Article 5 Limits of deviationI1

England, Wales and Scotland

(1)

In carrying out the authorised development the undertaker may deviate laterally from the lines, situations or building outlines shown on the works plans and sheet 1 of the indicative layout—

(a)

in such a way as to reduce the size of the relevant part of the authorised development, to such extent as the undertaker considers necessary or expedient;

(b)

in such a way as to increase the size of the relevant part of the authorised development, to the maximum extent of the limits of deviation shown on the relevant document.

(2)

Paragraph (1) is subject to the following exceptions—

(a)

the centre point of the emissions stack comprised in Work No. 1A must be at grid reference 447250 425345;

(b)

the north-west corner of the cooling system comprised in Work No. 1A must be at grid reference 447226 425285;

(c)

the width and length of each building comprised in the authorised development and listed in Schedule 3 (maximum building dimensions) must not exceed the maximum width or length for that building specified in that Schedule; and

(d)

the width and length of each building comprised in the authorised development and listed in Schedule 4 (minimum building dimensions) must not be less than the minimum width or length for that building specified in that Schedule.

(3)

In carrying out the authorised development the undertaker may deviate vertically from the levels shown on sheet 2 of the indicative layout, in such a way as to reduce or increase the size of the relevant part of the authorised development, to such extent as the undertaker considers necessary or expedient.

(4)

Paragraph (3) is subject to the following exceptions—

(a)

the height of the emissions stack comprised in Work No. 1A must be 136 metres above ordnance datum (Newlyn);

(b)

the height of each building comprised in the authorised development and listed in Schedule 3 (maximum building dimensions) must not exceed the maximum height for that building specified in that Schedule;

(c)

the height of each building comprised in the authorised development and listed in Schedule 4 (minimum building dimensions) must not be less than the minimum F1height for that building specified in that Schedule; and

(d)

each part of the authorised development, apart from piling works, must be at least 1 metre above the relevant groundwater table level.

(5)

In this article—

the “indicative layout” means the document certified as the indicative generating station site layout, elevation and sections plan – concept layout by the Secretary of State for the purposes of this Order under article 23;
“the relevant groundwater table level” means, in relation to each part of the authorised development, the level of the groundwater table in the land on which it is proposed to construct that part, as established pursuant to requirement 6 (pre-development groundwater table level survey).

Annotations

Textual amendments

F1: Word in art. 5(4)(c) substituted (13.7.2016) by The Ferrybridge Multifuel 2 Power Station (Correction) Order 2016 (S.I. 2016/737), art. 1(2), Sch.

Commencement

I1: Art. 5 in force at 19.11.2015, see art. 1(2)