The Kemsley Mill K4 Combined Heat and Power Generating Station Order 2019

Article 3

SCHEDULE 2REQUIREMENTS

Interpretation

1.  In this Schedule—

“AOD” means above ordnance datum;

“CEMP” means construction environmental management plan;

“commissioning” means the process during which plant components and systems forming part of the authorised development, having been constructed or modified, are made operational and are tested and verified to be in accordance with design assumptions and to have met the appropriate safety criteria;

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

Time limit

2.  The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Notice of commencement of authorised development

3.  Notice of commencement of the authorised development must be given to the relevant planning authority within 7 days of the date on which the authorised development is commenced.

Commissioning of authorised development: notice of commencement and completion

4.—(1) Notice of the commencement of commissioning must be given to the relevant planning authority within 7 days of the date on which commissioning is commenced.

(2) Notice of the completion of commissioning must be given to the relevant planning authority within 7 days of the date on which commissioning is completed.

Detailed design

5.—(1) No part of the authorised development may be commenced until written details of the following for that part have been submitted to and approved by the relevant planning authority—

(a)the siting, design, external appearance, dimensions and floor levels of all permanent buildings and structures;

(b)the colour, materials and surface finishes of all permanent buildings and structures;

(c)the durability of all cladding materials; and

(d)the consideration given to the inclusion of the climate change mitigation measures referred to in table 13-1 of the environmental statement and the measures that have been included.

(2) The details to be submitted for approval under sub-paragraph (1) must—

(a)be in accordance with the design and access statement; and

(b)include appropriately scaled plans and sectional drawings.

(3) The authorised development must be carried out in accordance with the approved plans and any other approvals given by the relevant planning authority pursuant to this requirement.

(4) The authorised development must be carried out in accordance with the parameters specified in Table 1 below and the works plans (as the same may be amended by approval of the relevant planning authority pursuant to requirement 17).

Cessation of operation of existing generating station

6.—(1) The undertaker must cease to operate the existing generating station as soon as reasonably practicable following service of the commencement notice referred to in requirement 4(1), having regard to the operational requirements of the paper mill, and in any event within 12 months of the date of service of the commencement notice.

(2) Sub-paragraph (1) does not require the undertaker to demolish any part of the existing generating station.

(3) In this requirement, “existing generating station” means the existing gas-fired K1 combined heat and power plant, excluding the items comprising Work No. 2.

Construction Environmental Management Plan

7.—(1) No part of the authorised development may be commenced until a CEMP for that part has been submitted to and approved by the relevant planning authority in consultation with the highway authority.

(2) The CEMP, which must specify measures to mitigate the impacts of construction works, must be substantially in accordance with the outline CEMP.

(3) Construction works for the authorised development must be carried out in accordance with the approved CEMP for that part.

Construction Traffic Management Plan

8.—(1) No part of the authorised development may be commenced until a Construction Traffic Management Plan for that part has been submitted to and approved by the relevant planning authority in consultation with the highway authority.

(2) The Construction Traffic Management Plan must:

(a)specify measures to mitigate the impacts of construction traffic during the construction works;

(b)be substantially in accordance with section 4.8 of the environmental statement; and

(c)include a travel plan for contractors that sets out measures to control the arrival and departure of construction staff during peak travel times (08:00 to 09:00 and 17:00 to 18:00 on weekdays).

(3) Construction works for the authorised development must be carried out in accordance with the approved Construction Traffic Management Plan for that part.

External lighting

9.—(1) No part of the authorised development may be commenced until a scheme for the management and mitigation of artificial light emissions during the construction, operation and decommissioning of the authorised development has been submitted to and approved by the relevant planning authority.

(2) The scheme must be designed to avoid any consequential impact on eel and elver and other wildlife.

(3) The scheme approved under sub-paragraph (1) must be implemented and maintained as approved.

Construction hours

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

(a)07:00 and 19:00 Monday to Friday; and

(b)07:00 and 16:00 on Saturdays, Sundays and public holidays,

unless otherwise agreed by the relevant planning authority.

(2) Emergency works are permitted outside the hours referred to in sub-paragraph (1).

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

Surface and foul water drainage

11.—(1) No part of the authorised development may be commenced until written details of the surface and foul water drainage system (including means of pollution control) for that part have been submitted to and approved by the relevant planning authority in consultation with the lead local flood authority and the relevant internal drainage board.

(2) The details submitted under sub-paragraph (1) must include the plans and strategies referred to in table 9-17 of the environmental statement.

(3) The surface and foul water drainage system for the relevant part of the authorised development must be constructed in accordance with the approved details unless otherwise agreed in writing by the relevant planning authority following consultation with the lead local flood authority and the relevant internal drainage board.

Land contamination and groundwater

12.—(1) No part of the authorised development may be commenced, and no archaeological investigations, investigations for the purpose of assessing ground conditions or remedial work in respect of contamination or other adverse ground conditions may take place, until details of ground gas protection measures for that part, or for those activities to the extent they may be required, have been submitted to and approved by the relevant planning authority.

(2) Construction works for the authorised development must be carried out in accordance with the approved ground gas protection measures.

(3) If contamination not previously identified is found during the construction of the authorised development, no further works for the authorised development may be carried out in the affected area until an investigation and remediation scheme has been submitted to and approved by the relevant planning authority, in consultation with the Environment Agency in respect of groundwater protection; and the scheme must include details of—

(a)how the contamination is to be identified and assessed;

(b)where remediation is required by the scheme, the remediation measures;

(c)timescales for carrying out the remediation measures; and

(d)any ongoing monitoring or mitigation requirements.

(4) Any remediation measures identified in the investigation and remediation scheme mentioned in sub-paragraph (3) must be carried out in accordance with the approved scheme.

Archaeology

13.—(1) No part of the authorised development may be commenced, and no archaeological investigations, investigations for the purpose of assessing ground conditions or remedial work in respect of contamination or other adverse ground conditions may take place, until for that part a written scheme for the investigation of areas of archaeological interest has been submitted to and approved by the relevant planning authority in consultation with Kent County Council.

(2) The scheme approved under sub-paragraph (1) must:

(a)include details of further assessment and survey work to be undertaken to identify areas of potential archaeological interest that may be impacted by development;

(b)identify the measures to be taken to investigate, protect, record or preserve any significant archaeological remains that may be found; and

(c)include a scheme of post investigation assessment, analysis and reporting of the results following completion of the archaeological works.

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

(4) Any archaeological works must be carried out in accordance with the approved scheme.

Works in vicinity of gas apparatus

14.—(1) No work involving excavations shall take place within 3 metres of gas apparatus belonging to Southern Gas Networks PLC unless the undertaker has first obtained written consent from Southern Gas Networks PLC for those works to proceed.

(2) The undertaker shall provide such information as Southern Gas Networks PLC may reasonably require in order for it to respond to a request for consent under sub-paragraph (1).

Piling

15.—(1) No part of the authorised development may be commenced until a piling risk assessment for that part has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.

(2) Construction works for the authorised development must be carried out in accordance with the approved piling method and agreed risk management for that method as set out in the approved piling risk assessment.

16.—(1) No impact piling associated with the authorised development shall take place during the months of January and February.

(2) No more than ten days of impact piling associated with the authorised development, whether consecutive or otherwise, shall take place in the period consisting of the months of November and December.

(3) This requirement does not restrict impact piling associated with the authorised development between the months of March and October inclusive.

Amendments to approved plans, etc.

17.—(1) With respect to any plans, details, schemes or other documents which require approval by the relevant planning authority pursuant to any requirement (the “Approved Plans”), the undertaker may submit to the relevant planning authority for approval any amendments to the Approved Plans and following any such approval by the relevant planning authority the Approved Plans are to be taken to include the amendments approved pursuant to this sub-paragraph.

(2) Approval under sub-paragraph (1) for amendments to the parameters identified in requirement 5(4) above must not be given except where it has been demonstrated to the satisfaction of the relevant planning authority that the subject-matter of the approval sought does not give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved (as identified in the environmental statement).

Requirement for written approval

18.  Where under any requirement the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be provided in writing.

Decommissioning and demolition strategy

19.—(1) Unless otherwise agreed with the relevant planning authority, within 24 months of the authorised development ceasing to be used for the purposes of electricity and steam generation (either actively generating or being available to generate on a standby basis), a scheme for the decommissioning, demolition and removal of Work No. 1 must be submitted to the relevant planning authority.

(2) Subject to obtaining the necessary consents and unless otherwise agreed with the relevant planning authority, the demolition and removal of Work No. 1 must be implemented in accordance with the approved scheme.

(3) On the one year anniversary of the authorised development ceasing to be used for the purposes of electricity and steam generation (either actively generating or being available to generate on a standby basis), the undertaker must notify the relevant planning authority of the same.