(2) The report submitted pursuant to sub-paragraph (1) must identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose, together with a management plan which sets out long-term measures with respect to any contaminants remaining on the site.
(3) In the event that the report submitted pursuant to sub–paragraph (1) identifies necessary remedial measures, no part of Work Nos. 1, 2, 3, 4, 5, 6, 7 and 8 may commence until a remediation verification plan for that part has been submitted to and approved by the relevant planning authority.
(4) The authorised development must be carried out in accordance with the approved report referred to at sub-paragraph (1) and, where necessary, the approved plan referred to at sub-paragraph (3).
Commencement Information
I10Sch. 2 para. 10 in force at 1.5.2020, see art. 1
11.—(1) No part of the pre–commencement works may be carried out and no part of the authorised development may commence until a code of construction practice for that part has been submitted to and approved by the relevant planning authority. The code of construction practice submitted for approval must be substantially in accordance with the outline code of construction practice to the extent that it is applicable to that part and must include the following—
(a)the construction and phasing programme;
(b)liaison procedures;
(c)complaints procedures;
(d)nuisance management plan including measures to avoid or minimise the impacts of construction works (covering dust, wheel washing, damping of stockpiles, sheeting materials, lighting, noise and vibration);
(e)reference to undertaking construction activities in accordance with the recommendations of BS 5228 ‘Noise and Vibration Control on Construction Open Sites’ Part 1 Noise and Part 2 Vibration;
(f)measures to ensure construction, demolition and excavation waste management effectively meets 95% reuse or recycling rates as a minimum;
(g)statement demonstrating how the development will deliver circular economy outcomes and aim to be net–zero waste. This includes measures for the maintenance of construction equipment and other measures in the development design and construction that improves resource efficiency and innovation to keep products and materials at their highest use for as long as possible;
(h)measures to ensure the temporary storage of soils and other material of value will be in accordance with best practice;
(i)installation of hoardings and/or fencing measures;
(j)measures to ensure the safe storage of polluting materials;
(k)protocol for flood warning and a flood incident management plan;
(l)methods to prevent water pollution and adverse impacts upon surface water drainage;
(m)measures to ensure the restoration of site following completion of construction;
(n)measures to deal with contamination which is likely to cause significant harm to persons or significant pollution of controlled waters or the environment; and
(o)appropriate procedures to address any unexploded ordnance that may be encountered.
(2) All construction works must be undertaken in accordance with the approved code of construction practice.
Commencement Information
I11Sch. 2 para. 11 in force at 1.5.2020, see art. 1
12.—(1) Construction works relating to Work Nos. 1, 2, 3, 4, 5 and 6 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) The restrictions in sub-paragraph (1) do not apply to construction works 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;
(c)are associated with an emergency; or
(d)are associated with slip form working.
(3) 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 individual classes or generally as the case may be) of taking that action.
Commencement Information
I12Sch. 2 para. 12 in force at 1.5.2020, see art. 1
13.—(1) No part of the pre–commencement works may be carried out and no part of the authorised development may commence until a construction traffic management plan for that part has been submitted to and approved by the relevant planning authority (in consultation with the relevant highway authority and Transport for London). A construction traffic management plan(s) must be substantially in accordance with the outline construction traffic management plan and must include the following (as applicable for the part of the authorised development to which the construction traffic management plan relates)—
(a)construction vehicle routing plans in respect of both workers and deliveries;
(b)proposals for the scheduling and timing of movements of delivery vehicles including details of abnormal indivisible loads;
(c)site access plans;
(d)where practicable, proposals for temporary diversions of any public rights of way;
(e)measures to ensure the protection of users of any footpath within the Order limits which may be affected by the construction of the authorised development;
(f)proposals for the management of junctions to and crossings of highways and other public rights of way;
(g)a construction logistics plan;
(h)a procedure for reviewing and updating the construction traffic management plan(s);
(i)a construction worker travel plan, including details of the temporal distribution of workers at Work Nos. 5(q), 8 and 9(d), the likely number of worker vehicle movements and the management of workforce parking; and
(j)appropriate procedures to provide for a vehicle booking management system.
(2) The construction traffic management plan submitted pursuant to sub–paragraph (1) must be accompanied by a statement and associated junction appraisals (as defined in the outline construction traffic management plan) demonstrating how the likely construction traffic impacts identified in the environmental statement are addressed through the measures contained in the construction traffic management plan(s).
(3) The construction traffic management plan(s) submitted pursuant to sub–paragraph (1) that relate to Work Nos. 1, 2, 3, 4, 5, 6, 7, 8 and 9 must be accompanied by a highways base condition survey (as defined in the outline construction traffic management plan).
(4) The construction traffic management plan(s) and any updated construction traffic management plan(s) submitted following any review must be implemented as approved by the relevant planning authority.
Commencement Information
I13Sch. 2 para. 13 in force at 1.5.2020, see art. 1
14.—(1) Subject to sub-paragraph (4) the number of two-way vehicle movements made by heavy commercial vehicles delivering waste to Work Nos. 1A and 1B during commissioning and the operational period must not exceed a maximum of 75 two–way vehicle movements per day (75 vehicles in and 75 vehicles out).
(2) Save in the event of a jetty outage, the volume of waste delivered by road to Work No. 1A during commissioning and the operational period must not exceed 130,000 tonnes per calendar year.
(3) The volume of waste delivered by road to Work No. 1B during commissioning and the operational period must not exceed 40,000 tonnes per calendar year.
(4) In the event of a jetty outage, the number of two–way vehicle movements made by heavy commercial vehicles delivering waste to Works Nos. 1A and 1B during commissioning and the operational period must not exceed a maximum of 300 two–way vehicle movements per day (300 vehicles in and 300 vehicles out) and must not exceed—
(a)between the hours of 0730–0900, a maximum of 30 two–way Heavy Commercial Vehicle movements (30 vehicles in and 30 vehicles out); and
(b)between the hours of 1630–1800, a maximum of 30 two–way Heavy Commercial Vehicle movements (30 vehicles in and 30 vehicles out).
(5) Save in the event of a jetty outage, 100% of incinerator bottom ash produced by the operation of Work No. 1A must be transported from it by river to a riparian facility.
(6) On a quarterly basis during commissioning and the operational period, and following any reasonable request by the relevant planning authority, the undertaker must provide the relevant planning authority with a record of the following for the preceding period—
(a)confirmation whether or not a jetty outage occurred; and
(b)the number of two–way vehicle movements made by heavy commercial vehicles delivering waste as well as the tonnages of waste delivered both to Work No. 1A and Work No. 1B in that period, such number to be split out clearly so that the number of movements and waste tonnages to the authorised development during any jetty outage can be ascertained.
(7) In this article—
“heavy commercial vehicle” has the meaning given by section 138 (meaning of “heavy commercial vehicle”) of the Road Traffic Regulation Act 1984 M1;
“jetty outage” means circumstances caused by factors beyond the undertaker's control in which waste has not or could not be received at the jetty or ash containers have not been or could not be despatched from the jetty for a period in excess of four consecutive days; and
“two–way vehicle movements” means a movement to and a movement from the authorised development.
15.—(1) In the event that gas is utilised in the CHP engine, during the operational period of Work No. 1B, the average emission limit value for oxides of nitrogen (nitric oxide and nitrogen dioxide expressed as nitrogen dioxide) of the combustion emissions discharged through Work No. 1B must not exceed 125mg/Nm3 (expressed at 5% oxygen, dry flue gas, 273.15K).
(2) In the event that gas is utilised in the CHP engine, during the operational period of Work No. 1B, the annual mass emissions for oxides of nitrogen (nitric oxide and nitrogen dioxide expressed as nitrogen dioxide) of the combustion emissions discharged through Work No. 1B must not exceed three tonnes per calendar year.
Commencement Information
I15Sch. 2 para. 15 in force at 1.5.2020, see art. 1
16.—(1) Prior to commissioning, the undertaker must submit to the relevant planning authority for approval a scheme, which sets out arrangements for maintenance of the waste hierarchy in priority order and which aims to minimise recyclable and reusable waste received at the authorised development during the commissioning and operational period of the authorised development (the “waste hierarchy scheme”).
(2) The waste hierarchy scheme must include details of—
(a)the type of information that must be collected and retained on the sources of the residual waste after recyclable and reusable waste has been removed;
(b)the arrangements that must be put in place for ensuring that as much reusable and recyclable waste as is reasonably possible is removed from waste to be received at the authorised development, including contractual measures to encourage as much reusable and recyclable waste being removed as far as possible;
(c)the arrangements that must be put in place for ensuring that commercial suppliers of residual waste operate a written environmental management system which includes establishing a baseline for recyclable and reusable waste removed from residual waste and specific targets for improving the percentage of such removed reusable and recyclable waste;
(d)the arrangements that must be put in place for suspending and/or discontinuing supply arrangements from commercial suppliers who fail to retain or comply with any environmental management systems;
(e)the arrangements that must be put in place for the provision of an annual waste composition analysis undertaken by the undertaker, with the findings submitted to the relevant planning authority within one month of the sampling being undertaken; and
(f)the form of records that must be kept for the purpose of demonstrating compliance with (a) to (e) and the arrangements in place for allowing inspection of such records by the relevant planning authority.
(3) The waste hierarchy scheme must be implemented as approved under sub-paragraph (1).
Commencement Information
I16Sch. 2 para. 16 in force at 1.5.2020, see art. 1
17.—(1) Prior to commissioning of any part of Work Nos. 1, 2, 3, 4 and 5, an operational worker travel plan for those working at the authorised development must be submitted to and approved by the relevant planning authority (in consultation with the relevant highway authority and, for streets within the London Borough of Bexley, Transport for London). The operational worker travel plan must be in substantial accordance with the outline operational worker travel plan and set out measures to encourage staff working at Work Nos. 1, 2, 3, 4 and 5 to use sustainable modes of transport.
(2) The operational worker travel plan must be implemented as approved under sub-paragraph (1).
Commencement Information
I17Sch. 2 para. 17 in force at 1.5.2020, see art. 1
18.—(1) No part of Work Nos. 1, 2, 3, 4, 5 and 6 may commence until a written scheme for the management and mitigation of operational external artificial light emissions for that part has been submitted to and approved by the relevant planning authority. The written scheme must be substantially in accordance with the outline lighting strategy.
(2) The scheme for the management and mitigation of operational external artificial light emissions must be implemented as approved under sub-paragraph (1).
Commencement Information
I18Sch. 2 para. 18 in force at 1.5.2020, see art. 1
19.—(1) Prior to commissioning of any part of Work No. 1, a written noise monitoring scheme must be submitted to and approved by the relevant planning authority, such scheme must specify—
(a)each location from which noise is to be measured;
(b)the method of noise measurement, which must be in accordance with British Standard 4142:2014;
(c)the maximum permitted levels of noise at each monitoring location must not exceed 5dB below the background LA90;
(d)provision requiring the undertaker to take noise measurements as soon as possible following a reasonable request by the relevant planning authority and to submit the measurements to the relevant planning authority as soon as they are available; and
(e)a definition of the circumstances that constitute an emergency for the purposes of sub-paragraphs (2)(a), (3) and (5).
(2) The level of noise at each monitoring location must not exceed the maximum permitted level specified for that location in the scheme, except—
(a)in the case of an emergency (as defined in the noise monitoring scheme);
(b)with the prior approval of the relevant planning authority; or
(c)as a result of steam purging or the operation of emergency pressure relief valves or similar equipment of which the undertaker has given notice in accordance with sub–paragraph (3).
(3) Except in the case of an emergency, the undertaker must give the relevant planning authority 48 hours' notice of any proposed steam purging or operation of emergency pressure relief valves or similar equipment.
(4) So far as reasonably practicable, steam purging and the operation of emergency pressure relief valves or similar equipment may only take place:
(a)between 0900 and 1700 hours on weekdays (excluding bank holidays); and
(b)between 0900 and 1300 hours on Saturdays (excluding bank holidays).
(5) Where the level of noise at a monitoring location exceeds the maximum permitted level specified for that location in the approved scheme because of an emergency—
(a)the undertaker must, as soon as possible and in any event within two business days of the beginning of the emergency, submit to the relevant planning authority a statement detailing—
(i)the nature of the emergency;
(ii)why it is necessary for the level of noise to have exceeded the maximum permitted level;
(b)if the undertaker expects the emergency to last for more than 24 hours, it must inform local residents and businesses affected by the level of noise at that location of—
(i)the reasons for the emergency; and
(ii)how long it expects the emergency to last.
Commencement Information
I19Sch. 2 para. 19 in force at 1.5.2020, see art. 1
20.—(1) No part of Work No. 1 may commence until a river wall condition survey on those parts of the river wall within the order limits has been submitted to and approved by the Environment Agency (in consultation with the relevant planning authority).
(2) The river wall condition survey submitted pursuant to sub-paragraph (1) must, where appropriate, identify any remedial works required to bring the tidal flood defence up to a good standard considering a design life of 100 years.
(3) The remedial works required to bring the defence up to a good standard identified pursuant to sub–paragraph (2) must be carried out within two years of the date that the condition survey is approved under sub–paragraph (1).
Commencement Information
I20Sch. 2 para. 20 in force at 1.5.2020, see art. 1
21.—(1) No part of the authorised development may commence until an employment and skills plan has been submitted to and approved by the relevant planning authority.
(2) The employment and skills plan must be implemented as approved by the relevant planning authority.
Commencement Information
I21Sch. 2 para. 21 in force at 1.5.2020, see art. 1
22.—(1) Where practicable, notice of the intended start of commissioning of Work No. 1A 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) Where practicable, notice of the intended start of commissioning of Work No. 1B 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.
(3) Within seven days of completing final commissioning of each of Work Nos. 1A and 1B, the undertaker must provide the relevant planning authority with notice of the date upon which such commissioning was duly completed.
Commencement Information
I22Sch. 2 para. 22 in force at 1.5.2020, see art. 1
23.—(1) Subject to sub–paragraph (2), no part of the authorised development may commence until a phasing programme setting out the commencement of construction and the anticipated start of commissioning and the anticipated date of final commissioning for each of Work Nos. 1A, 1B, 1C, 1D and (if applicable) 2(b) has been submitted to and approved by the relevant planning authority. The phasing programme must provide for the anticipated date of final commissioning of Work No. 1C and Work No. 1D as soon as reasonably practicable. The phasing programme must be implemented as approved by the relevant planning authority.
(2) Work No. 1B must commence construction in the same phase as Work No. 1A.
(3) The steam turbine incorporating at least 30 megawatts heat off–take for district heating must be completed at the anticipated date of final commissioning of Work No. 1A if constructed and installed as part of Work No.1 or if applicable, Work No. 2(b).
Commencement Information
I23Sch. 2 para. 23 in force at 1.5.2020, see art. 1
24.—(1) Work No. 1A (and, if applicable, Work No. 2(b)) and Work No. 3 must be constructed to produce combined heat and power through the provision of steam pass–outs and the preservation of space for the future provision of water pressurisation, heating and pumping systems. Prior to the date of final commissioning of Work No. 1A the undertaker must submit to the relevant planning authority for its approval a report (“the CHP review”) updating the CHP statement.
(2) Prior to establishing the working group pursuant to sub–paragraph (3), the undertaker must submit to the relevant planning authority for approval the terms of reference for the working group together with a list of the organisations, to be invited (such list to include the Greater London Authority) to attend the working group, such terms of reference to include—
(a)agree the scope of each CHP review;
(b)agree a list of CHP consultants put forward by the undertaker;
(c)engage with the Department for Business, Energy & Industrial Strategy (or such successor government department with responsibility for energy) and the Heat Network Investment Programme (or any such equivalent government funding programme) to identify funding for any financial shortfall identified by any CHP review;
(d)progress the actions in each approved CHP review and to monitor and report on the progress of those actions to the relevant planning authority;
(e)identify the likely connection point at the site boundary for any district heating;
(f)identify working practices of the working group; and
(g)confirmation that any approvals and agreements of the working group must not be unreasonably withheld or delayed.
(3) Work No. 1A must not start commissioning until the undertaker has established a working group pursuant to the approved terms of reference under sub–paragraph (2), that may combine with the working group established in respect of combined heat and power opportunities from RRRF.
(4) The CHP review under sub–paragraph (1) must be undertaken by a competent CHP consultant appointed by the undertaker from the approved list agreed by the working group in sub–paragraph (2)(b) and must be in accordance with the scope agreed by the working group established under sub–paragraph (3) and must—
(a)assess potential commercial opportunities that reasonably exist within a 10 kilometre radius for the export of heat from Work No. 1 as at the time of submission of the CHP review;
(b)assess how the opportunities in (a) meet the Combined Heat and Power Quality Assurance requirements;
(c)state whether or not there is sufficient certainty about the likely district heat network to enable the undertaker to install the necessary combined heat and power pipework (Work No. 6(a)) to the boundary of Work No. 6 as shown on the works plans and, if so, the undertaker must install such pipework to the boundary of Work No. 6 in the timeframe agreed in the CHP review or any revised CHP review; and
(d)include a list of actions (if any and in addition to (b)) that the undertaker is required to take to increase the potential for the export of heat from Work No. 1 and which are technically and commercially viable.
(5) The undertaker must take such actions (which are technically and commercially viable) as are included within the timescales specified in the approved CHP review and where the working group identifies the likely connection point at the site boundary for any district heating to safeguard a pipework route from Work No. 3 to that point.
(6) Subject to sub–paragraph (8), on each date during the operational period of Work No. 1A that is three years after the date on which it last submitted the CHP review or a revised CHP review to the relevant planning authority, the undertaker must submit to the relevant planning authority for its approval a revised CHP review.
(7) Sub-paragraphs (4) and (5) apply in relation to a revised CHP review submitted under sub-paragraph (6) in the same way as they apply in relation to the CHP review submitted under sub-paragraph (1).
(8) In the event that the export of heat from the authorised development is provided pursuant to any CHP review, the undertaker is only required to carry out and submit any further CHP reviews every five years.
Commencement Information
I24Sch. 2 para. 24 in force at 1.5.2020, see art. 1
25.—(1) Prior to the date of final commissioning, the undertaker must submit to the relevant planning authority for its approval a report (“the Anaerobic Digestion review”) on the potential use of the compost material and gas produced from Work No. 1B.
(2) The Anaerobic Digestion review must—
(a)consider the opportunities that reasonably exist for the export of the compost material produced from Work No. 1B for use as a fertiliser;
(b)consider the opportunities that reasonably exist for the export of the gas produced from Work No. 1B to the gas grid network; and
(c)identify any technically and commercially viable actions that the undertaker can reasonably carry out in order to progress the identified opportunities together with the timescales of such actions, including measures to ensure that the quality of the compost material and gas is optimised to the prevailing technical standards to allow beneficial use.
(3) The undertaker must carry out any identified technically and commercially viable actions within the timescales specified in the approved Anaerobic Digestion review.
(4) Subject to sub–paragraphs (6) and (7), on each date during the operational period of Work No. 1B that is two years after the date on which it last submitted the Anaerobic Digestion review or a revised Anaerobic Digestion review to the relevant planning authority, the undertaker must submit to the relevant planning authority for its approval a revised Anaerobic Digestion review.
(5) Subject to sub-paragraphs (6) and (7), sub–paragraphs (2) and (3) apply in relation to a revised Anaerobic Digestion review submitted under sub-paragraph (4) in the same way as they apply in relation to the Anaerobic Digestion review submitted under sub-paragraph (1).
(6) The undertaker is only required to consider the technically and commercially viable opportunities that reasonably exist for the export of the gas produced from Work No. 1B to the gas grid network in the first Anaerobic Digestion review submitted on the date that is 12 months after the date of final commissioning of Work No. 1B.
(7) In the event that the export of compost material produced from Work No. 1B is provided pursuant to any Anaerobic Digestion review or any revised Anaerobic Digestion review, the undertaker is only required to carry out and submit any further Anaerobic Digestion reviews every three years.
(8) Compost material produced from Work No. 1B must be used for compost where it meets the necessary quality standards and where a technically and commercially viable market exists.
(9) Gas produced from Work No. 1B must be used for electricity generation, heating or as a vehicle fuel (save in the case of emergency) where it meets the necessary quality standards and where a technically and commercially viable market exists.
Commencement Information
I25Sch. 2 para. 25 in force at 1.5.2020, see art. 1
26.—(1) Within 24 months of the permanent cessation of the operation of Work No. 1, details of a scheme for the restoration and aftercare of the land for Work Nos. 1. 2, 3, 4 and 5 must be submitted to and approved by the relevant planning authority. The scheme must include details of structures and buildings to be demolished or retained, details of the means of removal of materials following demolition, phasing of demolition and removal, details of restoration works and phasing thereof.
(2) The scheme as approved under sub-paragraph (1) must be implemented in accordance with the phasing set out therein.
Commencement Information
I26Sch. 2 para. 26 in force at 1.5.2020, see art. 1
27.—(1) With respect to the documents certified under article 40 (certification of plans etc) the parameters specified in the table in requirement 3 and any other plans, details or schemes which require approval by the relevant planning authority pursuant to any requirement (together “Approved Documents, Plans, Parameters, Details or Schemes”), the undertaker may submit to the relevant planning authority for approval any amendments to the Approved Documents, Plans, Parameters, Details or Schemes and following any such approval by the relevant planning authority the Approved Documents, Plans, Parameters, 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 Approved Documents, Plans, Parameters, 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
I27Sch. 2 para. 27 in force at 1.5.2020, see art. 1
28. No building will be erected within the area defined by the red dotted line annotated as ‘16m FRAP Line’ on the FRAPA drawings and no material will be stored, within the area defined by the red dotted line annotated as ‘16m FRAP Line’ on the FRAPA drawings, which could create a risk of damage to the integrity of the flood defence structure within this area.
Commencement Information
I28Sch. 2 para. 28 in force at 1.5.2020, see art. 1
29. The finished floor levels of Work Nos 1, 2, 3, 4, 5 and 6 must be set at a minimum of 2.97 metres AOD.
Commencement Information
I29Sch. 2 para. 29 in force at 1.5.2020, see art. 1
30. No building will be erected on any part of the land hatched orange on the MOL plan.
Commencement Information
I30Sch. 2 para. 30 in force at 1.5.2020, see art. 1
31.—(1) No part of the authorised development may be commissioned until a delivery and servicing plan (relating to all deliveries to the authorised development other than for deliveries within requirement 14 (Heavy commercial vehicle movements delivering waste)) has been submitted to and approved by the relevant planning authority. The delivery and servicing plan must include the following—
(a)measures to ensure efficiency of the site and reduction in vehicle numbers as far as possible; and
(b)an assessment of how the authorised development accords with the best practice guidance published by Transport for London.
(2) The delivery and servicing plan must be implemented as approved under sub-paragraph (1).
Commencement Information
I31Sch. 2 para. 31 in force at 1.5.2020, see art. 1
32.—(1) The total amount of waste to be received at Work No. 1A must not exceed 805,920 tonnes per calendar year.
(2) The total amount of waste to be received at Work No. 1B must not exceed 40,000 tonnes per calendar year.
Commencement Information
I32Sch. 2 para. 32 in force at 1.5.2020, see art. 1
33. Prior to the pre–commencement works, Cory Environmental Holdings Limited or a person to whom the benefit of this Order has been transferred under article 9 (consent to transfer benefit of the Order) (as applicable) must notify the relevant planning authority that they are the undertaker for the purposes of this Order and, as the undertaker, has the benefit of [F1the provisions of this Order] pursuant to article 8 as well as the liabilities and obligations under this Order.
Textual Amendments
F1Words in Sch. 2 para. 33 substituted (10.3.2021) by The Riverside Energy Park (Correction) Order 2021 (S.I. 2021/273), art. 1(2), Sch.
Commencement Information
I33Sch. 2 para. 33 in force at 1.5.2020, see art. 1