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The Abergelli Power Gas Fired Generating Station Order 2019

S.I. 2019/1268 · Made 19 September 2019 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 10 January 2020.

Infrastructure Planning

Made 19th September 2019

Coming into force 10th October 2019

An application under section 37 of the Planning Act 2008f1 (the “2008 Act”) has been made to the Secretary of State for an order granting development consent.

The application has been examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f2. The single appointed person has submitted a report and recommendation to the Secretary of State under section 83 of the 2008 Actf3.

The Secretary of State, has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f4 and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application.

In accordance with section 127 of the 2008 Actf5, the Secretary of State has applied the relevant tests and is satisfied that they have been met.

Accordingly, the Secretary of State, in exercise of the powers in sections 114, 115, and 120 of the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c.29. The relevant provisions of the 2008 Act are amended by Chapter 6 of Part 6 of, and schedule 13 to, the Localism Act 2011 (c.20), sections 22 to 27 of the Growth and Infrastructure Act 2013 (c.27), section 43 of the Wales Act 2017 (c.4) and paragraph 12(2) of Schedule 1 to S.I. 2013/124. Transitional provisions are contained in section 70 of and Schedule 7 paragraphs 1 and 6 to, the Wales Act 2017 and in S.I. 2013/1124.

f2

S.I. 2010/103, amended by S.I. 2012/635.

f3

Section 83 was amended by paragraphs 35(2) and 35(3) of schedule 13(1) and paragraph 1 of section 25(20) to the Localism Act 2011 (c.20).

f4

S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in regulation 37(2) of that instrument.

f5

Section 127 was amended by sections 23(2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013 (c.27) and by paragraph 64(2) of Schedule 13(1).

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Operation of authorised development
  8. 6Benefit of this Order
  9. 7Consent to transfer benefit of the Order
  10. Part 3: STREETS
  11. 8Power to alter layout etc. of streets
  12. 9Street works
  13. 10Construction and maintenance of new or altered means of access
  14. 11Temporary prohibition or restriction of use of streets
  15. 12Stopping up of streets
  16. 13Access to works
  17. 14Agreements with street authorities
  18. 15Traffic Regulation
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Authority to survey and investigate the land
  22. Part 5: POWERS OF ACQUISITION
  23. 18Compulsory acquisition of land
  24. 19Compulsory acquisition of land – incorporation of the mineral code
  25. 20Statutory authority to override easements and other rights
  26. 21Time limit for exercise of authority to acquire land compulsorily
  27. 22Compulsory acquisition of rights etc.
  28. 23Private rights
  29. 24Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  30. 25Acquisition of subsoil only
  31. 26Modification of Part 1 of the Compulsory Purchase Act 1965
  32. 27Rights under or over streets
  33. 28Temporary use of land in connection with the carrying out of the authorised development
  34. 29Temporary use of land for maintaining the authorised development
  35. 30Statutory undertakers
  36. 31Apparatus and rights of statutory undertakers in streets
  37. 32Recovery of costs of new connections
  38. 33Funding
  39. Part 6: OPERATIONS
  40. 34Felling or lopping of trees and removal of hedgerows
  41. Part 7: MISCELLANEOUS AND GENERAL
  42. 35Application of landlord and tenant law
  43. 36Operational land for the purposes of the 1990 Act
  44. 37Defence to proceedings in respect of statutory nuisance
  45. 38Protective provisions
  46. 39Certification of plans etc.
  47. 40Service of notices
  48. 41Procedure in relation to certain approvals
  49. 42Arbitration
  50. 43Application and modification of legislative provisions
  51. Signature
  52. Schedule 1AUTHORISED DEVELOPMENT
  53. Schedule 2: REQUIREMENTS
  54. 1Time limits
  55. 2Detailed Design
  56. 3Provision and maintenance of landscaping
  57. 4Highway accesses
  58. 5Fencing and other means of enclosure
  59. 6Surface and foul water drainage
  60. 7Surface water management plan
  61. 8Pre–construction ecological constraints survey
  62. 9Ecological management plan
  63. 10Invasive species survey and remediation
  64. 11Bat Method Statement
  65. 12Reptile Method Statement
  66. 13Archaeology
  67. 14Site investigation
  68. 15Mineral Resources Survey
  69. 16Peat Management Plan
  70. 17Construction environment management plan
  71. 18Dust management plan
  72. 19Pollution prevention management plan
  73. 20Waste and material management plan
  74. 21Construction traffic management plan
  75. 22Construction staff travel plan
  76. 23Construction hours
  77. 24Dates of final commissioning, completion of construction and cessation
  78. 25Control of noise during operational phase
  79. 26Control of artificial light emissions during operation
  80. 27Operation of the authorised development
  81. 28Decommissioning strategy
  82. 29Amendments to approved details
  83. Schedule 3: STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT
  84. 1PERMANENT ALTERATION OF LAYOUT
  85. 2TEMPORARY ALTERATION OF LAYOUT
  86. Schedule 4STREETS SUBJECT TO STREET WORKS
  87. Schedule 5: ACCESS
  88. 1THOSE PARTS OF ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE
  89. 2THOSE PARTS OF ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY
  90. 3THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED AT THE PUBLIC EXPENSE
  91. 4THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY
  92. Schedule 6TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS
  93. Schedule 7STREETS TO BE STOPPED UP
  94. Schedule 8: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS
  95. Compensation enactments
  96. 1Paragraph 1
  97. 2Paragraph 2
  98. 3Paragraph 3
  99. Application of Part 1 of the 1965 Act
  100. 4Paragraph 4
  101. 5Paragraph 5
  102. 6Paragraph 6
  103. 7Paragraph 7
  104. 8Paragraph 8
  105. 9Paragraph 9
  106. 10Paragraph 10
  107. Schedule 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  108. Schedule 10REMOVAL OF HEDGEROWS
  109. Schedule 11: PROTECTIVE PROVISIONS
  110. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  111. 1Paragraph 1
  112. 2Paragraph 2
  113. 3Paragraph 3
  114. 4Paragraph 4
  115. 5Paragraph 5
  116. 6Paragraph 6
  117. 7Paragraph 7
  118. 8Paragraph 8
  119. 9Paragraph 9
  120. 10Paragraph 10
  121. 11Paragraph 11
  122. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  123. 12Paragraph 12
  124. 13Paragraph 13
  125. 14Paragraph 14
  126. 15Paragraph 15
  127. 16Paragraph 16
  128. Part 3: FOR THE PROTECTION OF NATIONAL GRID
  129. 17Application
  130. 18Interpretation
  131. 19Paragraph 19
  132. 20Apparatus of National Grid in streets subject to temporary prohibition or restriction
  133. 21Acquisition of land
  134. 22Removal of apparatus
  135. 23Facilities and rights for alternative apparatus
  136. 24Retained apparatus: protection of National Grid as Gas Undertaker
  137. 25Retained apparatus: protection of National Grid as Electricity Undertaker
  138. 26Expenses
  139. 27Indemnity
  140. 28Enactments and agreements
  141. 29Co–operation
  142. 30Access
  143. 31Arbitration
  144. Part 4: FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION (SOUTH WALES) PLC
  145. 32Application
  146. 33Interpretation
  147. 34Precedence of 1991 Act in respect of apparatus in streets
  148. 35No acquisition or extinguishment except by agreement
  149. 36Removal of apparatus
  150. 37Paragraph 37
  151. 38Expenses and costs
  152. 39Expert determination
  153. Part 5: FOR THE PROTECTION OF DŴR CYMRU CYFYNGEDIG
  154. 40Application
  155. 41Interpretation
  156. 42No acquisition or extinguishment except by agreement
  157. 43Precedence of the WIA 1991
  158. 44Protection of DCC apparatus
  159. 45Suspension of works
  160. 46Paragraph 46
  161. 47Emergency Works
  162. 48Damage to DCC apparatus
  163. Part 6: FOR THE PROTECTION OF ABERGELLI SOLAR LIMITED
  164. 49Application
  165. 50Interpretation
  166. 51Acquisition of land
  167. 52Access
  168. 53Apparatus in streets subject to temporary prohibition or restriction
  169. 54Specified Works
  170. 55Expenses and costs
  171. 56Paragraph 56
  172. 57Expert determination
  173. Part 7: FOR THE PROTECTION OF WALES & WEST UTILITIES LIMITED
  174. 58Application
  175. 59Interpretation
  176. 60Apparatus of the protected person in streets subject to temporary prohibition or restriction
  177. 61Acquisition of Land
  178. 62Retained apparatus: Protection: Protected Persons
  179. 63Expenses
  180. 64Indemnity
  181. 65Enactments and agreements
  182. 66Co–operation
  183. 67Access
  184. 68Arbitration
  185. Schedule 12: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  186. 1Applications made under requirements
  187. 2Further information
  188. 3Appeals
  189. 4Interpretation of Schedule 12
  190. Explanatory note