Article 2 Interpretation

In this Order, unless the context requires otherwise—

• “the 1961 Act” means the Land Compensation Act 1961^f1;

• “the 1965 Act” means the Compulsory Purchase Act 1965^f2;

• “the 1980 Act” means the Highways Act 1980^f3;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981^f4;

• “the 1984 Act” means the Road Traffic Regulation Act 1984^f5;

• “the 1989 Act” means the Electricity Act 1989^f6;

• “the 1990 Act” means the Town and Country Planning Act 1990^f7;

• “the 1991 Act” means the New Roads and Street Works Act 1991^f8;

• “the 2003 Act” means the Communications Act 2003^f9;

• “the 2008 Act” means the Planning Act 2008^f10;

• “the 2015 Order” means the Town and Country Planning (General Permitted Development) (England) Order 2015^f11;

• “address” includes any number or address used for the purposes of electronic transmission;

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act except that, unless otherwise provided, it further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets;

• “archaeological mitigation strategy” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the archaeological mitigation strategy for the purposes of this Order;

• “authorised development” means the development and associated development described in Schedule 50 (authorised development) which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act

• “book of reference” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the book of reference for the purposes of this Order;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971^f12;

• “carriageway” has the meaning given in section 329 (further provision as to interpretation) of the 1980 Act;

• “commence” means beginning to carry out a material operation, as defined in section 155 (when development begins) of the 2008 Act, forming part of the authorised development other than permitted preliminary works (except where stated to the contrary), and “commencement” and “commenced” must be construed accordingly;

• “crown land plan” means the plan of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the crown land plan for the purposes of this Order;

• “cycle track” has the same meaning as in section 329 (further provision as to interpretation) of the 1980 Act;

• “cycleway” means a way constituting or comprised in a highway, being a way over which the public have a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988^f13) with a right of way on foot and a right of way on horseback or leading a horse, but no other rights of way;

• “date of final commissioning” means the date on which the authorised development commences operation by generating electricity on a commercial basis but excluding the generation of electricity during commissioning and testing;

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but while in electronic form;

• “environmental statement” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “environmental statement addendum” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “existing substation” means the existing substation at Bicker Fen, Bicker, Lincolnshire, PE20 3BQ, owned and operated by NGET;

• “flood risk assessment conclusions” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the flood risk assessment conclusions for the purposes of this Order;

• “flood risk operational mitigation” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the flood risk operational mitigation for the purposes of this Order;

• “footway” and “footpath” have the same meanings as in section 329 (further provision as to interpretation) of the 1980 Act;

• “highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act^f14;

• “land plans” means the plans of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the land plans for the purposes of this Order;

• “maintain” includes inspect, upkeep, repair, refurbish, adjust, alter, remove, reconstruct and replace in relation to the authorised development, but not remove, reconstruct or replace the whole of, the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement and “maintenance” and “maintaining” must be construed accordingly;

• “National Grid” means National Grid Electricity Transmission plc, company number 2366977, whose registered office is at 1-3 Strand, London, WC2N 5EH, being a licence holder within the meaning of Part 1 of the 1989 Act;

• “National Grid 2005 permission” means planning permission B/05/0046 granted by Boston Borough Council on 20 April 2005 (and any variation thereof);

• “Order land” means the land shown on the land plans and crown land plan which is within the limits of land to be acquired or used and described in the book of reference;

• “Order limits” means the limits shown on the land plans, crown land plan and works plan within which the authorised development may be carried out and land acquired or used;

• “outline battery safety management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline battery safety management plan for the purposes of this Order;

• “outline construction environmental management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline construction environmental management plan for the purposes of this Order;

• “outline construction traffic management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order;

• “outline decommissioning environmental management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline decommissioning environmental management plan for the purposes of this Order;

• “outline design principles” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline design principles for the purposes of this Order;

• “outline drainage strategy” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline drainage strategy for the purposes of this Order;

• “outline landscape and ecological management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline landscape and ecological management plan for the purposes of this Order;

• “outline public rights of way management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline public rights of way management plan for the purposes of this Order;

• “outline skills, supply chain and employment plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline skills, supply chain and employment plan for the purposes of this Order;

• “outline soil management plan” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the outline soil management plan for the purposes of this Order;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981;

• “the permit scheme” means the Lincolnshire Permit Scheme for Road Works and Street Works Order 2016, which is made under Part 3 of the Traffic Management Act 2004;

• “permitted preliminary works” means operations consisting of all or any of—

  1. (a)

     pre-construction surveys and/or monitoring;

  2. (b)

     site clearance (including vegetation removal and demolition of existing structures);

  3. (c)

     advanced planting works;

  4. (d)

     archaeological investigations;

  5. (e)

     environmental surveys;

  6. (f)

     investigations for the purpose of assessing ground conditions;

  7. (g)

     remedial work in respect of contamination or other adverse ground conditions;

  8. (h)

     diversion of existing services and laying of temporary services;

  9. (i)

     erection of any temporary means of enclosure; or

  10. (j)

      the temporary display of site notices and/or advertisements;

• “relevant planning authority” means the local planning authority for the area in which the land to which the provisions of this Order apply is situated and as more particularly described for the purposes of the requirements in Part 1 of Schedule 2 (requirements);

• “requirement” means a requirement set out in Part 1 of Schedule 2 (requirements), and a reference to a numbered requirement is a reference to the requirement set out in the paragraph of that Part of that Schedule with the same number;

• “statutory undertaker” means any person falling within section 127(8) or section 138(4A) of the 2008 Act and includes a public communications provider as defined in section 151(1) of the 2003 Act^f15 and an operator of an electronic communications code network as defined in paragraph 1(1) of Schedule 17 to the 2003 Act^f16;

• “street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act^f17;

• “street works” means the works listed in article 11 (street works);

• “streets, rights of way and access plans” means the plans of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the streets, rights of way and access plans for the purposes of this Order;

• “subsidiary” has the same as in section 1159 of the Companies Act 2006^f18;

• “subsoil” means any stratum of land that is below the surface of the ground;

• “traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act^f19;

• “undertaker” means Beacon Fen Energy Park Ltd (company registration number 13347752 whose registered address is Stirling Square, 5-7 Carlton Gardens, London, England, SW1Y 5AD);

• “Upper Tribunal” means the Lands Chamber of the Upper Tribunal;

• “waste and recycling strategy” means the document of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the waste and recycling strategy for the purposes of this Order;

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

• “work” means a work set out in Schedule 1 (authorised development);

• “works plan” means the plan of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the works plan for the purposes of this Order; and

• “vegetation removal plan” means the plan of that name identified in the table at Schedule 12 (documents and plans to be certified) and which is certified by the Secretary of State as the vegetation removal plan for the purposes of this Order.

References in this Order to rights over land include references to rights to do or restrain or to place and maintain anything in, on or under land or in the airspace above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or over which rights are created and acquired under this Order or is otherwise comprised in this Order.

All distances, directions, capacities and lengths referred to in this Order are approximate distances between lines or points on a numbered work comprised in the authorised development and shown on the works plan and streets, rights of way and access plans are taken to be measured along that work.

References in this Order to numbered works are references to the works comprising the authorised development as numbered in Schedule 1 (authorised development) and shown on the works plan and a reference in this Order to a work designated by a number, or by a combination of letters and numbers, is a reference to the work so designated in that Schedule and a reference to “Work No. 4” or “numbered work 4” means numbered works 4A and 4B inclusive and the same principle applies to such numbered works that contain letters.

All areas described in square metres in the book of reference are approximate.

In this Order “include” or “includes” must be construed without limitation unless the contrary intention appears.

References in this Order to any statutory body include that body’s successor in respect of functions which are relevant to this Order.

References in this Order to any statute, order, regulation or similar instrument are to be construed as a reference to the statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.