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Notice Of Compulsory Acquisition,The Net Zero Teesside Order 2024.

TS10 5NXPublished 29/02/24Expired
Northern Echo • 

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Net Zero Teesside

NOTICE OF COMPULSORY ACQUISITION

UNDER SECTION 134(7)

OF THE PLANNING ACT 2008

THE NET ZERO TEESSIDE ORDER 2024

To Persons occupying or having an interest in the land described in Schedule 1 to this Notice.

NOTICE OF AUTHORISATION OF COMPULSORY ACQUISITION

The above Order made under the Planning Act 2008, by the Secretary of State for Energy Security and Net Zero, and published on 16th February 2024, includes provision authorising the compulsory acquisition of land, of existing rights over land, and of rights over land by creating new rights over it, as described in Schedule 1.

This Order includes provision authorising the acquisition of such land or rights for the purpose of the construction, operation and maintenance of the Net Zero Teesside Project - a new full chain Carbon Capture, Usage and Storage ('CCUS') project, comprising a new low carbon gas-fired electricity generating station with post-combustion carbon capture plant; gas, electricity and water connections (for the generating station); a CO2 pipeline network (a 'gathering network') for collecting CO2 from a cluster of local industries on Teesside; a CO2 compressor station [for the compression of the CO2), a CO2 export pipeline and associated development, on land at and in the vicinity of the former Redcar Steel Works Site, Redcar and in Stockton-on-Tees, Teesside, being wholly located within the administrative areas of Redcar and Cleveland Borough Council and Stockton-on-Tees Borough Council (the 'authorised development').

The authorised development comprises the following main elements:

1. Work Number ('Work No.') 1 - a Combined Cycle Gas Turbine (CCGT) electricity generating station with an electrical output of up to 860 megawatts and post-combustion carbon capture plant ('CCP') (the 'Low Carbon Electricity Generating Station');

2. Work No. 2 - natural gas supply connections and Above Ground Installations (AGIs) (the 'Gas Connection');

3. Work No. 3 - an electricity grid connection (the 'Electrical Connection');

4. Work No. 4 - water supply connections (the 'Water Supply Connection Corridor');

5. Work No. 5 - waste water disposal connections (the 'Water Discharge Connection Corridor');

6. Work No. 6 - a C02 gathering network (including connections under the tidal River Tees) to collect and transport the captured C02 from industrial emitters (the 'C02 Gathering Network Corridor');

7. Work No. 7 - a high-pressure C02 compressor station to receive and compress the captured C02 from the Low Carbon Electricity Generating Station and the C02 Gathering Network before it is transported offshore (the 'HP Compressor Station');

8. Work No. 8 - a dense phase C02 export pipeline for the onward transport of the captured and compressed C02 to the Endurance saline aquifer under the North Sea (the 'C02 Export Pipeline');

9. Work No. 9 - temporary construction and laydown areas, including contractor compounds, construction staff welfare and vehicle parking for use during the construction phase of the Proposed Development (the 'Laydown Areas');

10. Work No. 10 - access and highway improvement works (the 'Access and Highway Works'); and

Further development - required in connection with and in addition to the above elements, including surface water drainage systems; electrical, gas, water supply and other utilities connections and works; hard and soft landscaping; biodiversity enhancement measures; security fencing and other means of enclosure; external lighting; gatehouses; site establishment and preparation works; temporary construction laydown areas and contractor facilities; vehicle parking and cycle storage facilities; accesses, roads and pedestrian and cycle routes; tunnelling, boring, piling and drilling works and management of arisings; and any other works as may be necessary and expedient for the purposes of or in connection with the authorised development and which fall within the scope of the works assessed in the Environmental Statement.

A copy of the Order as made by the Secretary for Energy Security and Net Zero (together with the Secretary of State's decision letter and the Examining Authority's report of recommendation), and a copy of the Land Plans and the Book of Reference referred to in the Order, have been deposited at the locations listed below and may be inspected during the viewing times listed below:

Venue

Days

Times

Redcar and Cleveland Borough Council

Redcar and Cleveland House Kirkleatham Street

Redcar TS10 1RT

Mon to Wed

Thurs

Fri

Sat

9am to 6pm

9am to 5pm

9am to 6pm

9:30am-12:30pm

Stockton Central Library and Customer Service Centre

Church Road

Stockton-on-Tees

TS18 1LD

Mon, Wed

Tues, Thurs

Fri

Sat

8.30am to 6pm

8.30am to 8pm

8.30am to 6pm

9.30am to 4pm

A copy of the Order and other relevant documentation is also available through the Planning Inspectorate's website at: https://infrastructure.planninginspectorate.gov.uk/projects/north-east/the-net-zero-teesside-project/

A person aggrieved by the Order may challenge the Order only in accordance with section 118 of the Planning Act 2008, which stipulates that any proceeding must be brought by filing a claim form for judicial review during the period of 6 weeks beginning with the day after the date on which the Order was published (or, if later, the day after the date on which the statement of reasons for making the Order is published).

Once the provision in the Order authorising compulsory acquisition comes into force, the undertaker (defined in the Order as Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited, in relation to specified works) may acquire any of the land (including any existing rights and/or new rights) described in Schedule 1 below by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981. A statement of the effect of Parts 2 and 3 of that Act is set out in Schedule 2.

Any person who would be entitled to claim compensation if a general vesting declaration were executed is invited to give Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited, both c/o Ardent, 5th Floor, 36 Park Row, Leeds, LS1 5JL (marked for the attention of Mr Jack Withington; email: jackwithington@ardent-management.com), information about the person's name, address and interest in land, using a prescribed form. The prescribed form is set out in Schedule 3

SCHEDULE 1

DESCRIPTION OF THE LAND AND THE NEW RIGHTS

The Order land (as defined in article 2 of The Net Zero Teesside Order 2024 ("the Order")) is shown on the land plans and a short textual description of each numbered plot (as identified on the land plans) is included in the book of reference. This notice relates to so much of the Order land as is shown shaded pink and shaded blue on the land plans ("the land subject to powers of compulsory acquisition").

The authorised development is located on land at and in the vicinity of the former Redcar Steel Works Site, Redcar and in Stockton-on-Tees on Teesside, either side of the River Tees, within the administrative areas of Redcar and Cleveland Borough Council ('RCBC') and Stockton-on-Tees Borough Council (‘STBC’). Most of the Site lies within the administrative area of RCBC, although parts of the Site (the CO2 gathering network) cross the River Tees into the administrative area of STBC.

The Site extends to approximately 245.3 hectares in area. Grid references for the Site are provided below:

Site Grid Refs.

X

Y

Low Carbon Electricity Generating Station (Centre)

457035

525408

Boundary - Northern-most point

458844

526839

Boundary - Western-most point

447731

522394

Boundary - Eastern-most point

459298

526524

Boundary - Southern-most point

455399

522057

In respect of the land subject to powers of compulsory acquisition, Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited may acquire:

a) so much of the Order land as is specified by article 22 (Compulsory acquisition of land) of the Order for the authorised development, or to facilitate it, or as is incidental to it;

b) such rights over the Order land, by creating them as well as by acquiring rights already in existence, as is authorised by article 25 (Compulsory acquisition of rights etc.) of the Order;

c) in the case of the Order land specified in column (1) of Table 7 in Schedule 7 to the Order (land in which new rights, etc. may be acquired), Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited may acquire such easements, new rights etc. in respect of certain land coloured blue in the land plans all more particularly described in paragraph (4) of article 25 and Table 7 in Schedule 7 of the Order; and

d) so much of the subsoil and airspace over the land referred to in paragraph (1) of article 28 (Acquisition of subsoil and airspace only) as may be required for any purpose for which that land may be acquired under article 22 or article 25 of the Order instead of acquiring the whole of the land.

Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited may also temporarily use the Order land as specified in columns (1) and (2) of Table 8 in Schedule 9 of the Order (Land of which temporary possession may be taken) and article 31 (Temporary use of land for carrying out the authorised development) for the temporary use as laydown and construction compounds, to facilitate construction and construction access in connection with the authorised development, for mitigation works and to construct temporary works and may also temporarily use the Order land to maintain the authorised development in accordance with article 32 (Temporary use of land for maintaining the authorised development) of the Order.

In respect of all of the land subject to powers of compulsory acquisition, the Order includes powers to suspend or extinguish any easements and private rights (and other interests) in accordance with articles 23 and 26 of the Order.

SCHEDULE 2

STATEMENT OF THE EFFECT OF PARTS 2 AND 3 OF THE COMPULSORY PURCHASE (VESTING DECLARATIONS) ACT 1981

Power to execute a general vesting declaration

1. Once the provision in The Net Zero Teesside Order 2024 which authorises compulsory acquisition comes into force, Net Zero Teesside Power Limited and/or Net Zero North Sea Storage Limited may acquire any of the land (including any existing rights and/or new rights) described in Schedule 1 above by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 ("the Act"). This has the effect, subject to paragraphs 3 and 5 below of vesting the land in Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited at the end of the period mentioned in paragraph 2 below.

Power to execute a general vesting declaration

1. Once the provision in The Net Zero Teesside Order 2024 which authorises compulsory acquisition comes into force, Net Zero Teesside Power Limited and/or Net Zero North Sea Storage Limited may acquire any of the land (including any existing rights and/or new rights) described in Schedule 1 above by executing a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 ("the Act"). This has the effect, subject to paragraphs 3 and 5 below of vesting the land in Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration

2. As soon as may be after Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited execute a general vesting declaration, they must serve notice of it on every occupier of any of the land specified in the declaration (except land where there is one of the tenancies described in paragraph 4) and on every person who gives them information relating to the land in pursuance of the invitation contained in the notice of the authorisation of the compulsory acquisition. When the service of notices of the general vesting declaration is completed, a period specified in the declaration, of not less than three months, will begin to run. On the first day after the end of this period the land described in the declaration will, subject to what is said in paragraphs 3 and 5, vest in Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited together with the right to enter on the land and take possession of it. Every person on whom Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited could have served a notice to treat in respect of his interest in the land (other than a tenant under one of the tenancies described in paragraph 4) will be entitled to claim compensation for the acquisition of his interest in the land, with interest on the compensation from the vesting date.

3. The "vesting date" for any land specified in a declaration will be the first day after the end of the period mentioned in paragraph 2 above, unless a counter-notice is served under Schedule A1 to the Act within that period. In such circumstances, the vesting date for the land which is the subject of the counter-notice will be determined in accordance with Schedule A1.

Modifications with respect to certain tenancies

4. In the case of certain tenancies, the position stated above is subject to modifications. The modifications apply where the tenancy is either a "minor tenancy", i.e. a tenancy for a year or a yearly tenancy or a lesser interest, or a "long tenancy which is about to expire". The latter expression means a tenancy granted for an interest greater than a minor tenancy but having on the vesting date a period still to run which is not more than the period specified in the declaration for this purpose (which must be more than a year). In calculating how long a tenancy has still to run, where any option to renew or to terminate it is available to either party, it shall be assumed that the landlord will take every opportunity open to him to terminate the tenancy while the tenant will use every opportunity to retain or renew his interest.

5. The modifications are that Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited may not exercise the right of entry referred to in paragraph 2 in respect of land subject to a tenancy described in paragraph 4 unless they first serve notice to treat in respect of the tenancy and then serve every occupier of the land with a notice of their intention to enter and take possession after the period (not less than three months from the service of the notice) specified in the notice. The right of entry will be exercisable at the end of that period. The vesting of the land will be subject to the tenancy until the end of that period or until the tenancy comes to an end, whichever happens first.

SCHEDULE 3

FORM FOR GIVING INFORMATION

The Net Zero Teesside Order 2024

To: Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited, c/o Ardent, 5th Floor, 36 Park Row, Leeds, LS1 5JL

FAO: Mr Jack Withington

(email: jackwithington@ardent-management.com)

Reference: [plot number(s) and address of land/ property]

[l]/[We] being [a person]/[the persons] who, if a general vesting declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 in respect of all the land comprised in the order cited above in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of [all] [part of] that land, give you the following information, pursuant to section 134(7)(cza) of the Planning Act 2008.

1. Name and address of informant(s) (see explanatory note (i) below)

2. Land in which an interest is held by the informant(s) (see explanatory note (ii) below)

3. Nature of interest (see explanatory note (iii) below)

Signed

[on behalf of]

Date

GUIDANCE NOTES ON HOW TO COMPLETE THIS FORM

(i) In the case of a joint interest insert the names and addresses of all the informants.

• 'Informants' means the person(s) completing this form to provide Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited with information about land ownership/interests in land.

(ii) The land should be described concisely.

• It may be helpful to refer to the relevant plot numbers used to identify the land in the Schedule 1 to the above notice.

(iii) Please state the nature of the interest (e.g. freehold/leasehold/mortgage etc).

the interest is leasehold, the date of commencement and length of term should be given.

• If the land is subject to a mortgage or other incumbrance, details should be given, e.g. name of building society and roll number.

Signed:

Date:

Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited, its subsidiaries and service providers will process your personal information for the purpose of implementing the Net Zero Teesside Order 2024, including its compulsory acquisition powers, and to comply with related government guidelines. Your personal information will be properly safeguarded and processed in accordance with the requirements of privacy and data protection legislation. To find out more about how Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited handle personal data please visit: https://www.netzeroteesside.co.uk/privacy-policy/

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From

29-Feb-2024

To

11-Apr-2024

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