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The East Northamptonshire Resource Management Facility Order 2023

S.I. 2023/110 · Made 23 January 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Infrastructure Planning

Made 23rd January 2023

Coming into force 13th February 2023

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

The application was examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010f3.

The single appointed person, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act, made a report and recommendation to the Secretary of State.

The Secretary of State, having considered the report and recommendation of the single appointed person, has decided to make an order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals comprised in the application.

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

Annotations to the whole text

Footnotes

f1

2008 c. 29. The relevant provisions of the Planning Act 2008 were amended by Part 6 of Chapter 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20). Following the abolition of the Infrastructure Commission on 1st April 2012 the single person appointed under section 61(2) of the 2008 Act is treated as if appointed by the Secretary of State by virtue of a direction given by the Secretary of State under section 129 of the Localism Act 2011.

f2

S.I. 2009/2264, amended by S.I. 2010/602, S.I. 2012/635, S.I. 2012/2732, S.I. 2013/522, S.I. 2014/2381 and S.I. 2020/1534.

f3

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

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. 4Effect of this Order on the original order
  7. 5Limits of deviation
  8. 6Benefit of this Order
  9. 7Consent to transfer benefit of this Order
  10. 8Power to construct and maintain the authorised development
  11. 9Maintenance of drainage works
  12. Part 3: SUPPLEMENTAL POWERS
  13. 10Access to works
  14. 11Discharge of water
  15. 12Authority to survey and investigate the land
  16. 13Felling or lopping of trees and removal of hedgerows
  17. Part 4: MISCELLANEOUS AND GENERAL
  18. 14Application of landlord and tenant law
  19. 15Procedure for Approvals and Protective Provisions
  20. 16Planning permission
  21. 17Defence to proceedings in respect of statutory nuisance
  22. 18Certification of plans etc
  23. 19Service of Notices
  24. 20Arbitration
  25. Signature
  26. Schedule 1Authorised Development
  27. Schedule 2: Requirements
  28. 1Interpretation
  29. 2Time limits
  30. 3Detailed design
  31. 4Phasing, landscaping and restoration
  32. 5Noise
  33. 6Stockpiles and soil
  34. 7Disposal of waste
  35. 8Quantities of waste
  36. 9Archaeological mitigation strategy
  37. 10Vehicular access
  38. 11Control of vehicular movements
  39. 12Site security
  40. 13Wheel cleaning
  41. 14Hours of operation
  42. 15Gas flare structures
  43. 16Floodlighting
  44. 17Cessation of development
  45. 18Removal of plant and machinery
  46. 19Amendments to approved details
  47. Schedule 3: Procedure for approvals under requirements
  48. 1Paragraph 1
  49. 2Applications made under Requirements
  50. 3Decision Period
  51. 4Further Information
  52. 5Fees
  53. 6Appeal to the Secretary of State (procedure)
  54. 7Appeal to the Secretary of State (powers of the appointed person)
  55. 8Appeal to the Secretary of State (supplementary)
  56. Schedule 4Design parameters
  57. Schedule 5Removal of important hedgerows
  58. Schedule 6: Protective Provisions
  59. Part 1: For the protection of Anglian Water Services Limited
  60. 1Application
  61. 2Interpretation
  62. 3Acquisition of land
  63. 4Retained apparatus
  64. 5Expenses and costs
  65. 6Expenses and costs
  66. 7Cooperation
  67. 8Monitoring
  68. 9Expert Determination
  69. Part 2: For the protection of Western Power Distribution (East Midlands) Plc
  70. 10Application
  71. 11Interpretation
  72. 12Precedence of 1991 Act in respect of apparatus in streets
  73. 13No acquisition except by agreement
  74. 14Removal of apparatus
  75. 15Facilities and rights for alternative apparatus
  76. 16Retained apparatus
  77. 17Expenses and costs
  78. 18Expenses and costs
  79. 19Expert determination
  80. Part 3: For the protection of National Grid as Gas Undertaker
  81. 20Application
  82. 21Interpretation
  83. 22On Street Apparatus
  84. 23Acquisition of land
  85. 24Removal of apparatus
  86. 25Facilities and rights for alternative apparatus
  87. 26Retained apparatus: protection of gas undertaker
  88. 27Expenses
  89. 28Indemnity
  90. 29Enactments and agreements
  91. 30Co-operation
  92. 31Access
  93. 32Arbitration
  94. 33Notices
  95. Explanatory note