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The North Lincolnshire Green Energy Park Order 2025

S.I. 2025/362 · Made 13 March 2025 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 15 May 2026.

Infrastructure Planning

Made 13th March 2025

Coming into force 4th April 2025

An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1 (“the 2008 Act”) and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 and for an Order granting development consent.

The application was examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 2 of Part 6 of the 2008 Act and in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3. The Examining Authority has submitted a report to the Secretary of State under section 74(2) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f4 and, as a national policy statement has effect in relation to the proposed development, has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an Order giving effect to the proposals comprised in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120, 122, 123 and 140 of the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c. 29; Parts 1 to 7 were amended by the Localism Act 2011 (c. 20), Chapter 6 of Part 6, and Part 1 of Schedule 13.

f2

S.I. 2009/2264.

f3

S.I. 2010/103, amended by S.I. 2012/635.

f4

S.I. 2017/572.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Electronic Communications
  5. Part 2: PRINCIPAL POWERS
  6. 4Development consent etc. granted by the Order
  7. 5Limits of deviation
  8. 6Maintenance of authorised development
  9. 7Operation of authorised development
  10. 8Planning permission
  11. 9Benefit of the Order
  12. 10Consent to transfer the benefit of the Order
  13. 11Application and modification of legislative provisions
  14. Part 3: STREETS
  15. 12Street works
  16. 13Power to alter layout, etc., of streets
  17. 14Permanent stopping up of streets
  18. 15Temporary stopping up of streets
  19. 16Public rights of way – creation and temporary stopping up
  20. 17Accesses
  21. 18Clearways, prohibitions and restrictions
  22. 19Classification of highways
  23. 20Speed limits
  24. 21Traffic regulation
  25. 22Agreements with street authorities
  26. Part 4: COMPULSORY ACQUISITION
  27. 23Funding
  28. 24Compulsory acquisition of land
  29. 25Time limit for exercise of authority to acquire land and rights compulsorily
  30. 26Compulsory acquisition of rights
  31. 27Private rights
  32. 28Application of the 1981 Act
  33. 29Application of Part 1 of the 1965 Act
  34. 30Acquisition of subsoil or airspace only
  35. 31Rights under or over streets
  36. 32Temporary use of land for carrying out the authorised development
  37. 33Temporary use of land for maintaining the authorised development
  38. 34Statutory undertakers
  39. 35Apparatus and rights of statutory undertakers in stopped up streets
  40. 36Recovery of costs of new connections
  41. Part 5: SUPPLEMENTAL POWERS
  42. 37Discharge of water
  43. 38Authority to survey and investigate the land
  44. Part 6: OPERATIONS
  45. 39Felling or lopping of trees
  46. 40Removal of hedgerows
  47. Part 7: MISCELLANEOUS AND GENERAL
  48. 41Removal of human remains
  49. 42Protective provisions
  50. 43Application of landlord and tenant law
  51. 44Operational land for purposes of the 1990 Act
  52. 45Defence to proceedings in respect of statutory nuisance
  53. 46Certification of plans, etc.
  54. 47Service of notices
  55. 48Procedure in relation to certain approvals, etc.
  56. 49Arbitration
  57. Signature
  58. Schedule 1: AUTHORISED DEVELOPMENT
  59. 1AUTHORISED DEVELOPMENT
  60. 1In the Borough of North Lincolnshire
  61. Energy park: ERF infrastructure
  62. 2PARAMETERS TABLE
  63. Schedule 2: REQUIREMENTS
  64. Part 1: REQUIREMENTS
  65. 1Interpretation
  66. 2Commencement and phasing of the authorised development and notices
  67. 3Detailed design
  68. 4Environmental management
  69. 5Lighting scheme
  70. 6Landscape design
  71. 7Landscape and ecology management
  72. 8Water Resources Assessment
  73. 9Surface water drainage
  74. 10Foul water drainage
  75. 11Construction traffic management and travel planning
  76. 12Archaeology
  77. 13Flood risk
  78. 14Operational travel plan
  79. 15New highway access
  80. 16Fuel Type
  81. 17Decommissioning
  82. 18Combined heat and power
  83. 19Commissioning
  84. 20Carbon Capture
  85. 21Rail
  86. 22Local employment and skills
  87. 23Noise
  88. 24PRF
  89. 25Approved details and amendments to them
  90. 26Amendments agreed by the relevant planning authority
  91. 27Requirement for written approval
  92. 28Anticipatory steps towards compliance with any requirement
  93. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  94. 29Applications made under requirements
  95. 30Fees
  96. 31Further information
  97. 32Appeals
  98. 33Interpretation
  99. Schedule 3STREETS SUBJECT TO STREET WORKS
  100. Schedule 4STREETS TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  101. Schedule 5: PUBLIC RIGHTS OF WAY
  102. 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY SUSPENDED
  103. 2NEW PUBLIC RIGHTS OF WAY TO BE CREATED
  104. Schedule 6: PRIVATE MEANS OF ACCESS
  105. 1PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  106. 2NEW PRIVATE MEANS OF ACCESS CREATED
  107. Schedule 7CLEARWAYS
  108. Schedule 8CLASSIFICATION OF HIGHWAYS
  109. Schedule 9SPEED LIMITS
  110. Schedule 10: LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  111. 1OPTION A – LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  112. 2OPTION B - LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  113. Schedule 11: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  114. 1Compensation enactments
  115. 2Compensation enactments
  116. 3Compensation enactments
  117. 4Application of the 1965 Act
  118. 5Application of the 1965 Act
  119. 6Application of the 1965 Act
  120. 7Application of the 1965 Act
  121. 8Application of the 1965 Act
  122. 9Application of the 1965 Act
  123. 10Application of the 1965 Act
  124. Schedule 12: LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  125. 1OPTION A - LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  126. 2OPTION B - LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  127. Schedule 13: REMOVAL OF HEDGEROWS
  128. 1HEDGEROWS
  129. 2IMPORTANT HEDGEROWS
  130. Schedule 14: PROTECTIVE PROVISIONS
  131. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  132. 1Paragraph 1
  133. 2Paragraph 2
  134. 3Paragraph 3
  135. 4Paragraph 4
  136. 5Paragraph 5
  137. 6Paragraph 6
  138. 7Paragraph 7
  139. 8Paragraph 8
  140. 9Paragraph 9
  141. 10Paragraph 10
  142. 11Paragraph 11
  143. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  144. 12Paragraph 12
  145. 13Paragraph 13
  146. 14Paragraph 14
  147. 15Paragraph 15
  148. 16Paragraph 16
  149. Part 3: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
  150. 17Application
  151. 18Interpretation
  152. 19Apparatus in stopped up streets
  153. 20Acquisition of land
  154. 21Removal of apparatus
  155. 22Facilities and rights for alternative apparatus
  156. 23Retained apparatus
  157. 24Expenses and costs
  158. 25Expenses and costs
  159. 26Expenses and costs
  160. 27Cooperation
  161. 28Unmapped Apparatus
  162. 29Miscellaneous
  163. 30Miscellaneous
  164. 31Disputes
  165. Part 4: FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC
  166. 32Paragraph 32
  167. 33Paragraph 33
  168. 34Paragraph 34
  169. 35Paragraph 35
  170. 36Paragraph 36
  171. 37Paragraph 37
  172. 38Paragraph 38
  173. 39Paragraph 39
  174. 40Paragraph 40
  175. 41Paragraph 41
  176. 42Paragraph 42
  177. 43Paragraph 43
  178. 44Paragraph 44
  179. 45Paragraph 45
  180. Part 5: FOR THE PROTECTION OF RAILWAY INTERESTS
  181. 46Paragraph 46
  182. 47Paragraph 47
  183. 48Paragraph 48
  184. 49Paragraph 49
  185. 50Paragraph 50
  186. 51Paragraph 51
  187. 52Paragraph 52
  188. 53Paragraph 53
  189. 54Paragraph 54
  190. 55Paragraph 55
  191. 56Paragraph 56
  192. 57Paragraph 57
  193. 58Paragraph 58
  194. 59Paragraph 59
  195. 60Paragraph 60
  196. 61Paragraph 61
  197. 62Paragraph 62
  198. 63Paragraph 63
  199. 64Paragraph 64
  200. 65Paragraph 65
  201. 66Paragraph 66
  202. 67Paragraph 67
  203. Part 6: FOR THE PROTECTION OF CADENT GAS LIMITED
  204. Application
  205. 68Paragraph 68
  206. Interpretation
  207. 69Paragraph 69
  208. On Street apparatus
  209. 70Paragraph 70
  210. Apparatus of Cadent in stopped up streets
  211. 71Paragraph 71
  212. Acquisition of land
  213. 72Paragraph 72
  214. Removal of apparatus
  215. 73Paragraph 73
  216. Facilities and rights for alternative apparatus
  217. 74Paragraph 74
  218. Retained apparatus: protection of Cadent
  219. 75Paragraph 75
  220. Expenses
  221. 76Paragraph 76
  222. Indemnity
  223. 77Paragraph 77
  224. Enactments and agreements
  225. 78Paragraph 78
  226. Co-operation
  227. 79Paragraph 79
  228. Access
  229. 80Paragraph 80
  230. Arbitration
  231. 81Paragraph 81
  232. Notices
  233. 82Paragraph 82
  234. Schedule 15DOCUMENTS AND PLANS TO BE CERTIFIED
  235. Explanatory note