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The Boston Alternative Energy Facility Order 2023

S.I. 2023/778 · Made 5 July 2023

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Infrastructure Planning

Made 5th July 2023

Coming into force 27th July 2023

An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (the “2008 Act”)f1for an order granting development consent in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2.

The application was examined by the Examining Authority appointed by the Secretary of State pursuant to sections 61f3 and 65f4 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and with the Infrastructure Planning (Examination Procedure) Rules 2010f5. The Examining Authority has submitted a report to the Secretary of State under section 74(2) of the 2008 Act.

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 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f6 and as a national policy statement has effect in relation to the proposed development, 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 on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

In accordance with section 127f7 of the 2008 Act, the Secretary of State has applied the relevant tests and is satisfied that they have been met.

The Secretary of State, in exercise of the powers in sections 114, 115, 120, 122, 123, 140 and 149A of the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20).

f2

S.I. 2009/2264.

f3

Section 61 was amended by section 128(2) and Schedule 13, paragraph 18 to the Localism Act 2011 (c. 20) and by section 26 of the Infrastructure Act 2015 (c. 7).

f4

Section 65 was amended by Schedule 13, paragraph 22(2) and Schedule 25, paragraph 1 to the Localism Act 2011 (c. 20) and by section 27(1) of the Infrastructure Act 2015 (c. 7).

f5

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

f6

S.I. 2017/572.

f7

2008 c. 29. Section 127 was amended by section 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) to the Localism Act 2011 (c. 20).

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent granted by the Order
  6. 4Maintenance of authorised development
  7. 5Maintenance of drainage works
  8. 6Operation of the authorised development
  9. 7Limits of deviation
  10. 8Benefit of this Order
  11. 9Consent to transfer benefit of the Order
  12. Part 3: STREETS
  13. 10Street works
  14. 11Application of the 1991 Act
  15. 12Power to alter layout, etc., of streets
  16. 13Temporary closure, alteration, diversion and restriction of use of streets
  17. 14Permanent stopping up of streets
  18. 15Access to works
  19. 16Use of private roads
  20. 17Agreements with street authorities
  21. 18Traffic regulation measures
  22. Part 4: SUPPLEMENTARY POWERS
  23. 19Powers in relation to relevant navigations or watercourses
  24. 20Discharge of water
  25. 21Authority to survey and investigate the land
  26. 22Protective work to buildings
  27. 23Felling or lopping of trees
  28. 24Removal of human remains
  29. Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
  30. 25Compulsory acquisition of land
  31. 26Compulsory acquisition of land – incorporation of the mineral code
  32. 27Time limit for exercise of authority to acquire land compulsorily
  33. 28Private rights
  34. 29Power to override easements and other rights
  35. 30Application of the 1981 Act
  36. 31Modification of Part 1 of the 1965 Act
  37. 32Acquisition of subsoil or air-space only
  38. 33Temporary use of land for carrying out the authorised development
  39. 34Temporary use of land for maintaining the authorised development
  40. 35Statutory undertakers
  41. 36Apparatus and rights of statutory undertakers in stopped up streets
  42. 37Recovery of costs of new connections
  43. 38Disregard of certain improvements, etc.
  44. 39Set-off for enhancement in value of retained land
  45. Part 6: MISCELLANEOUS AND GENERAL
  46. 40Disapplication of legislative provisions, etc.
  47. 41Amendment of local legislation
  48. 42Planning permission, etc.
  49. 43Application of landlord and tenant law
  50. 44Defence to proceedings in respect of statutory nuisance
  51. 45Protective provisions
  52. 46Deemed marine licence
  53. 47Certification of documents, etc.
  54. 48Service of notices
  55. 49Arbitration
  56. 50Procedures in relation to approvals, etc., under Schedule 2
  57. 51No double recovery
  58. 52Guarantees in respect of payment of compensation
  59. 53Crown rights
  60. 54Offshore ornithology compensation provisions
  61. 55Harbour seal compensation measures
  62. Signature
  63. Schedule 1AUTHORISED DEVELOPMENT
  64. Schedule 2: REQUIREMENTS
  65. Part 1: REQUIREMENTS
  66. 1Interpretation
  67. 2Time limits
  68. 3Detailed design approval
  69. 4Detailed design (appearance)
  70. 5Parameters of authorised development
  71. 6Landscape and ecological mitigation strategy
  72. 7Archaeology
  73. 8Highway access
  74. 9Surface and foul water drainage
  75. 10Contamination
  76. 11Code of construction practice
  77. 12Construction hours
  78. 13Construction traffic management plan
  79. 14Flood risk emergency plan
  80. 15Phasing of construction and commissioning of Work Nos. 1 and 2
  81. 16Operational lighting scheme
  82. 17Operational vehicle movements
  83. 18Waste hierarchy scheme
  84. 19Control of operational noise
  85. 20Notice of start of commissioning and notice of date of final commissioning
  86. 21Combined heat and power
  87. 22Decommissioning
  88. 23Amendments to approved details
  89. 24Electricity generation cap
  90. 25Tonnage caps
  91. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  92. 26Applications made under Part 1
  93. 27Further information
  94. 28Fees
  95. 29Register of requirements
  96. 30Appeals to the Secretary of State
  97. 31Anticipatory steps towards compliance with any requirement
  98. 32Interpretation of Part 2 of Schedule 2
  99. Schedule 3STREETS SUBJECT TO STREET WORKS
  100. Schedule 4: STREETS SUBJECT TO ALTERATION OF LAYOUT
  101. 1PERMANENT ALTERATION OF LAYOUT
  102. 2TEMPORARY ALTERATION OF LAYOUT
  103. Schedule 5TEMPORARY CLOSURE, ALTERATION, DIVERSION AND RESTRICTION OF THE USE OF STREETS
  104. Schedule 6PERMANENT STOPPING UP OF STREETS AND PUBLIC RIGHTS OF WAY
  105. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  106. Schedule 8: PROTECTIVE PROVISIONS
  107. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  108. 1Paragraph 1
  109. 2Paragraph 2
  110. On street apparatus
  111. 3Paragraph 3
  112. Apparatus in stopped up streets
  113. 4Paragraph 4
  114. Protective works to buildings
  115. 5Paragraph 5
  116. Acquisition of land
  117. 6Paragraph 6
  118. Removal of apparatus
  119. 7Paragraph 7
  120. Facilities and rights for alternative apparatus
  121. 8Paragraph 8
  122. Retained apparatus
  123. 9Paragraph 9
  124. Expenses and costs
  125. 10Paragraph 10
  126. 11Paragraph 11
  127. Cooperation
  128. 12Paragraph 12
  129. 13Paragraph 13
  130. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  131. 14Paragraph 14
  132. 15Paragraph 15
  133. 16Paragraph 16
  134. 17Paragraph 17
  135. Part 3: FOR THE PROTECTION OF HIGHWAYS AND TRAFFIC UNDERTAKERS
  136. 18Paragraph 18
  137. 19Paragraph 19
  138. 20Paragraph 20
  139. 21Paragraph 21
  140. 22Paragraph 22
  141. 23Paragraph 23
  142. 24Paragraph 24
  143. 25Paragraph 25
  144. 26Paragraph 26
  145. 27Paragraph 27
  146. 28Paragraph 28
  147. 29Paragraph 29
  148. Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  149. 30Paragraph 30
  150. 31Paragraph 31
  151. Submission and approval of plans
  152. 32Paragraph 32
  153. Construction of protective works
  154. 33Paragraph 33
  155. Timing of works and service of notices
  156. 34Paragraph 34
  157. Maintenance of drainage works
  158. 35Paragraph 35
  159. Impairment of drainage works
  160. 36Paragraph 36
  161. Agency access
  162. 37Paragraph 37
  163. Free passage of fish
  164. 38Paragraph 38
  165. 39Paragraph 39
  166. Indemnity
  167. 40Paragraph 40
  168. Disputes
  169. 41Paragraph 41
  170. Roman Bank
  171. 42Paragraph 42
  172. 43Paragraph 43
  173. 44Paragraph 44
  174. 45Paragraph 45
  175. 46Paragraph 46
  176. 47Paragraph 47
  177. Part 5: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
  178. 48Paragraph 48
  179. 49Paragraph 49
  180. 50Paragraph 50
  181. 51Paragraph 51
  182. 52Paragraph 52
  183. 53Paragraph 53
  184. 54Paragraph 54
  185. 55Paragraph 55
  186. 56Paragraph 56
  187. 57Paragraph 57
  188. 58Paragraph 58
  189. Part 6: FOR THE PROTECTION OF ANGLIAN WATER
  190. 59Paragraph 59
  191. 60Paragraph 60
  192. 61Paragraph 61
  193. 62Paragraph 62
  194. 63Paragraph 63
  195. 64Paragraph 64
  196. 65Paragraph 65
  197. 66Paragraph 66
  198. 67Paragraph 67
  199. 68Paragraph 68
  200. 69Paragraph 69
  201. Schedule 9: DEEMED MARINE LICENCE
  202. Part 1: INTRODUCTION
  203. Interpretation
  204. 1Paragraph 1
  205. 2Paragraph 2
  206. Part 2: LICENSED ACTIVITIES
  207. 3Paragraph 3
  208. 4Paragraph 4
  209. Part 3: CONDITIONS
  210. General conditions
  211. 5Paragraph 5
  212. 6Paragraph 6
  213. 7Paragraph 7
  214. Vessels
  215. 8Paragraph 8
  216. 9Paragraph 9
  217. Agents/contractors/sub-contractors
  218. 10Paragraph 10
  219. 11Paragraph 11
  220. Construction environmental management plan
  221. 12Paragraph 12
  222. Piling
  223. 13Paragraph 13
  224. Navigation management plan
  225. 14Paragraph 14
  226. Marine archaeology
  227. 15Paragraph 15
  228. Marine pollution contingency plan
  229. 16Paragraph 16
  230. Marine mammal mitigation protocol
  231. 17Paragraph 17
  232. Landscape and ecological mitigation strategy
  233. 18Paragraph 18
  234. Concrete and cement
  235. 19Paragraph 19
  236. Coatings and treatment
  237. 20Paragraph 20
  238. Spills, etc.
  239. 21Paragraph 21
  240. Removal of temporary structures etc.
  241. 22Paragraph 22
  242. Dropped objects
  243. 23Paragraph 23
  244. Bathymetric surveys
  245. 24Paragraph 24
  246. Sediment sampling
  247. 25Paragraph 25
  248. Reporting of impact sound to the Marine Noise Registry
  249. 26Paragraph 26
  250. Decommissioning
  251. 27Paragraph 27
  252. Notice of completion of licensed activity
  253. 28Paragraph 28
  254. Part 4: PROCEDURE FOR THE DISCHARGE OF CONDITIONS
  255. Meaning of “return”
  256. 29Paragraph 29
  257. Further information regarding return
  258. 30Paragraph 30
  259. Determination of returns
  260. 31Paragraph 31
  261. Notice of determination
  262. 32Paragraph 32
  263. Part 5: CHANGES TO THE LICENCE
  264. 33Paragraph 33
  265. Schedule 10: DOCUMENTS AND PLANS TO BE CERTIFIED
  266. 1DOCUMENTS AND PLANS TO BE CERTIFIED
  267. 2ENVIRONMENTAL STATEMENT SUPPLEMENTS
  268. Schedule 11: ORNITHOLOGY COMPENSATION MEASURES
  269. 1Paragraph 1
  270. 2Paragraph 2
  271. 3Paragraph 3
  272. 4Paragraph 4
  273. 5Paragraph 5
  274. 6Paragraph 6
  275. 7Paragraph 7
  276. 8Paragraph 8
  277. 9Paragraph 9
  278. 10Paragraph 10
  279. 11Paragraph 11
  280. 12Paragraph 12
  281. Schedule 12: HARBOUR SEAL COMPENSATION MEASURES
  282. 1Paragraph 1
  283. 2Paragraph 2
  284. 3Paragraph 3
  285. 4Paragraph 4
  286. 5Paragraph 5
  287. 6Paragraph 6
  288. Explanatory note