The Progress Power (Gas Fired Power Station) Order 10.4 Statement of Proposed Heads of Terms for an Agreement Pursuant to s106 of the TCPA 1990 Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 PINS Reference Number: EN010060 Document Reference: 10.4 Regulation Number: 5(2)(q) Author: Pinsent Masons LLP Revision Date Description 0 March 2014 Submission version
1 10.4 Statement of Proposed Heads of Terms for an Agreement Pursuant to s106 of the TCPA 1990
Contents 1. INTRODUCTION ........................................................................................................................... 2
2. PPL'S PROPOSED POSITION REGARDING AREAS FOR MITIGATION BY WAY OF PLANNING OBLIGATION ................................................................................................................... 2
3. EDUCATION AND EMPLOYMENT OPPORTUNITIES ................................................................ 3
4. LOCAL SERVICE PROVIDERS DURING CONSTRUCTION AND OPERATION ........................ 3
5. CONNECTIVITY............................................................................................................................ 4
6. LANDSCAPING FUND ................................................................................................................. 4
7. COMMUNITY PACKAGE ............................................................................................................. 4
2 10.4 Statement of Proposed Heads of Terms for an Agreement Pursuant to s106 of the TCPA 1990
1. INTRODUCTION
1.1 Progress Power Limited (PPL) is proposing to develop a new thermal generating station (including integral electrical cable and gas connection and associated development comprising a substation and sealing end compound) with a nominal generating capacity of up to 299 MW in Mid Suffolk (the "Project").
1.2 This Statement on proposed Heads of Terms for an agreement pursuant to s106 Town and Country Planning Act 1990 accompanies an application for a Development Consent Order ("DCO") for the Project.
1.3 The Project will generate over 50 MW of electricity and, as such, is a nationally significant infrastructure project as defined in the Planning Act 2008 (sections 14(1)(a) and 15). In accordance with the Planning Act 2008, the DCO application will be submitted to the Planning Inspectorate, which will examine the application prior to the determination of the application by the Secretary of State.
1.4 The Project would be located within the Mid Suffolk district as well as within Suffolk County. Mid Suffolk District Council is closely liaising with PPL on mitigation for the impacts of the Project. Mid Suffolk District Council considers that in order to make the scheme acceptable in planning terms, planning obligations should be secured within an agreement pursuant to s106 of the Town and Country Planning Act 1990 ("s106 Agreement") (as amended by the Planning Act 2008).
1.5 The agreement over the majority of the proposed Heads of Terms is being reached, there is not yet an agreed position regarding the exact terms be set out in a s106 Agreement.
1.6 As such, PPL has set out below its proposed position on all proposed Heads of Terms and it will continue to discuss with Mid Suffolk District Council (as well Suffolk County Council) on all of them following submission of its application for a DCO in order to come to an agreed position as soon as is possible.
2. PPL'S PROPOSED POSITION REGARDING AREAS FOR MITIGATION BY WAY OF PLANNING OBLIGATION
2.1 To undertake agreed measures for socio-economic and educational improvements within the vicinity of the Project.
2.2 To assist with enhancing and/or improving connectivity between the Project and Eye.
2.3 To assist with enhancing and/or improving landscape and visual amenity within the Amenity Area.
3 10.4 Statement of Proposed Heads of Terms for an Agreement Pursuant to s106 of the TCPA 1990
3. EDUCATION AND EMPLOYMENT OPPORTUNITIES
3.1 Prior to commencement of construction to deliver an education and employment scheme (the "Education and Employment Scheme") to Mid Suffolk District Council for approval. The Scheme shall set out:
3.1.1 Any provision that it has been possible to make for apprenticeships to be delivered by contractors to PPL during the construction of the Project;
3.1.2 A proposed programme of visits to schools located within the Mid Suffolk district to be made by PPL for a period of five years from the commencement of construction, such visits to be used to explain the Project and how such a facility fits within the provision of energy for the United Kingdom;
3.2 The Education and Employment Scheme shall be implemented by PPL.
4. LOCAL SERVICE PROVIDERS DURING CONSTRUCTION AND OPERATION
4.1 Prior to commencement of construction, to deliver a local service provider engagement scheme (the "Local Services Scheme") to Mid Suffolk District Council for approval. The Local Services Scheme shall set out:
4.1.1 The measures that PPL will take in order to ensure that opportunities for local organisations to bid for contracts during the construction period of the Project are advertised locally (including PPL notifying Mid Suffolk District Council at the commencement of the procurement process for construction of the Project in order to allow the Council to advertise opportunities via any brokerage scheme that it may run);
4.1.2 The measures that PPL will take in order to ensure that opportunities for local organisations to bid for contracts during the operational period of the Project (for example for maintenance, waste, cleaning or security services) are advertised locally (including PPL notifying Mid Suffolk District Council at the commencement of the procurement process for operation of the Project in order to allow the Council to advertise opportunities via any brokerage scheme that it may run);
4.1.3 The anticipated number of local supplier days that will be hosted by Progress Power prior to and during construction of the Project.
4.2 The Local Services Scheme shall be implemented by PPL.
4 10.4 Statement of Proposed Heads of Terms for an Agreement Pursuant to s106 of the TCPA 1990
5. CONNECTIVITY
5.1 Prior to final commissioning of the Project, PPL to make a contribution to Mid Suffolk District Council of £[ ], this sum to be spent by the Council on improving pedestrian, cycling and equestrian connectivity between the Project, the village of Eye and the Eye Airfield.
6. LANDSCAPING FUND
6.1 Prior to final commissioning of the Project, PPL to make a contribution to Mid Suffolk District Council of £[ ] (the "Amenity Fund"), this sum to be spent by the Council on enhancing or improving landscape and visual amenity within the areas within the parish councils of Eye, Yaxley and Thrandeston (the "Amenity Area") to ensure that the Project does not detract from the area in which it is located.
6.2 The Council to commit to establishing a process whereby residents of or parish councils within the Amenity Area may apply to the Council for moneys from the Amenity Fund with which to undertake enhancements or improvements to landscape and visual amenity, whether at a particular resident's property or elsewhere within the Amenity Area.
6.3 The Council to commit to return to PPL any moneys paid under any s106 Agreement if the same have not been spent within five years of the Council receiving payment.
6.4 Appendix A presents an example of the type of enhancement that could be undertaken.
7. COMMUNITY PACKAGE
7.1 PPL is working with Mid Suffolk District Council and Suffolk County Council to agree a community package to be used to enhance the local area more widely.
7.2 This will be secured via an agreement (made under s111 of the Local Government Act 1973) that is separate to the s106 Agreement, as any such package will not have planning weight in the way that any s106 Agreement would do (the s106 Agreement being something that the Secretary of State may consider relevant and important to his or her decision on the application for a DCO for the Project).
5 10.4 Statement of Proposed Heads of Terms for an Agreement Pursuant to s106 of the TCPA 1990
Appendix A
Yaxley
A
1
4
0
Goswald
Hall
M
ellis
R
oad
L
e
y
s
L
a
n
e
On site structure/screen
woodland and hedgerow
planting
Judas Lane
Green Lane
N
AIS
SubstationA
ccess Road
4
0
0
k
V
l
i
n
e
Sealing End Compound
The existing hedge (Great Crested newt habitat)
would be retained and new hedgerow/hedgerow
tree planting undertaken subject to agreement
with the landowner
Offsite hedgerow reinforcement would
reduce views of the electrical
connection compound from Yaxley and
would be subject to agreement with the
landowner. The planting would be
undertaken at the start of the
construction programme to give more
visual impact when the project is
commissioned
Additional woodland
planting
0
Metres
500100 200 300 400
Date: Scale: Sheet:
Designed:
Drawn:
Approved:
Checked:
Title:
Site/Project:
Client:
© Copyright Parsons Brinckerhoff
Tel: 44-(0)117-933-9300
Fax: 44-(0)117-933-9253
A3
Queen Victoria House
Redland Hill, Redland
Bristol BS6 6US
24/03/2014
Plo
t D
ate
:
24
/0
3/2
01
4 1
3:0
9:1
2
N:\3
51
24
\3
51
24
38
B P
PP
E
ye
A
irfie
ld
\L
an
dsca
pe
\Z
D
wg
s\1
-cu
rre
nt\F
ig
ure
1
1.3
9.d
wg
File
N
am
e:
Gile
s, B
en
Lo
gin
:
Project Number: Revision:Drawing Number:
App
Chk
ByDescription
DateRev
Progress Power Project
Landscape Enhancement
Electrical Connection
Compound
AIS Technology
BRG
KL
KL
1:5,000
3512438B Figure 11.39
Existing
Key
Woodland (broad leaved)
Proposed
Hedgeow
© Crown Copyright and database right 2013.
Ordnance Survey 0100031673
Woodland/plantation
Cable
Project red line boundary
Access road
400kV OHL
(off-site and subject to
landowner's consent)
Hedgerow reinforcement
(off-site and subject to
landowner's consent)
On site landscape
mitigation planting
On site landscape mitigation planting
Power
Generation
Plant
National Grid
Gas Compressor
Station
Eye Airfield
Yaxley
Above Ground
Installation Castleton Way
P
o
ta
s
h
L
a
n
e
Eye
Power
Station
A
1
4
0
N
All hedgerows and hedgerow trees that would
be removed to construct the underground
services would be reinstated as a minimum.
Additional hedgerow reinforcement adjacent to
the A140 would reduce views of the PGP from
the main road and Yaxley, and would be
subject to agreement with th e landowner
0
Metres
500100 200 300 400
Date: Scale: Sheet:
Designed:
Drawn:
Approved:
Checked:
Title:
Site/Project:
Client:
© Copyright Parsons Brinckerhoff
Tel: 44-(0)117-933-9300
Fax: 44-(0)117-933-9253
A3
Queen Victoria House
Redland Hill, Redland
Bristol BS6 6US
24/03/2014
Plo
t D
ate
:
24
/0
3/2
01
4 1
3:1
0:0
7
N:\3
51
24
\3
51
24
38
B P
PP
E
ye
A
irfie
ld
\L
an
dsca
pe
\Z
D
wg
s\1
-cu
rre
nt\F
ig
ure
1
1.4
0.d
wg
File
N
am
e:
Gile
s, B
en
Lo
gin
:
Project Number: Revision:Drawing Number:
App
Chk
ByDescription
DateRev
Progress Power Project
Landscape Enhancement
Power Generation Plant
and Gas Connection
BRG
KL
KL
1:5,000
3512438B Figure 11.40 .
Existing
Former runway/taxiway
Key
Proposed
Hedgeow
© Crown Copyright and database right 2013.
Ordnance Survey 0100031673
Woodland/plantation
Gas pipeline
Project red line boundary
Hedgerow reinforcement
(off-site and subject to
landowner's consent)