The Boston Alternative Energy Facility Order 2023
S.I. 2023/778 · Made 5 July 2023
Infrastructure Planning
Made 5th July 2023
Coming into force 27th July 2023
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
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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
- f3
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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
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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
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S.I. 2010/103, amended by S.I. 2012/635.
- f6
- f7
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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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent granted by the Order
- 4Maintenance of authorised development
- 5Maintenance of drainage works
- 6Operation of the authorised development
- 7Limits of deviation
- 8Benefit of this Order
- 9Consent to transfer benefit of the Order
- Part 3: STREETS
- 10Street works
- 11Application of the 1991 Act
- 12Power to alter layout, etc., of streets
- 13Temporary closure, alteration, diversion and restriction of use of streets
- 14Permanent stopping up of streets
- 15Access to works
- 16Use of private roads
- 17Agreements with street authorities
- 18Traffic regulation measures
- Part 4: SUPPLEMENTARY POWERS
- 19Powers in relation to relevant navigations or watercourses
- 20Discharge of water
- 21Authority to survey and investigate the land
- 22Protective work to buildings
- 23Felling or lopping of trees
- 24Removal of human remains
- Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
- 25Compulsory acquisition of land
- 26Compulsory acquisition of land – incorporation of the mineral code
- 27Time limit for exercise of authority to acquire land compulsorily
- 28Private rights
- 29Power to override easements and other rights
- 30Application of the 1981 Act
- 31Modification of Part 1 of the 1965 Act
- 32Acquisition of subsoil or air-space only
- 33Temporary use of land for carrying out the authorised development
- 34Temporary use of land for maintaining the authorised development
- 35Statutory undertakers
- 36Apparatus and rights of statutory undertakers in stopped up streets
- 37Recovery of costs of new connections
- 38Disregard of certain improvements, etc.
- 39Set-off for enhancement in value of retained land
- Part 6: MISCELLANEOUS AND GENERAL
- 40Disapplication of legislative provisions, etc.
- 41Amendment of local legislation
- 42Planning permission, etc.
- 43Application of landlord and tenant law
- 44Defence to proceedings in respect of statutory nuisance
- 45Protective provisions
- 46Deemed marine licence
- 47Certification of documents, etc.
- 48Service of notices
- 49Arbitration
- 50Procedures in relation to approvals, etc., under Schedule 2
- 51No double recovery
- 52Guarantees in respect of payment of compensation
- 53Crown rights
- 54Offshore ornithology compensation provisions
- 55Harbour seal compensation measures
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Detailed design approval
- 4Detailed design (appearance)
- 5Parameters of authorised development
- 6Landscape and ecological mitigation strategy
- 7Archaeology
- 8Highway access
- 9Surface and foul water drainage
- 10Contamination
- 11Code of construction practice
- 12Construction hours
- 13Construction traffic management plan
- 14Flood risk emergency plan
- 15Phasing of construction and commissioning of Work Nos. 1 and 2
- 16Operational lighting scheme
- 17Operational vehicle movements
- 18Waste hierarchy scheme
- 19Control of operational noise
- 20Notice of start of commissioning and notice of date of final commissioning
- 21Combined heat and power
- 22Decommissioning
- 23Amendments to approved details
- 24Electricity generation cap
- 25Tonnage caps
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 26Applications made under Part 1
- 27Further information
- 28Fees
- 29Register of requirements
- 30Appeals to the Secretary of State
- 31Anticipatory steps towards compliance with any requirement
- 32Interpretation of Part 2 of Schedule 2
- Schedule 3STREETS SUBJECT TO STREET WORKS
- Schedule 4: STREETS SUBJECT TO ALTERATION OF LAYOUT
- 1PERMANENT ALTERATION OF LAYOUT
- 2TEMPORARY ALTERATION OF LAYOUT
- Schedule 5TEMPORARY CLOSURE, ALTERATION, DIVERSION AND RESTRICTION OF THE USE OF STREETS
- Schedule 6PERMANENT STOPPING UP OF STREETS AND PUBLIC RIGHTS OF WAY
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- On street apparatus
- 3Paragraph 3
- Apparatus in stopped up streets
- 4Paragraph 4
- Protective works to buildings
- 5Paragraph 5
- Acquisition of land
- 6Paragraph 6
- Removal of apparatus
- 7Paragraph 7
- Facilities and rights for alternative apparatus
- 8Paragraph 8
- Retained apparatus
- 9Paragraph 9
- Expenses and costs
- 10Paragraph 10
- 11Paragraph 11
- Cooperation
- 12Paragraph 12
- 13Paragraph 13
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 3: FOR THE PROTECTION OF HIGHWAYS AND TRAFFIC UNDERTAKERS
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 30Paragraph 30
- 31Paragraph 31
- Submission and approval of plans
- 32Paragraph 32
- Construction of protective works
- 33Paragraph 33
- Timing of works and service of notices
- 34Paragraph 34
- Maintenance of drainage works
- 35Paragraph 35
- Impairment of drainage works
- 36Paragraph 36
- Agency access
- 37Paragraph 37
- Free passage of fish
- 38Paragraph 38
- 39Paragraph 39
- Indemnity
- 40Paragraph 40
- Disputes
- 41Paragraph 41
- Roman Bank
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- Part 5: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- Part 6: FOR THE PROTECTION OF ANGLIAN WATER
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- Schedule 9: DEEMED MARINE LICENCE
- Part 1: INTRODUCTION
- Interpretation
- 1Paragraph 1
- 2Paragraph 2
- Part 2: LICENSED ACTIVITIES
- 3Paragraph 3
- 4Paragraph 4
- Part 3: CONDITIONS
- General conditions
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Vessels
- 8Paragraph 8
- 9Paragraph 9
- Agents/contractors/sub-contractors
- 10Paragraph 10
- 11Paragraph 11
- Construction environmental management plan
- 12Paragraph 12
- Piling
- 13Paragraph 13
- Navigation management plan
- 14Paragraph 14
- Marine archaeology
- 15Paragraph 15
- Marine pollution contingency plan
- 16Paragraph 16
- Marine mammal mitigation protocol
- 17Paragraph 17
- Landscape and ecological mitigation strategy
- 18Paragraph 18
- Concrete and cement
- 19Paragraph 19
- Coatings and treatment
- 20Paragraph 20
- Spills, etc.
- 21Paragraph 21
- Removal of temporary structures etc.
- 22Paragraph 22
- Dropped objects
- 23Paragraph 23
- Bathymetric surveys
- 24Paragraph 24
- Sediment sampling
- 25Paragraph 25
- Reporting of impact sound to the Marine Noise Registry
- 26Paragraph 26
- Decommissioning
- 27Paragraph 27
- Notice of completion of licensed activity
- 28Paragraph 28
- Part 4: PROCEDURE FOR THE DISCHARGE OF CONDITIONS
- Meaning of “return”
- 29Paragraph 29
- Further information regarding return
- 30Paragraph 30
- Determination of returns
- 31Paragraph 31
- Notice of determination
- 32Paragraph 32
- Part 5: CHANGES TO THE LICENCE
- 33Paragraph 33
- Schedule 10: DOCUMENTS AND PLANS TO BE CERTIFIED
- 1DOCUMENTS AND PLANS TO BE CERTIFIED
- 2ENVIRONMENTAL STATEMENT SUPPLEMENTS
- Schedule 11: ORNITHOLOGY COMPENSATION MEASURES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 12: HARBOUR SEAL COMPENSATION MEASURES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Explanatory note