The Little Crow Solar Park Order 2022

PART 1 E+W+S REQUIREMENTS

Interpretation E+W+S

1.  In this Schedule—

“BSMP” means battery safety management plan;

“business days” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971(1);

“CEMPs” means construction environmental management plan and construction environmental management plan for biodiversity;

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

“CTMP” means construction traffic management plan;

“first export date” means the date on which the generating station first exports electricity to the Northern Powergrid network on a commercial basis;

“landowner” means the freehold owner of the land within the Order limits on which the relevant part of Work No. 5 is constructed;

“phase” means a defined section or part of the authorised development, the extent of which is shown in a scheme submitted to and approved by the local planning authority under requirement 5 (phases of authorised development); and

“substation operator” means the operator of the substation from time to time constructed as part of Work No. 4.”

Commencement Information

I1 Sch. 2 para. 1 in force at 27.4.2022, see art. 1

Time limit E+W+S

2.  The authorised development must commence no later than the expiration of five years beginning with the date on which this Order comes into force.

Commencement Information

I2 Sch. 2 para. 2 in force at 27.4.2022, see art. 1

Expiry of development consent E+W+S

3.—(1) The authorised development must cease generating electricity on a commercial basis no later than the [F1 45^th anniversary] of the first export date from Work No.1.

(2) Confirmation of the first export date for Work No.1 must be provided by the undertaker to the local planning authority within one month of its occurrence.

Textual Amendments

F1 Words in Sch. 2 para. 3(1) substituted (15.6.2023) by The Little Crow Solar Park (Amendment) Order 2023 (S.I. 2023/660), arts. 1, 3(a)

Commencement Information

I3 Sch. 2 para. 3 in force at 27.4.2022, see art. 1

Decommissioning and site restoration E+W+S

4.—(1) Not less than 6 months before the [F2 45^th anniversary] of the first export date, a decommissioning and site restoration scheme must be submitted to the local planning authority for its approval. The decommissioning and site restoration scheme(s) must be in accordance with the outline decommissioning strategy.

(2) The decommissioning and site restoration scheme(s) must include provision for—

(a) removal of all above-ground elements of the relevant part of the authorised development, with the exception of the access tracks (Work No.5) where the landowner has confirmed to the undertaker that it requires their retention and the substation (Work No. 4) where the substation operator has confirmed to the undertaker that its retention is required;

(b) removal of any cabling which is up to five hundred millimetres below ground level; and

(c) restoration of the areas disturbed by the relevant part of the authorised development.

(3) The decommissioning of the authorised development and the restoration of the land affected by the authorised development must be undertaken within the time period set out in accordance with the approved decommissioning and site restoration scheme(s).

Textual Amendments

F2 Words in Sch. 2 para. 4(1) substituted (15.6.2023) by The Little Crow Solar Park (Amendment) Order 2023 (S.I. 2023/660), arts. 1, 3(b)

Commencement Information

I4 Sch. 2 para. 4 in force at 27.4.2022, see art. 1

Phases of authorised development E+W+S

5.—(1) The authorised development must not be commenced until a written scheme setting out the phases of construction of the authorised development has been submitted to and approved by the local planning authority.

(2) The authorised development must be implemented in accordance with the approved phasing scheme.

Commencement Information

I5 Sch. 2 para. 5 in force at 27.4.2022, see art. 1

Detailed design approval E+W+S

6.—(1) No phase of the authorised development is to be commenced until written details of the following for that phase have been submitted to and approved by the local planning authority—

(a) layout;

(b) scale;

(c) proposed finished ground levels and elevations;

(d) external appearance;

(e) hard-surfacing materials;

(f) parking and circulation areas;

(g) refuse or other storage units, signs and lighting;

(h) power and communications cables and pipelines;

(i) fencing;

(j) security measures; and

(k) any mitigation measures necessary to address noise impacts.

(2) The details to be submitted for approval must accord with—

(a) the principles and assessments set out in the environmental statement; and

(b) the works plan.

(3) The authorised development must be carried out in accordance with the approved details.

Commencement Information

I6 Sch. 2 para. 6 in force at 27.4.2022, see art. 1

Battery Safety Management Plan (BSMP) E+W+S

7.—(1) Prior to the commencement of either Work No. 2A or Work No. 2B as notified to the local planning authority under Article 3(4) a BSMP must be submitted to and approved by the local planning authority.

(2) The submitted BSMP must either accord with the outline BSMP or detail such changes as the undertaker considers are required.

(3) In the event that the submitted BSMP proposes changes to the outline BSMP the local planning authority must not approve the BSMP until it has consulted with the Health and Safety Executive and Humberside Fire and Rescue Service.

Commencement Information

I7 Sch. 2 para. 7 in force at 27.4.2022, see art. 1

Construction Environmental Management Plans (CEMPs) E+W+S

8.—(1) No phase of the authorised development is to be commenced until a CEMP for that phase has been submitted to and approved by the local planning authority. Any CEMP submitted for approval must be in accordance with the outline CEMP and any approved CEMP must be adhered to for the duration of the works in the phase of the authorised development to which the CEMP relates.

(2) The CEMP for each phase of the authorised development must provide details of—

(a) community liaison;

(b) complaints procedures;

(c) nuisance management including measures to avoid or minimise the impacts of construction works (covering dust, noise and vibration);

(d) a soil management plan which must accord with the outline soil management plan;

(e) site waste and materials management measures;

(f) pollution control measures to prevent the introduction of any hazardous substances;

(g) security measures and use of artificial lighting;

(h) a protocol requiring consultation with the Environment Agency in the event that unexpected contaminated land is identified during ground investigation or construction;

(i) details of out of hours working procedures; and

(j) a construction and environmental management plan for biodiversity that must accord with the outline construction and environmental management plan for biodiversity.

Commencement Information

I8 Sch. 2 para. 8 in force at 27.4.2022, see art. 1

Construction Traffic Management Plan (CTMP) E+W+S

9.—(1) No phase of the authorised development is to be commenced until a CTMP covering th at phase and in accordance with the outline CTMP has been submitted to and approved by the local planning authority.

(2) The CTMP must include details of—

(a) associated traffic movements; including delivery vehicles and staff/construction vehicle movements;

(b) traffic management requirements on the adjoining public highway of the B1208, B1207 and the A18; and

(c) a condition survey for any road which will be affected by undertaking that phase of the authorised development and a further condition survey following that phase of the construction works. In the event that any defects are identified in that condition survey that are directly attributable to that phase of the construction works of the authorised development, details of how those defects are to be remediated by the undertaker.

(3) The CTMP must be implemented as approved.

Commencement Information

I9 Sch. 2 para. 9 in force at 27.4.2022, see art. 1

Landscape and Ecological Management Plan (LEMP) E+W+S

10.—(1) No phase of the authorised development is to be commenced until a LEMP covering that phase which accords with the outline LEMP has been submitted to and approved by the local planning authority.

(2) The LEMP must include—

(a) details of the method of protection of existing landscape features and habitats during the construction, operation and decommissioning stage of the authorised development;

(b) details of habitat creation, including new native hedgerow planting adjacent to the proposed security fencing along the line of the existing footpath, replanting of any breaks (gaps) in excess of 1 metre in existing native hedgerows within the Order limits adjacent to the footpath and sowing of wildflower seed along the margins between the footpath and the hedgerow/ security fence boundaries;

(c) details of ongoing management including seasonal grazing regime and other measures shown in table 7.5 at chapter 7 of the environmental statement including the annual review of the need for any additional mitigation planning work, during the lifetime of the authorised development;

(d) a timetable for the landscape management of the land within the Order limits during the lifetime of the authorised development; and

(e) landscaping details for the area allocated for Work No.2A in the event that Work No. 2B is constructed.

(3) The LEMP must be implemented as approved.

Commencement Information

I10 Sch. 2 para. 10 in force at 27.4.2022, see art. 1

Construction hours E+W+S

11.—(1) Subject to sub-paragraph (2), no construction works are to take place except between the hours of—

(a) 07:00 and 18:00 Monday to Friday; and

(b) 08:00 and 13:30 on Saturday.

(2) The following works are permitted outside the hours referred to in sub-paragraph (1)—

(a) emergency works; and

(b) works which do not cause noise that is audible at the boundary of the Order limits.

(3) Any emergency works carried out under sub-paragraph (2)(a) must be notified to the local planning authority within 72 hours of their commencement.

Commencement Information

I11 Sch. 2 para. 11 in force at 27.4.2022, see art. 1

Surface and foul water drainage E+W+S

12.—(1) No phase of the authorised development is to be commenced until written details of the surface and foul water drainage system for that phase have been submitted to and approved by the local planning authority.

(2) The details submitted under sub-paragraph (1) must include the plans and strategies referred to in Appendix 3.1 -flood risk assessment and drainage strategy of the environmental statement (document reference 7.3 LC TA3.1).

(3) The surface and foul water drainage system for the relevant part of the authorised development must be constructed in accordance with the approved details.

Commencement Information

I12 Sch. 2 para. 12 in force at 27.4.2022, see art. 1

Archaeology E+W+S

13.—(1) The authorised development must be carried out in accordance with the archaeological management plan.

(2) No phase of the authorised development is to be commenced until the archaeological exclusion zone around Gokewell Priory shown on the Archaeological Exclusion Zone – Whole Area Plan (document reference 2.22 LC DRW) has been installed as shown on the works plan.

(3) No digging or use of piled mounting frames shall be undertaken within the archaeological “no-dig” zone identified on the Works Details – Key B2 - Sheet 5 of 7 (document reference 2.15 LC DRW).

(4) No phase within the authorised development is to be commenced until a written scheme for the investigation of areas of archaeological interest within that phase has been submitted to and approved by the local planning authority.

(5) The scheme approved under sub-paragraph (4) must be in accordance with the archaeological management plan and identify any areas where a programme of archaeological investigation is required and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

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

(7) Any archaeological works or programme of archaeological investigation must be carried out in accordance with the scheme approved under sub-paragraph (4).

(8) Within six months of the commencement of the authorised development the undertaker must submit a scheme to the local planning authority detailing proposals for two interpretation boards explaining the significance of Gokewell Priory. The scheme shall include details of the proposed location, size, materials, content, means of fixing and maintenance of the proposed boards. The scheme shall be implemented as approved within six months following the completion of the authorised development or six months following the approval of the scheme whichever is the later.

Commencement Information

I13 Sch. 2 para. 13 in force at 27.4.2022, see art. 1

Protected Species E+W+S

14.—(1) No work, including site preparation works, shall be commenced in any phase of the authorised development until final pre-construction survey work has been carried out for that phase to establish whether a protected species is present on any of the land affected, or likely to be affected, by the authorised development or in any of the trees to be lopped or felled as part of that phase.

(2) Where a protected species is shown to be present, the authorised development must not be commenced within that phase until a scheme of protection and mitigation measures has been submitted to and approved by the local planning authority in consultation with Natural England.

(3) The authorised development must be carried out in accordance with any scheme approved under sub-paragraph (2).

(4) In this requirement, “protected species” refers to any species defined as a European Protected Species in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017(2) or any species to which Part I (wildlife) and Schedule 5 (animals which are protected) of the Wildlife and Countryside Act 1981(3) applies.

Commencement Information

I14 Sch. 2 para. 14 in force at 27.4.2022, see art. 1

Operational noise E+W+S

15.—(1) No phase of the authorised development is to commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation to ensure the operational noise rating levels as set out in the environmental statement are to be complied with for that phase has been submitted to and approved by the local planning authority.

(2) The authorised development must be implemented and operated for its duration in accordance with the approved operational noise assessment.

Commencement Information

I15 Sch. 2 para. 15 in force at 27.4.2022, see art. 1

Temporary diversion to public footpath E+W+S

16.—(1) No phase of the authorised development is to be commenced and no decommissioning will be undertaken until a public rights of way management plan for the phase incorporating any part of public footpath 214 shown to be temporarily closed and diverted on the temporary diversion of public footpath plan has been submitted to and, approved by the local planning authority.

(2) The public rights of way management plan must include details of—

(a) measures to minimise the distance of any sections of the public right of way to be temporarily closed; and

(b) advance publicity and signage in respect of any sections of public rights of way to be temporarily closed.

(3) Prior to the commencement of any phase of the authorised development and of any decommissioning the public rights of way management plan must be implemented as approved.

Commencement Information

I16 Sch. 2 para. 16 in force at 27.4.2022, see art. 1

Requirement for written approval E+W+S

17.  Where the approval, agreement or confirmation of the Secretary of State, local planning authority or another person is required under a requirement that approval or confirmation must be given in writing.

Commencement Information

I17 Sch. 2 para. 17 in force at 27.4.2022, see art. 1

Amendments to approved details E+W+S

18.—(1) With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved by the local planning authority, the approved details must be carried out as approved unless an amendment or variation has previously been approved in writing by the local planning authority in accordance with sub-paragraph (2).

(2) Any amendments to or variations from the approved details must be in accordance with the principles and assessments set out in the environmental statement. Such agreement may only be given in relation to immaterial changes where it has been demonstrated to the local planning authority that the subject matter of the agreement sought is unlikely to give rise to any materially new or materially different environmental effect from those assessed in the environmental statement.

(3) The approved details must be taken to include any amendments that may subsequently be approved in writing by the local planning authority.

Commencement Information

I18 Sch. 2 para. 18 in force at 27.4.2022, see art. 1

(1)

1971 c. 80.

(2)

S.I. 2017/1012.

(3)

1981 c. 69.