The Drax Power Station Bioenergy With Carbon Capture And Storage Extension Order 2024

NOTICE OF COMPULSORY ACQUISITION UNDER SECTION 134(7)
OF THE PLANNING ACT 2008
The Drax Power Station Bioenergy With Carbon
Capture And Storage Extension Order 2024
NOTICE OF AUTHORISATION OF COMPULSORY ACQUISITION OF THE INFRASTRUCTURE PLANNING
(COMPULSORY ACQUISITION) REGULATIONS 2010

The above Order, made under the Planning Act 2008 by the
Secretary of State for Energy Security and Net Zero published
on 25th January 2024 includes provision authorising the
compulsory acquisition 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 for
the purpose of the construction, operation and maintenance
of the Drax Bioenergy with Carbon Capture and Storage
Project (BECCS) in North Yorkshire for the installation of post
combustion carbon capture technology to capture carbon
dioxide from up to two existing 660-megawatt electrical (‘MWe’)
biomass power generating units at the Drax Power Station (Unit
1 and Unit 2). The installation of this technology constitutes an
extension to the existing Drax Power Station (of which biomass
Units 1 and 2 are part) and is referred to as post-combustion
carbon capture. The Proposed Scheme is designed to remove
approximately 95% of the carbon dioxide from the flue gas
from these two Units, resulting in overall negative emissions of
greenhouse gases.
A copy of the Order as made by the Secretary of State for
Energy Security and Net Zero (together with the Secretary of
State’s Statement of Reasons, 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:
Location Days / Times
Selby Library
52 Micklegate
Selby
YO8 4EQ
Monday: 9:30am to 7:30pm
Tuesday: 9:30am to 5:30pm
Wednesday: 9:30am to 5:30pm
Thursday: 9:30am to 12:30pm
Friday: 9:30am to 5:30pm
Saturday: 9:30am to 12:30pm
Sunday: Closed
Snaith Library
27-19 Market Place
Snaith
DN14 9HE
Monday: Closed
Tuesday: 2:00pm to 6:00pm
Wednesday: Closed
Thursday: 10:00am to 4:00pm
Friday: Closed
Saturday: 10:00am to 12:00pm
Sunday: Closed
Goole Library
Carlisle Street
Goole
DN14 5DS
Monday: 9:30am to 7:00pm
Tuesday: 9:30am to 5:00pm
Wednesday: 9:30am to 7:00pm
Thursday: 9:30am to 5:00pm
Friday: 9:30am to 5:00pm
Saturday: 9:00am to 4:00pm
Sunday: Closed
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/
yorkshire-and-the-humber/drax-bioenergy-with-carboncapture-
and-storage-project/?ipcsection=overview.
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, Drax Power Limited may acquire
new rights and impose restrictive covenants over any of the land
(including acquiring any existing 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 Drax
Power Limited, at Drax Power Station, Selby, North Yorkshire,
YO8 8PH (marked for the attention of Jenny Blyth, Development
Manager), 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 the Drax Power Station Bioenergy
with Carbon Capture and Storage Extension 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.
The Scheme is located at the existing Drax Power Station site
and adjacent land, at New Road, west of the village of Drax,
approximately 6km south east of Selby and 8km to the north
west of Goole, within the District of Selby and County of North
Yorkshire.
In respect of the Order land, Drax Power Limited may acquire:
a) rights over the Order land, by creating them as well as by
acquiring rights already in existence, as is authorised by article
19(1) (compulsory acquisition of rights) of the Order;
b) in the case of the Order land specified in column (1) of Part 1
of Schedule 8 to the Order (land in which only new rights, etc.
may be acquired or in which rights may be extinguished) and
identified coloured blue on the land plans, Drax Power Limited’s
powers of compulsory acquisition of rights are limited to the
acquisition of such new rights and the imposition of restrictive
covenants specified in relation to that land in column (2) of
that Part of that Schedule, as is authorised by article 19(2)
(compulsory acquisition of rights) of the Order;
c) in the case of the Order land specified in column (1) of Part 2
of Schedule 8 to the Order (land in which only new rights, etc.
may be acquired or in which rights may be extinguished) and
identified coloured green on the land plans, all private rights
listed in column (2) of Part of that Schedule are extinguished on
commencement of any activity authorised by the Order which
interferes with or breaches those rights, as is authorised by
article 20 of the Order; and
d) rights in so much of the subsoil of the Order land as may be
required for any purpose for which rights over that land may be
acquired under that provision instead of acquiring rights over
the whole of that land, as is authorised by article 22 of the Order
(acquisition of subsoil only).
In respect of the Order land the Order includes powers to
suspend or extinguish any private rights which would be
inconsistent with the exercise of powers under the order subject
to the terms of article 20 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 Drax Power Station Bioenergy
with Carbon Capture and Storage Extension Order 2024 which
authorises compulsory acquisition comes into force, Drax Power
Limited may acquire rights and impose restrictive covenants
over any of the land (including acquiring any existing rights)
described in paragraphs (a), (b) and (d) of 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 new rights, existing rights and/or restrictive
covenants over the land in Drax Power Limited at the end of the
period mentioned in paragraph 2 below.
Notices concerning General Vesting Declaration
2. As soon as may be after Drax Power Limited executes 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 new rights, existing rights and/or restrictive
covenants over the land described in the declaration will, subject
to what is said in paragraphs 3 and 5, vest in Drax Power Limited
together with the right to enter on the land and take possession
of it pursuant to those rights or restrictive covenants. Every
person on whom Drax Power 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 new rights, existing
rights and/or restrictive covenants over 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 Drax Power 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.
Signed: Jenny Blyth
Development Manager
For and on behalf of Drax Power Limited,
Date: 25 January 2024
Drax Power Limited, its subsidiaries and service providers
will process your personal information for the purpose of
implementing the Drax Power Station Bioenergy with Carbon
Capture and Storage Extension 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.

Schedule 3
Form for giving information

The Drax Power Station Bioenergy with Carbon Capture
and Storage Extension Order 2024
To: FREEPOST CARBON CAPTURE BY DRAX
FAO: Jenny Blyth, Development Manager
Email: info@BECCS-Drax.com
Tel: 01757 618381
[I]/[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 the acquisition of rights and/or restrictive
covenants over, and/or the acquisition of any existing rights
in, 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
(see explanatory note (ii) below)
3. Nature of interest (see explanatory note (iii) right)
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 Drax Power 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 to the above notice.
(iii) Please state the nature of the interest (e.g., freehold/
leasehold/mortgage etc).
• If 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.