The Drax Power (Generating Stations) Order 2019
S.I. 2019/1315 · Made 4 October 2019 · Extends to England and Wales
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
- 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 the Order
- 7Consent to transfer benefit of the Order
- 8Application and modification of statutory provisions
- Part 3: STREETS
- 9Street works
- 10Power to alter layout, etc., of streets
- 11Construction and maintenance of new or altered means of access
- 12Temporary stopping up of streets and public rights of way
- 13Permanent stopping up of public rights of way
- 14Access to works
- 15Agreements with street authorities
- Part 4: SUPPLEMENTAL POWERS
- 16Discharge of water
- 17Authority to survey and investigate the land
- 18Removal of human remains
- Part 5: POWERS OF ACQUISITION
- 19Compulsory acquisition of land
- 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 for carrying out 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
- 33Compulsory acquisition of land – incorporation of the mineral code
- Part 6: OPERATIONS
- 34Felling or lopping of trees and removal of hedgerows
- 35Protective works to buildings
- Part 7: MISCELLANEOUS AND GENERAL
- 36Protective provisions
- 37Application of landlord and tenant law
- 38Operational land for purposes of the 1990 Act
- 39Defence to proceedings in respect of statutory nuisance
- 40Certification of plans etc.
- 41Service of notices
- 42Procedure in relation to certain approvals etc.
- 43Arbitration
- 44Guarantees in respect of payment of compensation
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Schedule 2: REQUIREMENTS
- 1Interpretation
- 2Commencement of the authorised development
- 3Phasing of the authorised development
- 4Notice of start of commissioning and notice of date of full commissioning
- 5Requirement for written approval
- 6Approved details and amendments to them
- 7Detailed design approval
- 8Provision of landscape and biodiversity mitigation
- 9Public rights of way diversions
- 10External lighting during construction and operation
- 11Highway accesses and passing place during construction
- 12Means of enclosure
- 13Surface water drainage
- 14Flood risk mitigation
- 15Ground conditions
- 16Archaeology
- 17Construction environmental management plan
- 18Construction traffic management plan
- 19Construction worker travel plan
- 20Construction hours
- 21Control of noise: operation
- 22Carbon capture readiness reserve space
- 23Carbon capture readiness monitoring report
- 24Air safety
- 25Local liaison committee
- 26Decommissioning environmental management plan
- 27Decommissioning traffic management plan
- 28Combined heat and power
- Schedule 3STREETS SUBJECT TO STREET WORKS
- Schedule 4: STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT
- 1PERMANENT ALTERATION OF LAYOUT
- 2TEMPORARY ALTERATION OF LAYOUT
- Schedule 5: ACCESS
- 1THOSE PARTS OF THE ACCESS TO BE MAINTAINED AT THE PUBLIC EXPENSE
- 2THOSE PARTS OF THE ACCESS TO BE MAINTAINED BY THE STREET AUTHORITY
- 3THOSE WORKS TO RESTORE THE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY
- Schedule 6: STREETS AND PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
- 1STREETS TO BE TEMPORARILY STOPPED UP ETC.
- 2PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP ETC.
- Schedule 7PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP
- Schedule 8: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- 1Interpretation
- Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Compensation enactments
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Paragraph 5
- Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 11: PROCEDURE FOR DISCHARGE
- 1Interpretation
- 2Applications made under Requirements
- 3Further information and consultation
- 4Fees
- 5Appeals
- Schedule 12: 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 ELECTRICITY TRANSMISSION PLC
- 17Application
- 18Interpretation
- 19Paragraph 19
- 20Apparatus of National Grid in streets subject to temporary prohibition or restriction
- 21Protective works to buildings
- 22Acquisition of land
- 23Removal of apparatus
- 24Facilities and rights for alternative apparatus
- 25Retained apparatus: protection of National Grid as Electricity Undertaker
- 26Expenses
- 27Indemnity
- 28Enactments and agreements
- 29Co-operation
- 30Access
- 31Arbitration
- Part 4: FOR THE PROTECTION OF NATIONAL GRID GAS PLC
- 32Application
- 33Interpretation
- 34Paragraph 34
- 35Apparatus of National Grid in streets subject to temporary prohibition or restriction
- 36Protective works to buildings
- 37Acquisition of land
- 38Removal of apparatus
- 39Facilities and rights for alternative apparatus
- 40Retained apparatus: protection of National Grid as Gas Undertaker
- 41Expenses
- 42Indemnity
- 43Enactments and agreements
- 44Co-operation
- 45Access
- 46Arbitration
- Part 5: FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC AND NORTHERN POWERGRID LIMITED
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- Schedule 13: DESIGN PARAMETERS
- 1TEMPORARY CONSTRUCTION PARAMETERS
- 2UNIT X PARAMETERS
- 3UNIT Y PARAMETERS
- Schedule 14DOCUMENTS AND PLANS TO BE CERTIFIED
- Explanatory note