The Able Marine Energy Park Development Consent Order 2014

Unless otherwise agreed in writing, any dispute arising between the undertaker and C.GEN under this Part of this Schedule must be determined by arbitration as provided in article 57 (arbitration).

55

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, maintenance, operation or failure of the authorised development any damage is caused to any property of C.GEN or C.GEN suffers any loss (including without limitation as a result of the failure by the undertaker to meet its obligations to C.GEN under this Part of this Schedule) the undertaker must—

• (a) bear and pay the cost reasonably incurred by C.GEN in making good such damage; and

• (b) indemnify C.GEN against all claims, demands, proceedings, costs, damages and expenses which may be made against, or recovered from, or incurred by it,

by reason or in consequence of any such damage or the exercise by the undertaker of the powers conferred by this Order.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of C.GEN, its officers, servants, contractors or agents.

• (3) C.GEN must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand with such assistance from C.GEN as may be reasonably necessary.

PART 6 — FOR THE PROTECTION OF C.RO

56

For the protection of C.RO the following provisions, unless otherwise agreed in writing between the undertaker and C.RO, have effect.

57

In this Part of this Schedule—

• “HST” means the harbour established by the Humber Sea Terminal Orders 1994 to 2006 for which C.RO is the statutory harbour authority;

• “HST approach channel” means the approach channel and manoeuvring area for HST; and

• “the Humber Sea Terminal Orders 1994 to 2006” has the same meaning as in article 1(2) of the Humber Sea Terminal (Phase III) Harbour Revision Order 2006[^f00039].

58

• (1) Before—

• (a) submitting any plans and sections for any tidal work in or that may affect the HST approach channel to the Secretary of State for approval under article 23 (tidal works not to be executed without approval of Secretary of State);

• (b) commencing any operation for the construction of a tidal work in or that may affect the HST approach channel where approval of the Secretary of State under article 23 is not required;

• (c) submitting any works schedules to the MMO in accordance with Schedule 8 (deemed marine licence) for works in or that may affect the HST approach channel;

• (d) submitting any plans and sections for any tidal work or operation in or that may affect the HST approach channel to the Conservancy Authority in accordance with Part 1 (for the protection of the Humber Conservancy) of this Schedule;

• (e) submitting any written scheme or proposed alteration in the design drawings that may affect the HST approach channel to the relevant planning authority in accordance with Schedule 11 (requirements); or

• (f) commencing any operation for the maintenance of a tidal work in or that may affect the HST approach channel

the Harbour Authority must consult C.RO in accordance with the procedure set out in sub-paragraph (2).

• (2) The consultation that the undertaker must carry out with C.RO under sub-paragraph (1) is as follows—

• (a) not less than 42 days prior to carrying out any activity to which sub-paragraph (1) applies the undertaker must submit to C.RO plans and sections of any tidal works or any written scheme or proposed alteration to the design drawings to which this paragraph applies and such further particulars as C.RO may, within 14 days from the day on which plans and sections are submitted under this paragraph, reasonably require; and

• (b) the undertaker must allow C.RO a period of 28 days beginning with the date on which the information required under sub-paragraph (2)(a) has been submitted to C.RO for C.RO to respond for the purposes of consultation, or if later a further period of 28 days from when such further particulars as required by C.RO are submitted by the undertaker to C.RO.

• (3) The undertaker must have regard to any consultation response received from C.RO under sub-paragraph (2) and must forward a copy of that response as part of the material it submits to the Secretary of State or the MMO or the Conservancy Authority or any written scheme or proposed alteration to the design drawings that it submits to the relevant planning authority, to which this paragraph applies, together with a statement explaining how it has had regard to any consultation response received from C.RO under this paragraph.

59

Any operations for the construction of any tidal work approved in accordance with this Order and to which paragraph 58 applies, once commenced, must be carried out by the undertaker so that C.RO does not suffer more interference than is reasonably practicable, and an officer or other appointed person of C.RO is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey such operations.

60

The Harbour Authority must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river relating to HST without the agreement of C.RO, and must ensure that access to such aids remains available during and following construction of any tidal works.

61

The undertaker must pay to C.RO the reasonable costs incurred by C.RO of such alterations to the marking and lighting of the navigational channel of the river as may be necessary during or in consequence of the construction of a tidal work or the use of the authorised development, including but without limitation, paying the reasonable costs of C.RO incurred in raising the height of the “IsoGWR.4 s” sector light positioned in the entrance of North Killingholme Haven at HST, in the event that activities related to the construction or operation of the authorised development obscure or obstruct the visibility of this sector light to vessels approaching HST and in its approach channels.

62

The undertaker must afford to C.RO such facilities as C.RO may reasonably require for the placing and maintenance on any tidal works of signals, tide-boards, tide-gauges or other apparatus for the safety or benefit of navigation.

63

The undertaker must provide and maintain on any tidal works such fog signalling apparatus as may be reasonably required by C.RO and must properly operate such apparatus during periods of restricted visibility for the purpose of warning vessels of the existence of the relevant works.

64

After the purpose of any temporary tidal work in or that may affect the HST approach channel has been accomplished and after a reasonable period of notice in writing from C.RO requiring it do so, the undertaker, without unnecessary delay, must remove that work or any materials relating to it which may have been placed below the level of high water by or on behalf of the undertaker and, on its failing to do so within a reasonable period after receiving such notice, C.RO may remove the same and charge the undertaker with the reasonable expense of doing so, which expense the undertaker must repay to C.RO.

65

If any tidal work is abandoned or falls into decay and is in such a condition so as to interfere or cause reasonable apprehension that it may interfere with navigation in the river so that it may affect HST or access to HST in any way, C.RO may by notice in writing require the undertaker either to repair or to restore the specified work, or any part of it, or to remove the work and restore the site of that work to its condition prior to the construction of the specified work, to such an extent and to such limits as C.RO thinks proper acting reasonably.

66

• (1) The undertaker must not allow vessels associated with the construction of the authorised development to obstruct or remain in the approach channel when vessels are arriving at and sailing from HST.

• (2) C.RO must provide the undertaker with a schedule of movements to which sub-paragraph (1) applies on a weekly basis and must give the undertaker reasonable notice of any changes to scheduled sailings or other vessel movements of which it has informed the undertaker.

Dredging

67

• (1) The undertaker must not dredge in the HST approach channel without prior approval of C.RO and C.RO must not dredge in the turning area without prior approval of the undertaker.

• (2) Any dredging that is carried out with C.RO’s or the undertaker’s approval must be carried out in accordance with any conditions attached to that approval.

• (3) C.RO’s and the undertaker’s approval under sub-paragraph (1) must not be unreasonably withheld or delayed and if by the end of the period of 5 days beginning with the date on which the dredging request has been supplied to C.RO or the undertaker, C.RO or the undertaker, as the case may be, has not intimated its disapproval of the request and the grounds of its disapproval each party may serve upon the other written notice requiring the other to intimate its approval or disapproval within a further period of 5 days beginning with the date upon which it receives written notice from the undertaker.

• (4) If by the end of the further period of 5 days the other party has not intimated its approval or disapproval, it is deemed to have approved the request as submitted.

Railway

68

The undertaker must not in the exercise of the powers conferred by this Order unreasonably prevent C.RO’s access to the railway on the Order land in connection with the use of HST.

69

The construction and operation of the authorised development must not cause unreasonable interference with or unreasonably prevent the free, uninterrupted and safe use by C.RO of the railway crossing the Order land in connection with the use of HST.

Rosper Road

70

The undertaker must not in the exercise of the powers conferred by this Order unreasonably prevent C.RO’s access to and use of Rosper Road.

71

The construction and operation of the authorised development must not unreasonably interfere with or obstruct the free, uninterrupted and safe use of Rosper Road or any traffic on Rosper Road, unless an alternative access that is suitable and commodious is provided prior to and for the duration of any such interference.

Recovery of expenses

72

• (1) C.RO may recover from the undertaker any reasonable expenses however caused which C.RO incur—

• (a) arising from the approval of plans and the inspection of the construction or carrying out of any tidal work;

• (b) by reason of any act or omission of the undertaker, or of any person in their employ, or of their contractors or workmen whilst engaged upon any tidal work or the construction and operation of the authorised development;

• (c) in dredging away any accumulation consequent upon the execution or maintenance of a tidal work;

• (d) in obtaining and depositing in the river such material as is necessary in the reasonable opinion of C.RO to protect C.RO’s operations from the effects of scouring of the river bed consequent upon the execution or maintenance of a tidal work;

• (e) in altering any mooring in any way which in the reasonable opinion of C.RO may be rendered necessary by reason of the execution or maintenance of a tidal work;

• (f) in carrying out reasonable surveys, inspections, tests and sampling within and of the river (including the bed and banks of the river) —

• (i) to establish the marine conditions prevailing prior to the construction of a tidal work in such area of the river as C.RO have reasonable cause to believe may subsequently be affected by any siltation, scouring or other alteration which the undertaker is liable to remedy under this paragraph; and

• (ii) where C.RO have reasonable cause to believe that the construction of a tidal work is causing or has caused any siltation, scouring or other alteration as mentioned in sub-paragraph (i);

• (g) arising from the carrying out of construction of a tidal work or the failure of a tidal work or the undertaking by C.RO of works or measures to prevent or remedy danger or impediment to navigation or damage to any property arising from such carrying out of construction, exercise or failure.

• (2) Subject to sub-paragraph (3), the undertaker is not required to pay any expense unless—

• (a) C.RO has given the undertaker reasonable notice that it intends to incur the expense including details of the works proposed and an estimate for them; and

• (b) the undertaker has given its consent to C.RO incurring that expense, which may include the undertaker offering to carry out any works to which this paragraph applies with the consent of C.RO.

• (3) The undertaker’s approval under sub-paragraph (2)(b) must not be unreasonably withheld or delayed, and if by the end of the period of 14 days beginning with the date on which the notice has been supplied to the undertaker, the undertaker has not intimated approval or disapproval, the undertaker is deemed to have approved the request as submitted;

• (4) Nothing in this paragraph prevents C.RO from—

• (a) carrying out works to which this paragraph applies without the prior consent of the undertaker; or

• (b) recovering expenses from the undertaker for any such work it has carried out;

where such works are in the reasonable opinion of C.RO urgently necessary to ensure the safe and efficient operation of HST and C.RO must give notice of its intention to carry out such works to the undertaker.

• (5) Where C.RO has carried out works under sub-paragraph (4) it must without undue delay submit the expenses for those works including any details of the works to the undertaker for approval and the undertaker’s approval for them must not be unreasonably withheld.

• (6) Any amount of expenditure approved by the undertaker under this paragraph must be paid to C.RO by the undertaker within 28 days of a demand for it.

73

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, maintenance, operation or failure of the authorised development any damage is caused to any property of C.RO (including HST) or C.RO suffers any loss (including without limitation as a result of the failure by the undertaker to meet its obligations to C.RO under this Part of this Schedule) the undertaker must—

• (a) bear and pay the cost reasonably incurred by C.RO in making good such damage; and

• (b) indemnify C.RO against all claims, demands, proceedings, costs, damages and expenses which may be made against, or recovered from, or incurred by it,

by reason or in consequence of any such damage or the exercise by the undertaker of the powers conferred by this Order.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of C.RO, its officers, servants, contractors or agents.

• (3) C.RO must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand with such assistance from C.RO as may be reasonably necessary.

74

With the exception of any duty owed by C.RO to the undertaker which is expressly provided for in this Part of this Schedule, nothing in this Order is to be construed as imposing upon C.RO either directly or indirectly, any duty or liability to which C.RO would not otherwise be subject and which is enforceable by proceedings before any court.

75

Unless otherwise agreed in writing, any dispute arising between the undertaker and C.RO under this Part of this Schedule is to be determined by arbitration as provided in article 57 (arbitration).

PART 7 — FOR THE PROTECTION OF PHILLIPS 66 LIMITED

76

In this Part of this Schedule—

• “P66” means Phillips 66 Limited (Company number 00529086); and

• “the pipelines” means the 4 pipelines crossing the Order land owned and operated by P66 used at various times for the passage of multi-purpose hydrocarbon fuels and all ancillary apparatus including such works and apparatus properly appurtenant to the pipelines as are specified by section 65(2) of the Pipe-Lines Act 1962[^f00040].

77

Before commencing any part of the authorised development or the operation of the authorised undertaking which would have an effect on the operation and maintenance of the pipelines and access to them, the undertaker must submit to P66 plans and sections of the proposed works and such further particulars as P66 may, within 28 days from the day on which plans and sections are submitted under this paragraph, reasonably require.

78

No works comprising any part of the authorised development or the operation of the authorised undertaking which would have an effect in full or in part on the operation, maintenance, repair, replacement and abandonment of the pipelines and access to them are to be commenced until plans and sections in respect of those works submitted under paragraph 77 have been approved by P66.

79

Any approval of P66 required under paragraph 78 must not be unreasonably withheld or delayed but may be given subject to such reasonable requirements as P66 may require to be made for—

• (a) the continuing safety and operational viability of the pipelines; and

• (b) the requirement for P66 to have uninterrupted and unimpeded access to the pipelines at all times.

PART 8 — FOR THE PROTECTION OF NATIONAL GRID

80

In this Part of this Schedule—

• “apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant as defined in the Electricity Act 1989[^f00041], belonging to or maintained by National Grid;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;

• “electric line” has the same meaning as contained in section 64(1) of the Electricity Act 1989;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon land;

• “National Grid” means National Grid Plc, company number 4031152, registered at Grand Buildings, 1-3 Strand, London, WC2N 5EH, and includes any reference to National Grid Gas Plc.; and

• “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed.

81

For the protection of National Grid the following provisions, unless otherwise agreed in writing between the undertaker and National Grid, have effect.

82

• (1) Not less than 56 days before commencing the execution of any works authorised by this Order that are near to or in the vicinity of (as defined by reference to the relevant distances contained in the policies applied by National Grid’s ENA43-8 (Electric Lines) and T/SP/SSW/22 (Gas Pipelines) or such other standards as may supersede them from time to time), or will or may affect, any apparatus the removal of which has not been required by the undertaker under the Order, the undertaker must submit to National Grid a plan.

• (2) In relation to works which will or may be situated within the tolerances set out in ENA 43-8 (Electricity Lines) and T/SP/SSW/22 (Gas Pipelines) respectively from any apparatus measured in any direction the plan to be submitted to National Grid under sub-paragraph (1) must be detailed describing—

• (a) the exact position of the works;

• (b) the level at which these works are proposed to be constructed or renewed;

• (c) the manner of their construction or renewal;

• (d) the position of all apparatus; and

• (e) by way of detailed drawings all proposed works.

• (3) The undertaker must not commence the construction or renewal of any works to which sub-paragraph (2) applies until National Grid has given written approval of the plan so submitted.

• (4) Any approval of National Grid required under sub-paragraph (3)—

• (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7);

• (b) must not be unreasonably withheld; and

• (c) is deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.

• (5) In relation to a work to which sub-paragraph (2) applies, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

• (6) Works executed under this Order must be executed only in accordance with the plan, submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (7) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid is entitled to watch and inspect the execution of those works.

• (7) Where National Grid requires any protective works to be carried out either by themselves or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to National Grid’s satisfaction prior to the carrying out of works authorised by the Order and National Grid must give 28 days’ notice of such works from the date of submission of a plan in accordance with sub paragraph (1) (except in an emergency).

• (8) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (9) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act, but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable afterwards and must—

• (a) comply with sub-paragraph (6) in so far as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (10) at all times.

• (10) At all times when carrying out any works authorised under this paragraph the undertaker must comply with National Grid’s policies for safe working in proximity to electrical or gas apparatus ENA43-8 and T/SP/SSW/22 respectively.

83

Subject to the following provisions of this paragraph, the undertaker must repay to National Grid on demand all charges, costs and expenses reasonably incurred by National Grid in connection with, the inspection and protection of any apparatus which may be required in consequence of the execution of any such works as are required under this Part of this Schedule including—

• (a) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works if applicable; and

• (b) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

84

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, maintenance, operation or failure of the authorised development any damage is caused to any apparatus or property of National Grid or there is any interruption in any service provided by National Grid or National Grid suffers any loss (including without limitation as a result of the failure by the undertaker to meet its obligations to National Grid under this Part of this Schedule) the undertaker must—

• (a) bear and pay the cost reasonably incurred by National Grid in making good such damage or restoring the supply; and

• (b) indemnify National Grid against all claims, demands, proceedings, costs, damages and expenses which may be made against, or recovered from, or incurred by it,

by reason or in consequence of any such damage, interruption or the exercise by the undertaker of the powers conferred by this Order.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of National Grid, its officers, servants, contractors or agents.

• (3) National Grid must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand with such assistance from National Grid as may be reasonably necessary.

85

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on or after the date on which this Order is made.

86

If in consequence of the exercise of any powers under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

General

87

Any dispute arising between the undertaker and National Grid under this Schedule is to be determined by arbitration as provided in article 57 (arbitration).

PART 9 — FOR THE PROTECTION OF E.ON UK PLC

88

In this Part of this Schedule—

• “the outfall and intake” means that part of the pipelines which are located in the river at grid references (517455.3871, 419565.3965) and (517396.2407, 419527.8371) respectively;

• “the pipelines” means the intake and outfall pipelines situated within plots 04023, 04024, 04027, 04028, 04029, 05003 to 05016 (inclusive), 05019, 05026, 05027, 05028, 05036, 05037, 05038, 05044, and 06006 which are the subject of a Deed of Easement dated 9th July 2004 between Able UK Limited and E.ON; and

• “the river” means the River Humber.

89

For the protection of E.ON the following provisions, unless otherwise agreed in writing between the undertaker and E.ON, have effect.

90

Before extinguishing any existing rights for E.ON to keep, inspect, renew and maintain its infrastructure on or in the Order land, the undertaker, with the agreement of E.ON, must create a new right to keep, inspect, renew and maintain the infrastructure in the same location that is reasonably convenient for E.ON, such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 57 (arbitration).

The pipelines

91

• (1) No stage of the authorised development is to commence until a construction method statement to protect the pipelines (offshore and onshore) and intake and outfall has been prepared by the undertaker and submitted to and agreed with E.ON.

• (2) The construction method statement must include provisions in respect of—

• (a) the location and methods of reinforcement of crossing points over the pipelines;

• (b) a mechanism for the enforcement of the undertaker’s use of designated crossing points over the pipelines and the agreed reinforcement methods; and

• (c) adoption of a prior notification and consent regime which would require the undertaker to—

• (i) seek E.ON’s consent to the carrying out of the proposed development within the vicinity of the pipelines and intake and outfall, such consent not to be unreasonably withheld; and

• (ii) notify E.ON of its intention to carry out any development within the vicinity of the pipelines and intake and outfall, such notification to be provided at least 48 hours prior to any such development occurring; and

the authorised development must be carried out in accordance with the approved construction method statement.

General

92

Any dispute arising between the undertaker and E.ON under this Part of this Schedule is to be determined by arbitration as provided in article 57 (arbitration).

PART 10 — FOR THE PROTECTION OF CENTRICA PLC

93

For the protection of Centrica the following provisions, unless otherwise agreed in writing between the undertaker and Centrica, have effect.

94

In this Part of this Schedule, “the pipelines” means Centrica’s cooling water pipelines and condensate pipeline.

95

Before extinguishing any existing rights for Centrica to keep, inspect, renew and maintain its infrastructure on, over or in the Order land or to cross the Order land to access its infrastructure, the undertaker, with the agreement of Centrica, must create a new right to keep, inspect, renew and maintain the infrastructure in the same location or a new right of access that is reasonably convenient for Centrica, such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 57 (arbitration).

The pipelines

96

• (1) No stage of the authorised development is to commence until a construction method statement to protect the pipelines (offshore and onshore) and intake and outfall has been prepared by the undertaker and submitted to and agreed with Centrica.

• (2) The construction method statement must include provisions in respect of—

• (a) the location and methods of reinforcement of crossing points over the pipelines and restrictions on building and altering the ground level over the pipelines elsewhere;

• (b) a mechanism for the enforcement of the undertaker’s use of designated crossing points over the pipelines and the agreed reinforcement methods; and

• (c) adoption of a prior notification and consent regime which would require the undertaker to—

• (i) seek Centrica’s consent to the carrying out of the proposed development within the vicinity of the pipelines and intake and outfall, such consent not to be unreasonably withheld; and

• (ii) notify Centrica of its intention to carry out any development within the vicinity of the pipelines and intake and outfall, such notification to be provided at least 48 hours prior to any such development occurring; and

the authorised development must be carried out in accordance with the approved construction method statement.

97

Before extinguishing any existing rights for Centrica to pass along parcel 03009 (Station Road), the undertaker, with the agreement of Centrica, must create a new right of way for Centrica, such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 57 (arbitration).

Power station access road

98

The undertaker must not make use of the power station access road to access the Order land without the consent of Centrica and on such conditions as Centrica may apply.

General

99

Any dispute arising between the undertaker and Centrica under this Schedule must be determined by arbitration as provided in article 57 (arbitration).

PART 11 — FOR THE PROTECTION OF ANGLIAN WATER

100

• (1) For the protection of Anglian Water, the following provisions, unless otherwise agreed in writing between the undertaker and Anglian Water, have effect.

• (2) In this Part of this Schedule—

• “apparatus” means any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage, andany drain or works vested in Anglian Water under the Water Industry Act 1991[^f00042];any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102 (4) of the Water Industry Act 1991 or an agreement to adopt made under section 104 of that Act,

and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 of that Act) and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “alternative apparatus” means alternative apparatus adequate to enable Anglian Water to fulfil its statutory functions in not less efficient a manner than previously;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land; and

• “plan” includes sections, drawings, specifications and method statements.

101

The undertaker must not interfere with, build over or near to any apparatus within the Order land or execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 3000 millimetres of the apparatus, unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and such provision being brought to the attention of any agent or contractor responsible for carrying out any work on behalf of the undertaker.

102

The alteration, extension, removal or re-location of any apparatus must not be implemented until—

• (a) any requirement for any permits under the Environmental Permitting (England and Wales) Regulations 2016 for—

• (i) the sludge and brine waste pipelines; and

• (ii) the South Killingholme Sewage Treatment Works,

and any other associated consents are obtained, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such re-location are approved, such approvals from Anglian Water not to be unreasonably withheld or delayed; and

• (b) the undertaker has made the appropriate application required under the Water Industry Act 1991 together with a plan and section of the works proposed and Anglian Water has agreed all of the contractual documentation required under the Water Industry Act 1991, such agreement not to be unreasonably withheld or delayed; and such works to be executed only in accordance with the plan, section and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it.

103

In the situation where, in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which apparatus is placed and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension is to take place until Anglian Water has established to its reasonable satisfaction, contingency arrangements in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus.

104

Regardless of any provision in this Order or anything shown on any plan, the undertaker must not acquire any apparatus otherwise than by agreement, and before extinguishing any existing rights for Anglian Water to use, keep, inspect, renew and maintain its apparatus in the Order land, the undertaker, with the agreement of Anglian Water, must create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for Anglian Water such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 57 (arbitration).

105

If in consequence of the exercise of the powers conferred by the Order the access to any apparatus is materially obstructed the undertaker must provide such alternative means of access to such apparatus as will enable Anglian Water to maintain or use the apparatus no less effectively than was possible before such obstruction.

106

If for any reason or in consequence of the construction of any of the works referred to in paragraphs 101 to 103, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker must,

• (a) bear and pay the cost reasonably incurred by Anglian Water in making good any damage or restoring the supply; and

• (b) make reasonable compensation to Anglian Water for any other expenses, loss, damages, penalty or costs incurred by Anglian Water,

by reason or in consequence of any such damage or interruption.

107

The undertaker must only exercise its powers of compulsory acquisition over the interests of Anglian Water in the Order land as a last resort and following consultation with Anglian Water and the resolution of any arbitration under article 57.

PART 12 — FOR THE PROTECTION OF BETHANY JAYNE LTD

108

Before interfering with or extinguishing any existing rights forBethany Jayne Ltd to—

• (a) pass along parcel 03009 (Station Road); or

• (b) use services and utilities in, on or over the Order land which serve land owned by Bethany Jayne Limited at the date of the coming into force of this Order,

the undertaker, with the agreement ofBethany Jayne Ltd, must create substitute rights (including appropriate ancillary rights of entry for the purposes of connection, maintenance, repair and renewal) that are reasonably convenient forBethany Jayne Ltd, such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 57 (arbitration).

PART 13 — FOR THE PROTECTION OF ROYAL MAIL GROUP LTD

109

• (1) For the protection of Royal Mail Group Ltd (‘Royal Mail’) the following provisions, unless otherwise agreed in writing between the undertaker and Royal Mail, have effect.

• (2) No part of the authorised development is to be occupied until improvements to the A1173 / Pelham Road junction (or alternative mitigation measures to be approved in writing by the relevant planning authority, following consultation with Royal Mail), have been implemented in accordance with details approved by the relevant planning authority in consultation with Royal Mail.

• (3) Such improvements must mitigate the effects of the proposed development on the operation of this junction and must be designed in accordance with normal standards.

• (4) The undertaker must have due regard to any consultation response received from Royal Mail.

110

Any dispute arising between the undertaker and Royal Mail Group under this Part of this Schedule must be determined by arbitration as provided in article 57 (arbitration).

PART 14 — FOR THE PROTECTION OF ASSOCIATED BRITISH PORTS

111

In this Part of this Schedule—

• “AB Ports” means Associated British Ports in its capacity as harbour authority for the Ports of Immingham and Grimsby; and

• “construction” includes execution and placing and maintenance, extension or enlargement and “construct” and “constructed” are to be construed accordingly.

112

The provisions of this Part of this Schedule, unless otherwise agreed in writing between the undertaker and AB Ports, have effect for the protection of AB Ports.

113

• (1) If—

• (a) during the construction of a tidal work or within 10 years after the completion of that work and wholly or partly in consequence of its construction; or

• (b) during the exercise of the powers to dredge conferred by this Order or within 10 years of the exercise of those powers and wholly or partly in consequence of the exercise of those powers,

there is caused or created an accumulation or erosion, the undertaker, if so requested by AB Ports acting reasonably, must remedy such accumulation or erosion to the extent attributable to such construction or exercise of such powers in the manner specified in sub-paragraph (3) and, if the undertaker refuses or fails so to do, AB Ports may itself cause the work to be done and may recover the reasonable cost of doing so from the undertaker.

• (2) If any accumulation or erosion in consequence of such construction or exercise of the powers to dredge arises within such period of 10 years and is remedied in accordance with sub-paragraph (3), any recurrence of such accumulation or erosion must from time to time be so remedied by the undertaker during that period of 10 years and at any time afterwards.

• (3) For the purposes of sub-paragraphs (1) and (2) above—

• (a) in the case of an accumulation, the remedy is to be its removal; and

• (b) in the case of erosion, the remedy is to be the carrying out of such reconstruction works,

and other protective works or measures as may be necessary.

• (4) In the event that surveys, inspections, tests and sampling carried out under paragraph 15 of Part 1 of this Schedule establish that such accumulation or erosion would have been caused in any event by factors other than the construction of a tidal work or the exercise of the powers to dredge, the undertaker is liable to remedy such accumulation or erosion only to the extent that the same is attributable to such construction or exercise.

• (5) For the purposes of sub-paragraph (1) above the date of completion of a work is the date on which it is brought into use.

114

In exercising the powers conferred by this Order to construct the authorised development the undertaker must use all reasonable endeavours to ensure that the movement of construction vessels does not obstruct or interfere with the operation of the Ports of Immingham and Grimsby.

115

If AB Ports secures access between parcels 03009, 03014 and 03016 (Station Road) to the railway for the purposes of construction, operation and maintenance of a siding leased to it and for no other purpose, then before extinguishing or interfering with any existing rights for AB Ports to pass along those parcels, the undertaker, with the agreement of AB Ports, must create a new right of way for vehicular traffic that is reasonably convenient for AB Ports for that purpose, such agreement not to be unreasonably withheld or delayed.

116

The undertaker, before carrying out any works or exercising the powers conferred by article 15 (street works) in relation to the Rosper Road, the Humber Road, the A160 or the A180, must consult AB Ports and in carrying out the works or exercising such power must ensure that access to the Port of Immingham is not materially impeded.

117

• (1) The undertaker must pay to ABP Ports all costs, charges, damages and expenses which may be occasioned to or reasonably and properly incurred by ABP Ports by reason of or arising from—

• (a) any accumulation or erosion in consequence of the construction of a tidal work or the exercise of the powers to dredge conferred by this Order;

• (b) any surveys, inspections, tests or sampling reasonably carried out to establish whether such accumulation or erosion is occurring or has occurred; or

• (c) any obstruction or interference referred to in paragraphs 114 or 115.

• (2) The undertaker must indemnify ABP Ports from and against all claims and demands arising out of, or in connection with such accumulation, erosion, obstruction or interference mentioned in sub-paragraph (1).

• (3) ABP Ports must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker.

• (4) Nothing in this paragraph imposes any liability on the undertaker to the extent that any costs, charges, damages or expenses referred to in sub-paragraph (1) or (2) are attributable to negligence on the part of ABP Ports or any person in its employ or its contractors or agents.

118

Any difference arising between the undertaker and AB Ports under this Part must be determined by arbitration as provided in article 57 (arbitration).

PART 15 — FOR THE PROTECTION OF THE OIL AND PIPELINES AGENCY

119

• (1) Unless agreed otherwise in writing between the undertaker and the Oil and Pipelines Agency, the provisions of this Part of this Schedule will apply.

• (2) This paragraph applies if any part of the river at, or adjacent to, the Oil and Pipelines Agency’s facility on the river becomes subject to sedimentation, scouring, currents or wave action which—

• (a) is, during the period beginning with the commencement of the construction of a tidal work and ending with the expiration of 10 years after the date on which all the tidal works constructed under this Order are completed, wholly or partly caused by a tidal work; and

• (b) for the safety of navigation or for the protection of the Oil and Pipelines Agency’s facility on the river, should in the reasonable opinion of the Oil and Pipelines Agency be prevented, mitigated or made good.

• (3) The undertaker must either—

• (a) pay to the Oil and Pipelines Agency any additional expense to which the Oil and Pipelines Agency may reasonably be put in preventing, mitigating or making good the sedimentation, scouring, currents or wave action so far as required by the needs of traffic in, or the flow or regime of, the river at, or adjacent to, the Oil and Pipelines Agency’s facility so far as (in any case) it is attributable to the tidal work; or

• (b) carry out the necessary dredging at its own expense and subject to the prior approval of the Oil and Pipelines Agency, such prior approval not to be unreasonably withheld or delayed,

and the reasonable expenses payable by the undertaker under this paragraph include any additional expenses accrued or incurred by the Oil and Pipelines Agency in carrying out surveys or studies in connection with the implementation of this paragraph.

120

Before extinguishing any existing rights for the Oil and Pipelines Agency to pass along parcel 03009 (Station Road), the undertaker must, with the agreement of the Oil and Pipelines Agency, create a new right of way for the Oil and Pipelines Agency, such agreement not to be unreasonably withheld or delayed, and to be subject to arbitration under article 57 (arbitration).

SCHEDULE 10 — LIMITS OF HARBOUR

1

The limits of the harbour are the boundaries of the polygon whose vertices are given by the co-ordinates in the Table and shown with the corresponding labels on the Plan.

Latitude	Longitude	Label
53°38.965’N	00°12.701’W	H1
53°38.985’N	00°12.657’W	H2
53°39.525’N	00°13.367’W	H3
53°39.492’N	00°13.465’W	H4
53°39.370’N	00°13.304’W	H5
53°39.390’N	00°13.260’W	H6

SCHEDULE 11 — REQUIREMENTS

1

In this Schedule—

• “environmental statement” means the statement submitted under regulation 5(2)(a) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009[^f00044], together with the shadow Habitats Regulations Assessment report, statements of common ground concluded with Natural England, the MMO and the Environment Agency , any further environmental documents certified by the Secretary of State pursuant article 55A (certification of further environmental documents) and the following documents submitted by the undertaker and certified under article 55 (certification of plans etc)—ReferenceTitleEX 3.1Able Humber Port Northern Area Planning Committee Meeting Notes Feb 2012EX 7.7AMEP Material Management PlanEX 7.8Able Marine Energy Park Dredging StrategyEX 8.5Validation of 3D Flow and Sediment Models used for Assessment of Impacts of AMEP on Fine Sediment TransportEX 8.6Maintenance Dredge VariabilityEX 8.7AModelling of Final Quay Design (Supplement to Annex 8.1 of the ES)EX 8.8Update to Longer Term Morphology Predictions in the Region of the Centrica and E.ON intakes and outfallsEX 8.9Historical Review of Morphological Change North of HIT (2001–2010)EX 8.10Long-term Morphological Change at Embayment South of QuayEX 8.11Water Framework Directive – Compensation SiteEX 8.12Water Framework Directive – Project WideEX 8.12AWater Framework DirectiveEX 8.13IOTA Dredge Appropriate AssessmentEX 8.14Hydraulic & Sediment Regime – Piled StructuresEX 8.15Effect of Moored Vessels on FlowsEX 8.16Chapter 8 Signposting DocumentEX 9.7Assessment of the effects of relocations of the E.ON and Centrica outfalls on thermal recirculationEX 10.4Effect of Dredged Material Disposal on 1) Subtidal and Intertidal Features and 2) Aquatic EcologyEX 10.5Supporting Information on Harbour Porpoises in the Humber EstuaryEX 10.6Impact of Berthing Pocket ConstructionEX 10.7Soft Start and SealsEX 10.8Disposal Site Characterisation and Impact AssessmentEX 10.9Environmental Management and Monitoring Plan: 1. Marine Works (Draft)EX 11.14Biotopes of the Intertidal and Subtidal Sediments around the AMEP site, in the Humber EstuaryEX 11.16Assessment Update for Breeding BirdsEX 11.17AMEP Vascular Plant SurveysEX 11.18Sensitive Months for Birds Using IntertidalEX 11.19AMEP Bat Surveys Supplementary NoteEX 11.20Draft Great Crested Newts Licence Application – acknowledgement of receiptEX 11.22The Impact of SPMTs and Cranes on the Operational BufferEX 11.23Immediate Habitat Losses Within the Designated SiteEX 11.24Medium and Long Term Losses Within the Designated SiteEX 11.26Pumping StationEX 11.26AWater Vole MitigationEX 11.27Killingholme Phase 2 SurveyEX 11.27ABreeding Bird MitigationEX 11.28Great Crested Newt Survey (2006)EX 11.29Water Vole Survey (2009)EX 11.30Location of Replacement Ponds for Great Crested NewtsEX 11.31M456 Invertebrate SurveyEX 11.32Draft Environmental Monitoring and Management Plan: 2. Terrestrial Habitat – KillingholmeEX 11.33In combination Effects on CurlewEX 13.2Addendum to Flood Risk AssessmentEX 14.4Simulation Videos and StillsEX 15.3A160 Killingholme Humber Port Access, Stage 1 Road Safety AuditEX 15.4A160 Killingholme Humber Port Access, Stage 1 Road Safety Audit Designer’s ResponseEX 15.5Additional Junction RSAEX 19.1Lighting Lux PlansEX 20.3Additional Landscape MasterplanEX 28.1Compensation Site Interim Report on Detailed DesignEX 28.2Old Little Humber Farm: Wet Grassland Creation, Management and Monitoring PlanEX 28.3Final Compensation Proposals, Parts 1–10EX 31.5Re-Use of In Situ Material at CCS (Inc. Cherry Cobb Sands Phase 2 Site Investigation)EX 31.5AFactual Report on Geo–Environmental Ground Investigation, Cherry Cobb SandsEX 34.2An Assessment of Temporal Variation of Benthic Invertebrate Communities in the Humber EstuaryEX 35.12Farmland Disturbance at Cherry Cobb SandsEX 35.13Badger Bait–Marking SurveyEX 35.14Cherry Cobb Sands Compensation Site: Bird Survey Results August 2010 to April 2011EX 36.2North Bank Flood Defence Crest HeightEX 36.3Residual Flood Risk to Property on North BankEX 36.4Embankment Inspection and Maintenance ReportEX 44.1Supplementary In-Combination AssessmentEX 44.2Addendum to EX 44.1

• ; and

• “the water framework directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23rd October 2010 establishing a framework for Community action in the field of water policy[^f00045].

Time limits

2

The authorised development must be begun within 7 years of the date on which this Order comes into force.

Stages of the development

3

No part of the authorised development is to commence until a written scheme setting out all the stages of the authorised development has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority.

Cargo restriction

4

• (1) The cargo for which the authorised development is authorised to handle the embarkation and disembarkation is restricted to items associated with offshore renewable energy infrastructure and any cargo that is incidental or ancillary to such items.

• (2) The development described at paragraph 3(b) of Schedule 1 (authorised development) is restricted to items associated with components and parts for offshore renewable energy infrastructure.

Detailed design approval

5

Except where the authorised development is carried out in accordance with the drawings listed in paragraph 6, no authorised development may commence until details of the layout, scale and external appearance of the authorised development so far as they do not accord with the drawings listed in paragraph 6 have been submitted to and approved by the relevant planning authorities, and the authorised development must be carried out in accordance with the approved details.

6

The authorised development must be carried out in accordance with the drawings listed below, unless otherwise approved by the relevant planning authority in accordance with paragraph 5 and the altered development falls within the Order limits and has no significant environmental effects beyond those assessed in the environmental statement—

• (a) the application drawings, being those drawings with reference TR030001/APP/23a and TR030006/APP/16 comprising—

• (i) drawing “AME-036-20001 (Rev B)”;

• (ii) drawing “AME-036-20002 (Rev B)”;

• (iii) drawing “AME-036-20003 (Rev A)”;

• (iv) drawing “AME-02009”;

• (v) drawing “AME-036-20004 (Rev B)”;

• (vi) drawing “AME-02011 (Rev C)”;

• (vii) drawing “AME-02012”;

• (viii) drawing “AME-02013”;

• (ix) drawing “AME-02014”;

• (x) drawing “AME-02016”;

• (xi) drawing “AME-02017”; ...

• (xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xiii) drawing “ALP-002-00011 (Rev D)”;

• (b) the design drawings, being those drawings with reference TR030006/APP/17 comprising—

• (i) drawing “AME-036-10001 (Rev C)”;

• (ii) drawing “AME-036-10002 (Rev B)”;

• (iii) drawing “AME-036-10005 (Rev B)”;

• (iv) drawing “AME-036-10006 (Rev B)”;

• (v) drawing “AME-036-10007 (Rev B)”;

• (vi) drawing “AME-036-010008 (Rev C)”;

• (vii) drawing “AME-036-10009 (Rev C) or AME-036-10009 (Rev D)” ;

• (viii) drawing “AME-036-10010 (Rev C) or AME-036-10010 (Rev D)”;

• (ix) drawing “AME-036-10011 (Rev C)”;

• (x) drawing “AME-036-10012 (Rev C)”; and

• (xi) drawing “AME-036-01013 (Rev C)”;

• (xii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (xiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the sections, being those drawings with reference TR030006/APP/17 comprising—

• (i) drawing “AME-036-10003 (Rev B)”; and

• (ii) drawing “AME-036-10004 (Rev C)”.

Provision of landscaping

7

No stage of the authorised development, other than tidal works, is to commence until a written landscaping scheme has been submitted to and approved by the relevant planning authority after consultation with National Grid. The landscaping scheme must include 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 furniture, refuse or other storage units, signs and lighting;

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

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

• (i) retained historic landscape features and proposals for restoration, where relevant; and

• (j) implementation timetables for all landscaping works.

8

• (1) All landscaping works must be carried out in accordance with the landscaping scheme approved under requirement 7 and to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

• (2) The landscaping works must be carried out in accordance with implementation timetables approved under requirement 7.

• (3) Any tree or shrub planted as part of an approved landscaping scheme that, within a period of five 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 the relevant planning authority gives written consent to any variation.

Trees

9

No stage of the authorised development, other than tidal works, is to commence until written details of any proposed tree planting and the proposed times of planting have been approved by the relevant planning authority after consultation with National Grid; and all tree planting must be carried out in accordance with those details and at those times.

Highway access

10

• (1) No stage of the authorised development is to commence until for that stage, written details of the siting, design and layout of any new permanent or temporary means of access to a public highway to be used by vehicular traffic, or any alteration to an existing means of access to a public highway used by vehicular traffic, has, after consultation with the relevant highway authority, Royal Mail Group Ltd and Centrica plc, been submitted to and approved by the relevant planning authority.

• (2) The undertaker must have regard to any consultation responses received.

• (3) The public highway accesses must be constructed, or, as the case may be, altered, in accordance with the approved details.

• (4) No stage of the authorised development is to commence until for that stage, a written scheme (the “Access Management Scheme”) has, after consultation with the relevant highway authority, been submitted to and approved by the relevant planning authority.

• (5) The Access Management Scheme must be carried out in accordance with the approved details.

Public rights of way

11

• (1) No stage of the authorised development is to commence that would affect North Lincolnshire Footpath 50 or East Riding of Yorkshire Paull Footpath 6 until a written implementation plan and specification for the making up of an alternative right of way has, after consultation with the relevant highway authority, been submitted to and approved by the relevant planning authority.

• (2) The alternative Footpath 50 and Paull Footpath 6 must be implemented in accordance with the relevant approved plan and specification.

Fencing and other means of enclosure

12

• (1) No stage of the authorised development is to commence until, for that stage, written details of all proposed permanent and temporary fences, walls or other means of enclosure have been submitted to and approved by the relevant planning authority.

• (2) Any temporary fencing must be removed on completion of the authorised development.

• (3) Any approved permanent fencing of the authorised development must be completed before the authorised development is brought into use.

Surface water drainage

13

• (1) No stage of the authorised development is to commence until a detailed surface water drainage strategy (based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, and including means of pollution control and funding arrangements) for that stage has been submitted to and approved by the local planning authority, after consultation with the Environment Agency, Anglian Water, E.ON and Centrica plc.

• (2) The undertaker must have regard to any consultation responses received.

• (3) The authorised scheme must be constructed in accordance with the approved surface water drainage strategy including any timetable embedded within it.

Foul water drainage

14

• (1) No stage of the authorised development is to commence until a detailed foul water drainage strategy (including means of pollution control and funding arrangements) for that stage has been submitted to and approved by the relevant local planning authority, after consultation with the Environment Agency, Anglian Water, E.ON and Centrica plc.

• (2) The undertaker must have regard to any consultation responses received.

• (3) The authorised scheme must be constructed in accordance with the approved foul water drainage strategy including any timetable embedded within it.

River basin management

15

• (1) The authorised development must not commence until a monitoring and management strategy document has been submitted to and approved by the Environment Agency, the purpose of such strategy document being to ensure that the authorised development is carried out in compliance with the water framework directive.

• (2) The monitoring and management strategy document must in particular consider the spatial and temporal extent of the impact of the approved scheme on—

• (a) those “biological elements” and “ecological potential elements” as defined in the Humber River Basin Management Plan for the Humber Middle and Humber Lower Water Bodies (GB53040269201 and GB30402609202), to include, but not limited to—

• (i) macro algae,

• (ii) angiosperms,

• (iii) macrophytes,

• (iv) benthic/macro invertebrates, and

• (v) fish; and

• (b) those biological and ecological elements defined as “water-dependent habitats or species for which the Protected Area was designated” as defined in Annex D of the Humber River Basin Management Plan.

• (3) The authorised scheme must be constructed and managed in accordance with the approved strategy document and the monitoring detailed in the approved strategy document must be implemented.

Contaminated land

16

• (1) No stage of the authorised development is to commence until a written scheme applicable to that stage, to deal with the contamination of any land, including groundwater and ground gas, within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters or the environment 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 suitably qualified person, 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.

• (3) Remediation must be carried out in accordance with the approved scheme and the management plan.

Archaeology

17

• (1) No stage of the authorised development is to commence until, for that stage, a written project design for the investigation of areas of archaeological interest as identified in chapters 18 and 40 of the environmental statement has been submitted to and approved by the relevant planning authority.

• (2) The project design must accord with the evaluation results and mitigation measures included in the document Able UK Ltd Marine Energy Park: Framework for archaeological investigation and mitigation strategies prepared by AC Archaeology Ltd (ref: ACW283/3/1 revised June 2012), and the Written Scheme of Investigation: Coastal and Marine prepared by Wessex Archaeology (ref 79490.02 revised March 2012) and subsequent updates, to be agreed by the relevant planning authority.

• (3) The project design must identify—

• (a) areas where fieldwork is required;

• (b) measures to be taken to identify, protect, record and recover any archaeological remains that may be found including artefacts and ecofacts;

• (c) methodologies for post-excavation assessment and analysis of artefacts and ecofacts;

• (d) arrangements for dissemination and publication of reports;

• (e) preparation of archive material and its deposition with recognised repositories;

• (f) an implementation timetable;

• (g) monitoring arrangements, including notification and commencement of work;

• (h) details of contractors involved in the implementation of archaeological works; and

• (i) proposals for publicity and community outreach work.

• (4) Any archaeological works carried out under the scheme must be carried out by a suitably qualified person or body.

• (5) Any archaeological works must be carried out in accordance with the approved scheme and timings, subject to any variation approved by the relevant planning authority.

Listed building

18

• (1) No stage of the authorised development is to commence until a written management plan for the Killingholme North Low Lighthouse (‘the building’) has been submitted to and approved by the relevant planning authority, including the following—

• (a) a structural survey to be submitted to and approved by the relevant planning authority;

• (b) implementation of mitigation measures;

• (c) a schedule of repair works that ensure the long-term survival of the building;

• (d) an implementation timetable for all stages of work including timings to ensure that the mitigation measures and repair work are undertaken and completed in accordance with the plan;

• (e) monitoring arrangements with the relevant planning authority, including notification of the commencement of work;

• (f) details of all contractors to be involved in implementation of works to the building; and

• (g) details of the use of the building including proposals for community access and interpretation.

• (2) The management plan must be implemented as approved.

Environmental management and monitoring plans

19

• (1) The authorised development must not commence until the compensation environmental management and monitoring plan reflecting the survey results and ecological mitigation and enhancement measures included in the environmental statement, has been submitted to and approved by Natural England after consultation with the Environment Agency and the relevant planning authority.

• (2) The authorised development must not commence until a marine environmental management and monitoring plan, reflecting the survey results and ecological mitigation and enhancement measures included in the environmental statement, has been submitted to and approved by theMMO after consultation with the Environment Agency, Natural England and the relevant planning authority.

• (3) The authorised development must not commence until a terrestrial environmental management and monitoring plan, reflecting the survey results and ecological mitigation and enhancement measures included in the environmental statement, has been submitted to and approved by Natural England after consultation with the Environment Agency and the relevant planning authority.

20

The compensation environmental management and monitoring plan, marine environmental management and monitoring plan and terrestrial environmental management and monitoring plan must require any further surveys deemed necessary to be carried out and include an implementation timetable; the plans must be carried out as approved.

21

• (1) The undertaker must not commence construction of the quay (Work No. 1) less than 7 months after commencing construction of the compensation site referred to in paragraph 4(a) of Schedule 1 (authorised development)).

• (2) The undertaker must use all reasonable endeavours to create the Cherry Cobb Sands breach no more than 15 months after commencing construction of the quay (Work No. 1).

Code of construction practice

22

• (1) No stage of the authorised development is to commence until a code of construction practice for that stage has been submitted to and approved by the relevant planning authority.

• (2) All construction works must be undertaken in accordance with the approved code.

Design of roads

23

• (1) No stage of the authorised development consisting of the construction or alteration of a street which is a trunk road, including any traffic management and control measures, is to commence until written details of the design of the street have been submitted to and approved by the Highways Agency, after consultation with Centrica plc and Royal Mail Group Ltd.

• (2) The undertaker must have regard to any consultation responses received.

• (3) The authorised development consisting of the construction or alteration of the street and any traffic management and control measures must be carried out in accordance with the approved design.

External lighting

24

• (1) No stage of the authorised development is to commence until written details of any external lighting to be installed at any of the construction sites within that stage, including measures to prevent light spillage, have, after consultation with the highway authority and Natural England, been submitted to and approved by the relevant planning authority; and any approved means of lighting must subsequently be installed and retained for the duration of the construction period, and removed within 6 months of the completion of construction.

• (2) Sub-paragraph (1) is subject to any direction given to the undertaker by the harbour master or Trinity House.

• (3) The authorised development must not be brought into use until written details of any external lighting to be installed for operational purposes, including measures to prevent light spillage, have, after consultation with the highway authority and Natural England, been submitted to and approved by the relevant planning authority; and any approved means of lighting must subsequently be installed and retained while the authorised development is in operation.

Construction traffic

25

• (1) No stage of the authorised development is to commence until a written transport statement, including any road condition survey, temporary speed limits, lay-bys and details of the preferred route for that stage to be used by construction traffic on public highways, after consultation with the highway authority, Royal Mail Group Ltd and Centrica plc, has been submitted to and approved by the relevant planning authority.

• (2) The undertaker must have regard to any consultation responses received.

• (3) Notices must be erected and maintained throughout the period of construction at every construction site exit to a public highway, indicating to drivers the route agreed by the relevant planning authority for traffic entering and leaving the site.

Control of noise during construction

26

• (1) No stage of the authorised development is to commence until a written scheme for noise management during construction and maintenance of that stage has been submitted to and approved by the relevant planning authority.

• (2) The scheme must set out the particulars of—

• (a) the works, and the method by which they are to be carried out;

• (b) the noise attenuation measures to be taken to minimise noise resulting from the works, including any noise limits; and

• (c) a scheme for monitoring the noise during the works to ensure compliance with the noise limits and the effectiveness of the attenuation measures.

• (3) The approved noise management scheme must be implemented before and maintained during construction and maintenance of the relevant stage of the authorised development.

• (4) The construction and maintenance works must be undertaken in accordance with the approved noise management scheme.

Control of noise during operation

27

• (1) The authorised development must not be brought into use until a written scheme for noise management during operation has been submitted to and approved by the relevant planning authority.

• (2) The authorised development must be operated in accordance with the approved operational noise management scheme.

Control of emissions

28

• (1) No stage of the authorised development is to commence until a written scheme for that stage—

• (a) for the management and mitigation of emissions from the authorised development of—

• (i) odour;

• (ii) artificial light;

• (iii) dust;

• (iv) smoke; and

• (v) steam; and

• (b) to ensure the prevention of infestation or emanation of insects from the authorised development,

has been submitted to and approved by the relevant planning authority.

• (2) The approved scheme must be implemented before and maintained during the construction, operation and decommissioning of the relevant stage of the authorised development.

• (3) For the purposes of this requirement, “insects” excludes insects that are wild animals included in Schedule 5 to the Wildlife and Countryside Act 1981[^f00046] (animals which are protected), unless they are included in respect of section 9(5) of that Act only.

Travel plan

29

• (1) No stage of the of the authorised development is to commence until, for that stage, after consultation with the highway authority, North East Lincolnshire Council, Royal Mail Group Ltd and Centrica plc, a construction travel plan, which must include details of the expected means of travel to and from the authorised development, road safety measures and any parking to be provided, has been submitted to and approved by the relevant planning authority.

• (2) No part of the authorised development is to be brought into use until, after consultation with the highway authority and Royal Mail Group Ltd, 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 authority.

• (3) The plan approved under paragraph (1) must be implemented during the construction of the authorised development and the plan approved under paragraph (2) must be implemented within one month of the authorised development being brought into use and must continue to be implemented for as long as the authorised development is used.

• (4) The undertaker must have regard to any consultation response received.

• (5) The plans approved under paragraphs (1) and (2) must be reviewed at least once a year or such other period as is agreed by the relevant planning authority.

Traffic management plan

30

• (1) No stage of the of the authorised development is to commence until, for that stage, after consultation with the highway authority and North East Lincolnshire Council, a traffic management plan, which must include details of how traffic to and from the authorised development will be managed, has been submitted to and approved by the relevant planning authority.

• (2) The plan approved under paragraph (1) must be implemented during the construction and operation of the authorised development and must be reviewed every 6 months or such other period as is agreed by the relevant planning authority, following consultation with the highway authority and North East Lincolnshire Council.

European protected species

31

• (1) No stage of the authorised development is to commence until it has been established by existing or further survey work whether any European protected species or nationally protected species is present.

• (2) Where a European protected species is shown to be present, that stage must only be commenced following appropriate consultation with Natural England and after any necessary licence has been obtained from Natural England pursuant to regulation 55 (licences for certain activities relating to animals or plants) of the Conservation of Habitats and Species Regulations 2017.

• (3) “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017.

Requirement for consent of Civil Aviation Authority and Ministry of Defence

32

No stage of the authorised development is to commence until for that stage, after consultation with the Civil Aviation Authority and the Ministry of Defence, written details for the operation of the authorised development and its effect on radar have been submitted to and agreed by the relevant planning authority.

Flood warning and evacuation plan

33

• (1) No building of the authorised development is to be occupied until, after consultation with the relevant planning authority, written details of a flood warning and evacuation plan, which must include details of expected means of evacuation or safe refuge during a tidal flood event with safe refuge areas at not less than 6.84 metres above Ordnance Datum Newlyn, has been submitted to and approved by the relevant planning authority.

• (2) Unless otherwise agreed with the relevant planning authority, the finished floor level of all buildings must be set a minimum of 300 millimetres above the level of the external storage areas and the buildings must incorporate flood resistant and resilient design with their construction.

Listed buildings

34

No stage of the authorised development is to commence until a listed building management plan applicable to that stage, which must include details of protection of any building referred to from vibration damage and the renovation or re-use of the building, has been submitted to and approved by the relevant planning authority in consultation with English Heritage. The management plan must be implemented as approved.

Tall structures

35

No structure is to be erected over 45 metres in height above finished ground level until written details of a lighting scheme applicable to that structure have been submitted to and approved by the relevant planning authority following consultation with the Civil Aviation Authority.

Cooling water intakes and outfalls

36

• (1) No development is to commence until a scheme for the monitoring of sedimentation along the lines of and in front of the Centrica and E.ON cooling intakes and outfalls has been submitted to and approved by the MMO, in consultation with the Environment Agency, Centrica plc and E.ON.

• (2) The scheme must include—

• (a) details of monitoring proposals, including location and frequency; and

• (b) details of trigger levels and resultant actions or mitigation required if trigger levels are exceeded.

• (3) Development must proceed in accordance with the approved scheme and any timetable contained in the scheme.

Piling

37

For any piling that is to take place above high water mark, the piling conditions at paragraphs 37 to 43 of Schedule 8 (deemed marine licence) apply as if references to the MMO were to the relevant local planning authority.

Sedimentation

38

• (1) No development is to commence until a scheme for the monitoring of the foreshore and sediment levels around the quay has been submitted to and agreed by the MMO, in consultation with the Environment Agency, C.RO and E.ON.

• (2) Annual monitoring reports must be submitted to the MMO within 6 weeks of each anniversary of implementation up to 2033.

• (3) The approved monitoring scheme must be implemented and complied with at all times.

39

• (1) No development is to commence until a scheme for the monitoring of sediment and siltation for Stone Creek has been submitted to and approved by the relevant planning authority, in consultation with the Stone Creek Boat Club and Sunk Island Parish Council, such scheme to include—

• (a) details of monitoring proposals, including location and frequency; and

• (b) details of trigger levels other pre-determined changes and remedial works required if these are exceeded or have taken place.

• (2) The Environment Agency must be consulted when any remedial works are required as set out in sub-paragraph (1)(b).

• (3) The methodology for any remedial works must be agreed with the Environment Agency in advance of any remedial works being undertaken where its operational activities or outfall structures at either Stone Creek or Keyingham Drain are shown by the monitoring results to have been affected.

• (4) Development must proceed in accordance with the approved scheme and timetable contained in it.

Contaminants and remediation

40

• (1) Prior to the commencement of the relevant stage of the authorised development, the following components of a scheme to deal with the risks associated with contamination of the site must each be submitted to, and approved by, the relevant planning authority:

• (a) a preliminary risk assessment which has identified—

• (i) all previous uses;

• (ii) potential contaminants associated with those uses;

• (iii) a conceptual model of the site indicating sources, pathways and receptors; and

• (iv) potentially unacceptable risks arising from contamination at the site;

• (b) a site investigation scheme, based on sub-paragraph (a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site;

• (c) the results of the site investigation and detailed risk assessment referred to in sub-paragraph (b) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken;

• (d) a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in sub-paragraph (c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

• (2) The scheme must be implemented as approved, and any changes to these components require the agreement of the relevant planning authority.

41

• (1) Prior to carrying out the licensed activity referred to in paragraph 8 (compensation site creation) of Schedule 8 (deemed marine licence), a verification report demonstrating completion of the works set out in the approved remediation strategy referred to in paragraph 40(1)(c) and the effectiveness of the remediation must be submitted to, and approved by, the relevant planning authority.

• (2) The report must include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met, and must also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the relevant planning authority.

• (3) The long-term monitoring and maintenance plan must be implemented as approved.

Mitigation site requirements

42

• (1) During the construction and operation of the authorised development, no storage, use of plant or other development is to take place—

• (a) at a height greater than 3 metres from ground level within 70 metres of the North Killingholme Haven Pits Site of Special Scientific Interest; or

• (b) at a height greater than 6 metres from ground level between 70 metres and 150 metres from the North Killingholme Haven Pits Site of Special Scientific Interest; or

• (c) at a height greater than 9 metres from ground level between 150 metres and 200 metres from the North Killingholme Haven Pits Site of Special Scientific Interest; or

• (d) at a height greater than 10 metres from ground level within the 60 metre operational buffer strip adjacent to Mitigation Area ‘A’ (identified in the terrestrial environmental monitoring and management plan),

unless otherwise agreed by the relevant planning authority in consultation with Natural England.

• (2) Before any activity referred to in sub-paragraph (1) takes place on the Order land, the buffer areas referred to in sub-paragraph (1) must be clearly marked on-site (by pegs or otherwise) to the written satisfaction of the relevant planning authority.

• (3) Noise resulting from the construction and operation of the authorised development must not exceed 65 dB (A) at the boundary of the North Killingholme Haven Pits Site of Special Scientific Interest, unless otherwise agreed by Natural England based on the findings of the monitoring programme and taking account of the noise level duration.

• (4) Noise resulting from the construction and operation of the authorised development must not exceed 65 dB (A) anywhere in the core area of Mitigation Area ‘A’ (as specified in the terrestrial environmental monitoring and management plan), unless otherwise agreed by Natural England based on the findings of the monitoring programme and taking account of the noise level duration.

• (5) The terrestrial environmental management and monitoring plan must include a monitoring programme to ensure compliance with the noise levels and the container storage locations and heights specified in this paragraph.

Environment Agency requirements

43

• (1) Following construction of the new flood defence embankment at Cherry Cobb Sands, the Cherry Cobb Sands breach must not be made in the existing flood defences without the prior written consent of the Environment Agency, in consultation with Natural England and the MMO.

• (2) The Cherry Cobb Sands breach must not be made until the new embankment has had an adequate period of time (likely to be, but not limited to, one winter period (November to April inclusive)) in which to stabilise and for vegetation to become established on the embankment to ensure the integrity of the new flood defences.

• (3) No development is to commence until a scheme to compensate for the impacts of piling noise on migratory salmon from the construction of the authorised development has been agreed with the Environment Agency. This must include, but is not limited to, a monitoring scheme to ensure the intended benefits of the scheme are realised and necessary actions are taken.

• (4) No development is to commence until an assessment of the impacts on Stone Creek, Cherry Cobb Sands Creek and Keyingham Drain has been submitted to and agreed by the relevant planning authority, in consultation with the Environment Agency, together with an outline scheme of remedial action if the impacts on those locations should be greater than those assessed.

• (5) Any remedial action must be carried out if the corresponding greater impacts occur.

44

• (1) No development is to commence until the detailed design of the Regulated Tidal Exchange (“RTE”) sluices has been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency.

• (2) The detailed design information must include the size and flow capacity of the sluices within the RTE scheme.

• (3) No development is to commence until the detailed design of the channel leaving the Managed Realignment site and the invert level has been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency, to include detailed design drawings, including dimensions.

• (4) The discharge channel exiting the realignment site must be no larger than that currently presented and assessed in EX 28.3 Part 3 (11.6 metres bed width (invert level 1.5 metres AOD) with 1V:3H side slopes rising to an edge weir level of 2.0 metres AOD), unless otherwise agreed with the Environment Agency.

• (5) The invert level of the drainage channel must be no higher than that currently presented and assessed in EX28.3 Part 3, Final Compensation Proposals, October 2012, (1.5 metres AOD), unless agreed otherwise in writing with the Environment Agency.

Requirement for written approval

45

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

Signed

Signed by authority of the Secretary of State for Transport

Robert Goodwill — Parliamentary Under Secretary of State — Department for Transport — 13th January 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises the construction and operation of a quay, associated onshore facilities and other development, to be situated on the south bank of the River Humber to the north east of Immingham, together with the creation of a compensatory environmental habitat on the north bank of the River Humber to the north east of the quay.