Article 2, 3
1.—(1) In this Schedule—
“commercial use” means that the commissioning of the authorised development has been completed and it is generating electricity on a commercial basis;
“commissioning” means the process of assuring that all systems and components of the authorised development (which are installed or where installation is near to completion) are tested to verify that they function and are operable in accordance with the design objectives, specifications and operational requirements of the undertaker;
“local residents” means the residents living within the administrative areas of Nottinghamshire and Lincolnshire;
“local organisations” means organisations based or with their main activities within the administrative areas of Nottinghamshire and Lincolnshire;
“m” means metres;
“mAGL” means metres above ground level;
“mAOD” means metres above ordnance datum; and
“stage” of the authorised development means any part or parts of Works Nos. 1 to 10.
(2) Where any requirement requires the authorised development to be carried out in accordance with matters including a plan, document, or details approved by the relevant planning authority, those matters are to be taken to include any amendments that may subsequently be approved in writing by the relevant planning authority.
(3) Where an approval or agreement is required under the terms of a requirement or a document referred to in a requirement, or any requirement specifies “unless otherwise approved” or “unless otherwise agreed” by the relevant planning authority, such approval or agreement may only be given in relation to non-material changes where it has been demonstrated to the satisfaction of the relevant planning authority that the subject matter of the approval or agreement sought is unlikely to give rise to any greater environmental effects from those assessed in the environmental statement.
2.—(1) The authorised development must not be commenced after the expiration of 7 years from the date this Order comes into force.
(2) The authorised development must not commence unless the undertaker has given the relevant planning authority 14 days’ notice of its intention to commence the authorised development.
3.—(1) Notice of the intended commissioning of the authorised development must be given to the relevant planning authority, Nottinghamshire County Council, Lincolnshire County Council and West Lindsey District Council prior to such commencement and in any event not less than 7 days before the date that commissioning is commenced.
(2) Notice of the intended completion of commissioning of the authorised development must be given to the relevant planning authority where practicable prior to such completion and in any event within 7 days from the date that commissioning is completed.
4. Notice of the intended commencement of commercial use of the authorised development must be given to the relevant planning authority prior to such commencement and in any event not less than 7 days before the date that commercial use is commenced.
5.—(1) In relation to Work No. 1, Work No. 2, Work No. 4 and Work No. 5, no development must commence until details of the following, where relevant for that Work have, after consultation with West Lindsey District Council and the Lead Local Flood Authority, been submitted to and approved by the relevant planning authority—
(a)the siting, layout, scale and external appearance, including the colour, materials and surface finishes of all new permanent buildings and structures;
(b)finished floor levels;
(c)hard standings;
(d)the internal vehicular access and circulation roads, loading and unloading, vehicle parking and turning facilities, cycle parking and routes and pedestrian facilities and routes; and
(e)surface water management.
(2) Work No. 1, Work No. 2, Work No. 4 and Work No. 5 unless otherwise agreed with the relevant planning authority must be carried out in accordance with the approved details.
(3) Unless otherwise agreed with the relevant planning authority if a single OCGT is installed the details approved by the relevant planning authority under paragraph (1) must be in accordance with table 1.
| Component | Maximum length (m) | Maximum width (m) | Maximum height (mAGL/ mAOD) | Minimum height (mAGL) |
|---|---|---|---|---|
| Minimum final ground height (mAOD) | +7.1m | |||
| Maximum final ground height (mAOD) | +14m | |||
| Single Gas Turbine, Exhaust gas diffuser, Generator and Air inlet filter (Work No. 1(a)) | 50 | 20 | 27/41 | - |
| Gas Turbine building (if required) (Work No. 1(a)) | 36 | 12 | 19/33 | - |
| Stack(s) (Work No. 1(a)) | 10m diameter | 45/59 | 40 | |
| Auxiliary closed loop cooling equipment (Work No. 1(c)) | 30 | 15 | 12/26 | - |
| Workshop, Stores, Control, Administration and Welfare Buildings (Work No. 4(c)) | 40 | 30 | 10/24 | - |
| Raw Water / Fire Water Storage tank (Work No. 4(d)) | 15m diameter | 7/21 | - | |
| Gas receiving areas, gas treatment facilities, compression station and other auxiliary control cabinets and equipment (Work No. 2) | 60 | 45 | 7/21 | - |
(4) Unless otherwise agreed with the relevant planning authority if up to 5 OCGT units are installed the details approved by the relevant planning authority under paragraph (1) must be in accordance with table 2.
| Component | Maximum length (m) | Maximum width (m) | Maximum height (mAGL/ mAOD) | Minimum height (mAGL) |
|---|---|---|---|---|
| Minimum final ground height (mAOD) | +7.1m | |||
| Maximum final ground height (mAOD) | +14m | |||
| Each Single Gas Turbine and Generator (Work No. 1(a)) | 35 | 12 | 15/29 | - |
| Each Stack (Work No. 1(a)) | 5m diameter | 45/59 | 35 | |
| Banking Compound Area (Work No. 1) | 52 | 48 | 8/22 | - |
| Workshop, Stores, Control, Administration and Welfare Buildings (Work No. 4(c)) | 40 | 30 | 10/24 | - |
| Raw Water / Fire Water Storage Tank (Work No. 4(d)) | 15m diameter | 7/21 | - | |
| Gas receiving areas, gas treatment facilities, compression station and other auxiliary control cabinets and equipment (Work No. 2) | 60 | 45 | 7/21 | - |
6.—(1) In relation to Work No. 1, Work No. 2 and Work No. 4, no development must be commenced until a landscaping and biodiversity management and enhancement plan, where relevant for that Work has, after consultation with the Environment Agency, Natural England, Lincolnshire County Council, Nottinghamshire County Council and West Lindsey District Council, been submitted to and approved by the relevant planning authority.
(2) The plan submitted and approved must include details of—
(a)measures to protect, manage and enhance existing shrub and tree planting that is to be retained;
(b)biodiversity and habitat mitigation and impact avoidance;
(c)an implementation timetable; and
(d)maintenance and management, including a landscaping maintenance plan incorporating measures to protect, manage and enhance all shrub and tree planting.
(3) The plan submitted and approved must be in accordance with the certified landscaping and biodiversity management and enhancement plan unless otherwise agreed with the relevant planning authority.
(4) The plan must be implemented prior to commissioning and maintained as approved unless otherwise agreed with the relevant planning authority.
(5) Any shrub or tree planted as part of the approved plan 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 agreed with the relevant planning authority.
7.—(1) In relation to Work No. 1, no development must commence until a scheme for all external lighting to be installed during construction, where relevant to that Work, has been submitted to and approved by the relevant planning authority.
(2) No part of Work No. 1 must be commissioned until a scheme for all permanent external lighting to be installed has been submitted to and approved by the relevant planning authority.
(3) The schemes submitted and approved pursuant to paragraphs (1) and (2) of this requirement must accord with the principles of the lighting strategy and include measures to minimise and otherwise mitigate any artificial light emissions during the construction and operation of the authorised development.
(4) The schemes must be implemented as approved unless otherwise agreed with the relevant planning authority.
8.—(1) No stage of the authorised development must commence until details of any proposed temporary means of enclosure (including a programme for the removal of all temporary means of enclosure) where relevant to that stage have been submitted to and approved by the relevant planning authority.
(2) Any construction areas or sites associated with the authorised development must remain securely fenced at all times during construction of the authorised development.
(3) Pre-commencement activities which involve temporary means of enclosure may take place only in accordance with a specific written scheme of investigation which has been submitted to and approved by the relevant planning authority.
(4) No stage of the authorised development must be brought into commercial use until details of any proposed permanent means of enclosure, have, for that stage, been submitted to and approved by the relevant planning authority.
(5) No stage of the authorised development may be brought into commercial use until any approved permanent means of enclosure has been completed.
(6) The authorised development must be carried out in accordance with the approved details unless otherwise agreed with the relevant planning authority.
(7) In this requirement, “means of enclosure” means fencing, walls or other means of boundary treatment and enclosure.
9.—(1) In relation to Work No. 1, Work No. 2, Work No. 4 and Work No.5, no development must commence until, where relevant for that Work details of temporary surface water drainage system, including means of pollution control have, after consultation with the Environment Agency, Lead Local Flood Authority and relevant internal drainage board and Canal & River Trust in relation to Work No. 5 only, been submitted to and approved in writing by the relevant planning authority.
(2) Details of the permanent surface water drainage system, including a programme for its implementation and maintenance must, after consultation with the Lead Local Flood Authority, Environment Agency and relevant internal drainage board and Canal & River Trust in relation to Work No. 5 only, be submitted to and approved by the relevant planning authority prior to the start of construction of any part of that system.
(3) The details submitted and approved pursuant to paragraphs (1) and (2) of this requirement in relation to Work No. 5 must include a detailed construction method statement for the proposed works, including temporary access arrangements and construction vehicle routes to facilitate the drainage connection.
(4) The details submitted and approved pursuant to paragraphs (1) and (2) of this requirement must be in accordance with the outline drainage strategy.
(5) The schemes must be implemented as approved and maintained throughout the construction and operation of the authorised development unless otherwise agreed with the relevant planning authority.
10.—(1) In relation to Work No. 4, no development must commence until, details for that work, details of a written scheme for the connection, conveyance, treatment and disposal of foul water drainage on and off the West Burton Power Station Site has, after consultation with the Environment Agency and Severn Trent Water, been submitted to and approved by the relevant planning authority.
(2) If the written scheme submitted and approved pursuant to paragraph (1) of this requirement identifies that it is not practicable or reasonable to connect to a mains foul water system, an alternative strategy for the provision and implementation of wastewater treatment must, after consultation with the Environment Agency and Severn Trent Water, be submitted to and approved by the relevant planning authority.
(3) Any alternative strategy submitted and approved pursuant to paragraph (2) of this requirement must include a management and maintenance plan to ensure that it will not cause pollution to the water environment.
(4) The schemes approved pursuant to paragraph (1) and, where relevant, paragraph (2) of this requirement must be implemented and maintained throughout the operation of the authorised development unless otherwise agreed with the relevant planning authority.
11.—(1) No stage of the authorised development must commence until for that stage a scheme for mitigation of flood risk during construction has, after consultation with the Environment Agency and relevant internal drainage board, been submitted to and approved in writing by the relevant planning authority.
(2) Details of the permanent flood risk mitigation works, including a programme for their implementation must, after consultation with the Environment Agency and relevant internal drainage board, be submitted to and approved in writing by the relevant planning authority prior to the start of construction of any part of those works.
(3) The details submitted and approved pursuant to paragraphs (1) and (2) of this requirement must be in accordance with the principles set out in the flood risk assessment that forms part of the environmental statement.
(4) The schemes must be implemented as approved and maintained throughout the construction and operation of the authorised development unless otherwise agreed with the relevant local planning authority.
12.—(1) No stage of the authorised development must commence until a scheme to deal with the contamination of land including groundwater which is likely to cause significant effects to persons or pollution of controlled waters or the environment has, for that stage and after consultation with the Environment Agency, been submitted to and approved by the relevant planning authority.
(2) The scheme submitted and approved must be in accordance with the principles set out in Chapter 11 of the environmental statement and must be included in the construction environmental management plan submitted pursuant to requirement 16.
(3) The scheme must include a risk assessment and if necessary a site investigation 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 materials management plan which sets out long-term measures with respect to any contaminants remaining on the site.
(4) Pre-construction remedial work and pre-commencement activities which involve remedial works in respect of any contamination or adverse ground conditions may take place only in accordance with a specific written scheme which has been submitted to and approved by the relevant planning authority.
(5) The authorised development, including any remediation, must be carried out in accordance with the approved scheme unless otherwise agreed with the relevant planning authority.
13.—(1) If, during any stage of the authorised development, contamination not identified or addressed within the scheme approved under requirement 12 is found to be present within the Order limits, no further development in the vicinity of the contamination may be carried out until a written scheme to deal with the associated risks has, after consultation with the Environment Agency, been submitted to and approved by the relevant planning authority.
(2) The scheme must include an investigation and assessment report prepared by a specialist consultant notified in advance to the relevant planning authority, the purpose of which is 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 site.
(3) No remedial work identified in accordance with paragraph (2) may be carried out until the scheme has been approved.
(4) The scheme and management plan must be implemented as approved unless otherwise agreed with the relevant planning authority.
14.—(1) No stage of the authorised development must commence until a written scheme of investigation for that stage has, after consultation with Historic England and Nottinghamshire County Council in its capacity as the relevant archaeological body, been submitted to and approved by the relevant planning authority.
(2) The scheme submitted and approved must be in accordance with the outline written scheme of investigation.
(3) The scheme must 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.
(4) Pre-construction archaeological investigations and pre-commencement activities which include intensive ground works may take place only in accordance with a specific written scheme of investigations which has been submitted to and approved by the relevant planning authority.
(5) Any archaeological investigations implemented 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 unless otherwise agreed with the relevant planning authority.
15.—(1) No stage of the authorised development must commence until further survey work for that stage has been carried out to establish whether any protected species is present on any of the land affected, or likely to be affected, by that part of the authorised development.
(2) Where a protected species is shown to be present, no authorised development of that part must commence until, after consultation with Natural England and the Environment Agency, a scheme of protection and mitigation measures has been submitted to and approved in writing by the relevant planning authority.
(3) The authorised development must be implemented in accordance with the approved scheme unless otherwise agreed with the relevant planning authority.
16.—(1) No stage of the authorised development must commence until a construction environmental management plan has been submitted to and approved by the relevant planning authority.
(2) The plan submitted and approved must be in accordance with the framework construction environmental management plan and incorporate—
(a)a code of construction practice, specifying measures designed to minimise the impacts of construction works;
(b)a scheme for the control of any emissions to air;
(c)a soil and waste management plan;
(d)a sediment control plan;
(e)a scheme for environmental monitoring and reporting during the construction of the authorised development, including measures for undertaking any corrective actions; and
(f)a scheme for the notification of any significant construction impacts on local residents and for handling any complaints received from local residents relating to such impacts during the construction of the authorised development.
(3) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan unless otherwise agreed with the relevant planning authority.
17.—(1) No stage of the authorised development must commence until details for undertaking condition surveys of the relevant highways which are maintainable at the public expense and which are to be used during construction of the authorised development have been submitted to and, after consultation with the highway authority, approved by the relevant planning authority.
(2) The condition surveys must be undertaken in accordance with the approved details and a schedule of repairs, including a programme for undertaking any such repairs and their inspection, must, following the completion of the post-construction condition surveys, be submitted to and, after consultation with the highway authority, approved by the relevant planning authority.
(3) The schedule of repairs must be carried out as approved unless otherwise agreed with the relevant planning authority.
18.—(1) No stage of the authorised development must commence until a construction traffic management plan has, after consultation with Highways England, the highway authority, Lincolnshire County Council and West Lindsey District Council been submitted to and approved by the relevant planning authority.
(2) The plan submitted and approved must be in accordance with the principles set out in the framework construction traffic management plan.
(3) The plan submitted and approved must include—
(a)details of the routes to be used for the delivery of construction materials and any temporary signage to identify routes and promote their safe use, including details of the access points to the construction site to be used by light goods vehicles and heavy goods vehicles;
(b)details of the routing strategy and procedures for the notification and conveyance of abnormal indivisible loads, including agreed routes, the numbers of abnormal loads to be delivered by road and measures to mitigate traffic impact;
(c)the construction programme; and
(d)any necessary measures for the temporary protection of carriageway surfaces, the protection of statutory undertakers’ plant and equipment and any temporary removal of street furniture.
(4) Notices must be erected and maintained 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.
(5) The plan must be implemented as approved unless otherwise agreed with the relevant planning authority in consultation with Highways England and the highway authority.
19.—(1) No stage of the authorised development must commence until a construction workers’ travel plan has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority.
(2) The plan submitted and approved must be in accordance with the framework construction workers’ travel plan.
(3) The plan submitted and approved must include—
(a)measures to promote the use of sustainable transport modes to and from the authorised development by construction staff;
(b)provision as to the responsibility for, and timescales of, the implementation of those measures;
(c)details of parking for construction personnel within the construction sites; and
(d)a monitoring and review regime.
(4) The approved plan must be implemented within 3 months of commencement of the authorised development and must be maintained throughout the construction of the authorised development unless otherwise agreed with the relevant planning authority.
20.—(1) Subject to sub-paragraph (2), construction work relating to the authorised development, including the delivery or removal of materials, plant and machinery, must not take place on Bank Holidays or Sundays and otherwise outside the hours of—
(a)0700 and 1900 hours on Monday to Friday; and
(b)0800 and 1800 hours on a Saturday.
(2) The restrictions in sub-paragraph (1) do not apply to construction work or the delivery or removal of materials, plant and machinery, where these—
(a)do not exceed a noise limit to be agreed with the relevant planning authority at the Order limits;
(b)relate to continuous construction activities where prior notification has been given to the relevant planning authority;
(c)are carried out with the prior approval of the relevant planning authority; or
(d)are associated with an emergency.
(3) The restrictions in sub-paragraph (1) 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.
(4) Sub-paragraph (1) does not preclude:
(a)a start-up period from 0630 to 0700 and a shut-down period from 1900 to 1930 Monday to Friday and a start-up period from 0730 to 0800 and a shut-down period from 1800 to 1830 on a Saturday; or
(b)maintenance at any time of plant and machinery engaged in the construction of the authorised development.
(5) Any request for the prior approval of the relevant planning authority under sub-paragraphs (2)(b) or (3)(b) must be made at least 48 hours in advance of start of the proposed activity.
(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.
21.—(1) No stage of the authorised development must commence until a scheme for the monitoring and control of noise during the construction of the authorised development has been submitted to and approved by the relevant planning authority.
(2) The scheme submitted and approved must specify—
(a)each location from which noise is to be monitored;
(b)the method and frequency of noise measurement;
(c)the maximum permitted levels of noise at each monitoring location during the daytime;
(d)provision as to the circumstances in which construction activities must cease as a result of a failure to comply with a maximum permitted level of noise; and
(e)the noise control measures to be employed.
(3) The scheme must be implemented as approved unless otherwise agreed with the relevant planning authority.
22.—(1) No stage of the authorised development must be brought into commercial use until a scheme for noise management including monitoring during operation of the authorised development has been submitted to and approved by the relevant planning authority.
(2) Noise from the operation of the authorised development must be no greater than 5dB above background levels measured following commissioning of the authorised development at any residential property in existence at the date of this Order.
(3) The scheme must be implemented as approved unless otherwise agreed with the relevant planning authority.
23.—(1) No piling works for the construction of the authorised development must commence until for that stage a written piling and penetrative foundation design method statement, informed by a risk assessment has, after consultation with the Environment Agency, been submitted to and approved by the relevant planning authority.
(2) All piling and penetrative foundation works must be carried out in accordance with the approved method statement unless otherwise agreed with the relevant planning authority.
24.—(1) The authorised development must not be brought into commercial use until a scheme for the restoration of any land within the Order limits which has been used temporarily for construction has been submitted to and approved by the relevant planning authority.
(2) The land must be restored within 3 years of the authorised development being brought into commercial use (or such other period as the relevant planning authority may approve), in accordance with—
(a)the restoration scheme approved in accordance with sub- paragraph (1); and
(b)the landscaping and biodiversity management and enhancement plan approved in accordance with requirement 6.
25.—(1) The authorised development must not commence until the undertaker has established a committee to liaise with local residents and local organisations about matters relating to the authorised development (a ‘local liaison committee’).
(2) The local liaison committee must include representatives of the undertaker.
(3) The undertaker must invite the relevant planning authority, Lincolnshire County Council, Nottinghamshire County Council, West Lindsey District Council, and other relevant interest groups as agreed with the relevant planning authority, to nominate representatives to join the local liaison committee.
(4) The undertaker must provide a full secretariat service and supply an appropriate venue.
(5) The local liaison committee must, unless otherwise agreed in writing by the majority of the members of the local liaison committee –
(a)meet every quarter, starting in the month prior to commencement of the authorised development, until the completion of construction, testing and commissioning works; and
(b)meet once a year during the operation of the authorised development.
(6) If the majority of members agree in writing that a meeting is not required in accordance with sub-paragraph (5), any individual committee member can require the meeting to go ahead by making a written request within 20 working days of the scheduled meeting.
26.—(1) No part of the authorised development must commence until a plan detailing arrangements to promote employment, skills and training development opportunities for local residents during construction of the authorised development has, after consultation with Lincolnshire County Council and Nottinghamshire County Council, been submitted to and approved by the relevant planning authority.
(2) The approved plan must be implemented and maintained during the construction of the authorised development unless otherwise agreed by the relevant planning authority.
27.—(1) The undertaker must submit to the relevant planning authority for its approval a decommissioning environmental management plan within 12 months of the date that the authorised development is to be decommissioned.
(2) No decommissioning works must be carried out until the relevant planning authority has approved the plan.
(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 land shown within the Order limits to a condition agreed with the relevant planning authority;
(e)the phasing of any restoration works;
(f)a timetable for the implementation of the scheme; and
(g)a decommissioning traffic management plan.
(4) The plan must be implemented as approved unless otherwise agreed with the relevant planning authority.
28.—(1) Where any requirement specifies that consultation must be undertaken with a named consultee in relation to a plan, document or details being submitted to the relevant planning authority for approval—
(a)such consultation must be carried out in advance of the plan, document or details being provided to the relevant planning authority for approval; and
(b)unless otherwise agreed in advance with the undertaker, if a named consultee has not provided its comments in relation to the plan, document or details within 24 days of receipt of a request to do so, the consultee is deemed to have no comments in relation to the plan, document or details.