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The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024

S.I. 2024/70 · Made 16 January 2024

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Infrastructure Planning

Made 16th January 2024

Coming into force 7th February 2024

An application has been made to the Secretary of State for an order granting development consent under section 37 of the Planning Act 2008f1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2.

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 and carried out in accordance with chapter 4 of Part 6 of that Act and with the Infrastructure Planning (Examination Procedure) Rules 2010f3.

The Examining Authority, having considered the application together with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2)f4 of the 2008 Act made a report and recommendation to the Secretary of State.

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 2017f5 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 the terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

The Secretary of State, in exercise of the powers conferred by sections 114f6, 115f7, 120f8, 122 and 123 of the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c. 29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c. 20).

f2

S.I. 2009/2264.

f3

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

f4

Section 74 was amended by sections 128(2) and 237 and by Schedule 13, paragraph 29 and Schedule 25, paragraph 1, to the Localism Act 2011 (c. 20).

f5

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

f6

Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011(c. 20).

f7

Section 115 was amended by section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

f8

Section 120 was amended by section 140 and paragraph 60 of Part 1 of Schedule 13 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 etc. granted by this 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 altered streets
  15. 12Temporary closure of public rights of way
  16. 13Access to works
  17. 14Agreements with street authorities
  18. Part 4: SUPPLEMENTAL POWERS
  19. 15Discharge of water
  20. 16Authority to survey and investigate the land
  21. Part 5: POWERS OF ACQUISITION
  22. 17Power to override easements and other rights
  23. 18Time limit for exercise of authority to acquire rights compulsorily
  24. 19Compulsory acquisition of rights
  25. 20Private Rights
  26. 21Application of the 1981 Act
  27. 22Acquisition of subsoil only
  28. 23Modification of Part 1 of the Compulsory Purchase Act 1965
  29. 24Rights under or over streets
  30. 25Temporary use of land for constructing the authorised development
  31. 26Temporary use of land for maintaining the authorised development
  32. 27Statutory undertakers
  33. 28Apparatus and rights of statutory undertakers in affected streets
  34. 29Recovery of costs of new connections
  35. 30Compulsory acquisition of land – incorporation of the mineral code
  36. Part 6: OPERATIONS
  37. 31Felling or lopping of trees and removal of hedgerows
  38. 32Protective works to buildings
  39. Part 7: MISCELLANEOUS AND GENERAL
  40. 33Protective provisions
  41. 34Application of landlord and tenant law
  42. 35Operational land for purposes of the 1990 Act
  43. 36Defence to proceedings in respect of statutory nuisance
  44. 37Certification of plans and documents, etc.
  45. 38Service of notices
  46. 39Procedure in relation to certain approvals etc
  47. 40Arbitration
  48. 41Guarantees in respect of payment of compensation
  49. 42Electronic communications
  50. 43Crown rights
  51. Signature
  52. Schedule 1AUTHORISED DEVELOPMENT
  53. Schedule 2: REQUIREMENTS
  54. 1Commencement of the authorised development
  55. 2Phasing of the authorised development
  56. 3Notice of date of full commissioning
  57. 4Requirement for written approval
  58. 5Approved details and amendments to them
  59. 6Detailed design approval
  60. 7Provision of landscape and biodiversity mitigation and enhancement
  61. 8External lighting during operation
  62. 9Highway accesses during construction
  63. 10Surface water drainage
  64. 11Flood risk mitigation
  65. 12Ground conditions
  66. 13Archaeology
  67. 14Construction environmental management plan
  68. 15Construction traffic management plan
  69. 16Construction worker travel plan
  70. 17Control of noise during operation
  71. 18Decommissioning environmental management plan
  72. 19Decommissioning traffic management plan
  73. 20Local liaison committee
  74. 21Local employment plan
  75. Schedule 3: LEGISLATION TO BE DISAPPLIED
  76. 1Paragraph 1
  77. Schedule 4STREETS SUBJECT TO STREET WORKS
  78. Schedule 5: ALTERATION OF STREETS
  79. 1TEMPORARY ALTERATION OF LAYOUT
  80. 2PERMANENT ALTERATION OF LAYOUT
  81. Schedule 6PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
  82. Schedule 7: ACCESS TO WORKS
  83. 1TEMPORARY MEANS OF ACCESS TO WORKS
  84. 2PERMANENT MEANS OF ACCESS TO WORKS
  85. Schedule 8: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED OR IN WHICH RIGHTS MAY BE EXTINGUISHED
  86. Part 1: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  87. 1Interpretation
  88. 2LAND IN WHICH RIGHTS MAY BE EXTINGUISHED
  89. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
  90. 1Compensation enactments
  91. 2Compensation enactments
  92. 3Compensation enactments
  93. 4Application of Part 1 of the 1965 Act
  94. 5Application of Part 1 of the 1965 Act
  95. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  96. Schedule 11: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  97. 1Interpretation
  98. 2Applications made under requirement
  99. 3Further information and consultation
  100. 4Fees
  101. 5Appeals
  102. Schedule 12: PROTECTIVE PROVISIONS
  103. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. 6Paragraph 6
  110. 7Paragraph 7
  111. 8Paragraph 8
  112. 9Paragraph 9
  113. 10Paragraph 10
  114. 11Paragraph 11
  115. 12Paragraph 12
  116. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  117. 13Paragraph 13
  118. 14Paragraph 14
  119. 15Paragraph 15
  120. 16Paragraph 16
  121. 17Paragraph 17
  122. 18Paragraph 18
  123. Part 3: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
  124. 19Application
  125. 20Interpretation
  126. 21On Street Apparatus
  127. 22Apparatus of National Grid in affected streets
  128. 23Protective works to buildings
  129. 24Acquisition of land
  130. 25Removal of apparatus
  131. 26Facilities and rights for alternative apparatus
  132. 27Retained apparatus: protection
  133. 28Expenses
  134. 29Indemnity
  135. 30Enactments and agreements
  136. 31Co-operation
  137. 32Access
  138. 33Arbitration
  139. 34Notices
  140. Part 4: FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED
  141. 35Application etc.
  142. 36Interpretation
  143. 37General
  144. 38General
  145. 39General
  146. 40Works outside the Order limits
  147. 41Prior approvals and security
  148. 42Construction of the specified works
  149. 43Payments
  150. 44Provisional Certificate
  151. 45Opening
  152. 46Final condition survey
  153. 47Defects Period
  154. 48Final Certificate
  155. 49Security
  156. 50Commuted sums
  157. 51Insurance
  158. 52Indemnity
  159. 53Maintenance of the specified works
  160. 54Land
  161. 55Expert Determination
  162. Schedule 13DOCUMENTS AND PLANS TO BE CERTIFIED
  163. Schedule 14: DESIGN PARAMETERS
  164. 1DESIGN PARAMETERS ASSOCIATED WITH THE CARBON CAPTURE PLANT FOR UNIT 1
  165. 2DESIGN PARAMETERS ASSOCIATED WITH THE CARBON CAPTURE PLANT FOR UNIT 2
  166. 3DESIGN PARAMETERS ASSOCIATED WITH THE COMMON INFRASTRUCTURE REQUIRED FOR BOTH THE CARBON CAPTURE PLANT FOR UNIT 1 AND THE CARBON CAPTURE PLANT FOR UNIT 2
  167. Explanatory note