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The Drax Power (Generating Stations) Order 2019

S.I. 2019/1315 · Made 4 October 2019 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 19 August 2020.

Infrastructure Planning

Made 4th October 2019

Coming into force 25th October 2019

An application under section 37 of the Planning Act 2008 M1 (“the 2008 Act”) has been made to the Secretary of State for an order granting development consent.

The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 2 of Part 6 of the 2008 Act. The examination was carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 M2. The Examining Authority has submitted a report and recommendation to the Secretary of State under section 74 of the 2008 Act.

The Secretary of State has considered the report and recommendation of the Examining Authority, has considered the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 M3 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 on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

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

Annotations to the whole text

Marginal citations

M1

2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c.20). Part 7 was amended by S.I. 2017/16.

M2

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

M3

S.I. 2017/572, amended by S.I 2018/695, S.I 2018/834, S.I 2018/942.

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 the Order
  9. 7Consent to transfer benefit of the Order
  10. 8Application and modification of statutory provisions
  11. Part 3: STREETS
  12. 9Street works
  13. 10Power to alter layout, etc., of streets
  14. 11Construction and maintenance of new or altered means of access
  15. 12Temporary stopping up of streets and public rights of way
  16. 13Permanent stopping up of public rights of way
  17. 14Access to works
  18. 15Agreements with street authorities
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Authority to survey and investigate the land
  22. 18Removal of human remains
  23. Part 5: POWERS OF ACQUISITION
  24. 19Compulsory acquisition of land
  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 for carrying out 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. 33Compulsory acquisition of land – incorporation of the mineral code
  39. Part 6: OPERATIONS
  40. 34Felling or lopping of trees and removal of hedgerows
  41. 35Protective works to buildings
  42. Part 7: MISCELLANEOUS AND GENERAL
  43. 36Protective provisions
  44. 37Application of landlord and tenant law
  45. 38Operational land for purposes of the 1990 Act
  46. 39Defence to proceedings in respect of statutory nuisance
  47. 40Certification of plans etc.
  48. 41Service of notices
  49. 42Procedure in relation to certain approvals etc.
  50. 43Arbitration
  51. 44Guarantees in respect of payment of compensation
  52. Signature
  53. Schedule 1: AUTHORISED DEVELOPMENT
  54. Paragraph
  55. Paragraph
  56. Paragraph
  57. Paragraph
  58. Paragraph
  59. Paragraph
  60. Paragraph
  61. Paragraph
  62. Paragraph
  63. Paragraph
  64. Paragraph
  65. Paragraph
  66. Paragraph
  67. Paragraph
  68. Paragraph
  69. Paragraph
  70. Paragraph
  71. Schedule 2: REQUIREMENTS
  72. 1Interpretation
  73. 2Commencement of the authorised development
  74. 3Phasing of the authorised development
  75. 4Notice of start of commissioning and notice of date of full commissioning
  76. 5Requirement for written approval
  77. 6Approved details and amendments to them
  78. 7Detailed design approval
  79. 8Provision of landscape and biodiversity mitigation
  80. 9Public rights of way diversions
  81. 10External lighting during construction and operation
  82. 11Highway accesses and passing place during construction
  83. 12Means of enclosure
  84. 13Surface water drainage
  85. 14Flood risk mitigation
  86. 15Ground conditions
  87. 16Archaeology
  88. 17Construction environmental management plan
  89. 18Construction traffic management plan
  90. 19Construction worker travel plan
  91. 20Construction hours
  92. 21Control of noise: operation
  93. 22Carbon capture readiness reserve space
  94. 23Carbon capture readiness monitoring report
  95. 24Air safety
  96. 25Local liaison committee
  97. 26Decommissioning environmental management plan
  98. 27Decommissioning traffic management plan
  99. 28Combined heat and power
  100. Schedule 3STREETS SUBJECT TO STREET WORKS
  101. Schedule 4: STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT
  102. 1PERMANENT ALTERATION OF LAYOUT
  103. 2TEMPORARY ALTERATION OF LAYOUT
  104. Schedule 5: ACCESS
  105. 1THOSE PARTS OF THE ACCESS TO BE MAINTAINED AT THE PUBLIC EXPENSE
  106. 2THOSE PARTS OF THE ACCESS TO BE MAINTAINED BY THE STREET AUTHORITY
  107. 3THOSE WORKS TO RESTORE THE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY
  108. Schedule 6: STREETS AND PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
  109. 1STREETS TO BE TEMPORARILY STOPPED UP ETC.
  110. 2PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP ETC.
  111. Schedule 7PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP
  112. Schedule 8: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  113. 1Interpretation
  114. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  115. 1Compensation enactments
  116. 2Paragraph 2
  117. 3Paragraph 3
  118. 4Application of Part 1 of the 1965 Act
  119. 5Paragraph 5
  120. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  121. Schedule 11: PROCEDURE FOR DISCHARGE
  122. 1Interpretation
  123. 2Applications made under Requirements
  124. 3Further information and consultation
  125. 4Fees
  126. 5Appeals
  127. Schedule 12: PROTECTIVE PROVISIONS
  128. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  129. 1Paragraph 1
  130. 2Paragraph 2
  131. 3Paragraph 3
  132. 4Paragraph 4
  133. 5Paragraph 5
  134. 6Paragraph 6
  135. 7Paragraph 7
  136. 8Paragraph 8
  137. 9Paragraph 9
  138. 10Paragraph 10
  139. 11Paragraph 11
  140. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  141. 12Paragraph 12
  142. 13Paragraph 13
  143. 14Paragraph 14
  144. 15Paragraph 15
  145. 16Paragraph 16
  146. Part 3: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC
  147. 17Application
  148. 18Interpretation
  149. 19Paragraph 19
  150. 20Apparatus of National Grid in streets subject to temporary prohibition or restriction
  151. 21Protective works to buildings
  152. 22Acquisition of land
  153. 23Removal of apparatus
  154. 24Facilities and rights for alternative apparatus
  155. 25Retained apparatus: protection of National Grid as Electricity Undertaker
  156. 26Expenses
  157. 27Indemnity
  158. 28Enactments and agreements
  159. 29Co-operation
  160. 30Access
  161. 31Arbitration
  162. Part 4: FOR THE PROTECTION OF NATIONAL GRID GAS PLC
  163. 32Application
  164. 33Interpretation
  165. 34Paragraph 34
  166. 35Apparatus of National Grid in streets subject to temporary prohibition or restriction
  167. 36Protective works to buildings
  168. 37Acquisition of land
  169. 38Removal of apparatus
  170. 39Facilities and rights for alternative apparatus
  171. 40Retained apparatus: protection of National Grid as Gas Undertaker
  172. 41Expenses
  173. 42Indemnity
  174. 43Enactments and agreements
  175. 44Co-operation
  176. 45Access
  177. 46Arbitration
  178. Part 5: FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC AND NORTHERN POWERGRID LIMITED
  179. 47Paragraph 47
  180. 48Paragraph 48
  181. 49Paragraph 49
  182. 50Paragraph 50
  183. 51Paragraph 51
  184. 52Paragraph 52
  185. 53Paragraph 53
  186. 54Paragraph 54
  187. 55Paragraph 55
  188. 56Paragraph 56
  189. 57Paragraph 57
  190. 58Paragraph 58
  191. 59Paragraph 59
  192. 60Paragraph 60
  193. 61Paragraph 61
  194. 62Paragraph 62
  195. 63Paragraph 63
  196. Schedule 13: DESIGN PARAMETERS
  197. 1TEMPORARY CONSTRUCTION PARAMETERS
  198. 2UNIT X PARAMETERS
  199. 3UNIT Y PARAMETERS
  200. Schedule 14DOCUMENTS AND PLANS TO BE CERTIFIED
  201. Explanatory note