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The Eggborough Gas Fired Generating Station Order 2018

S.I. 2018/1020 · Made 20 September 2018 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 7 December 2018.

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 S.I. 2009/2263 was revoked by S.I. 2017/572 but continues to apply to this application for development consent by virtue of transitional provisions contained in regulation 37(2) of that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

  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. Part 3: STREETS
  11. 8Street works
  12. 9Power to alter layout, etc., of streets
  13. 10Construction and maintenance of new or altered means of access
  14. 11Temporary stopping up of streets, public rights of way and public rights of navigation
  15. 12Access to works
  16. 13Agreements with street authorities
  17. Part 4: SUPPLEMENTAL POWERS
  18. 14Discharge of water
  19. 15Authority to survey and investigate the land
  20. 16Removal of human remains
  21. Part 5: POWERS OF ACQUISITION
  22. 17Compulsory acquisition of land
  23. 18Statutory authority to override easements and other rights
  24. 19Time limit for exercise of authority to acquire land compulsorily
  25. 20Compulsory acquisition of rights
  26. 21Private rights
  27. 22Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  28. 23Acquisition of subsoil only
  29. 24Application of Part 1 of the Compulsory Purchase Act 1965
  30. 25Rights under or over streets
  31. 26Temporary use of land for carrying out the authorised development
  32. 27Temporary use of land for maintaining the authorised development
  33. 28Statutory undertakers
  34. 29Apparatus and rights of statutory undertakers in stopped up streets
  35. 30Recovery of costs of new connections
  36. Part 6: OPERATIONS
  37. 31Felling or lopping of trees
  38. 32Protective works to buildings
  39. Part 7: MISCELLANEOUS AND GENERAL
  40. 33Protective provisions
  41. 34Deemed marine licence
  42. 35Application of landlord and tenant law
  43. 36Operational land for purposes of the 1990 Act
  44. 37Defence to proceedings in respect of statutory nuisance
  45. 38Certification of plans etc
  46. 39Service of notices
  47. 40Procedure in relation to certain approvals etc
  48. 41Arbitration
  49. 42Crown rights
  50. 43Guarantees in respect of payment of compensation
  51. Signature
  52. Schedule 1: AUTHORISED DEVELOPMENT
  53. Paragraph
  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. Schedule 2: REQUIREMENTS
  67. 1Interpretation
  68. 2Commencement of the authorised development
  69. 3Notice of commencement and completion of commissioning
  70. 4Notice of commencement of commercial use and requirement for cessation of existing coal-fired power station electricity generation
  71. 5Detailed design
  72. 6Landscaping and biodiversity protection management and enhancement
  73. 7Public rights of way diversions
  74. 8External lighting
  75. 9Highway accesses
  76. 10Means of enclosure
  77. 11Site security - above ground installation (Work No. 7)
  78. 12Fire prevention
  79. 13Surface and foul water drainage
  80. 14Flood risk mitigation
  81. 15Contaminated land and groundwater
  82. 16Archaeology
  83. 17Protected species
  84. 18Construction environmental management plan
  85. 19Protection of highway surfaces
  86. 20Construction traffic management plan
  87. 21Construction workers travel plan
  88. 22Construction hours
  89. 23Control of noise and vibration - construction
  90. 24Control of noise - operation
  91. 25Piling and penetrative foundation design
  92. 26Waste management on site - construction wastes
  93. 27Restoration of land used temporarily for construction
  94. 28Combined heat and power
  95. 29Aviation warning lighting
  96. 30Air safety
  97. 31Carbon capture readiness reserve space
  98. 32Carbon capture readiness monitoring report
  99. 33Local liaison committee
  100. 34Employment, skills and training plan
  101. 35Ambient air monitoring
  102. 36Decommissioning
  103. 37Requirement for written approval
  104. 38Approved details and amendments to them
  105. 39Amendments agreed by the relevant planning authority
  106. 40Ground subsidence
  107. Schedule 3STREETS SUBJECT TO STREET WORKS
  108. Schedule 4: STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT
  109. 1PERMANENT ALTERATION OF LAYOUT
  110. 2TEMPORARY ALTERATION OF LAYOUT
  111. Schedule 5: ACCESS
  112. 1THOSE PARTS OF THE ACCESS TO BE MAINTAINED AT THE PUBLIC EXPENSE
  113. 2THOSE PARTS OF THE ACCESS TO BE MAINTAINED BY THE STREET AUTHORITY
  114. 3THOSE WORKS TO RESTORE THE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY
  115. Schedule 6STREETS TO BE TEMPORARILY STOPPED UP
  116. Schedule 7: PUBLIC RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION TO BE STOPPED UP OR SUSPENDED
  117. 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
  118. 2PUBLIC RIGHTS OF NAVIGATION TO BE TEMPORARILY SUSPENDED
  119. Schedule 8: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  120. 1Interpretation
  121. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  122. 1Compensation enactments
  123. 2Paragraph 2
  124. 3Paragraph 3
  125. 4Application of the 1965 Act
  126. 5Paragraph 5
  127. 6Paragraph 6
  128. 7Paragraph 7
  129. 8Paragraph 8
  130. 9Paragraph 9
  131. 10Paragraph 10
  132. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  133. Schedule 11: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  134. 1Applications made under requirements
  135. 2Further information and consultation
  136. 3Fees
  137. 4Appeals
  138. 5Interpretation of Schedule 11
  139. Schedule 12: PROTECTIVE PROVISIONS
  140. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  141. 1Paragraph 1
  142. 2Paragraph 2
  143. 3Paragraph 3
  144. 4Paragraph 4
  145. 5Paragraph 5
  146. 6Paragraph 6
  147. 7Paragraph 7
  148. 8Paragraph 8
  149. 9Paragraph 9
  150. 10Paragraph 10
  151. 11Paragraph 11
  152. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  153. 12Paragraph 12
  154. 13Paragraph 13
  155. 14Paragraph 14
  156. 15Paragraph 15
  157. 16Paragraph 16
  158. Part 3: FOR THE PROTECTION OF CANAL AND RIVER TRUST
  159. 17Interpretation
  160. 18Powers requiring CRT's consent
  161. 19Fencing
  162. 20Survey of waterway
  163. 21Approval of plans, protective works etc.
  164. 22Design of works
  165. 23Notice of works
  166. 24Lighting
  167. 25Construction of specified works
  168. 26Prevention of pollution
  169. 27Access to work – provision of information
  170. 28Alterations to the waterway
  171. 29Maintenance of works
  172. 30Repayment of CRT's fees, etc.
  173. 31Costs of alterations, etc.
  174. 32Making good of detriment; compensation and indemnity, etc.
  175. 33Arbitration
  176. 34Capitalised sums
  177. Schedule 13: DEEMED MARINE LICENCE UNDER PART 4 (MARINE LICENSING) OF THE MARINE AND COASTAL ACCESS ACT 2009
  178. Part 1: INTRODUCTION
  179. 1Paragraph 1
  180. 2Addresses
  181. Part 2: LICENSED ACTIVITIES
  182. 3Paragraph 3
  183. Part 3: CONDITIONS
  184. Chapter: General
  185. 4Paragraph 4
  186. 5Paragraph 5
  187. 6Paragraph 6
  188. Chapter: Pre-Construction
  189. 7Paragraph 7
  190. 8Paragraph 8
  191. 9Paragraph 9
  192. 10Paragraph 10
  193. 11Paragraph 11
  194. Chapter: During Construction, Operation and Maintenance
  195. 12Paragraph 12
  196. 13Paragraph 13
  197. 14Paragraph 14
  198. 15Paragraph 15
  199. 16Paragraph 16
  200. 17Paragraph 17
  201. Chapter: Post Construction
  202. 18Paragraph 18
  203. 19Paragraph 19
  204. Schedule 14: DESIGN PARAMETERS
  205. Part 1: SINGLE SHAFT PARAMETERS
  206. 1Paragraph 1
  207. 2Paragraph 2
  208. 3Paragraph 3
  209. Part 2: MULTI-SHAFT PARAMETERS
  210. 4Paragraph 4
  211. 5Paragraph 5
  212. 6Paragraph 6
  213. Explanatory note