North Lincolnshire - Multiple Planning Applications

Notice Of Compulsory Acquisition Under Section 134(7) Of The Planning Act 2008 

The North Lincolnshire Green Energy Park Order 2025

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 13 March 2025, includes provision authorising the compulsory acquisition of land, existing rights over land and of rights over land by creating new rights over it or imposing restrictive covenants as described in Schedule 1.

The Order includes provision authorising the acquisition for the purpose of carrying out works within the local authority area of North Lincolnshire including the construction, installation, operation, maintenance and decommissioning of an energy recovery facility together with associated development.

In summary the Order authorises the following development:
• an Energy Recovery Facility converting recyclable waste into electricity

• carbon capture, utilisation and storage facility

• switchyard and substation to export power to National Grid or local businesses through a private wire network

• water and condensate treatment facility

• associated development to support the operation including:

a) a bottom ash and flue gas residue handling and treatment facility

b) a concrete block manufacturing facility

c) a plastic recycling facility

d) a hydrogen production and storage facility

e) an electric vehicle and hydrogen refuelling station

f) battery storage

g) a hydrogen and natural gas above ground installations

h) a new access road and parking

i) a gatehouse and visitor centre with elevated walkway

j) railway reinstatement works including, sidings at Dragonby, reinstatement and safety improvements to the 6km private railway spur, and the construction of a new railhead with sidings south of Flixborough Wharf

k) a northern and southern district heating and private wire network

l) habitat creation, landscaping and ecological mitigation, including green infrastructure and 65-acre wetland area

m) new public rights of way and cycle ways including footbridges

n) Sustainable Drainage Systems and flood defence; and o) utility constructions and diversions.

• development in connection with the above works such as security gates, fencing, boundary treatment, lighting, hard and soft landscaping, surface and foul water treatment and drainage systems and CCTV

• temporary facilities required during the course of construction, including site establishment and preparation works, temporary construction laydown areas, contractor facilities, materials and plant storage, generators, concrete batching facilities, vehicle and cycle parking facilities, offices, staff welfare facilities, security fencing and gates, external lighting, roadways and haul routes, wheel wash facilities, and signage.

A hard copy of the Order as made by the Secretary of State for Energy Security and Net Zero is deposited at the following locations and may be inspected free of charge from 7th April 2025 - 7th June 2025 which are open during the hours set out below: 

Please note that the opening times of the above libraries may be subject to change and it is recommended that you contact the library in advance to check the opening hours.

A soft copy of the Order as made by the Secretary of State for Energy Security and Net Zero together with copies of the Secretary of State’s decision letter and the Examining Authority’s report is available to view online through the Planning Inspectorate’s website at: https://national-infrastructure-consenting.planninginspectorate.gov.uk/projects/EN010116/documents 

An electronic copy of these documents can be supplied free of charge on a USB memory stick. Please contact North Lincolnshire Green Energy Park Limited (NLGEPL) using the contact details at the end of this notice. A paper copy of those documents can also be supplied, but there will be a reasonable charge for paper copies of those documents to cover the cost of printing and postage up to a charge of £100.

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 proceedings must be brought by filing a claim form for judicial review before the end of the period of 6 weeks, beginning with the day after the day on which the Order was published (or, if later, the day on which the statement of reasons for making the Order (contained in the Secretary of State’s Decision letter) was published).

Once the provisions in the Order authorising compulsory acquisition come into force North Lincolnshire Green Energy Park Limited (NLGEPL) 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 on 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 NLGEPL information about the person’s name, address and interest in land, using a prescribed form. The prescribed form is set out in Schedule 3 and should be returned to NLGEPL at the following address:

Post: FREEPOST HAVE YOUR SAY

Email: info@northlincolnshiregreenenergypark.co.uk 

SCHEDULE 1
Description Of The Land, Existing Rights And New Rights

The Order land (as defined in Article 2 of the Order) is shown on the land plans (as defined in Article 2 of the Order) and described in the deposited book of reference (as defined in Article 2 of the Order) within the local authority area of the District of North Lincolnshire.

This notice relates to so much of the Order land as is shown on the land plans shaded pink (compulsory acquisition of all interests and rights in land (including, as required, subsoil and surface land)), and shaded green (land to be used temporarily) and shaded blue (land over which new rights may be acquired permanently (including, where necessary, a right to impose restrictive covenants)).

The Order grants NLGEPL compulsory acquisition powers over the Order land and such rights over the Order land as may be required for any purpose for which that land may be acquired under Article 24 (compulsory acquisition of land) of the Order, by creating them as well as acquiring rights already in existence. 

The Order grants NLGEPL powers to compulsorily acquire rights and create new rights in the land, including for the benefit of the public or other parties in accordance with Article 26 of the Order. 

The Order also authorises interference with existing rights and the breach of existing restrictive covenants over the land described and provides for the extinguishment, temporary suspension or discharge of such rights or restrictive covenants.

In the case of the Order land specified in column (1) of Part 1 or Part 2 of Schedule 10 (land in which only new rights etc. may be acquired) of the Order (with Part 1 (relating to Option A) and Part 2 (relating to Option B) being alternatives, only new rights over one of either Option A or Option B may be exercised pursuant to article 26 of the Order), NLGEPL’s powers of compulsory acquisition are limited to the creation of such new rights comprised in Option A or Option B in the land or the imposition of restrictive covenants, as may be required for the purpose specified in relation to that land in column (2) of that Part of that Schedule.

In accordance with Article 26 of the Order, where NLGEPL acquires a right over land, NLGEPL is not required to acquire a greater interest in that land.

1) Land to be permanently acquired
In the District of North Lincolnshire: The agricultural land north of the A1077 from the junction with the B1216 to the roundabout forming the junction with Holyrood Drive. 

Agricultural land north of the B1216 from the junction with the B1216 up to Neap House Farm and Stather Road, running adjacent to the River Trent. This includes land to the north including Lysaght’s Drain and further north up to RMS Trent Ports and industrial land sitting south of Stather Road as it runs east, south of Flixborough Industrial Estate. This also includes land to the south and west of Park Ings Farm.

The land to be permanently acquired includes Flixborough Wharf, Glanford House, Bellwin House and Wharfside Court, together with the mineral railway line running north and east from Flixborough Wharf and the agricultural land to the north of the railway.

The railway land to be acquired permanently runs north and east around the existing Flixborough Industrial Estate and travels eastwards through countryside, south of Flixborough Village and curving around the Nisa distribution centre, continuing in an easterly direction towards the sidings at Dragonby.

2) Description of the land comprised in the Order over which new rights are sought and of which temporary possession may be taken 

In the District of North Lincolnshire: 
The corridor of land west of the M181 starting at the point north of North Grange Cottages and heading in a northerly direction. 

The corridor runs to the west of, and adjacent to, the M181 and then the A1077 including crossing over the railway line at a point between Scunthorpe and Althorpe train stations. The corridor of land runs to the west of and follows the route of the A1077 up to the junction between the B1216 and A1077.

From the junction between the B1216 and A1077, the corridor includes land forming part of the carriageway of the A1077, Ferry Road West and Holyrood Drive and continues in an easterly direction along the A1077 carriageway, and on land adjacent to the carriageway, towards Scunthorpe until the roundabout which forms the junction between Phoenix Parkway and Normanby Road. The continues in a southerly direction from the roundabout along Normanby Road until a point just south of the existing electricity substation and then

i) for Option A: continues south and then in an easterly direction along Warren Road up to the junction of Bessemer Way and ii) for Option B: the corridor runs from the roundabout junction of Phoenix Parkway and Mannaberg Way, in an easterly direction along Mannaberg Way before running south along Bessemer Way and finally in a westerly direction along Warren Road to a point east of the junction with Normanby Road. Options A and B are alternatives and, pursuant to article 26 of the Order, NLGEPL may only acquire compulsorily the land required for either Option A or Option B, not both.

Agricultural land north of the A1077 and west of Holyrood Drive up to, but not including Lysaght’s Drain and then north of Lysaght’s Drain in a northerly direction up to a point south of the Flixborough solar farm and west of Park Ings Farm. Agricultural land to the south of Stather Road and the mineral railway line at the entrance to Flixborough Village.

Land forming the Dragonby Sidings and associated infrastructure, and access tracks from Normanby Road to the Dragonby Sidings.

3) Description of new rights
Some or all of the following new rights as detailed more fully in Schedule 10 of the Order are sought over the land described in point 2) above for the benefit of the remainder of the Order Land:

i. Rights of Access (including in respect of public rights of way) as particularised and detailed more fully in Schedule 10 of the Order;

ii. Full cable rights including the imposition of restrictive covenants as particularised and detailed more fully in Schedule 10 of the Order;

iii. Cable rights in highways as particularised and detailed more fully in Schedule 10 of the Order;

iv. Rights in respect of Major Crossings (railway or highway), including:
a. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and for the purposes of transmitting steam along the pipes and electricity along the cables and cable ducts

b. Rights to construct, lay and install, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove the pipes, pipe sleeves and cables by way of horizontal drilling or other trenchless techniques;

c. Rights to construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts; 

d. Right to retain and use the pipes and cables for the purposes of the transmission of steam and electricity; and 

e. Right to install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus (including the pipes, cables, conduits or apparatus of statutory undertakers).

v. Rights in respect of Highway Works, including:

a. The right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and which is ancillary to the purposes of road works;

b. Rights to construct, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove road works and associated infrastructure and street furniture;

c. Rights to construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts;

d. Right to install, alter, re-lay, maintain, protect, adjust or remove pipes, cables, conduits or apparatus of statutory undertakers.

vi. Rights in respect of Utility Works, including:

a. Right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development;

b. Right to divert install, underground, retain, use, monitor and maintain pipes, cables, conduits or apparatus of statutory undertakers;

c. Right to pass and repass with or without vehicles, plant, equipment, materials and machinery to access adjoining land and highway for the purposes of laying, installing, adjusting, altering, constructing, using, maintaining, repairing, renewing, upgrading, inspecting, removing and replacing the pipes, cables, conduits or apparatus;

d. Rights to enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of utility works.

e. Imposition of restrictive covenants over the land to protect the apparatus from excavation.

vii. Drainage Rights, including:
a. Right to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development;

b. Rights to construct, retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts, and drain on, in and/or through the relevant land to and from adjoining land;

c. The right to drain on, in and/or through the land to and from adjoining land.

d. Imposition of restrictive covenants over the land for the benefit of the remainder of the Order land to prevent anything to be done in or upon the land or any part thereof which shall or which it is reasonably foreseeable may interfere with the right to drain.

viii. Rights in respect of Landscaping Works, including:
a. Rights to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and to enter the land with or without machinery, apparatus and equipment which is ancillary to the purposes of landscaping works.

b. Imposition of restrictive covenants to prevent anything to be done in or upon the land or any part which may interfere with access to the landscaping works and may render the authorised development or any part thereof in breach of any statute or regulation for the time being in force and applicable thereto

ix. Rights in respect of Railway works, including:
a. Rights to enter onto and remain on the land for the purposes of construction, installation, operation, maintenance and decommissioning of the authorised development and for purposes ancillary to the railway works.

b. Right to construct, adjust, alter, use, maintain, repair, replace, renew, upgrade, inspect and remove railway works and associated infrastructure;

c. Right to retain, maintain, install, use, inspect, modify, improve, maintain, adjust, repair, extend, test, cleanse, and remove temporary or permanent drainage and manage waterflows in any drains, watercourse and culverts;

SCHEDULE 2
Statement On 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 provisions in The North Lincolnshire Green Energy Park Order 2025 which authorises compulsory acquisition, comes into force the acquiring authority (hereinafter called NLGEPL) 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 NLGEPL at the end of the period mentioned in paragraph 2 below.

Notices concerning general vesting declaration
2. As soon as may be after NLGEPL executes a general vesting declaration, it 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 it 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 NLGEPL together with the right to enter on the land and take possession of it. Every person on whom NLGEPL 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 the 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 NLGEPL 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 it first serves notice to treat in respect of the tenancy and then serves every occupier of the land with a notice of its 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 On The North Lincolnshire Green Energy Park Order 2025
To: North Lincolnshire Green Energy Park Limited

Post: Freepost Have Your Say 
or
Email: info@northlincolnshiregreenenergypark.co.uk 
[I] [We] being [a person] [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)(ii) of the Planning Act 2008. I/We believe that I/We am/are entitled to notice if temporary powers are to be exercised over the land referred to in the heading to this notice.

1. Name and address of informant(s)
(i)……………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… …………………………

2. Land in which an interest is held by informant(s)
(ii)……………………………………………………………………………………… ……………………………………………………………………………………… ………………………………………………………………………………………… …………………………………………………………………………………………

3. Nature of interest
(iii)…………………………………………………………………………………… …………………………..…………………………………………………………… ………………………………………………………………………………………… ………………………………………………………………………………………… 

Signed
…………………………………………………………………………………………
……………………………

On behalf of……………..………………………………………………………………
…………………………

Date………………………………………………………….

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

(ii) The land should be described concisely

(iii) If the land is leasehold, the date of commencement and length of term should be given.

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

North Lincolnshire Green Energy Park Limited

3rd April 2025