The Gate Burton Energy Park Order 2024

SCHEDULE 2 REQUIREMENTS

Article 2 Interpretation 1 In this Schedule— “relevant planning authority” means— Lincolnshire County Council for the purposes of: requirement 6; requirement 10; requirement 14; requirement 16; requirement 17; and West Lindsey District Council and Bassetlaw District Council for the purposes of: requirement 3; requirement 4; requirement 5; requirement 7; requirement 8; requirement 9; requirement 12; requirement 13; requirement 15; requirement 18; requirement 19; and “relevant planning authorities” means Lincolnshire County Council, West Lindsey District Council and Bassetlaw District Council, as applicable. Commencement of the authorised development 2 The authorised development must not be commenced after the expiration of five years from the date this Order comes into force. Approved details and amendments to them 3 (1) With respect to the documents certified under Article ‎38 (certification of plans and documents, etc) and any plans, details or schemes which have been approved pursuant to any requirement (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant planning authority or relevant planning authorities (as applicable) for approval any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant planning authority or relevant planning authorities (as applicable), the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph. (2) Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority or the relevant planning authorities (as applicable) 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. Community liaison group 4 (1) Prior to the commencement of the authorised development the undertaker must submit to the relevant planning authorities for approval the terms of reference for a community liaison group whose aim is to facilitate liaison between representatives of people living in the vicinity of the Order limits and other relevant organisations in relation to the construction of the authorised development. (2) The community liaison group must be established prior to commencement of the authorised development and must be administered by the undertaker, and operated, in accordance with the approved terms of reference. (3) The community liaison group is to continue to meet until the date of final commissioning of the final part of the authorised development unless otherwise agreed with the relevant planning authorities. Detailed design approval 5 (1) No part of the authorised development may commence until details of— (a) the layout; (b) scale; (c) proposed finished ground levels; (d) external appearance; (e) hard surfacing materials; (f) vehicular and pedestrian access, parking and circulation areas; (g) refuse or other storage units, signs and lighting; (h) drainage, water, power and communications cables and pipelines; (i) landscaping works, planting works and programme for implementation; (j) fencing; (k) security measures; and (l) any mitigation measures necessary to address noise impacts. relating to that part have been submitted to and approved in writing by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities. (2) The details submitted must accord with— (a) the location, order limits and grid coordinates plan; (b) the works plan; and (c) the outline design principles, or such variation thereof as may be approved by the relevant planning authority pursuant to requirement 3. (3) The authorised development must be carried out in accordance with the approved details. Battery safety management 6 (1) Work No. 2 must not commence until a battery safety management plan has been submitted to and approved by the relevant planning authority. (2) The battery safety management plan must prescribe measures to facilitate safety during the construction, operation and decommissioning of Work No. 2 including the transportation of new, used and replacement battery cells both to and from the authorised development. (3) The battery safety management plan must be substantially in accordance with the outline battery safety management plan. (4) The relevant planning authority must consult with West Lindsey District Council, Lincolnshire Fire and Rescue, Nottinghamshire Fire and Rescue Service and the Environment Agency before determining an application for approval of the battery safety management plan. (5) The battery safety management plan must be implemented as approved and maintained throughout the construction, operation and decommissioning of the authorised development. Landscape and ecological management plan 7 (1) No part of the authorised development may commence until a written landscape and ecological management plan has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, in consultation with the Environment Agency and Natural England. (2) The landscape and ecological management plan must be substantially in accordance with the outline landscape and ecological management plan. (3) The landscape and ecological management plan must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. (4) For the purposes of sub-paragraph ‎(1), “commence” includes part (h) (site clearance (including vegetation removal, demolition of existing buildings and structures)) and part (i) (advanced planting to allow for an early establishment of protective screening) of permitted preliminary works. Biodiversity net gain 8 (1) No part of the authorised development may commence until a biodiversity net gain strategy has been submitted to and approved by the relevant planning authority, in consultation with the relevant statutory nature conservation body. (2) The biodiversity net gain strategy must be substantially in accordance with the outline landscape and ecological management plan and must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Fencing and other means of enclosure 9 (1) No part of the authorised development may commence until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the construction environmental management plan, for that part have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities. (2) No part of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that part (which must be substantially in accordance with the relevant outline design principles) have been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities. (3) For the purposes of sub-paragraph ‎(1), “commence” includes any permitted preliminary works. (4) Any construction site must remain securely fenced in accordance with the approved details under sub-paragraph ‎(1) at all times during construction of the authorised development. (5) Any temporary fencing must be removed on completion of the part of construction of the authorised development for which it was used. (6) Any approved permanent fencing in a part must be completed before the date of final commissioning in respect of such part. Surface and foul water drainage 10 (1) No part of the authorised development may commence until written details of the surface water drainage scheme and (if any) foul water drainage system (which must be substantially in accordance with the outline drainage strategy) have been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, and in each case in consultation with Anglian Water Services Limited or its successor in function as the relevant water undertaker. (2) Any approved scheme must be implemented as approved and maintained throughout the construction and operation of the authorised development. Archaeology 11 (1) The authorised development must be implemented in accordance with the archaeological mitigation strategy. (2) No part of the authorised development may commence until a written scheme of archaeological investigation (which must accord with the archaeological mitigation strategy) for that part has been submitted to and approved by the relevant planning authority. (3) For the purposes of sub-paragraph (1), “commence” includes any permitted preliminary works. (4) Any archaeological works or watching brief must be carried out in accordance with the approved scheme. Construction environmental management plan 12 (1) No part of the authorised development may commence until a construction environmental management plan (which must be substantially in accordance with the framework construction environmental management plan) for that part has been submitted to and approved by the relevant planning authority, or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, such approval to be in consultation with the relevant highway authority and the Environment Agency. (2) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan. (3) The details on the amount and type of waste from the authorised development and how it will be reused, recycled or disposed of is to be set out in a Waste Management Plan which is to be included as an appendix to the construction environmental management plan. Operational environmental management plan 13 (1) Prior to the date of final commissioning for any part of the authorised development, an operational environmental management plan for that part must be submitted to and approved by the relevant planning authority for that part, or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, such approval to be in consultation with Lincolnshire County Council in its capacity as the planning waste authority, the relevant highway authority and the Environment Agency. (2) The operational environmental management plan must be substantially in accordance with the framework operational environmental management plan and must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Construction traffic management plan 14 (1) 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 for that part, or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, such approval to be in consultation with the relevant highway authority and West Lindsey District Council. (2) The construction traffic management plan must be substantially in accordance with the framework construction traffic management plan. (3) Before approving the construction traffic management plan the relevant planning authority must consult with the relevant highway authority. (4) The construction traffic management plan must be implemented as approved. Operational noise 15 (1) No part of numbered Works No. 1, No. 2 and No. 3 may commence until an operational noise assessment containing details of how the design of that numbered work has incorporated mitigation to ensure the operational noise rating levels as set out in the environmental statement are to be complied with for that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities. (2) The design as described in the operational noise assessment must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Public rights of way diversions 16 (1) No part of the authorised development may commence until a public rights of way management plan for any sections of public rights of way shown to be temporarily closed on the streets, access and rights of way plans for that part has been submitted to and approved by the relevant planning authority, or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities, such approval to be in consultation with the relevant highway authority. (2) The public rights of way management plan must be substantially in accordance with the outline public rights of way management plan. (3) The public rights of way management plan must be implemented as approved unless otherwise agreed with the relevant planning authority in consultation with the highway authority. Soils management 17 (1) No part of the authorised development may commence until a soil management plan (which must be substantially in accordance with the outline soil management plan as relevant to construction activities) for that part has been submitted to and approved by the relevant planning authority or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities. (2) All construction works associated with the authorised development must be carried out in accordance with the soil management plan approved pursuant to sub-paragraph ‎(1). (3) Prior to the date of final commissioning for any part of the authorised development, a soil management plan (which must be substantially in accordance with the outline soil management plan as relevant to operational activities) for that part must be submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities. (4) The operation of the authorised development must be carried out in accordance with the soil management plan approved pursuant to sub-paragraph ‎(3) and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. (5) Prior to the start of any decommissioning works for any part of the authorised development, a soil management plan (which must be substantially in accordance with the outline soil management plan as relevant to decommissioning activities) for that part must be submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple relevant planning authorities, each of the relevant planning authorities. (6) The decommissioning of the authorised development must be carried out in accordance with the soil management plan approved pursuant to sub-paragraph ‎(5). Skills, supply chain and employment 18 (1) No part of the authorised development may commence until a skills, supply chain and employment plan in relation to that part has been submitted to and approved by the relevant planning authority for that part or, where the part falls within the administrative areas of multiple planning authorities, each of the relevant planning authorities following consultation with Lincolnshire County Council. (2) The skills, supply chain and employment plan must be substantially in accordance with the outline skills, supply chain and employment plan. (3) Any plan under this paragraph must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with that part of the authorised development and the means for publicising such opportunities. (4) The skills, supply chain and employment plan must be implemented as approved and maintained throughout the operation of the relevant part of the authorised development to which the plan relates. Decommissioning and restoration 19 (1) Decommissioning of the authorised development must commence no later than 60 years following the date of final commissioning of the authorised development. (2) Unless otherwise agreed with the relevant planning authority, no later than 12 months prior to the date the undertaker intends to decommission any part of the authorised development, the undertaker must notify the relevant planning authority of the intended date of decommissioning. (3) Within 12 months of the date notified pursuant to sub-paragraph (2), the undertaker must submit to the relevant planning authority for that part a decommissioning environmental management plan for approval which must include a decommissioning traffic management plan and site waste management plan, in consultation with the Environment Agency. (4) Where the undertaker decides to decommission a part of the authorised development that falls within the administrative areas of multiple planning authorities, the decommissioning environmental management plan must be submitted to each relevant planning authority and the approval of all relevant planning authorities is required for the purposes of this paragraph. (5) The decommissioning environmental management plan must be substantially in accordance with the framework decommissioning environmental management plan. (6) No decommissioning works must be carried out until the relevant planning authority has approved the decommissioning environmental management plan submitted in relation to those works. (7) The decommissioning environmental management plan must be implemented as approved. (8) This requirement is without prejudice to any other consents or permissions that may be required to decommission any part of the authorised development.