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)