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Our ref: 12.04.09.04/32C DEPARTMENT OF ENERGY AND CLIMATE CHANGE ELECTRICITY ACT 1989 CONSTRUCTION AND OPERATION OF A BIOMASS FUELLED GENERATING STATION AT LAND AT POLLINGTON IN THE EAST RIDING OF YORKSHIRE AND GREAT HECK IN THE DISTRICT OF SELBY IN THE COUNTY OF NORTH YORKSHIRE

1. Pursuant to section 36 of the Electricity Act 1989 the Secretary of State for Energy and Climate Change ("the Secretary of State") hereby consents to the construction, on the area of land outlined and hatched red on Drawing Number 2906-C-036 Rev B, annexed hereto and duly endorsed on behalf of the Secretary of State, of a biomass fuelled generating station (burning waste wood feedstock Grades A, B and C, but excluding Grade D (as defined in Chapter 1.6.2 of the Environmental Statement submitted as part of the application to the Secretary of State dated 21 December 2009) at land at Pollington in the East Riding of Yorkshire and Great Heck in the District of Selby in the County of North Yorkshire ("the Development"), and to the operation of that generating station. This consent is granted to Dalkia PLC and its assigns and successors ("the Company").

2. Subject to paragraph 3(1), the Development shall be up to 53MW capacity and comprise: (a) up to three boilers; (b) up to three steam turbines; (c) water cooled condensers; (d) fuel feedstock sorting facility/building; (e) canal wharf materials handling facilities; (f) ancillary plant and equipment;

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(g) the necessary buildings (including administration offices, research & development laboratories, workshops and stores) structures, civil engineering and water treatment works; and

3.

This consent is granted subject to the following conditions:

(1) The Development shall be constructed and operated in accordance with the details contained in paragraph 2 of this consent and the application dated 21 December 2009, subject to any minor changes which may be approved by the relevant planning authorities pursuant to the requirements of deemed planning permission.

(2) The commencement of the Development shall not be later than five years from the date of this consent, or such longer period as the Secretary of State may hereafter direct in writing.

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DIRECTION TO DEEM PLANNING PERMISSION TO BE GRANTED UNDER SECTION 90 OF THE TOWN AND COUNTRY PLANNING ACT 1990

CONSTRUCTION AND OPERATION OF A BIOMASS FUELLED GENERATING STATION AT LAND AT POLLINGTON IN THE EAST RIDING OF YORKSHIRE AND GREAT HECK IN THE DISTRICT OF SELBY IN THE COUNTY OF NORTH YORKSHIRE

4. The Secretary of State in exercise of the powers conferred on him by section 90(2) of the Town and Country Planning Act 1990 hereby directs that planning permission for the Development be deemed to be granted subject to the following conditions: Definitions (1) In this Direction unless the context otherwise requires"applicable mandatory sustainability criteria" means: (i) the mandatory sustainability criteria which the Development must comply with from time to time as a condition of eligibility for financial assistance under a relevant assistance regime; or (ii) if financial assistance has been granted under a relevant assistance regime in respect of the Development for a limited period of time and that period has elapsed so that the Development is no longer eligible for financial assistance under any relevant assistance regime, those criteria by compliance with which the operation of the Development was most recently eligible for such assistance, and, at the time when they are burnt, biomass fuel feedstocks shall be taken to comply with the applicable mandatory sustainability criteria if, at that time, the Company has reason to believe that they comply with the applicable mandatory sustainability criteria; "BS 4142:1997" means British Standard 4142:1997 - Method for rating industrial noise affecting mixed residential and industrial areas; "BS 5228-1:2009" means British Standard 5228-1:2009 - Code of Practice for noise and vibration control on Construction and Open Sites: Noise; "BS 5228-2:2009" means British Standard 5228-2:2009 - Code of Practice for noise and vibration control on Construction and Open Sites: Vibration; 3

"Bank Holiday" means a day that is, or is to be observed as, a Bank Holiday or a holiday under the Banking and Financial Dealings Act 1971; "biomass fuel feedstocks " means waste wood feedstocks Grades A, B and C, which qualify as "biomass" under: (i) Article 4 of the Renewables Obligation Order 2009 (S.I. 2009 No. 785); or (ii) such provisions of a relevant assistance regime incorporating applicable mandatory sustainability criteria as define biomass for the purposes of that regime; "British Waterways Board" means British Waterways Board and its successors; "CHPQA Standard issue 3" means the CHPQA Standard document issued in January 2009 which sets out the definitions, criteria and methodologies for the operation of the UK's CHP Quality Assurance (CHPQA) programme; "the commencement of the Development" means the date on which the Development shall be taken to be initiated by the carrying out of material operations in accordance with section 56 of the Town and Country Planning Act 1990 (as amended); "the commissioning of the Development" means the date on which the Development first supplies electricity on a commercial basis; "the Company" means Dalkia PLC and its assigns and successors; "creative conservation" means the establishment of areas which are capable of sustaining local indigenous species of flora and fauna as well as habitat such as those outlined in the local biodiversity action plan or its equivalent from the UK Biodiversity Action Plan; "the Development" means the electricity generating station and ancillary development at Pollington in the East Riding of Yorkshire and Great Heck in the district of Selby in the county of North Yorkshire described in the application to the Secretary of State dated 21 December 2009; "emergency" means circumstances in which there is reasonable cause for apprehending imminent injury to persons, serious damage to property or danger of serious pollution to the environment; "Environment Agency" means the Environment Agency and its successors; "heavy commercial vehicle" has the meaning given by section 138 of the Road Traffic Regulation Act 1984; "Highways Agency" means the Highways Agency and its successors; "interest land" means the land shown outlined blue on attached Drawing Number 2906-C-036 Rev B; 4

"mandatory sustainability criteria" means criteria relating to the sustainability of biomass for energy use (other than biofuels and bioliquids) which are prescribed in a relevant assistance regime; "the main Development" means the construction work commencing with the placing of the first concrete for the main plant foundations of the Development; "Natural England" means Natural England and its successors; "North Yorkshire Police" means North Yorkshire Police and its successors; "operating weight" in relation to a goods vehicle has the meaning given by section 138 of the Road Traffic Regulation Act 1984; "Permitted Preliminary Works" means: (i) landscaping and creative conservation, providing they do not require the delivery or removal of bulk filling materials to or from the Site, required pursuant to Condition (46); (ii) (iii) (vii) surveys and geotechnical surveys; installation and diversion of utility services within the Site; provision of wheel cleansing facilities required pursuant to Condition (9); and

(viii) provision for temporary contractors' facilities necessary for (i) to (vii) above; "relevant assistance regime" means the provisions of any legislation or other legally binding arrangements under or by virtue of which the generation of electricity from biomass fuel feedstocks on a commercial basis qualifies for financial assistance by reason of the burning of biomass fuel feedstocks which comply with prescribed sustainability criteria; and "the relevant Council" means East Riding of Yorkshire Council and/or Selby District Council and/or North Yorkshire County Council and their successors; "the Site" means the area of land outlined and hatched red on Drawing No. 2906-C036 Rev. B annexed hereto; and "waste wood feedstock Grades A, B and C" means waste wood feedstock Grades A, B and C (but excluding Grade D) as defined in Chapter 1.6.2 of the Environmental Statement submitted as part of the application to the Secretary of State dated 21 December 2009;

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The Site (2) The construction of the Development shall only take place within the boundary of the Site.

Reason: To ensure that no construction takes place beyond the boundary of the area that is the subject of this planning permission.

Time Limits (3) The commencement of the Development shall not be later than the expiry of five years from the date of this permission.

Reason: To reflect the time it may reasonably take to put in place the necessary preconstruction measures required, for example ­ tendering, obtaining the necessary financing and design of the proposal.

Street Naming/Numbering (4) The commissioning of the Development shall not take place until the Company has identified a name and/or number for the Development with the relevant Council.

Reason: In the interest of highway safety and to ensure the emergency services know where to go in the event of an emergency. Site Access (5) Except for the Permitted Preliminary Works, the commencement of the Development shall not take place until a scheme of works has been submitted to, approved in writing by and deposited with the relevant Council for: i) access arrangements onto the Heck and Pollington Lane public highway from both the private haul road leading from the wharf at the Aire & Calder Navigation Canal and from the power plant; and any modifications required to the Heck and Pollington Lane public highway, including the design and construction of a new junction.

ii)

The scheme may be varied with the written agreement of the relevant Council.

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The commissioning of the Development shall not take place until the works have been completed in accordance with the approved scheme and the relevant Council has confirmed in writing that the works are complete. Reason: To manage access onto the Site and provide a safe means of access to and egress from the Site.

Site Layout, Design and Fire Prevention (6) Except for the Permitted Preliminary Works, the commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the relevant Council a scheme which shall include provisions for the: (i) details of the siting, design (including the energy efficiency standards to which buildings are to be constructed to), external appearance and dimensions of all new or modified buildings and structures, which are to be retained following the commissioning of the Development; (ii) details of the colour, materials and surface finishes in respect of those buildings and structures referred to in (i) above; (iii) details of vehicular circulation roads, parking, hardstandings, turning facilities and loading and unloading facilities on the Site; (iv) details of all new or modified permanent fencing and gates required on the Site; (v) details of fire suppression measures and access of fire extinguishing appliances to all major buildings, structures and storage areas; (vi) details of artificial lighting required during the operation of the Development; (vii) details of storage bays, walkways and gantries and methods of feedstock control to be maintained following the commissioning of the Development; and (viii) phasing of works included in the scheme. (7) The Development shall proceed only in accordance with the scheme referred to in Condition (6) subject to any variation as may be approved in writing by the relevant Council.

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(8)

The use of columns for artificial lighting shall not exceed the obtrusive light limitations of sky glow, light into windows, source intensity and building luminance specified in the Institution of Lighting Engineers document "Guidance Notes for the Reduction of Obtrusive Light: GNO1 2005", nor shall such lighting be arranged so that danger or inconvenience is caused to users of the nearby public highways.

Reasons: Conditions (6) and (7) are to enable the relevant Council to exercise reasonable and proper control over the design and appearance of the Development and fire prevention measures. Condition (8) is to reduce light pollution and protect the amenity of local residents and highway safety.

Wheel Washing (9) Except for the Permitted Preliminary Works, the commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the relevant Council a scheme for the provision of wheel cleansing facilities for heavy commercial vehicles and any mobile plant which has an operating weight exceeding three tonnes. Such approved facilities shall be installed in accordance with a timescale to be approved in advance, in writing, by the relevant Council and shall be maintained throughout the period of the construction of the Development unless any variation has been approved in writing by the relevant Council. All heavy commercial vehicles, and any mobile plant which has an operating weight exceeding three tonnes, associated with the construction of the Development, other than those vehicles exclusively using tarmacadam or concrete roads, shall on each occasion when it leaves the Site, pass through the wheel cleansing facilities provided pursuant to Condition (9) prior to leaving.

(10)

Reason: To ensure that mud and deleterious material is not deposited on the public highway.

Green Travel Plan (11) The commencement of the Development shall not take place until a Green Travel Plan has been submitted to, approved in writing by and deposited with the relevant Council. The Plan shall set out proposals to positively encourage visitors, staff and contractors to travel to and from the Site by alternative means of travel to single occupancy private car, including the provision of cycle parking areas on the Site; a timetable for implementation; and a programme and methodology for monitoring and review. The approved Plan shall be implemented in accordance with the timetable set out 8

therein except in so far as any variation to it has been approved in writing by the relevant Council. Reason: To establish measures to encourage more sustainable non-car modes of transport during the construction and operation of the Development.

Construction, Construction Noise and Construction Traffic (12) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the relevant Council a Construction Environmental Management Plan. The Plan shall include details of how noise, dust and other airborne pollutants, vibration, smoke, and odour from construction work including from piling and associated traffic movements will be controlled and mitigated. The Plan shall use the principles described in the document entitled "The Control of Dust Emissions from Construction and Best Practice Guidance (London Councils: Mayor of London 2006) and utilise the Considerate Constructors Scheme (www.considerateconstructorsscheme.org.uk ). (13) The Construction Environmental Management Plan shall also include details of how any boundary hedgerows and trees within or close to work areas are to be protected. Protection measures shall include the erection of fences prior to any construction or site clearance works to create root protection zones, which for trees shall be in accordance with BS5837:2005 `Trees in relation to construction ­ Recommendations' and for hedgerows, a working distance of at least 5 metres shall be maintained from the outside of any hedge. The construction of the Development shall be completed in accordance with the approved Plan unless any variation has been approved in writing by the relevant Council. (14) All on site activities associated with the construction of the Development shall be carried out in accordance with British Standards 5228-1:2009 and 5228-2:2009. The commencement of the Development shall not take place until there has been submitted to, approved in writing by and deposited with the relevant Council details of the use of reversing alarms to be fitted to all mobile plant on the Site. The approved reversing alarms shall be utilised on mobile plant throughout the period of the construction and operation of the Development. 9

(15)

(16)

No construction work associated with the Development shall take place on the Site at any time on any Sunday or Bank Holiday or on any other day except between the following hours: Monday to Friday Saturday unless such work (a) (b) is associated with an emergency; or is carried out with the prior written approval of the relevant Council; or does not cause existing ambient noise levels to be exceeded; 07.00 ­ 19.00 08.00 ­ 16.00

(c ) (17)

Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express prior written consent of the relevant Council, in consultation with the Environment Agency, which may be given for those parts of the Site where it has been demonstrated that there is no resultant unacceptable risk to groundwater via a scheme that shall be submitted to, approved in writing by, and deposited with the relevant Council, in consultation with the Environment Agency. The scheme shall include details of the method, duration and hours of operation of any piling works. The construction of the Development shall be carried out in accordance with the approved scheme except in so far as any variation to it has been approved in writing by the relevant Council, in consultation with the Environment Agency. No heavy commercial vehicles associated with the construction of the Development shall enter or leave the Site on any Sunday or Bank Holiday or on any other day except between the following hours: Monday to Friday Saturday unless such movement: (a) (b) is associated with an emergency; or is carried out with the prior written approval of the relevant Council. 07.00 ­ 19.00 08.00 ­ 16.00

(18)

(19)

Except in an emergency all heavy commercial vehicles shall enter and access the Site from the Site access roads on the Heck and Pollington Lane public highway. 10

(20)

In any instance where a time limitation referred to in Conditions (16) or (18) or traffic route in Condition (19) is not adhered to, the Company shall as soon as possible and in any case within 2 working days notify the relevant Council and follow up the notification with a written statement detailing the nature of the emergency and the reason why the time limitations or traffic route could not be observed.

Reason: To ensure reasonable and proper control to be exercised over noise and the protection of groundwater during construction activities.

Construction Traffic Management Plan (21) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the relevant Council, in consultation with the Highways Agency and North Yorkshire Police, a Traffic Management Plan. The Plan shall include as a minimum: (i) Results of an investigation assessing the utilisation of the Aire & Calder Navigation Canal to provide a practical, economical and environmentally advantageous (when compared and contrasted with road transportation) means of transportation of plant, equipment and materials associated with the construction of the Development and, in the event that the investigation identifies that the canal could be utilised to provide a practical, economical and environmentally advantageous (when compared and contrasted with road transportation) means of transportation, details of a scheme for the transportation by canal of plant, equipment and materials;

(ii) Specification of haul route(s) and of any temporary signage to be provided to identify the route and promote its safe use; (iii) Identification of the routing strategy and procedures for the notification and conveyance of indivisible `out of gauge' loads. This includes any necessary measures for the temporary protection of carriageway surfaces; for the protection of statutory undertakers' plant and equipment; and for the temporary removal of street furniture;

(iv) Adequate provision for addressing concerns over structural integrity of bridges and any abnormal wear and tear to the public highway; (v) Description of the arrangements to be made for on-site parking for personnel working on the Site and for visitors; and

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(vi) Proposals for communicating information relating to the above plan to the relevant Council. The construction of the Development shall be completed in accordance with the approved Plan except in so far as any variation to it has been approved in writing by the relevant Council, in consultation with the Highways Agency. Reason: To ensure reasonable and proper control is exercised for construction traffic and to ensure that more sustainable modes of transport are considered and, where appropriate, used.

Traffic Movements (22) All heavy commercial vehicles and any other vehicle which has an operating weight greater than 3 tonnes associated with the construction and operation of the Development shall: a) be routed via use of Heck and Pollington Lane to the west of the site only, Long Lane and the A645 (and expressly not Heck and Pollington Lane to the east of the site); b) not exceed a total of 1000 two-way vehicle movements entering and leaving the Site during the construction of the Development; and c) not exceed more than 12 two-way vehicle movements entering and leaving the Site in any one day during the construction of the Development unless such a vehicle movement is: i) associated with an emergency; or ii) is with the written approval of the relevant Council; or iii) is an abnormal or indivisible load authorised by the Highways Agency pursuant to the Road Vehicles (Authorisation of Special Types) (General) Order 2003. (23) In an instance where the route referred to in Condition (22) cannot be adhered to because of an emergency the Company shall as soon as possible provide the relevant Council with a written statement detailing the nature of the emergency and why the route could not be observed. In any instance where the Company has received an authorisation by the Highways Agency pursuant to the Road Vehicles (Authorisation of Special Types) (General) Order 2003 the Company shall, as soon as it receives authorisation, provide the relevant Council with a copy. Not less than one week prior to the commencement of the Development the Company shall erect a notice board on the Site instructing all drivers of heavy commercial vehicles and any other vehicle which has an operating weight greater than 3 tonnes to leave the Site using the route specified in Condition (22). The notice board shall be situated at a location which shall

(24)

(25)

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be clearly visible to all drivers of heavy commercial vehicles and any other vehicle which has an operating weight greater than 3 tonnes.

Reason: To minimise the impact of construction and operational traffic on local residents.

Operational Delivery of Biomass Fuel Feedstocks

(26)

The commissioning of the Development shall not take place until a scheme covering the delivery by the Aire & Calder Navigation Canal of up to 360,000 tonnes of biomass fuel feedstocks per calendar year and the off loading of those feedstocks in enclosed containers only at the canal wharf has been submitted to, agreed in writing by and deposited with the relevant Council, in consultation with British Waterways Board and the Highways Agency. The scheme shall include: i) details of the method and operational working hours of both unloading at the wharf and delivery from the wharf to the power plant and existing on site processing facilities; ii) the monitoring, reporting and review arrangements to be put in place to ensure that, with the exception of vehicles delivering up to 360,000 tonnes of biomass fuel feedstocks per calendar year from the wharf via the private haul road and new junction at the intersection with Heck and Pollington Lane to the power plant and existing on site processing facilities, traffic movements during the normal operation of the Development for the import and export of biomass fuel feedstocks on the public highway do not exceed those permitted under the extant planning permission granted on 25 November 2009 by North Yorkshire County Council (Decision No.C8/2009/0278/CPO) and the agreement under section 106 of the Town and Country Planning Act 1990 between North Yorkshire County Council and Dalkia Energy Limited and David Brown Eunson Johnson and Elizabeth Ruth Johnson dated 9 November 2009; and iii) arrangements during periods of unavailability of the Aire & Calder Navigation Canal for the delivery of biomass fuel feedstocks by road based on DTA Consulting Engineers LLP Multi Discipline Consultancy document `Short Term Alternative to Canal Transportation for Pollington Energy Centre' dated 19 February 2010.

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The approved scheme shall be implemented except in an emergency or as otherwise agreed in writing by the relevant Council, in consultation with British Waterways Board and the Highways Agency.

Reason: To ensure reasonable and proper control is exercised over the tonnage and method of delivery of biomass fuel feedstocks during the normal operation of the Development.

Operational Noise and Vibration

(27)

The commissioning of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the relevant Council a programme for the monitoring of noise generated by the normal commercial operation of the Development. The programme shall specify the locations from which noise will be monitored, the method of noise measurement (which shall be in accordance with BS 4142 1997) and the maximum permissible levels of noise at each such monitoring location. The programme shall make provision for such noise measurements to be taken by the Company following requests by the relevant Council and such measurements shall be given to the relevant Council as soon as they are available and at least within two working days. At such measurement locations noise levels shall not exceed the levels specified in the approved programme, except in an emergency or with the prior written approval of the relevant Council. Notwithstanding any noise measurement and noise measurement location approved by the relevant Council pursuant to Condition (27) the noise generated by the normal commercial operation of the Development shall not exceed the background levels at any time, when measured in accordance with BS4142 1997 in free field conditions at 1.5 metres above ground level at the monitoring positions below and as approximately shown on page 97 of Chapter 8 to the Environmental Statement December 2009 (Folder 1 of 4):

(28)

Monitoring Monitoring position name position reference NSR1 `Highfield' residential development situated off Gowdall Lane, approximately 1275 metres to the east of the biomass energy centre 14

NSR2

NSR3

NSR4 NSR5

`The Bungalow' situated of the C340, approximately 520 metres to the south east of the biomass energy centre and 840 metres to the north east of the canal wharf `Great Heck' village residential dwellings situated at least 720 metres to the west of the biomass energy centre and 630 metres north of canal wharf `East Farm' buildings off Broach Lane, aproximately 730 metres to the north of the biomass energy centre Dwelling located approximately 400 metres to the north west of the canal wharf Such noise shall exhibit no tonal or impulse content at those monitoring positions in any weather conditions unless otherwise agreed in writing with the relevant Council. These limitations as to noise level shall be adhered to at all times except in an emergency or in accordance with any lower noise level which may be approved by the relevant Council pursuant to Condition (27).

(29)

In any instance where the noise limitation referred to in Condition (28) or approved under Condition (27) is exceeded because of an emergency the Company shall as soon as possible, and at least within two working days, provide the relevant Council with a written statement detailing the nature of the emergency and the reason why the noise level and/or limitation could not be observed. If the emergency period is expected to be for more than twenty-four hours then the Company shall inform those residents affected by the emergency of the reasons for the emergency and the expected duration.

(30)

Except in an emergency, the Company shall give at least 2 working day's written notice to the relevant Council of any proposed operation of emergency pressure relief valves or similar equipment likely to cause exceptional noise or disturbance.

So far as is reasonably practicable, any such operation shall not take place on any Saturday, Sunday or Bank Holiday or any other day except the between the following hours; Monday to Friday 0900 - 1700

Reason: To ensure the proper control of noise during the operation of the Development and to give advance warning of the timing of exceptionally noisy events. 15

Prevention of Contamination of Watercourses and Aquifer (31) Except for the Permitted Preliminary Works, the commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with the relevant Council, in consultation with the Environment Agency, a scheme showing the method and working of drainage facilities, including sustainable drainage, on the Site. Such facilities shall be put in place in accordance with the approved scheme. The scheme referred to in Condition (31) shall include: (i) measures to ensure that no leachate or any contaminated surface water from the Site shall be allowed at any time to enter directly or indirectly into any watercourse or underground strata or onto adjoining land; provision to ensure that all existing drainage systems continue to operate and that riparian owners upstream and downstream of the Site are not adversely affected; provision for trapped gullies in car parks, hardstandings and roadways; measures to ensure that all foul sewage must drain to an approved foul sewerage and/or sewage disposal system;

(32)

(ii)

(iii)

(iv)

(v) provisions to distinguish between temporary and permanent parts of the works; and (vi) (33) phasing of works.

Any surface water contaminated with hydrocarbons which are used during the construction of the Development shall be passed through oil/grit interceptor(s) prior to being discharged to any public sewer or watercourse or through another surface water disposal system approved by the Environment Agency. All facilities required for the storage of hydrocarbons, process chemicals or similar liquids which are used during the construction of the Development must be sited on impervious bases and surrounded by impervious bund walls. The size of the bunded compound(s) shall be at least equivalent to the capacity of the largest tank plus 10%. All filling 16

(34)

points, vents and sight glasses must be located within the bund and there must be no drain through the bund floor or walls. (35) All bunded compound(s) referred to in Condition (34) in which acids, alkalis or sulphides are kept, in addition to their being contained in suitable facilities, appropriate protective lining shall be applied to the inner walls of the bunds. Any storage facility to which Conditions (34) or (35) refer shall be completed in accordance with the requirements of those Conditions before being brought into use.

(36)

Reason: To ensure proper drainage of the Site and that proper containment facilities are built. Contaminated Land (37) The commencement of the Development shall not take place until the Company has carried out an investigation to assess the degree of ground contamination of the Site and identify any resulting need for remedial measures and has submitted a written report of the investigation's findings to the relevant Council and the Environment Agency. The investigation shall include testing for hydrocarbons and other contaminants, together with leachability testing. The survey shall include the leachability test results along with the locations at which they were sampled. Any groundwater encountered during the survey shall also be tested for contaminants, in order to assess the mobility of any contaminants encountered. No work associated with the construction of the Development shall take place until the relevant Council, in consultation with the Environment Agency, has approved in writing the report produced pursuant to Condition (37). The commencement of the Development shall not take place until a scheme for carrying out any necessary remedial measures and monitoring their effectiveness has been submitted to, approved in writing by, and deposited with the relevant Council, in consultation with the Environment Agency. The scheme approved pursuant to Condition (39) shall be adhered to during the construction of the Development, except in so far as any variation to it has been approved in writing by the relevant Council, in consultation with the Environment Agency. Should contaminated materials be found on any area of the Site which had been identified as being free of contaminants pursuant to Condition (37) then such area shall be subject to the remedial and monitoring scheme approved pursuant to Condition (39). 17

(38)

(39)

(40)

(41)

(42)

Any contaminated material arising from the construction of the Development shall be treated on the Site in accordance with a scheme to be submitted to, approved in writing by, and deposited with, the relevant Council, in consultation with the Environment Agency, or shall be disposed of to licensed disposal facilities, subject to such variations to the approved scheme as have been approved in writing by the relevant Council.

Reason: To ensure that contamination is controlled and waste found on the Site is disposed of properly.

Archaeology (43) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with, the relevant Council a scheme of archaeological investigation and an associated implementation programme. The scheme approved pursuant to Condition (43) shall provide for: (i) any person nominated by the relevant Council to be permitted safe access to the part of the Site where a find is made; finds of national importance to be evaluated and, where practicable, preserved in situ; and phasing of works,

(44)

(ii)

(iii)

and shall be carried out in accordance with its terms subject to any variation approved in advance in writing by the relevant Council. (45) Any further investigations and recording of such finds as are considered necessary by the relevant Council shall be undertaken prior to the construction of any part of the Development on that part of the Site where such finds are identified, and in the case of finds of national importance in accordance with the phasing of works approved pursuant to Condition (44)(iii), unless otherwise approved in writing by the relevant Council.

Reason: To allow the surveying of the site for archaeological artefacts and the recovery of any important archaeological discoveries before construction of the Development begins.

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Landscaping and Creative Conservation (46) The commencement of the main Development shall not take place until a scheme of landscaping and creative conservation for the Site and interest land, based on the landscaping and ecology chapters and appendices of the Environmental Statement December 2009, has been submitted to, approved in writing by, and deposited with the relevant Council, in consultation with Natural England. The scheme referred to in Condition (46) shall deal with the treatment of any environmentally sensitive areas, their maintenance, as well as the general provision of screening, shrub and tree planting and grassed areas and means of integrating the Development with the surrounding landscape and shall include details of the following matters:

(47)

(i) (ii) (iii)

future management of existing and new planted areas; restoration of areas affected by construction works; details of grass seed mix for areas of the Site to be restored to grassland; details of the height, type, size, origin and species of the shrubs and trees to be planted; details of the measures to be taken to create new flora and fauna habitats and of the management of such new habitats; and phasing of works included in the scheme.

(iv)

(v)

(vi) (48)

The landscaping and planting, including grass sowing, shall take place in accordance with the phasing of works specified in Condition (47)(vi) and no later than the appropriate planting or sowing season following the completion of the construction of the Development and shall be carried out in accordance with the scheme approved under Condition (46). Any trees or shrubs, including hedges, which die, become seriously damaged or diseased or are removed within five years from the date of planting shall be replaced in the next planting season with others of a similar size and species, unless otherwise approved in writing by the relevant Council.

Reason: To ensure proper landscaping for the Development and creative conservation.

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Protection of Flora and Fauna (49) The commencement of the Development shall not take place until there has been submitted to, approved in writing by, and deposited with, the relevant Council, in consultation with Natural England, a scheme detailing the measures to be taken to secure the welfare, on the Site, of legally protected flora and fauna (such as, but not limited to, nesting birds) which are found on, inhabit or use the Site during the construction, operation and decommissioning of the development.

Reason: For the protection of legally protected species under the Wildlife and Countryside Act 1981(as amended) and the Conservation of Habitats and Species Regulations 2010.

Fuel Type and Sustainability (50) With the exception of any other fuels used during boiler start up or stabilisation (excluding coal, which shall not be used in the operation of the Development), only biomass fuel feedstocks shall be burnt in its main boiler(s). From the first date on which the Development is subject to mandatory sustainability criteria as a condition of eligibility for financial assistance under a relevant assistance regime any biomass fuel feedstocks burnt in the main boiler(s) after that time for which those criteria are prescribed as a condition of eligibility for financial assistance under a relevant assistance regime must comply with the applicable mandatory sustainability criteria. Throughout the operational life of the Development, there shall be submitted to the relevant Council an annual report on the sustainability of all biomass fuel feedstocks burnt in the main boiler(s) for which mandatory sustainability criteria are prescribed as a condition of eligibility for financial assistance under a relevant assistance regime which provides the same information and level of assurance and verification which the operator of the Development is required (or would be required, if claiming financial assistance in respect of the electricity generated for such biomass fuel feedstocks) to provide in respect of the sustainability of biomass under any relevant assistance regime.

(51)

Reason: To ensure the scheme is fuelled only by the feedstock proposed by the Company in its application for consent under s. 36 of the Electricity Act 1989 and to ensure the biomass feedstock meets any applicable sustainability criteria.

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Air Pollution Monitoring (52) The commissioning of the Development shall not take place until there has been submitted to and approved in writing by, and deposited with the relevant Council, in consultation with the Environment Agency, a scheme for the monitoring of air pollution in their area. The scheme shall include the measurement location or locations within the relevant area from which air pollution will be monitored, the equipment and methods to be used and the frequency of measurement. The scheme shall provide for the first measurement to be taken not less than 12 months prior to the Commissioning of the Development and for the final measurement to be taken not more than 24 months after commissioning of the Development. The Company shall implement the scheme in accordance with its terms, subject to any variation approved in writing in advance by the relevant Council in consultation with the Environment Agency, and shall supply full details of the measurements obtained in accordance with the scheme to the relevant Council as soon as possible after they become available. Should the relevant Council require continued monitoring of air pollution the Company shall extend the Scheme pursuant to Condition (52) for a period of up to 36 months from the date of the last measurement taken pursuant to Condition (52). The Company shall supply full details of the measurements obtained during the extended period to the relevant Council as soon as possible after they become available.

(53)

Reason: To ensure the relevant Council is kept informed on a regular and programmed basis about any changes in the level of air pollution at locations within its area

Stack Lighting (54) The Commissioning of the Development shall not take place until a scheme detailing the lighting of the flue stack with a steady red light of 200 candelas at the highest point at which it is practicable to install such lighting, has been submitted to, approved in writing by, and deposited with the relevant Council. The stack shall be lit in accordance with the approved scheme prior to the Commissioning of the development and such lighting maintained thereafter.

Reason: In the interests of air safety.

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Use of Waste Heat (55 ) The Commissioning of the Development shall not take place until sufficient plant and pipework has been installed to facilitate the future supply of heat to the boundary of the Site under Condition (56) at a later date if opportunities to do so are identified pursuant to Condition (56). Prior to the Commissioning of the Development, an updated CHP Feasibility Review assessing potential commercial opportunities for the use of heat from the Development shall be submitted to, approved in writing by, and deposited with the relevant Council. This shall provide for the ongoing monitoring and full exploration of potential commercial opportunities to use heat from the Development as part of a Good Quality CHP scheme (as defined in the CHPQA Standard issue 3), and for the provision of subsequent reviews of such commercial opportunities as necessary. Where viable opportunities for the use of heat in such a scheme are identified, a scheme for the provision of the necessary plant and pipework to the boundary of the site shall be submitted to, approved in writing by, and deposited with the relevant Council. Any plant and pipework installed to the boundary of the Site to enable the use of heat shall be installed in accordance with the agreed details.

(56)

Reason: To ensure that waste heat is available for use to the benefit of the local domestic, commercial and industrial users when the demand arises.

Local Liaison Committee and Complaints Procedure (57) The commencement of the Development shall not take place until the Company has established a local liaison committee to provide a forum in which consultation can take place to consider the effects and problems the Development may have during construction and operation on the locality. The local liaison committee shall be made up of representatives from the Company and representatives of the main contractors. The Company shall also invite the relevant Council and the local Parish Councils within which the Development is located to nominate representatives to join the local liaison committee. The Company shall provide a full secretariat service, determine when to hold meetings and provide a suitable venue. The local liaison committee shall meet on a regular basis and at least once every two months unless otherwise agreed by the local liaison committee. Prior to the commencement of the Development, the Company shall establish a set of procedures for dealing with a complaint by a member of the public, such set of procedures to be approved in writing by the local liaison committee referred to in Condition (57). 22

(58)

Reason: To keep local residents informed of how the Development is progressing and to ensure a proper mechanism for dealing with complaints during the construction and operation of the Development.

Cessation of works and restoration of the Site (59) Unless otherwise agreed with the relevant Council, within 12 months of the Site ceasing to be used for the purposes of electricity generation, a scheme for the demolition and removal of the Development from the Site shall be submitted to the relevant Council, for approval in writing, The scheme referred to in Condition (59) shall include: (i) details of all structures and buildings which are to be demolished; details of the means of removal of materials resulting from the demolition and methods for the control of dust and noise; the phasing of the demolition and removal; details of the restoration works; and the phasing of the restoration works.

(60)

(ii)

(iii) (iv) (v) (61)

The demolition and removal of the Development (which shall include all buildings, structures, plant, equipment, areas of hardstanding and access roads) and subsequent restoration of the Site shall thereafter be implemented in accordance with the approved scheme referred to in Condition (59), unless otherwise agreed in writing by the relevant Council.

Reason: To ensure the Site is not allowed to become derelict after the cessation of electricity generation.

Date:

22 December 2011

Giles Scott Head of Development Consents & Planning Reform, Department Energy and Climate Change

of

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24

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