The Eggborough Gas Fired Generating Station Order 2018
S.I. 2018/1020 · Made 20 September 2018 · Extends to England and Wales
Infrastructure Planning
Made 20th September 2018
Coming into force 12th October 2018
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 M1 (the “2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M2 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 the Infrastructure Planning (Examination Procedure) Rules 2010 M3. The single appointed person has submitted a report and recommendation to the Secretary of State under section 83 of the 2008 Act.
The Secretary of State, has considered the report and recommendation of the single appointed person, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 M4 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, 120 and 149A 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).
- M2
S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, 2014/469, 2014/2381, 2015/277, 2015/1682, 2017/524, 2017/572 and S.I. 2018/378.
- M3
S.I. 2010/103, amended by S.I. 2012/635.
- M4
S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I. 2009/2263 was revoked by S.I. 2017/572 but continues to apply to this application for development consent by virtue of transitional provisions contained in regulation 37(2) of that instrument.
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
- Part 3: STREETS
- 8Street works
- 9Power to alter layout, etc., of streets
- 10Construction and maintenance of new or altered means of access
- 11Temporary stopping up of streets, public rights of way and public rights of navigation
- 12Access to works
- 13Agreements with street authorities
- Part 4: SUPPLEMENTAL POWERS
- 14Discharge of water
- 15Authority to survey and investigate the land
- 16Removal of human remains
- Part 5: POWERS OF ACQUISITION
- 17Compulsory acquisition of land
- 18Statutory authority to override easements and other rights
- 19Time limit for exercise of authority to acquire land compulsorily
- 20Compulsory acquisition of rights
- 21Private rights
- 22Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 23Acquisition of subsoil only
- 24Application of Part 1 of the Compulsory Purchase Act 1965
- 25Rights under or over streets
- 26Temporary use of land for carrying out the authorised development
- 27Temporary use of land for maintaining the authorised development
- 28Statutory undertakers
- 29Apparatus and rights of statutory undertakers in stopped up streets
- 30Recovery of costs of new connections
- Part 6: OPERATIONS
- 31Felling or lopping of trees
- 32Protective works to buildings
- Part 7: MISCELLANEOUS AND GENERAL
- 33Protective provisions
- 34Deemed marine licence
- 35Application of landlord and tenant law
- 36Operational land for purposes of the 1990 Act
- 37Defence to proceedings in respect of statutory nuisance
- 38Certification of plans etc
- 39Service of notices
- 40Procedure in relation to certain approvals etc
- 41Arbitration
- 42Crown rights
- 43Guarantees in respect of payment of compensation
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Schedule 2: REQUIREMENTS
- 1Interpretation
- 2Commencement of the authorised development
- 3Notice of commencement and completion of commissioning
- 4Notice of commencement of commercial use and requirement for cessation of existing coal-fired power station electricity generation
- 5Detailed design
- 6Landscaping and biodiversity protection management and enhancement
- 7Public rights of way diversions
- 8External lighting
- 9Highway accesses
- 10Means of enclosure
- 11Site security - above ground installation (Work No. 7)
- 12Fire prevention
- 13Surface and foul water drainage
- 14Flood risk mitigation
- 15Contaminated land and groundwater
- 16Archaeology
- 17Protected species
- 18Construction environmental management plan
- 19Protection of highway surfaces
- 20Construction traffic management plan
- 21Construction workers travel plan
- 22Construction hours
- 23Control of noise and vibration - construction
- 24Control of noise - operation
- 25Piling and penetrative foundation design
- 26Waste management on site - construction wastes
- 27Restoration of land used temporarily for construction
- 28Combined heat and power
- 29Aviation warning lighting
- 30Air safety
- 31Carbon capture readiness reserve space
- 32Carbon capture readiness monitoring report
- 33Local liaison committee
- 34Employment, skills and training plan
- 35Ambient air monitoring
- 36Decommissioning
- 37Requirement for written approval
- 38Approved details and amendments to them
- 39Amendments agreed by the relevant planning authority
- 40Ground subsidence
- 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 6STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 7: PUBLIC RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION TO BE STOPPED UP OR SUSPENDED
- 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
- 2PUBLIC RIGHTS OF NAVIGATION TO BE TEMPORARILY SUSPENDED
- 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 the 1965 Act
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 11: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Applications made under requirements
- 2Further information and consultation
- 3Fees
- 4Appeals
- 5Interpretation of Schedule 11
- 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 CANAL AND RIVER TRUST
- 17Interpretation
- 18Powers requiring CRT's consent
- 19Fencing
- 20Survey of waterway
- 21Approval of plans, protective works etc.
- 22Design of works
- 23Notice of works
- 24Lighting
- 25Construction of specified works
- 26Prevention of pollution
- 27Access to work – provision of information
- 28Alterations to the waterway
- 29Maintenance of works
- 30Repayment of CRT's fees, etc.
- 31Costs of alterations, etc.
- 32Making good of detriment; compensation and indemnity, etc.
- 33Arbitration
- 34Capitalised sums
- Schedule 13: DEEMED MARINE LICENCE UNDER PART 4 (MARINE LICENSING) OF THE MARINE AND COASTAL ACCESS ACT 2009
- Part 1: INTRODUCTION
- 1Paragraph 1
- 2Addresses
- Part 2: LICENSED ACTIVITIES
- 3Paragraph 3
- Part 3: CONDITIONS
- Chapter: General
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Chapter: Pre-Construction
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Chapter: During Construction, Operation and Maintenance
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Chapter: Post Construction
- 18Paragraph 18
- 19Paragraph 19
- Schedule 14: DESIGN PARAMETERS
- Part 1: SINGLE SHAFT PARAMETERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part 2: MULTI-SHAFT PARAMETERS
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Explanatory note