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The Ferrybridge Multifuel 2 Power Station Order 2015

S.I. 2015/1832 · Made 28 October 2015 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 28 April 2025.

Infrastructure Planning

Made 28th October 2015

Coming into force 19th November 2015

An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1 (the “2008 Act”), and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2, for an Order under sections 114, 115, and 120 of the 2008 Act.

The application was examined by a single appointed person (appointed by the Secretary of State) 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person, having considered the application with the documents that accompanied it and the representations made and not withdrawn, has submitted a report with a recommendation to the Secretary of State.

The Secretary of State, having considered the report and recommendation of the single appointed person, has decided the application and determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make substantial changes to the proposals.

The Secretary of State, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, makes the following Order—C1

Annotations to the whole text

Modifications

C1

Order modified (20.9.2018) by The Ferrybridge Multifuel 2 Power Station (Amendment) Order 2018 (S.I. 2018/1016), arts. 1, 3(4)

Footnotes

f1

2008 c.29.

f2

S.I. 2009/2264.

f3

S.I. 2010/103.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Electronic communications
  5. Part 2: PRINCIPAL POWERS
  6. 4Development consent granted by this Order
  7. 5Limits of deviation
  8. 6Authorisation of the operation of the authorised development
  9. 7Power to maintain the authorised development
  10. 8Transfer of the benefit of this Order
  11. Part 3: SUPPLEMENTARY POWERS
  12. 9Street works
  13. 10Access to works
  14. 11Agreements with street authorities
  15. 12Discharge of water
  16. 13Authority to survey and investigate the land
  17. 14Felling or lopping of trees
  18. 15Rights under or over streets
  19. 16Statutory undertakers
  20. 17Recovery of costs of new connections
  21. Part 4: MISCELLANEOUS AND GENERAL
  22. 18Defence to proceedings in respect of statutory nuisance constituted by noise emitted from premises
  23. 19Procedures for approvals etc. required by the requirements
  24. 20Removal of human remains
  25. 21Application of landlord and tenant law
  26. 22Operational land for the purposes of the Town and Country Planning Act 1990
  27. 23Certification of documents
  28. 24Arbitration
  29. Signature
  30. Schedule 1AUTHORISED DEVELOPMENT
  31. Schedule 2: REQUIREMENTS
  32. 1Commencement of the authorised development
  33. 2Commercial use
  34. 3Fuel type
  35. 4Detailed design
  36. 5Design of fuel storage bunker
  37. 6Pre-development groundwater table level survey
  38. 7Provision of landscaping
  39. 8Implementation and maintenance of landscaping
  40. 9External lighting
  41. 10Highway accesses
  42. 11Fencing – A1(M)
  43. 12Fencing and other means of enclosure
  44. 13Surface and foul water drainage
  45. 14Flood risk mitigation
  46. 15Contaminated land and groundwater
  47. 16Archaeology
  48. 17Biodiversity enhancement and management plan
  49. 18Construction environmental management plan
  50. 19Construction traffic routing and management plan
  51. 20Construction hours
  52. 21Piling and penetrative foundation design
  53. 22Construction – A1(M)
  54. 23Control of noise during construction
  55. 24Control of operational noise
  56. 25Control of odour emissions
  57. 26Control of dust emissions
  58. 27Control of smoke emissions
  59. 28Control of steam emissions
  60. 29Control of insects and vermin
  61. 30Accumulations and deposits
  62. 31Restoration of land used temporarily for construction
  63. 32Operational traffic routing and management plan
  64. 33Travel plan – operational staff
  65. 34Operational deliveries
  66. 35Sustainable fuel transport management plan
  67. 36Enclosure of loads
  68. 37Air quality – emissions reduction
  69. 38Air quality monitoring
  70. 39Fire prevention
  71. 40Combined heat and power (“CHP”)
  72. 41Waste hierarchy scheme
  73. 42Waste management – construction and operational waste
  74. 43Decommissioning
  75. 44Aviation warning lighting
  76. 45Air safety
  77. 46Site security
  78. 47Local liaison committee
  79. 48Employment, skills and training plan
  80. 49Interpretation
  81. Schedule 3MAXIMUM BUILDING DIMENSIONS
  82. Schedule 4MINIMUM BUILDING DIMENSIONS
  83. Schedule 5STREETS SUBJECT TO STREET WORKS
  84. Schedule 6ACCESS TO WORKS
  85. Schedule 7: PROCEDURES FOR APPROVALS ETC. REQUIRED BY THE REQUIREMENTS
  86. 1Application of this Schedule
  87. 2Decision period
  88. 3Further information
  89. 4Fees
  90. 5Appeal to the Secretary of State (procedure)
  91. 6Appeal to the Secretary of State (powers of the appointed person)
  92. 7Appeal to the Secretary of State (supplementary)
  93. Explanatory note