The Drax Power (Generating Stations) Order 2019

• (1) Without prejudice to the generality of any other protection afforded to National Grid elsewhere in the Order, where any public right of way is stopped up under article 13 (permanent stopping up of public rights of way), if National Grid has any apparatus in the public right of way or accessed via that public right of way National Grid will be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the promoter will grant to National Grid, or will procure the granting to the National Grid of, legal easements reasonably satisfactory to the specified undertaker in respect of such apparatus and access to it prior to the stopping up of any such public rights of way.

• (2) Notwithstanding the temporary prohibition or restriction under the powers of article 12 (temporary stopping up of streets and public rights of way), National Grid shall be at liberty at all times to take all necessary access across any such street and/or to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

Protective works to buildings

36

• (1) The undertaker, in the case of the powers conferred by article 35 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of National Grid or any interruption in the supply of gas by National Grid is caused, the undertaker must bear and pay on demand the cost reasonably incurred by National Grid in making good such damage or restoring the supply; and, subject to sub-paragraph (2), shall—

• (a) pay compensation to National Grid for any loss sustained by it; and

• (b) indemnify National Grid against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by National Grid, by reason of any such damage or interruption.

• (2) Nothing in this paragraph imposes any liability on the undertaker with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of National Grid or its contractors or workmen; and National Grid will give to the undertaker reasonable notice of any claim or demand as previously described and no settlement or compromise thereof shall be made by National Grid, save in respect of any payment required under a statutory compensation scheme, without first consulting the undertaker and giving the undertaker an opportunity to make representations as to the claim or demand.

Acquisition of land

37

• (1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order the undertaker must not acquire any land interest or apparatus or override any easement or other interest of National Grid otherwise than by agreement (such agreement not to be unreasonably withheld or delayed).

• (2) As a condition of agreement between the parties in paragraph 37(1), prior to the carrying out of any part of the authorised development (or in such other timeframe as may be agreed between National Grid and the undertaker) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement and/or other legal or land interest of National Grid and/or affects the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker and National Grid must, as is reasonably required to reconcile any such conflict and/or to avoid any such breach, enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must not be materially less favourable on the whole to National Grid or the undertaker unless otherwise agreed by National Grid and/or the undertaker (as applicable), and it will be the responsibility of the undertaker to procure and/or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.

• (3) The undertaker and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation and/or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation and/or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid as of right or other use in relation to the apparatus then the provisions in this Part of this Schedule shall prevail.

• (4) Any agreement or consent granted by National Grid under paragraph 40 or any other paragraph of this Part of this Schedule, shall not be taken to constitute agreement under sub-paragraph 37(1)

Removal of apparatus

38

• (1) If, in the exercise of the agreement reached in accordance with paragraph 37 or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid to maintain that apparatus in that land shall not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5) inclusive.

• (2) If, for the purpose of executing any works comprised in the authorised development in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid 56 days' advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker shall, subject to sub-paragraph (3), afford to National Grid to their satisfaction (taking into account paragraph 39(1) below) the necessary facilities and rights for—

• (a) the construction of alternative apparatus in other land of the undertaker; and

• (b) subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed except that this obligation shall not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule shall be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

• (5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

39

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to National Grid facilities and rights in land for the construction, use and maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by National Grid.

• (2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject in the matter shall be referred to arbitration under paragraph 46 and, the arbitrator shall make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. In respect of the appointment of an arbitrator under this sub-paragraph (2), paragraph 46 shall apply.

Retained apparatus: protection of National Grid as Gas Undertaker

40

• (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan.

• (2) The plan to be submitted to the undertaker pursuant to sub-paragraph (1) must include a method statement and describe—

• (a) the exact position of the works;

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

• (c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;

• (d) the position of all apparatus;

• (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

• (f) intended maintenance regimes; and

• (g) details of any ground monitoring scheme (if required in accordance with National Grid's “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22”.)

• (3) The undertaker must not commence any works to which sub-paragraph (1) and (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 or delayed.

• (5) In relation to a work to which sub-paragraph (1) and (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 sub-paragraphs (1) and (2) must be executed only in accordance with the plan, submitted under sub-paragraph (1) and (2) or as relevant sub-paragraph (4), as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (5), (7) and/or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid shall be entitled to watch and inspect the execution of those works.

• (7) Where National Grid requires protective works to be carried out either themselves or by the undertaker (whether of a temporary or permanent nature) such protective works shall be carried out to National Grid's satisfaction prior to the commencement of any authorised development (or any relevant part thereof) to which sub-paragraph (1) applies and National Grid must give 56 days' notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (2) (except in an emergency).

• (8) If National Grid in accordance with sub-paragraph (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 38 and 39 shall apply as if the removal of the apparatus had been required by the undertaker under paragraph 38(2).

• (9) 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 comprising the authorised development, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph shall apply to and in respect of the new plan.

• (10) The undertaker shall not be 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 and shall—

• (a) comply with sub-paragraph (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

• (b) comply with sub-paragraph (11) at all times.

• (11) At all times when carrying out any works authorised under the Order comply with National Grid's policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22” and the Health and Safety Executive's “HS(~G)47 Avoiding Danger from underground services”.

• (12) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development the undertaker shall implement an appropriate ground mitigation scheme except that National Grid retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 42.

• (13) The plans submitted to National Grid by the undertaker pursuant to sub-paragraph (1) must be sent to National Grid Plant Protection at plantprotection@nationalgrid.com or such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

Expenses

41

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid on demand all charges, costs and expenses reasonably anticipated or incurred by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus or alternative apparatus which may be required in consequence of the execution of any such works as are referred to in this Part of this Schedule including without limitation—

• (a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that National Grid elects to use compulsory purchase powers to acquire any necessary rights under paragraph 38(3) all costs incurred as a result of such action;

• (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

• (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

• (d) the approval of plans;

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

• (f) 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.

• (2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

• (3) If in accordance with the provisions of this Part of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or in default of agreement settled by arbitration in accordance with paragraph 46 to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) shall be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

42

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works (including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works), any damage is caused to any apparatus or alternative 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 National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker shall—

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

• (b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as previously described.

• (2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid as a consequence of the authorised development or under its supervision will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of this sub-paragraph (1) where the undertaker fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not materially accord with the approved plan or as otherwise agreed between the undertaker and National Grid.

• (3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of—

• (a) any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents; and

• (b) any authorised development and/or any other works authorised by this Part of this Schedule carried out by National Grid pursuant to article 6(a) of the Order or as an assignee, transferee or lessee of the undertaker with the benefit of the Order pursuant to section 156 of the 2008 Act or under article 7 of the Order subject to the proviso that once such works become apparatus (“new apparatus”), any works yet to be executed and not falling within this sub-section 3(b) shall be subject to the full terms of this Part of this Schedule including this paragraph 42 in respect of such new apparatus.

• (4) National Grid must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made, unless payment is required in connection with a statutory compensation scheme without first consulting the undertaker and considering their representations.

Enactments and agreements

43

Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between National Grid and the undertaker, nothing in this Part of this Schedule will affect 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 the date on which this Order is made.

Co-operation

44

National Grid and the undertaker must each use their best endeavours to co-ordinate with the other party on the timing and method of execution of any works carried out under the Order or this Part of this Schedule (including, for the avoidance of doubt, pursuant to paragraph 38(2) and paragraph 40) in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the other party's operations.

Access

45

If in consequence of the agreement reached in accordance with paragraph 37(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker shall 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.

Arbitration

46

• (1) Any difference under this Part of this Schedule, unless otherwise provided for, shall be referred to and settled in arbitration by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

• (2) Should the Secretary of State fail to make an appointment under paragraph (1) within 14 days of a referral, the referring party may refer to the Centre for Effective Dispute Resolution for appointment of an arbitrator.

PART 5 — FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC AND NORTHERN POWERGRID LIMITED

47

For the protection of Northern Powergrid (Yorkshire) Plc and Northern Powergrid Limited the following provisions have effect, unless otherwise agreed in writing between the undertaker and Northern Powergrid.

48

In this part of this Schedule—

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

• “apparatus” means electric lines or electrical plant (as defined in the Electricity Act 1989 ), belonging to or maintained by Northern Powergrid;

• “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

• “Northern Powergrid” means Northern Powergrid (Yorkshire) Plc (Company No. 04112320) whose registered office is at Lloyds Court, 78 Grey Street, Newcastle Upon Tyne, NE1 6AF and Northern Powergrid Limited (Company No. 03271033) whose registered office is at Lloyds Court, 78 Grey Street, Newcastle Upon Tyne, NE1 6AF.

49

Regardless of the temporary prohibition or restriction of use of streets under the powers conferred by article 12 (temporary stopping up of streets and public rights of way), Northern Powergrid is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the prohibition or restriction was in that street.

50

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

51

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that Northern Powergrid's apparatus is relocated or diverted, that apparatus must not be removed under this part of this Schedule, and any right of Northern Powergrid to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided pursuant to a completed easement, all to the reasonable satisfaction of Northern Powergrid in accordance with sub-paragraphs 51(2) to 51(7).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to Northern Powergrid written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Northern Powergrid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph 51(3), afford to Northern Powergrid the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph 51(2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, Northern Powergrid must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Northern Powergrid and the undertaker or in default of agreement settled by arbitration in accordance with paragraph 63.

• (5) Northern Powergrid must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with paragraph 63, and after the grant to Northern Powergrid of any such facilities and rights as are referred to in sub-paragraph 51(2) or 51(3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this part of this Schedule.

• (6) Regardless of anything in sub-paragraph 51(5), if the undertaker gives notice in writing to Northern Powergrid that it desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by Northern Powergrid, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of Northern Powergrid.

• (7) Nothing in sub-paragraph 51(6) authorises the undertaker to 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 300 millimetres of the apparatus.

52

• (1) Where, in accordance with the provisions of this part of this Schedule, the undertaker affords to Northern Powergrid facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Northern Powergrid or in default of agreement settled by arbitration in accordance with paragraph 63.

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to Northern Powergrid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to Northern Powergrid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

53

• (1) Not less than ninety days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 51(2), the undertaker must submit to Northern Powergrid a plan, section and description of the works to be executed.

• (2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph 53(1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph 53(3) by Northern Powergrid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Northern Powergrid is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by Northern Powergrid under sub-paragraph 53(2) must be made within a period of twenty-one days beginning with the date on which a plan, section and description under sub-paragraph 53(1) are submitted to it.

• (4) If Northern Powergrid in accordance with sub-paragraph 53(3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 47 to 52 apply as if the removal of the apparatus had been required by the undertaker under paragraph 51(2).

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

• (6) The undertaker is not required to comply with sub-paragraph 53(1) in a case of emergency but in that case it must give to Northern Powergrid notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph 53(2) in so far as is reasonably practicable in the circumstances.

54

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to Northern Powergrid the reasonable expenses incurred by Northern Powergrid—

• (a) in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 51(2); and

• (b) in assessing and preparing a design for its apparatus to address and accommodate the proposals of the undertaker whether or not the undertaker proceeds to implement those proposals or alternative or none at all,

provided that if it so prefers Northern Powergrid may abandon apparatus that the undertaker does not seek to remove in accordance with paragraph 51(1) having first decommissioned such equipment.

• (2) There is to be deducted from any sum payable under sub-paragraph 54(1) the value of any apparatus removed under the provisions of this part of this Schedule, that value being calculated after removal and for the avoidance of doubt, if the apparatus removed under the provisions of this part of this Schedule has nil value, no sum will be deducted from the amount payable under sub-paragraph 54(1).

• (3) If in accordance with the provisions of this part of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 63 to be necessary, then, if such placing involves cost in the construction of works under this part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Northern Powergrid by virtue of sub-paragraph 54(1) is to be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph 54(3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus where such extension is required in consequence of the execution of any such works as are referred to in paragraph 51(2); and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to Northern Powergrid in respect of works by virtue of sub-paragraph 54(1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on Northern Powergrid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

55

• (1) Subject to sub-paragraphs 55(2) and 55(3), if by reason or in consequence of the construction of any of the works referred to in paragraph 51(2), 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 Northern Powergrid, or there is any interruption in any service provided by Northern Powergrid, the undertaker must—

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

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

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

• (2) Nothing in sub-paragraph 55(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 Northern Powergrid, its officers, servants, contractors or agents.

• (3) Northern Powergrid 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.

56

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

57

Without prejudice to the generality of the protective provisions in this part of the Schedule, Northern Powergrid must from time to time submit to the undertaker estimates of reasonable costs and expenses it expects to incur in relation to the implementation of any diversions or relocation of apparatus contemplated under this part of the Schedule.

58

Northern Powergrid and the undertaker will use their reasonable endeavours to agree the amount of any estimates submitted by the electricity undertaker under paragraph 57 within 15 working days following receipt of such estimates by the undertaker. The undertaker must confirm its agreement to the amount of such estimates in writing and must not unreasonably withhold or delay such agreement. If the parties are unable to agree the amount of an estimate, it will be dealt with in accordance with paragraph 63.

59

Work in relation to which an estimate is submitted must not be commenced by Northern Powergrid until that estimate is agreed with the undertaker in writing and a purchase order up to the value of the approved estimate has been issued by the undertaker to Northern Powergrid and an easement for the routes of the apparatus has been granted to the electricity undertaker pursuant to paragraph 51(1) for the benefit of its statutory undertaking.

60

If Northern Powergrid at any time becomes aware that an estimate agreed is likely to be exceeded, it must forthwith notify the undertaker and must submit a revised estimate of the relevant costs and expenses to the undertaker for agreement.

61

Northern Powergrid may from time to time and at least monthly from the date of this Order issue to the undertaker invoices for costs and expenses incurred up to the date of the relevant invoice, for the amount of the relevant estimate agreed. Invoices issued to the undertaker for payment must—

• (a) specify the approved purchase order number; and

• (b) be supported by timesheets and narratives that demonstrates that the work invoiced has been completed in accordance with the agreed estimate.

62

The undertaker will not be responsible for meeting costs or expenses in excess of an agreed estimate, other than where agreed under paragraph 60 above.

63

Any difference under the provisions of this part of the Schedule, unless otherwise provided for, is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by an independent electrical engineer by or on behalf of the President for the time being of the Institute of Engineering and Technology.

SCHEDULE 13 — DESIGN PARAMETERS

PART 1 — TEMPORARY CONSTRUCTION PARAMETERS

Component	Work No.	Maximum length (m)	Maximum width (m)	Maximum height (m AGL)	Maximum height (m AOD)
Pedestrian Bridge	9A(iii)	33	10	11.5	17

PART 2 — UNIT X PARAMETERS

Component	Work No.	Maximum length (m)	Maximum width (m)	Maximum height (m AGL)	Maximum height (m AOD)
Turbine hall building	1A(ii)	87	23	28	34
Heat recovery steam generator building (up to two)	1A(iv)	55	29	49	55
Exhaust gas emission flue stacks (up to two)	1A(iv)	–	–	123	129
Bypass stack (up to two) (excluding supporting structures)	1A(v)	–	–	123	129
Transformers	1A(vi)	36	20	11	17
Gas turbine air inlet filter house	1A(vii)	26	27	35	41
Power control centre	1A(viii)	17	17	6	12
Turbine outage store building (up to two)	1A(xiv)	113	43	28	34
Fuel gas station (up to two)	1A(xvi)	26	19	7	13
Main pipe rack	1B(i)	600	12	25	31
Battery storage facility including any structure (where constructed in its entirety in a single stage being stage 1)	3A	180	60	10	16
Battery storage facility including any structure (where constructed in two stages being stage 1 and stage 2)	3A	90	60	10	16
Gas insulated switchgear banking building	4A	18	12	11	17
Control room building for gas insulated switchgear	4A	26	12	11	17
Gas receiving facility (GRF) Compound	5	85	85	10	16
Pig Trap Facility (Launching) Compound	6B	30	30	5	10
Minimum Offtake Connection	6A	30	30	5	10
Reinstatement of sludge lagoon	12A	82	55	–	–
Component	Work No.	Minimum height (m AGL)	Minimum height (m AOD)
---	---	---	---
Exhaust gas emission flue stacks (up to two)	1A(iv)	122.5	128.5
Bypass Stack (up to two) (excluding supporting structures)	1A(v)	122.5	128.5

PART 3 — UNIT Y PARAMETERS

Component	Work No.	Maximum length (m)	Maximum width (m)	Maximum height (m AGL)	Maximum height (m AOD)
Turbine hall building	2A(ii)	92	23	28	34
Heat recovery steam generator building (up to two)	2A(iv)	55	29	49	55
Exhaust gas emission flue stacks (up to two)	2A(iv)	–	–	123	129
Bypass stack (up to two)	2A(v)	–	–	123	129
Transformers	2A(vi)	36	20	11	17
Gas turbine air inlet filter house	2A(vii)	26	27	35	41
Power control centre	2A(viii)	17	17	6	12
Fuel gas station (up to two)	2A(xv)	26	19	7	13
Main pipe rack	2B(i)	1100	12	25	31
Battery storage facility including any structure (where constructed in two stages being stage 1 and stage 2)	3B	90	60	10	16
Gas insulated switchgear banking building or extension to 4A building	4B	18	12	11	17
Sludge lagoon (up to two)	12B	82	55	–	–
Cable Sealing End Compound	8B(ii)	35	28	20	26
Component	Work No.	Minimum height (m AGL)	Minimum height (m AOD)
---	---	---	---
Exhaust gas emission flue stack (up to two)	2A(iv)	122.5	128.5
Bypass stack (up to two)	2A(v)	122.5	128.5

SCHEDULE 14 — DOCUMENTS AND PLANS TO BE CERTIFIED

(1)Document name	(2)Document reference	(3)Revision number	(4)Date
the access and rights of way plans	Key plan: 2.4	01	21.05.2018
	Sheet 2: 2.4	02	07.11.2018
	Sheet 3: 2.4	01	21.05.2018
	Sheet 4: 2.4	01	21.05.2018
	Sheet 5: 2.4	02	06.12.2018
	Sheet 6: 2.4	01	21.05.2018
	Sheet 7: 2.4	01	21.05.2018
	Sheet 8: 2.4	01	21.05.2018
	Sheet 9: 2.4	01	21.05.2018
	Sheet 10: 2.4	01	21.05.2018
	Sheet 11: 2.4	01	21.05.2018
	Sheet 12: 2.4	01	21.05.2018
	Sheet 13: 2.4	01	21.05.2018
	Sheet 14: 2.4	01	21.05.2018
	Sheet 15: 2.4	01	21.05.2018
	Sheet 16: 2.4	01	21.05.2018
	Sheet 17: 2.4	01	21.05.2018
	Sheet 18: 2.4	01	21.05.2018
	Sheet 19: 2.4	01	21.05.2018
	Sheet 20: 2.4	01	21.05.2018
	Sheet 21: 2.4	01	21.05.2018
	Sheet 22: 2.4	01	21.05.2018
	Sheet 23: 2.4	01	21.05.2018
the application guide	1.2	014	03.04.2019
the book of reference	4.3A	007	21.03.2019
the CHP statement	5.6	002	22.11.2018
the environmental statement	environmental statement volume 1: 6.1 (excluding chapter 3)	001 (excluding chapter 3)	29.05.2018 (excluding chapter 3)
	environmental statement volume 1: 6.1 (chapter 3)	002	30.01.2019
	environmental statement volume 2: 6.2
	appendices 1.1, 1.2, 3.1, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 6.1, 6.2, 6.3, 7.1, 7.2, 7.3, 8.1, 8.2, 8.3, 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9, 10.1, 10.2, 10.3, 10.4, 10.5, 11.1, 15.1, 16.1, 16.2, 16.3, 16.4, 17.1, 17.2, 17.3	001	29.05.2018 (submission date)
	appendix 9.10	003	28.03.2019
	appendices 5.1 and 5.2	003	13.12.2018
	environmental statement volume 3: 6.3	001	22.05.2018
	breeding bird survey: 8.4.2	001	September 2018
	reptile survey: 8.4.3	001	20.09.2018
	bat activity survey: 8.4.4	001	October 2018
	cover letter in relation to removal of stage 0, the site reconfiguration works, from the application	N/A	08.11.2018
	removal of stage 0 mitigation review: 8.5.5	001	07.11.2018
	assessment of non-material amendments to proposed scheme: 8.4.8	001	14.11.2018
	errata – environmental statement (chapters 7, 8 and 11): 8.3.1	001	03.10.2018
	update to the cumulative assessment: 8.4.9	001	15.11.2018
the flood risk assessment	6.8	003	08.11.2018
the land plans	Key plan: 2.2	03	06.11.2018
	Sheet 2: 2.2	04	04.01.2019
	Sheet 3: 2.2	03	06.11.2018
	Sheet 4: 2.2	03	06.11.2018
	Sheet 5: 2.2	04	04.01.2019
	Sheet 6: 2.2	03	06.11.2018
	Sheet 7: 2.2	02	07.11.2018
	Sheet 8: 2.2	03	06.11.2018
	Sheet 9: 2.2	02	07.11.2018
the outline construction environmental management plan	6.5	005	18.03.2018
the outline construction traffic management plan	6.2.5.2	003	13.12.2018
the outline construction worker travel plan	6.2.5.1	003	13.12.2018
the outline public right of way management plan	8.4.6	003	20.02.2019
the outline landscape and biodiversity strategy	6.7	005	28.03.2019
the works plans	Key plan: 2.3A	04	13.12.2018
	Sheet 2: 2.3A	02	22.10.2018
	Sheet 3: 2.3A	01	16.05.2018
	Sheet 4: 2.3A	01	16.05.2018
	Sheet 5: 2.3A	02	22.10.2018
	Sheet 6: 2.3A	02	22.10.2018
	Sheet 7: 2.3A	02	22.10.2018
	Sheet 8: 2.3A	01	16.05.2018
	Sheet 9: 2.3A	01	16.05.2018
	Sheet 10: 2.3A	02	22.10.2018
	Sheet 11: 2.3A	02	22.10.2018
	Sheet 12: 2.3A	01	16.05.2018
	Sheet 13: 2.3A	01	16.05.2018
	Sheet 14: 2.3A	01	16.05.2018
	Sheet 15: 2.3A	01	16.05.2018
	Sheet 16: 2.3A	01	16.05.2018
	Sheet 17: 2.3A	01	16.05.2018
	Sheet 18: 2.3A	01	16.05.2018
	Sheet 19: 2.3A	02	22.10.2018
	Sheet 20: 2.3A	01	16.05.2018
	Sheet 21: 2.3A	02	22.10.2018
	Sheet 22: 2.3A	01	16.05.2018
	Sheet 23: 2.3A	01	16.05.2018
	Sheet 24: 2.3A	03	22.10.2018
	Sheet 25: 2.3A	02	22.10.2018
	Sheet 26: 2.3A	02	29.06.2018
	Sheet 27: 2.3A	01	16.05.2018
	Sheet 28: 2.3A	01	16.05.2018
	Sheet 29: 2.3A	01	16.05.2018
	Sheet 30: 2.3A	02	22.10.2018
	Sheet 31: 2.3A	02	22.10.2018
	Sheet 32: 2.3A	02	22.10.2018
	Sheet 33: 2.3A	01	16.05.2018
	Sheet 34: 2.3A	01	16.05.2018
	Sheet 35: 2.3A	01	09.05.2018
	Sheet 36: 2.3A	01	16.05.2018
	Sheet 37: 2.3A	02	22.10.2018
	Sheet 38: 2.3A	01	16.05.2018
	Sheet 39: 2.3A	01	16.05.2018
	Sheet 40: 2.3A	01	16.05.2018
	Sheet 41: 2.3A	01	16.05.2018
	Sheet 42: 2.3A	01	16.05.2018

Signed

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Gareth Leigh — Head of Energy Infrastructure Planning — 2019-10-04

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c.20). Part 7 was amended by S.I.2017/16.

[^f00002]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00003]: S.I. 2017/572, amended by S.I 2018/695, S.I 2018/834, S.I 2018/942.

[^f00004]: 1961 c.33.

[^f00005]: 1965 c.56.

[^f00006]: 1980 c.66.

[^f00007]: 1981 c.66.

[^f00008]: 1984 c.27.

[^f00009]: 1990 c.8.

[^f00010]: 1991 c.22.

[^f00011]: 2008 c.29.

[^f00012]: 1909 c.34. This Act was repealed by the Electricity Act 1989 (c.29).

[^f00013]: 1919 c.100. This Act was repealed by the Electricity Act 1989.

[^f00014]: 1989 c.29.

[^f00015]: 1981 c.67.

[^f00016]: 1947 c.51. This Act was repealed by the Planning (Consequential Provisions) Act 1990 (c.11).

[^f00017]: 1962 c.38. This Act was repealed by the Planning (Consequential Provisions) Act 1990.

[^f00018]: 1971 c.78. This Act was repealed by the Planning (Consequential Provisions) Act 1990.

[^f00019]: 2003 c.21.

[^f00020]: 1989 c. 29.

[^f00021]: 1986 c.44.

[^f00022]: 2017 c.20.

[^f00023]: 1991 c.59.

[^f00024]: 2004 c.18.

[^f00025]: 1991 c.56.

[^f00026]: S.I. 2016/1154.

[^f00027]: 1964 c.40.

[^f00028]: 1991 c.57.

[^f00029]: 1857 c.81.

[^f00030]: 2003 c.21.

[^f00031]: S.I. 1997/1160.

[^f00032]: 1990 c.43.

[^f00033]: 1974 c.40.

[^f00034]: 1978 c.30.

[^f00035]: 1973 c.26.

[^f00036]: 1971 c.80.

[^f00037]: S.I 2012/2920, amended by S.I 2013/2153 and S.I 2014/357 and S/I 2014/2026.

[^f00038]: 1989 c.29.

[^f00039]: 1991 c.56.

[^f00040]: 1986 c.44.

[^f00041]: 1991 c.56.

[^f00042]: 2003 c.21.

[^f00043]: 1989 c.29.

In the County of North Yorkshire and the District of Selby a nationally significant infrastructure project as defined in sections 14(1)(a) and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act all as set out in this Schedule.

The nationally significant infrastructure project comprises up to four generating stations with a combined gross electrical output capacity of up to 3,800 megawatts comprising all or any of the work numbers in this Schedule or any part of any work number in this Schedule—

Work No. 1– an electricity generating station (Unit X) fuelled by natural gas and with a gross electrical output capacity of up to 1,800 megawatts including—

• (a) Work No. 1A– a gas generating unit comprising—

• (i) up to two gas turbines able to operate in both combined cycle and open cycle modes;

• (ii) one turbine hall building for the gas turbines within this Work;

• (iii) up to two heat recovery steam generators;

• (iv) up to two heat recovery steam generator buildings and up to two exhaust gas emission flue stacks for the heat recovery steam generators within this Work;

• (v) up to two bypass stacks;

• (vi) transformers;

• (vii) gas turbine air inlet filter house;

• (viii) power control centre;

• (ix) feed water pump house building;

• (x) water supply and pipelines;

• (xi) water storage tanks and pipelines;

• (xii) emergency diesel generator and diesel fuel tank for safe shut-down of the plant;

• (xiii) switch gear and ancillary equipment;

• (xiv) up to two turbine outage store buildings;

• (xv) 400 kilovolt electrical underground cables and telemetry and electrical protection auxiliary cabling connecting to Work No. 4A; and

• (xvi) a new main fuel gas station comprising up to two individual fuel gas stations comprising for each—

• (aa) a gas receiving area;

• (bb) gas treatment and control facilities including filters, preheating and liquid collection tanks; and

• (cc) other auxiliary control cabinets.

• (b) Work No. 1B

• (i) a new main pipe rack carrying main steam and condensate, and auxiliary cabling and pipework between the heat recovery steam generators and the existing steam turbine;

• (ii) piling for foundations to accommodate the pipe rack including in connection with the pipe rack comprising part of Work No. 2B; and

• (iii) modifications to the existing steam turbine, generating plant and turbine hall building.

• (c) Work No. 1C– a new underground gas pipeline across New Road connecting Work No. 1A to Work No. 5.

• (d) Work No. 1D– in connection with and in addition to Work Nos. 1A, 1B and 1C—

• (i) works connecting Work Nos. 1A, 1B and 1C to existing equipment and utilities;

• (ii) ground raising and ground preparation works;

• (iii) site lighting infrastructure, including perimeter lighting columns;

• (iv) internal roadways, car parking, pedestrian network, cycle parking and hardstanding;

• (v) site drainage and waste management infrastructure, including relocation of existing infrastructure as required;

• (vi) electricity (including a 132 kilovolt electricity cable across New Road connecting Work No. 1A to Work No.5), water, wastewater and telecommunications and other services; and

• (vii) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

Work No. 2– an electricity generating station (Unit Y) fuelled by natural gas and with a gross electrical output capacity of up to 1,800 megawatts including—

• (a) Work No. 2A– a gas generating unit comprising—

• (i) up to two gas turbines able to operate in both combined cycle and open cycle modes;

• (ii) one turbine hall building for the gas turbines within this Work;

• (iii) up to two heat recovery steam generators;

• (iv) up to two heat recovery steam generator buildings and up to two exhaust gas emission flue stacks for the heat recovery steam generators within this Work;

• (v) up to two bypass stacks;

• (vi) transformers;

• (vii) gas turbine air inlet filter house;

• (viii) power control centre;

• (ix) feed water pump house building;

• (x) water supply and pipelines;

• (xi) water storage tanks and pipelines;

• (xii) emergency diesel generator and diesel fuel tank for safe shut-down of the plant;

• (xiii) switch gear and ancillary equipment;

• (xiv) 400 kilovolt electrical underground cables and telemetry and electrical protection auxiliary cabling connecting to Work No. 4B; and

• (xv) a new main fuel gas station comprising up to two individual fuel gas stations comprising for each—

• (aa) a gas receiving area;

• (bb) gas treatment and control facilities including filters, preheating and liquid collection tanks; and

• (cc) other auxiliary control cabinets.

• (b) Work No. 2B

• (i) a new main pipe rack and extension to the pipe rack in Work No. 1B carrying main steam and condensate, and auxiliary cabling and pipework, between the heat recovery steam generators and the existing steam turbine; and

• (ii) modifications to the existing steam turbine, generating plant and turbine hall building.

• (c) Work No. 2C– a new underground gas pipeline across New Road connecting Work No. 2A to Work No. 5 or infrastructure to connect the underground gas pipeline constructed in Work No. 1C to Work No. 2A and Work No. 5.

• (d) Work No. 2D– in connection with and in addition to Work Nos. 2A, 2B and 2C—

• (i) works connecting Work Nos. 2A, 2B and 2C to existing equipment and utilities;

• (ii) ground raising and ground preparation works;

• (iii) site lighting infrastructure, including perimeter lighting columns;

• (iv) internal roadways, car parking, pedestrian network, cycle parking and hardstanding;

• (v) site drainage and waste management infrastructure, including relocation of existing infrastructure as required;

• (vi) electricity, water, wastewater and telecommunications and other services; and

• (vii) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

Work No. 3– up to two battery storage facilities including—

• (a) Work No. 3A– one battery storage facility (in connection with Unit X) comprising—

• (i) battery energy storage cells with converters;

• (ii) a structure protecting the battery energy storage cells;

• (iii) transformers;

• (iv) switch gear and ancillary equipment;

• (v) electrical underground cable connecting to Work No. 1A;

• (vi) ground raising and ground preparation works;

• (vii) a flood mitigation channel;

• (viii) site lighting infrastructure, including lighting columns; and

• (ix) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

• (b) Work No. 3B– one battery storage facility (in connection with Unit Y) comprising—

• (i) battery energy storage cells with converters;

• (ii) a structure protecting the battery energy storage cells or infrastructure to include the battery energy storage cells in the structures within Work No.3A(ii);

• (iii) transformers;

• (iv) switch gear and ancillary equipment; and

• (v) electrical underground cable connecting to Work No. 2A.

Work No. 4– new gas insulated switchgear banking buildings including—

• (a) Work No. 4A (in connection with Unit X)—

• (i) a building containing gas insulated switchgear and other associated switch gear and ancillary equipment;

• (ii) a building containing control equipment;

• (iii) up to three sets of cable sealing ends; and

• (iv) ground raising and ground preparation works.

• (b) Work No. 4B (in connection with Unit Y)—

• (i) a building or an extension to the building in Work No. 4A containing gas insulated switchgear and other switch gear and ancillary equipment;

• (ii) up to three sets of cable sealing ends; and

• (iii) ground raising and ground preparation works.

Work No. 5– a natural gas receiving facility compound including—

• (a) pipeline inspection gauge (PIG) trap receiving equipment;

• (b) isolation valves, inline valves, metering, heat exchangers, filtering, pressure regulation equipment, pipework;

• (c) electricity supply kiosks and associated cabling;

• (d) emergency generator;

• (e) electrical pre-heaters and electrical compressors housed in a building;

• (f) up to two boiler houses with a total installed thermal input capacity to the heat exchangers of 7.2 megawatts and each boiler house with up to two stacks;

• (g) control and instrumentation kiosks and associated wiring;

• (h) creation of a permanent access from New Road including permanent road surface and kerb stones, signing and road markings works, drainage, car parking, fencing and other incidental works;

• (i) security infrastructure, including cameras, lighting (including perimeter lighting columns), stock proof fencing and perimeter fencing;

• (j) a new underground gas pipeline;

• (k) external cooling system;

• (l) ground raising and ground preparation works; and

• (m) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

Work No. 6– above ground gas installation including—

• (a) Work No. 6A—

• (i) above ground installation (also referred to as a minimum offtake connection compound) containing a minimum offtake connection comprising remotely operable valves, control and instrumentation kiosks, pipework and electrical supply kiosks;

• (ii) security infrastructure, including cameras, lighting (including perimeter lighting columns), stock proof fencing and perimeter fencing;

• (iii) ground raising and ground preparation works;

• (iv) site drainage including new outfall to Dickon Field Drain, new culvert and waste management infrastructure;

• (v) electricity and telecommunications connections and other services;

• (vi) underground gas pipeline connecting to Work No. 6B;

• (vii) creation of a permanent access from Rusholme Lane including permanent road surface and kerb stones, signing and road markings works, car parking, drainage, fencing and other incidental works;

• (viii) creation of a permanent access from the access in Work No.6A (vii) into the field to the south of Dickon Field Drain including permanent road surface and kerb stones, signing and road markings works, drainage, fencing and other incidental works;

• (ix) creation of a culvert on Dickon Field Drain; and

• (x) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

• (b) Work No. 6B—

• (i) above ground installation containing a pipeline inspection gauge (PIG) facility, comprising a PIG launching facility, emergency control valves, isolation valves, control and instrumentation kiosks, pipework and electricity supply kiosks;

• (ii) security infrastructure, including cameras, lighting (including perimeter lighting columns), car parking, stock proof fencing and perimeter fencing;

• (iii) ground raising and ground preparation works;

• (iv) site drainage and waste management infrastructure;

• (v) electricity and telecommunications connections and other services;

• (vi) below ground sacrificial anode pit; and

• (vii) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

• (c) Work No. 6C– (in connection with Work No. 6A) temporary construction laydown area.

• (d) Work No. 6D– (in connection with Work No. 6B) temporary construction laydown area and creation of up to two construction access routes from Rusholme Lane.

Work No. 7– a gas pipeline including—

• (a) Work No. 7A—

• (i) an underground gas pipeline connection and telemetry cabling, 3km in length and up to 600 millimetres nominal diameter, connecting Work No. 5 to Work No. 6B;

• (ii) pipeline field marker posts and cathodic protection test/transformer rectifier units;

• (iii) below ground drainage works;

• (iv) works required in order to protect existing utilities infrastructure;

• (v) tree and hedge removal; and

• (vi) hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

• (b) Work No. 7B– temporary construction laydown area for gas pipeline.

Work No. 8– electrical connections including—

• (a) Work No. 8A (in connection with Unit X) – up to 400 kilovolt underground electrical connection between Work No. 4A and the existing 400 kilovolt National Grid substation busbars—

• (i) electrical underground cables and telemetry and electrical protection auxiliary cabling;

• (ii) one set of cable sealing ends;

• (iii) insulated switchgear and overhead busbars;

• (iv) trenching works;

• (v) site drainage;

• (vi) security and site lighting infrastructure, including cameras, perimeter fencing and lighting columns; and

• (vii) hard and soft landscaping including ecological mitigation.

• (b) Work No. 8B (in connection with Unit Y) – up to 400 kilovolt underground electrical connection between Work No. 4B and the existing 400 kilovolt National Grid substation busbars of either—

• (i) electrical underground cables and telemetry and electrical protection auxiliary cabling;

• (ii) one set of cable sealing ends;

• (iii) insulated switchgear and overhead busbars;

• (iv) trenching works;

• (v) site drainage;

• (vi) security and site lighting infrastructure, including cameras, perimeter fencing and lighting columns; and

• (vii) hard and soft landscaping including ecological mitigation;

Or—

• (viii) electrical underground cables and telemetry and electrical protection auxiliary cabling;

• (ix) a 400 kilovolt cable sealing end compound—

• (aa) one set of cable sealing ends;

• (bb) air insulated switchgear and overhead busbars; and

• (cc) overhead conductor gantry, overhead conductors and other plant and structures required to manage the transmission of electricity;

• (x) trenching works;

• (xi) site drainage;

• (xii) security and site lighting infrastructure, including cameras, perimeter fencing and lighting columns; and

• (xiii) hard and soft landscaping including ecological mitigation.

Work No. 9– temporary construction laydown areas including—

• (a) Work No. 9A– temporary construction laydown area comprising—

• (i) areas of hardstanding;

• (ii) car parking;

• (iii) pedestrian bridge including ducts for the carrying of electricity and other utility services;

• (iv) site and welfare offices and workshops;

• (v) security infrastructure, including cameras, perimeter fencing and lighting;

• (vi) site drainage and waste management infrastructure (including sewerage); and

• (vii) electricity, water, waste water and telecommunications connections.

• (b) Work No. 9B – a temporary construction laydown area comprising—

• (i) areas of hardstanding;

• (ii) security infrastructure, including cameras, perimeter fencing and lighting;

• (iii) up to two means of access;

• (iv) site drainage and waste management infrastructure (including sewerage);

• (v) car parking; and

• (vi) electricity, water, waste water and telecommunications connections.

Work No. 10– carbon capture readiness comprising—

• (a) Work No. 10A– carbon capture readiness reserve space;

• (b) Work No. 10B– diversions for public rights of way 35.47/1/1 and 35.47/6/1; and

• (c) Work No. 10C– hard and soft landscaping including tree planting, ecological mitigation, temporary and permanent fencing and other boundary treatments.

Work No. 11– retained and enhanced landscaping including—

• (a) soft landscaping including planting;

• (b) landscape and biodiversity enhancement measures; and

• (c) security fencing, gates, boundary treatment and other means of enclosure.

Work No. 12– decommissioning and demolition of sludge lagoons and construction of replacement sludge lagoons including—

• (a) Work No. 12A (in connection with Unit X)—

• (i) decommissioning and demolition of one existing sludge lagoon; and

• (ii) reinstatement of one existing out of service sludge lagoon comprising—

• (aa) bund walls;

• (bb) underground pipework, valves and sluices; and

• (cc) access roads.

• (b) Work No. 12B (in connection with Unit Y)—

• (i) decommissioning and demolition of 2 existing sludge lagoons; and

• (ii) construction of up to two new sludge lagoons comprising—

• (aa) bund walls;

• (bb) underground pipework, valves and sluices; and

• (cc) access roads.

Work No. 13– removal of existing 132 kilovolt overhead line and removal of two 132 kilovolt pylons and foundations.

Work No. 14 – construction of temporary passing place on Rusholme Lane.

In connection with and in addition to Work Nos. 1 to 14, further associated development including—

• (a) surface water drainage systems, storm water attenuation systems including storage basins, oil water separators, including channelling and culverting and works to existing drainage systems;

• (b) electrical, gas, water, foul water drainage and telecommunications infrastructure connections and works to, and works to alter the position of, such services and utilities connections;

• (c) hard standing and hard landscaping;

• (d) biodiversity measures;

• (e) closed circuit television cameras and columns and other security measures;

• (f) site establishments and preparation works including site clearance (including vegetation removal, demolition of existing buildings and structures); earthworks (including soil stripping and storage and site levelling) and excavations; the alteration of the position of services and utilities; and works for the protection of buildings and land;

• (g) temporary construction laydown areas and contractor facilities, including materials and plant storage and laydown areas; generators; concrete batching facilities; vehicle and cycle parking facilities; pedestrian and cycle routes and facilities; offices and staff welfare facilities; security fencing and gates; external lighting; roadways and haul routes; wheel wash facilities; and signage;

• (h) vehicle parking and cycle storage facilities;

• (i) accesses, roads and pedestrian and cycle routes;

• (j) tunnelling, boring and drilling works,

and further associated development comprising such other works or operations as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the authorised development but only within the Order limits and insofar as they are unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Editorial notes

[^c23895641]: 2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c.20). Part 7 was amended by S.I. 2017/16.

[^c23895651]: S.I. 2010/103, amended by S.I. 2012/635.

[^c23895661]: S.I. 2017/572, amended by S.I 2018/695, S.I 2018/834, S.I 2018/942.

[^c23895671]: 1961 c.33.

[^c23895681]: 1965 c.56.

[^c23895691]: 1980 c.66.

[^c23895701]: 1981 c.66.

[^c23895711]: 1984 c.27.

[^c23895721]: 1990 c.8.

[^c23895731]: 1991 c.22.

[^c23895741]: 2008 c.29.

[^c23895751]: 1909 c.34. This Act was repealed by the Electricity Act 1989 (c.29).

[^c23895761]: 1919 c.100. This Act was repealed by the Electricity Act 1989.

[^c23895771]: 1989 c.29.

[^c23895781]: 1981 c.67.

[^c23895791]: 1947 c.51. This Act was repealed by the Planning (Consequential Provisions) Act 1990 (c.11).

[^c23895801]: 1962 c.38. This Act was repealed by the Planning (Consequential Provisions) Act 1990.

[^c23895811]: 1971 c.78. This Act was repealed by the Planning (Consequential Provisions) Act 1990.

[^c23895821]: 2003 c.21.

[^c23895831]: 1989 c. 29.

[^c23895841]: 1986 c.44.

[^c23895851]: 2017 c.20.

[^c23895861]: 1991 c.59.

[^c23895871]: 2004 c.18.

[^c23895881]: 1991 c.56.

[^c23895891]: S.I. 2016/1154.

[^c23895901]: 1964 c.40.

[^c23895911]: 1991 c.57.

[^c23895921]: 1857 c.81.

[^c23895931]: 2003 c.21.

[^c23895941]: S.I. 1997/1160.

[^c23895951]: 1990 c.43.

[^c23895961]: 1974 c.40.

[^c23895971]: 1978 c.30.

[^c23895981]: 1973 c.26.

[^c23895991]: 1971 c.80.

[^c23896001]: S.I 2012/2920, amended by S.I 2013/2153 and S.I 2014/357 and S/I 2014/2026.

[^c23896011]: 1989 c.29.

[^c23896021]: 1991 c.56.

[^c23896031]: 1986 c.44.

[^c23896041]: 1991 c.56.

[^c23896051]: 2003 c.21.

[^c23896061]: 1989 c.29.

[^key-9f111177beeed57dccfe998b386e7907]: Art. 1 in force at 25.10.2019, see art. 1

[^key-22d65dd1ae2c0864ac3a9d1ee90d687d]: Art. 2 in force at 25.10.2019, see art. 1

[^key-7496094916b913bff4187a6fec7fbafa]: Art. 3 in force at 25.10.2019, see art. 1

[^key-7f0bb48c5af891710fb0e32977a2991d]: Art. 4 in force at 25.10.2019, see art. 1

[^key-e2200d57b2c7ff5881658aadbb6ae1ee]: Art. 5 in force at 25.10.2019, see art. 1

[^key-7eafbc0fc934d971a7c800f03207fb7b]: Art. 6 in force at 25.10.2019, see art. 1

[^key-d319b5762ba788d9de6d3e6a7bb39338]: Art. 7 in force at 25.10.2019, see art. 1

[^key-3a8b3e425527bba5e79d1fcadf891329]: Art. 8 in force at 25.10.2019, see art. 1

[^key-e86d457030766a2edc02bd0be3d8269d]: Art. 9 in force at 25.10.2019, see art. 1

[^key-623431f7014c2c785fb2e1ef5c0dd1ca]: Art. 10 in force at 25.10.2019, see art. 1

[^key-7efa283c22207bdbf7ea0dd4dce49e71]: Art. 11 in force at 25.10.2019, see art. 1

[^key-d586cd852d1accf99709f157770f450e]: Art. 12 in force at 25.10.2019, see art. 1

[^key-6c98446d36177ec1c3a50dd9c2d4282f]: Art. 13 in force at 25.10.2019, see art. 1

[^key-c7584ecdd252d702015c1b7b342ed709]: Art. 14 in force at 25.10.2019, see art. 1

[^key-26637672eb6db6205640681dedeee72e]: Art. 15 in force at 25.10.2019, see art. 1

[^key-b01b72574d20ed9454d197830709c0cb]: Art. 16 in force at 25.10.2019, see art. 1

[^key-180f5c81e947580f5649dc3c9b73533e]: Art. 17 in force at 25.10.2019, see art. 1

[^key-ef84f5e3fc187672cbabb0dcb015da51]: Art. 18 in force at 25.10.2019, see art. 1

[^key-bbe9a4b33cb76ddbce5dba14da599919]: Art. 19 in force at 25.10.2019, see art. 1

[^key-80e3e6f8f711c6aafab964c05d173c34]: Art. 20 in force at 25.10.2019, see art. 1

[^key-7524b2b3695a14c80ef1e5c783bfa91d]: Art. 21 in force at 25.10.2019, see art. 1

[^key-e564da946a044effec83a112107d1c66]: Art. 22 in force at 25.10.2019, see art. 1

[^key-c828bb146b1ca610268df1180a807796]: Art. 23 in force at 25.10.2019, see art. 1

[^key-91d59605ee4560610d1ab7810bde3adc]: Art. 24 in force at 25.10.2019, see art. 1

[^key-0cc4fbf987463183e212b7281b26773b]: Art. 25 in force at 25.10.2019, see art. 1