Paragraph 49 InterpretationI1
England, Wales and Scotland
In this Schedule—
“bank holiday” is a day that is a bank holiday in England and Wales by virtue of section 1 of the 1971 Act;
“biodiversity strategy” means the document certified as the biodiversity strategy by the Secretary of State for the purposes of this Order under article 23;
“CEMP” means the construction environmental management plan approved in accordance with requirement 18(1);
“commencement of the authorised development” means beginning to carry out any material operation, as defined in section 155 of the 2008 Act (which explains when development begins), other than permitted preliminary works, comprised in or carried out for the purposes of the authorised development; and “commence” and other cognate expressions, in relation to the authorised development, are to be construed accordingly;
“commercial use” of the authorised development means the export of electricity from the authorised development;
“commissioning of the authorised development” means the process of testing all systems and components of the authorised development (including systems and components which are not yet installed but the installation of which is near to completion), in order to verify that they function in accordance with the design objectives, specifications and operational requirements of the undertaker; and “commission” and other cognate expressions, in relation to the authorised development, are to be construed accordingly;
“construction site” means the Order land during the construction of the authorised development;
“environmental permit” means a permit granted under F1the 2016 Regulations authorising the operation of the authorised development;
“indicative landscaping plan” means the document certified as the indicative landscaping plan by the Secretary of State for the purposes of this Order under article 23;
“means of enclosure” means fencing, walls or other means of boundary treatment and enclosure;
“permitted preliminary works” means site clearance work, survey work, archaeological field work, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, the diversion and laying of services, the erection of any temporary means of enclosure, the preparation of facilities for the use of the contractor, the temporary display of site notices and advertisements and the provision of site security; and
“relevant highway authorities” means Wakefield Metropolitan District Council, North Yorkshire Council and the Highways Agency, each in its capacity as a highway authority.
A reference in this Schedule to an agreement, approval, consent, notice, report, scheme, submission or any other form of communication is a reference to that form of communication in writing.
A reference in this Schedule to details, a method statement, a plan, a programme, a scheme or any other document approved by the planning authority is a reference to that document including any amendments subsequently approved by the planning authority.
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 49(1) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 99(4) (with regs. 1(3), 77-79, Sch. 4)
Commencement
- I1
Sch. 2 para. 49 in force at 19.11.2015, see art. 1(2)