Documents on this page form the two applications submitted to the Secretary of State for Business, Energy and Industrial Strategy (BEIS) under the Electricity Act 1989.  They are:

  • an application to vary the Section 36 consent granted in March 1993 for Knapton Generating Station, to continue its operation until 31st December 2035

  • an application under Section 37 to keep installed the overhead electricity line at Ochre Farm, Knapton Carr, East Knapton, to export electricity produced by Knapton Generating Station until 31st December 2035

There is no intention to make any physical changes to the infrastructure at Knapton Generating Station or the overhead line. 

Under The Electricity Generating Stations (Variation of Consents) (England and Wales) Regulations 2013 and the Electricity (Applications for Consent) Regulations 1990, the Secretary of State for BEIS requires to take representations made on the applications within the specified timescale into account, alongside other material considerations,  before making a decision.  You are therefore invited to make comments on each application.  Please send responses (on each application separately) to the following address before 13th January 2020.

The Secretary of State for Business, Energy and Industrial Strategy, Energy Infrastructure Planning Team, Level 3, Orchard, 21 Victoria Street; London SW1H 0ET

Or by email to [email protected].

Written or emailed representations should be dated, clearly stating the name, full return email and postal address of those making representations. Representations must also identify the name of the generating station (Knapton Generating Station) or overhead line (Ochre Farm, Knapton Carr, East Knapton, Malton) and any grounds for objection.

Representations received by the Secretary of State will be handled in compliance with the European Union’s General Data Protection Regulation. Any representations received will be shared with the relevant local planning authorities and the applicant with all personal information removed.

In addition, copies of the applications are available for inspection, free of charge, during normal office hours at:

Knapton Generating Station, East Knapton, Malton, North Yorkshire YO17 8JF

Ryedale District Council, Ryedale House, Old Malton Road Malton, North YorkshireYO17 7HH


S36C Application to continue use of Knapton Generating Station 

Application Documents

Application letter: Application letter

Site Location Plan: Site Location Plan

Supporting Statement: Supporting statement

Environmental Report: Environmental ReportAppendices A & BAppendix C & D;  Appendix E & F;  Appendix G & HAppendix IAppendix J,K & L

Original Section 36 consent: Original S36 consent

Ryedale 2006 planning consent: Ryedale planning consent reference 06/00609/73 

Proposed variation: Proposed variation to the S90

Subsequent information forming part of the application:

BEIS letter of 24th May 2018 and applicant responses 28th May: amended S36 consent and explanatory memorandum

BEIS letter of 18th June 2018 and applicant responses 9th July (applicants letter and revised amended S36 consent and explanatory memorandum)

BEIS Screening decision 19th October 2019: BEIS letter to Agent re Screening decision S36 and S37

BEIS letter confirming suitability to publish 8th November 2019: BEIS letter to Agent 8 November 2019 re suitability for publication


Summary of the Section 36C application for Knapton Generating Station

Third Energy UK Gas Limited is the owner and operator of the Knapton Generating Station (KGS).  KGS is a gas powered power station which receives natural gas from the Ryedale Gas Fields, used to feed a gas-powered turbine to generate electricity.  KGS was originally consented in 1993 under Section 36 of the Electricity Act 1989 (S36) to generate up to 60MW for up to 15 years.  In 2006 Ryedale District Council extended the deemed planning consent granted by the S36 consent, for KGS to continue to operate until May 2018.

This application seeks to amend the original S36 consent to permit KGS to continue to operate until 31 December 2035.  This amendment is sought under Section 36C of the Electricity Act, which allows authorisation for a generating station to be operated in a way that would not be consistent with the original consent.  Since March 2010, electricity consent functions for similar sized generators to KGS are now granted through “development consent” under the Planning Act 2008 (through the Planning Inspectorate).  The S36C approach was introduced to avoid the requirement for relatively minor changes to an existing consent to require an entirely new consent under the new regime.   

The application comprises:

Application letter, explaining the documentation submitted, and how it complies with the information required by Regulation 3 of The Electricity Generating Stations (Variations of Consents) (England and Wales) Regulations 2013;

 Site Location Plan

Supporting statement – this summarises the application, and outlines the environmental considerations addressed and community consultation undertaken.  It assesses the application against national and local planning policy. Appendices to the supporting statement include the original S36 consent, the 2006 consent from Ryedale District Council, site location plans, a copy of the environmental permit in place at the time of the application (this was varied by the Environment Agency in May 2019) and pre-application consultation responses;

Environment Report  - outlines environmental considerations to be taken into account in determination of the application.  It addresses environmental implications of extending the network of Third Energy’s infrastructure until 2035 – not just KGS, but also the overhead line (subject to the S37 application described below), and six wellsites and a pipeline network.  The wellsites and pipeline network are subject to separate planning applications under the  Town and Country Planning Act 1990, determined by the Mineral Planning Authority, North Yorkshire County Council. The environmental report acknowledges that the infrastructure is integrated, with potential cumulative effects arising from it all continuing to operate until 2035.   The environmental report summarises environmental implications arising from each site (i.e. each application) individually in the relevant chapters, and also cumulative effects arising from it all continuing to operate together. It provides a brief background for all the sites, summarises operations on the sites and indicates what the proposed development seeks consent to continue for each site. Mitigation put in place for the existing operations to minimise their environmental effects is taken into account.  This is implemented through planning conditions, environmental permits and health and safety audits for the sites. Additional mitigation such as improved landscaping and measures to be put into place prior to any particularly disturbing operations is also proposed.  Conclusions of the report were that the proposed extension of the lifetime of the infrastructure until 2035 (KGS alone and in cumulation with the rest of the infrastructure and other committed development) would not result in any significant environmental impacts. The environmental report contains an assessment of the following aspects, at a level of detail appropriate for the development: ecology and biodiversity; landscape and visual impact; noise; traffic and transport; water resources; human health; major accidents and disasters; climate change; soil protection; cultural heritage and archaeology; air quality; lighting; cumulative effects (i.e. effects arising from the infrastructure operating in combination with other “committed development” in the area):

Environmental ReportAppendices A & BAppendix C & DAppendix E & FAppendix G & HAppendix I PipelineAppendix J, K & L

Original S36 Consent including the “S90” deemed planning consent;  Original S36 consent 

Ryedale planning consent extending the S90 aspect to permit operation until 2018; Ryedale planning consent reference 06/00609/73 

Proposed variation to permit operation until 2035  Proposed variation to the S90 

Subsequent correspondence with the Department for Business, Energy and Industrial Strategy (BEIS) requested that the proposed variation be made to the S36 consent itself rather than the S90 aspect only, and also that an “explanatory memorandum” was provided to explain why the changes were sought.  Further justification was sought that it was valid to make the S36 amendment when the majority of changes were made to the S90 aspect.  This correspondence is considered to form part of the application:

Letter from BEIS 24 May 2018Applicant Response to BEIS 28 May 2018Applicant Response to BEIS re Explanatory Memorandum 28 May 2018

Letter from BEIS 18 June 2018Agent Letter to BEIS 7 September 2018Applicant Response to BEIS re S36 Consent 7 September 2018

Applicant response to BEIS re S36 Explanatory Memorandum 7 September 2018

Further documents are included below relating to screening the application under the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 (EIA Regulations). This includes the screening decision from the Secretary of State for BEIS that the application does not form EIA development.

BEIS Letter to NYCC and RDC re screening 9 August 2018;  BEIS Letter to  NYCC and RDC re screening 1 August 2019;

BEIS Letter to NYCC re screening 19 September 2019Agent Letter to NYCC and BEIS re screening 28 September 2019

BEIS letter to Agent re Screening decision S36 and S37Environmental Permit May 2019 Variation Notice

BEIS letter to Agent 8 November 2019 re suitability for publication

S37 Application for retaining the Overhead Line

The  S37 Application includes:

  • A statement from the applicant (or agent) giving details required by Schedule 8 of the Electricity Act 1989 and the Electricity (Applications for Consent) Regulations 1990 (as amended);

  • Form B submitted to North Yorkshire County Council and Ryedale District Council (Ryedale District Council returned this form in August 2018 with no objection.  North Yorkshire County Council have not objected to the application but have not returned the form to date);

  • A location plan;

  • Information on consultation undertaken and representations received;

  • The original S37 consent (OL/271/715) and grant of the necessary wayleaves, and Ryedale planning consent 06/00613/73;

  • Correspondence with Northern Powergrid; and

  • An Environmental Report and Appendix (as submitted for the S36C application);

It is proposed that the two current conditions in place in the Ryedale planning consent are retained, though that condition 1 is amended to replace the words “19 May 2018” with “31 December 2035”.

The application was screened under the EIA Regulations in October 2019.  The screening decision of the Secretary of State for BEIS was that the application does not form EIA development.

Summary of the Section 37 application for retaining the overhead line from Knapton Generating Station

The 132kV Overhead Line (OHL) from which electricity is exported from KGS to the National Grid was consented in 1993 under Section 37 of the Electricity Act 1989 (S37). As for KGS, this was originally granted for 15 years, with an extension from Ryedale District Council in 2006, permitting its operation until May 2018. Consent is now sought under S37 to keep the OHL installed until 31 December 2035.

The application is made by Northern Powergrid (Northeast) Limited who operate and maintain the OHL. They have a licence under Section 6 of the Electricity Act 1989 to transmit electricity and will ensure the line complies with the Electricity Safety, Quality and Continuity Regulations 2002. They have agreed Third Energy may act as their agents to make the application on their behalf.

Response to Consultation

Consultation on the applications took place from November 2019.  Advertisements were placed in the ‘Malton Gazette and Herald’ and ‘London Gazette’, with links to this website and other locations at which the applications could be inspected.  In addition, 20 organisations were contacted by letter, inviting their comment on the applications. Redacted responses to the applications from consultees received by BEIS are held below.  Third Energy addressed these responses in a letter to BEIS in April 2020, which is also linked below.

Letter to BEIS re consultation responses 20200406 inc attachments redacted

FFR response 20200111  redacted

Historic England S36C 20191206 redacted

Historic England S37 20191206 redacted

Natural England Response 20191210 redacted

NY Fire 20200121 redacted

RDC comment on KGS 20180814 18-00540-ELECN[1] copy 2

RDC response S36C 20200122 redacted

RDC response S37 20200122 redacted

Yorkshire Water response 20191216 redacted

NYCC S36C and S37 consultation 20200403 redacted