The South Hook Combined Heat and Power Plant Order 2014

Article 3

SCHEDULE 1 AUTHORISED DEVELOPMENT

A nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act comprising the following components contained in the Work Nos. identified in the works plan (part A) and the key buildings and structures as identified in the works plan (part B) and referred to in the design principles statement (and identified as such below in relation to Work No. 1A)—

• PERMANENT WORKS IN AREA OF PEMBROKESHIRE COAST NATIONAL PARK AUTHORITY

  • Work No. 1A. An electricity generating station with a nominal electrical output capacity of up to 500MWe including:

    (a)

    Gas/steam turbine generator building (building/structure 1) containing gas turbine generator set and steam turbine generator set;

    (b)

    Administration office and control room (building/structure 2);

    (c)

    Workshop and maintenance/warehouse building (building/structure 3);

    (d)

    Electrical sub-station (HV switchgear indoor gas insulated building and compound) (building/structure 4) and electricity transformer;

    (e)

    Heat recovery steam generator building (building/structure 5) containing heat recovery steam generator set;

    (f)

    Standby direct air-cooled fin-fan coolers (building/structure 6);

    (g)

    Raw/fire water storage tank (building/structure 7), pump house, pipework and hydrants;

    (h)

    Demineralised water storage tank (building/structure 8), demineralised water treatment plant, and pipework;

    (i)

    Stack (building/structure 9) for discharge of flue gas;

    (j)

    Roof structures (building/structure 10);

    (k)

    Fuel gas lines from (1) existing connection to the Gas National Transmission System and (2) from South Hook LNG Terminal, and gas receiving station;

    (l)

    Electrical supply power lines;

    (m)

    Water treatment equipment;

    (n)

    Electrical export line to electrical sub-station;

    (o)

    Pumps;

    (p)

    Hot and return water lines, and support structure (where lines not buried);

    (q)

    Security fencing, gates and kiosk(s);

    (r)

    Ground grading, levelling and landscaping works;

    (s)

    Process waste water treatment plant and pipes to process waste water discharge point.

  • Work No. 3A. Land reserved for future carbon capture/infrastructure and secure access corridor including:

    (t)

    Ground grading and levelling.

  • Work No. 4. Infrastructure and secure access corridor including:

    (u)

    Gas supply line (including gas pressure reduction) to gas turbine generator set;

    (v)

    Utilities (water, electrical power, etc.);

    (w)

    Security fencing, gates and kiosk(s);

    (x)

    Planting of hedgerows or the provision of other landscape features approved pursuant to requirement 6 (provision, implementation and maintenance of landscaping).

  • Work No. 5. Integration of hot water circulating system into the existing South Hook LNG Terminal submerged combustion vaporisers (SCVs) including—

    (y)

    Modifications to existing SCVs;

    (z)

    Hot water feed line from steam turbine generator set to the SCV manifold, and support structure (where line not buried);

    (aa)

    SCV water feed lines to each modified SCV, and support structure (where lines not buried);

    (bb)

    Cold water return line from SCVs to recirculation sump, and support structure (where line not buried);

    (cc)

    Gas supply line (including gas pressure reduction) to gas turbine generator set, power supply lines, and utilities;

    (dd)

    Control and measurement systems.

  • Work No. 6. Return water infrastructure/process waste water tie-in point including:

    (ee)

    Covered cold water recirculation sump for retention of water return from SCVs;

    (ff)

    Pumps and pump header system;

    (gg)

    Cold water return line from recirculation sump to steam turbine generator set, and support structure (where line not buried);

    (hh)

    Tie-in to existing South Hook LNG Terminal process waste water discharge line;

    (ii)

    Monitoring equipment relating to process waste water.

  • Work No. 7A. Provision of landscaping mitigation including:

    (jj)

    Planting of hedgerows or the provision of other landscape features approved pursuant to requirement 6 (provision, implementation and maintenance of landscaping).

• PERMANENT WORKS IN AREA OF PEMBROKESHIRE COAST NATIONAL PARK AUTHORITY AND PEMBROKESHIRE COUNTY COUNCIL

  • Work No. 2. Surface water attenuation basin and drainage tie-in point including—

    (kk)

    Ground grading and levelling;

    (ll)

    Partitioned attenuation basin for surface water;

    (mm)

    Tie-in to existing South Hook LNG Terminal surface water drainage discharge line;

    (nn)

    Monitoring equipment relating to surface water.

  • Work No. 10A. Open storage of excavated materials.

• TEMPORARY WORKS IN AREA OF PEMBROKESHIRE COAST NATIONAL PARK AUTHORITY

  • Work No. 1B. Demolition and preparatory works including—

    (oo)

    Demolition of existing buildings and structures;

    (pp)

    Isolation of abandoned utilities;

    (qq)

    Security fencing, gates and kiosk(s);

    (rr)

    Temporary welfare facilities and foul drainage storage tank.

  • Work No. 3B. Area of land reserved for future carbon capture including—

    (ss)

    Temporary construction storage;

    (tt)

    Temporary rainwater attenuation basin.

  • Work No. 7B. Temporary contractors’ car park and temporary project office area including—

    (uu)

    Construction of temporary car park;

    (vv)

    Temporary offices, canteen, welfare, and related support facilities;

    (ww)

    Repair and/or replacement of fencing and gates.

  • Work No. 8. Open and covered storage, construction warehouse, workshops and stores including—

    (xx)

    Open storage of construction materials and equipment;

    (yy)

    Warehouses for storage of construction materials and equipment;

    (zz)

    Workshops for repair, maintenance, assembly and testing of equipment.

• TEMPORARY WORKS IN AREA OF PEMBROKESHIRE COAST NATIONAL PARK AUTHORITY AND PEMBROKESHIRE COUNTY COUNCIL

  • Work No. 9. Temporary construction offices including—

    (aaa)

    Temporary offices, canteen, welfare, and related support facilities;

    (bbb)

    Temporary foul drainage storage tank.

  • Work No. 10B. Open storage of excavated materials including—

    (ccc)

    Storage of excavated materials during construction.

• TEMPORARY WORKS IN AREA OF PEMBROKESHIRE COUNTY COUNCIL

  • Work No. 11. Open storage of excavated materials including—

    (ddd)

    Storage of excavated materials during construction.

    In connection with all such works and as part of the authorised development and to the extent that they do not otherwise form part of any such work, further development whether or not shown on the plans referred to in this Order including:

    (>eee)

    habitat creation;

    (fff)

    water supply works, foul drainage provision, process waste water management systems, surface water management systems, and culverting;

    (ggg)

    internal site roads and vehicle parking facilities;

    (hhh)

    bunds, liners, embankments, swales, landscaping and boundary treatments and fencing;

    (iii)

    the demolition of buildings and structures within the Order limits;

    (jjj)

    the provision of footpaths; and

    (kkk)

    lighting columns and lighting.

Article 3

SCHEDULE 2 REQUIREMENTS

1. 1. Interpretation

2. 2. Time limits

3. 3. Commencement of authorised development

4. 4. Commencement and completion of commissioning

5. 5. Detailed design approval

6. 6. Provision, implementation and maintenance of landscaping

7. 7. Fencing and other means of enclosure

8. 8. Drainage and aerial emissions

9. 9. Contaminated land and groundwater

10. 10. Archaeology

11. 11. Ecological management plan

12. 12. Code of Construction Practice

13. 13. Construction Environmental Management Plan

14. 14. Construction Traffic Management Plan

15. 15. Local Liaison Committee

16. 16. External lighting

17. 17. Construction hours

18. 18. Accumulations and deposits

19. 19. Travel plan

20. 20. European protected species

21. 21. Restoration of land used temporarily for construction

22. 22. Safety

23. 23. Carbon capture and storage

24. 24. Decommissioning

25. 25. Requirement for written approval

26. 26. Amendments to approved details

Interpretation

1.  In this Schedule—

“Bat Conservation Trust Guidelines” means the Bats and the Built Environment Series “Bats and Lighting in the UK” dated May 2009;

“commence” means begin to carry out a material operation, and any derivative of “commence” shall be construed accordingly;

“nature conservation area” means the area identified as the nature conservation area in the proposed site layout plan;

“permitted preliminary works” means:

(a)

surveys and geotechnical surveys;

(b)

investigations for the purpose of assessing ground or groundwater conditions;

(c)

archaeological investigations;

(d)

remedial measures approved pursuant to requirement 9 (contaminated land and groundwater);

(e)

erection of signage;

(f)

erection of temporary fencing;

(g)

provision of temporary access and security gates for the development site;

(h)

installation and diversion of utility services;

(i)

site clearance, demolition of existing structures and removal of foundations;

(j)

the laying of foundations,

(k)

provision of wheel cleansing facilities required pursuant to requirement 14 (Construction Traffic Management Plan);

(l)

preparation of laydown areas and provision for temporary facilities (including parking areas and offices) necessary for (a) to (k) above.

Time limits

2.  The authorised development must commence within 5 years of the date of this Order.

Commencement of authorised development

3.  Notice of the intended commencement of the authorised development must be given to the relevant planning authorities where practicable prior to such commencement and in any event within 7 days from the date that the authorised development is commenced.

Commencement and completion of commissioning

4.—(1) Notice of the intended commencement of commissioning must be given to the relevant planning authorities where practicable prior to such commencement and in any event within seven (7) days from the date that commissioning is commenced.

(2) Notice of the intended completion of commissioning must be given to the relevant planning authorities where practicable prior to such completion and in any event within 7 days from the date that commissioning is completed.

Detailed design approval

5.—(1) Except for the permitted preliminary works, no authorised development shall commence until written details of the layout, scale and external appearance of the authorised development have been submitted to, and approved by, the relevant planning authorities.

(2) The details submitted for approval by Pembrokeshire Coast National Park Authority in respect of the key buildings must incorporate the principles and parameters set out in the design principles statement. Such details shall include appropriately scaled plans and sectional drawings indicating existing and proposed finished floor levels, and representations of 3-dimensional images.

(3) The authorised development must be carried out in accordance with the details approved pursuant to paragraphs (1) and (2) above.

(4) Development within the Order limits, other than that authorised by reason of this Order, of buildings, plant or any other structures (or part thereof) must not be undertaken such that it results in the erection of buildings, plant or any other structures (or part thereof) above 5 metres in height (as measured from the highest part of the adjacent ground level), without prior approval of the relevant planning authorities.

Provision, implementation and maintenance of landscaping

6.—(1) Except for the permitted preliminary works, no authorised development shall commence until a written landscaping scheme has, after consultation with Natural Resources Wales, been submitted to and approved by the relevant planning authorities. The landscaping scheme must follow the principles set out in the draft landscaping plan and must reflect details of all proposed hard and soft landscaping works including—

(a) location, number, species, size and planting density of any proposed planting;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(c) proposed finished ground levels;

(d) hard surfacing materials;

(e) vehicular and pedestrian access, parking and circulation areas;

(f) minor structures, such as refuse or other storage units, signs and lighting;

(g) proposed and existing functional services above and below ground, including drainage, power and communications cables and pipelines, manholes and supports;

(h) details of existing trees to be retained, with measures for their protection during the construction period; and

(i) implementation timetables for all landscaping works.

(2) All landscaping works must be carried out in accordance with the landscaping scheme approved under paragraph (1) and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

(3) Any tree or shrub planted as part of an approved landscaping scheme that, within a period of 5 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 season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority.

Fencing and other means of enclosure

7.—(1) All proposed permanent fences, walls or other means of enclosure must be constructed as identified in the written details referred to in requirement 5 (detailed design approval) unless otherwise agreed in writing by the relevant planning authorities prior to the completion of commissioning.

(2) All construction areas must remain securely fenced at all times during construction of the authorised development.

(3) Any fencing or means of enclosure not covered by paragraph (1) must be removed from the site within 6 months of the completion of commissioning.

Drainage and aerial emissions

8.—(1) No authorised development shall commence until written details of the surface water, foul water and process waste water drainage systems (including means of pollution control) have, after consultation with Natural Resources Wales and Dwr Cymru (Welsh Water), been submitted to and approved by the relevant planning authorities.

(2) The written details must reflect the drainage proposals set out in sections 4.3.21 to 4.3.31 of volume 1 of the environmental statement and in particular must stipulate that any process waste water discharges from the authorised development into the Milford Haven Waterway must operate through the existing infrastructure in place for the South Hook LNG Terminal that is co-located at or near the site.

(3) The surface water, foul water and process waste water drainage systems must be constructed and operated in accordance with the approved details.

(4) The contribution of the process waste water discharge along with the aerial emissions from the authorised development, in combination with the process waste water discharges and aerial emissions from the South Hook LNG Terminal—

(a) must not increase overall nitrate loads into the Pembrokeshire Marine SAC from the levels permitted by Environmental Permitting Regulations Permit Number XP3538LD for the South Hook LNG Terminal as varied by Variation Number XP3535ME; and

(b) must ensure no adverse effect on the integrity of the Pembrokeshire Marine SAC as a result of other contaminants emitted or discharged by the authorised development.

Contaminated land and groundwater

9.—(1) No authorised development shall commence until a written scheme to deal with the contamination of any land, including groundwater, within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters or the environment (as determined pursuant to Part 2A of the Environmental Protection Act 1990(1)) has, after consultation with Natural Resources Wales, been submitted to and approved by the relevant planning authorities.

(2) The approved scheme must include an investigation and assessment report, prepared by a specialist consultant approved by the relevant planning authorities, to 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 and its stability.

(3) Remediation must be carried out in accordance with the approved scheme.

Archaeology

10.—(1) No authorised development comprised in Work No. 4 or Work No. 7A shall commence until a written scheme for the investigation of areas of archaeological interest (as, in the case of Work No. 4, further detailed in section 13.7 of volume 1 of the environmental statement) has been submitted to and approved by the relevant planning authority.

(2) The scheme must identify areas where field work and/or a watching brief are required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

(3) Any archaeological works or watching brief carried out under the scheme must be by a suitably qualified person or body approved by the relevant planning authority.

(4) Any archaeological works or watching brief must be carried out in accordance with the approved scheme.

Ecological management plan

11.—(1) No authorised development shall commence until a written ecological management plan reflecting the survey results and, where necessary, ecological mitigation and enhancement measures (as further detailed in sections 9 and 10 of volume 1 of the environmental statement) has, after consultation with Natural Resources Wales, been submitted to and approved by the relevant planning authorities.

(2) The ecological management plan must include an implementation timetable and must be carried out as approved.

Code of Construction Practice

12.—(1) No authorised development shall commence until a Code of Construction Practice (“CCP”) has been submitted to and approved by the relevant planning authorities. The CCP must reflect the proposals set out in the draft CCP.

(2) All construction works must be undertaken in accordance with the approved CCP, or with such changes to that document as agreed by the relevant planning authorities.

Construction Environmental Management Plan

13.—(1) No authorised development shall commence until a Construction Environmental Management Plan (“CEMP”) has, after consultation with Natural Resources Wales, been submitted to and approved by the relevant planning authorities. The CEMP must reflect the proposals set out in the draft CEMP set out at appendix 4.2 of volume 3 of the environmental statement including:

(a) traffic and access;

(b) air quality and dust;

(c) ecology and nature conservation;

(d) water protection and management;

(e) noise management;

(f) waste and materials management; and

(g) a complaints procedure.

(2) All construction works must be undertaken in accordance with the approved CEMP, or with such changes to that document as agreed by the relevant planning authorities.

Construction Traffic Management Plan

14.—(1) No authorised development shall commence until a written Construction Traffic Management Plan (“CTMP”) has been submitted to and approved by the relevant planning authorities. The CTMP must reflect the proposals set out in the draft CTMP set out at appendix E of the transport assessment including:

(a) a travel plan for the construction workforce;

(b) parking of vehicles of site workers and visitors;

(c) loading and unloading of plant and materials;

(d) facilities for wheel cleansing to ensure road cleanliness;

(e) routing to and from the site;

(f) routing within the site;

(g) site signage and notices; and

(h) exceptional loads.

(2) Notices must be erected and maintained throughout the period of construction at every construction site entrance and exit, indicating to drivers the route agreed by the relevant planning authorities for traffic entering and leaving the site.

(3) All construction works must be undertaken in accordance with the approved CTMP, or with such changes to that document as agreed by the relevant planning authorities.

Local Liaison Committee

15.—(1) No authorised development shall 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”) which may, at the discretion of the undertaker, be combined with the functions and activities of the existing community liaison committee that is in operation for the activities of the South Hook LNG Terminal that is co-located at or near the site. The local liaison committee must be made up of representatives of the undertaker and main contractors for the authorised development. The undertaker must invite the relevant planning authorities, Natural Resources Wales, local councils and other relevant interest groups, as may be agreed with the relevant planning authority, to nominate representatives to join the local liaison committee. The undertaker must provide a full secretariat service and supply an appropriate venue. The local liaison committee must meet at least once every 3 months during the construction of the authorised development and at least once a year during the operation of the authorised development, unless otherwise agreed in writing by the majority of the members of the local liaison committee.

(2) Except in an emergency, the undertaker must give 2 working days’ prior written notice to the local liaison committee and the relevant planning authorities in advance of carrying out steam purging. Notification of the activity, the reasons for the activity and its expected duration must also be posted on the undertaker’s internet web site. So far as reasonably practicable, steam purging must be commenced so as to predominantly take place between Mondays and Saturdays and not commence nor, so far as is reasonably practicable, continue on any Sunday or public holiday in Wales.

External lighting

16.—(1) No authorised development shall commence until a lighting plan of the external lighting to be installed and used at the site during the construction period and operation of the authorised development has, after consultation with Natural Resources Wales, been submitted to and approved by the relevant planning authorities.

(2) The lighting plan must include measures to prevent light spillage and as further detailed in sections 4.3.38 to 4.3.40 of volume 1 of the environmental statement and must further include measures (including sufficient screening of directional lighting) to ensure light from the authorised development does not spill onto the access and egress points of the South Hook Fort bat roosting areas and is in accordance with the Bat Conservation Trust Guidelines in respect of light spillage on the foraging and commuting areas within the nature conservation area.

(3) Any approved lighting plan must subsequently be implemented and retained for the duration of the construction, commissioning and use of the authorised development, unless otherwise agreed in writing by the relevant planning authorities.

Construction hours

17.—(1) Construction work including deliveries to the site (but which for the purpose of this requirement shall not include the arrival or departure of personnel on the site, on-site briefings or meetings, the use of welfare facilities and non-intrusive activities) must only take place between—

(a) 0700 and 1900 on weekdays; or

(b) 0700 and 1300 on Saturdays,

but must not take place on a day which is a public holiday.

(2) In paragraph (1) above, “non-intrusive activities” means internal activities such as electrical installation and fit out works that do not require the use of mechanical plant or equipment such as would create any discernible light, noise or vibration outside of the Order limits.

Accumulations and deposits

18.—(1) No authorised development comprised in Work No. 10A shall commence until a written scheme for the management of any accumulations or deposits whose effects may be harmful or visible or otherwise noticeable from outside the Order limits has been submitted to and approved by the relevant planning authority.

(2) The approved scheme for the management of accumulations and deposits must be implemented before and maintained during the construction, operation and decommissioning of the authorised development.

Travel plan

19.  The authorised development shall not commence operation until a travel plan, which must include details of the expected means of travel to and from the authorised development and any parking to be provided, has been submitted to and approved by the relevant planning authorities. The travel plan must reflect the proposals set out in the draft travel plan set out at appendix F of the transport assessment. The approved plan must be implemented within one month of the completion of commissioning and must continue to be implemented for as long as the authorised development can be used.

European protected species

20.  No authorised development shall commence until, after consultation with Natural Resources Wales, a scheme of protection and mitigation measures in respect of those bats which have been identified as present within the Order Limits has been submitted to and been approved by the relevant planning authorities; and the authorised development must be carried out in accordance with the approved scheme.

Restoration of land used temporarily for construction

21.  Any land used for temporary works and on which subsequent permanent works have not taken place must be reinstated to its condition as at the start of the temporary use, unless otherwise approved by the relevant planning authorities, within 6 months of the completion of commissioning.

Safety

22.  No authorised development shall commence until the undertaker has submitted to the Secretary of State an assessment of the extent and severity of known hazards at the generating station with the potential to impact on local populations or major hazard installations, including fire or explosion following loss of containment of natural gas, accompanied by evidence of independent validation of the suitability and sufficiency of the assessment, and the Secretary of State has notified approval of the assessment.

Carbon capture and storage

23.  In the event the undertaker installs carbon capture and storage equipment within the Order limits then the undertaker shall, subject to any applicable statutory obligations and consenting requirements, install such equipment, where technically feasible and so far as is reasonably practicable, in accordance with the current CCS proposal and the principles set out in the design principles statement.

Decommissioning

24.—(1) Unless otherwise agreed in writing by the relevant planning authorities, within 12 months of the authorised development ceasing to be used for the purposes of electricity and heat generation on a permanent basis, a scheme for the demolition and removal of the authorised development from the site must be submitted to and approved by the relevant planning authorities. The scheme must, amongst other matters, specify that any land used for the permanent works must be reinstated to its condition as at the completion of the permitted preliminary works (but requiring the removal of any structural foundations constructed in the course of such permitted preliminary works), or such alternative condition at the request of the undertaker as the relevant planning authorities may approve. In the event that the authorised development temporarily ceases operations and the duration of that temporary cessation of operations is likely to exceed a period in excess of twelve months, the undertaker must notify the relevant planning authorities of the purpose of the temporary cessation of operations and its likely duration.

(2) The demolition and removal of the authorised development must be implemented in accordance with the approved scheme, unless otherwise agreed in writing by the relevant planning authorities.

Requirement for written approval

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

Amendments to approved details

26.—(1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by a relevant planning authority, the approved details must be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority.

(2) Where the words “unless otherwise approved by the relevant planning authority”, “unless otherwise agreed in writing by the relevant planning authorities” or “with such changes to that document as agreed by the relevant planning authorities” appear in these requirements, any such approval or agreement may only be given in relation to immaterial changes where it has been demonstrated to the satisfaction of that authority that the subject matter of the approval or agreement sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(1)

1990 c.43. The definition of contaminated land was amended by the Water Act 2003 c. 37 Pt 3 s.86(2) (April 6, 2012 as SI 2012/284). There are amendments to this Act which are not relevant to this Order.