The Abergelli Power Gas Fired Generating Station Order 2019
S.I. 2019/1268 · Made 19 September 2019 · Extends to England, Wales and Scotland
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
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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
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S.I. 2010/103, amended by S.I. 2012/635.
- f3
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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
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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
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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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by the Order
- 4Maintenance of authorised development
- 5Operation of authorised development
- 6Benefit of this Order
- 7Consent to transfer benefit of the Order
- Part 3: STREETS
- 8Power to alter layout etc. of streets
- 9Street works
- 10Construction and maintenance of new or altered means of access
- 11Temporary prohibition or restriction of use of streets
- 12Stopping up of streets
- 13Access to works
- 14Agreements with street authorities
- 15Traffic Regulation
- Part 4: SUPPLEMENTAL POWERS
- 16Discharge of water
- 17Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 18Compulsory acquisition of land
- 19Compulsory acquisition of land – incorporation of the mineral code
- 20Statutory authority to override easements and other rights
- 21Time limit for exercise of authority to acquire land compulsorily
- 22Compulsory acquisition of rights etc.
- 23Private rights
- 24Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 25Acquisition of subsoil only
- 26Modification of Part 1 of the Compulsory Purchase Act 1965
- 27Rights under or over streets
- 28Temporary use of land in connection with the carrying out of the authorised development
- 29Temporary use of land for maintaining the authorised development
- 30Statutory undertakers
- 31Apparatus and rights of statutory undertakers in streets
- 32Recovery of costs of new connections
- 33Funding
- Part 6: OPERATIONS
- 34Felling or lopping of trees and removal of hedgerows
- Part 7: MISCELLANEOUS AND GENERAL
- 35Application of landlord and tenant law
- 36Operational land for the purposes of the 1990 Act
- 37Defence to proceedings in respect of statutory nuisance
- 38Protective provisions
- 39Certification of plans etc.
- 40Service of notices
- 41Procedure in relation to certain approvals
- 42Arbitration
- 43Application and modification of legislative provisions
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- 1Time limits
- 2Detailed Design
- 3Provision and maintenance of landscaping
- 4Highway accesses
- 5Fencing and other means of enclosure
- 6Surface and foul water drainage
- 7Surface water management plan
- 8Pre–construction ecological constraints survey
- 9Ecological management plan
- 10Invasive species survey and remediation
- 11Bat Method Statement
- 12Reptile Method Statement
- 13Archaeology
- 14Site investigation
- 15Mineral Resources Survey
- 16Peat Management Plan
- 17Construction environment management plan
- 18Dust management plan
- 19Pollution prevention management plan
- 20Waste and material management plan
- 21Construction traffic management plan
- 22Construction staff travel plan
- 23Construction hours
- 24Dates of final commissioning, completion of construction and cessation
- 25Control of noise during operational phase
- 26Control of artificial light emissions during operation
- 27Operation of the authorised development
- 28Decommissioning strategy
- 29Amendments to approved details
- Schedule 3: STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT
- 1PERMANENT ALTERATION OF LAYOUT
- 2TEMPORARY ALTERATION OF LAYOUT
- Schedule 4STREETS SUBJECT TO STREET WORKS
- Schedule 5: ACCESS
- 1THOSE PARTS OF ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE
- 2THOSE PARTS OF ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY
- 3THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED AT THE PUBLIC EXPENSE
- 4THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY
- Schedule 6TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS
- Schedule 7STREETS TO BE STOPPED UP
- Schedule 8: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Application of Part 1 of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 10REMOVAL OF HEDGEROWS
- Schedule 11: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part 3: FOR THE PROTECTION OF NATIONAL GRID
- 17Application
- 18Interpretation
- 19Paragraph 19
- 20Apparatus of National Grid in streets subject to temporary prohibition or restriction
- 21Acquisition of land
- 22Removal of apparatus
- 23Facilities and rights for alternative apparatus
- 24Retained apparatus: protection of National Grid as Gas Undertaker
- 25Retained apparatus: protection of National Grid as Electricity Undertaker
- 26Expenses
- 27Indemnity
- 28Enactments and agreements
- 29Co–operation
- 30Access
- 31Arbitration
- Part 4: FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION (SOUTH WALES) PLC
- 32Application
- 33Interpretation
- 34Precedence of 1991 Act in respect of apparatus in streets
- 35No acquisition or extinguishment except by agreement
- 36Removal of apparatus
- 37Paragraph 37
- 38Expenses and costs
- 39Expert determination
- Part 5: FOR THE PROTECTION OF DŴR CYMRU CYFYNGEDIG
- 40Application
- 41Interpretation
- 42No acquisition or extinguishment except by agreement
- 43Precedence of the WIA 1991
- 44Protection of DCC apparatus
- 45Suspension of works
- 46Paragraph 46
- 47Emergency Works
- 48Damage to DCC apparatus
- Part 6: FOR THE PROTECTION OF ABERGELLI SOLAR LIMITED
- 49Application
- 50Interpretation
- 51Acquisition of land
- 52Access
- 53Apparatus in streets subject to temporary prohibition or restriction
- 54Specified Works
- 55Expenses and costs
- 56Paragraph 56
- 57Expert determination
- Part 7: FOR THE PROTECTION OF WALES & WEST UTILITIES LIMITED
- 58Application
- 59Interpretation
- 60Apparatus of the protected person in streets subject to temporary prohibition or restriction
- 61Acquisition of Land
- 62Retained apparatus: Protection: Protected Persons
- 63Expenses
- 64Indemnity
- 65Enactments and agreements
- 66Co–operation
- 67Access
- 68Arbitration
- Schedule 12: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Applications made under requirements
- 2Further information
- 3Appeals
- 4Interpretation of Schedule 12
- Explanatory note