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The Hinkley Point C (Nuclear Generating Station) Order 2013

S.I. 2013/648 · Made 18 March 2013 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 3 May 2023.

Infrastructure Planning

Made 18th March 2013

Coming into force 9th April 2013

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

The Examining authority was a Panel, the members of which were appointed at various times by the Chair of the Infrastructure Planning Commission, and, following the abolition of the Commission, by the Secretary of State, in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rulesf3.

The Examining authority, having considered the application together with the documents that accompanied it and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act, submitted a report to the Secretary of State setting out its findings, conclusions and recommendations in respect of the application.

The Secretary of State, having considered the report of the Examining authority, has decided to make an Order granting development consent so as to give effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals.

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

Annotations to the whole text

Footnotes

f1

S.I. 2009/2264, to which there are amendments not relevant to this Order.

f2

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

f3

S.I. 2010/103, amended by S.I. 2012/635.

Contents

  1. Part 1: General provisions
  2. Preliminary
  3. 1Citation and commencement
  4. 2Interpretation
  5. Principal powers
  6. 3Development consent for authorised development etc.
  7. 4Effect of the Order on the site preparation permission
  8. 5Maintenance of authorised project
  9. 6Authorisation of use
  10. 7Benefit of Order
  11. 8Consent to transfer benefit of Order
  12. 9Application of the 1991 Act
  13. 10Application of the 1990 Act
  14. 11Application of the 2010 Regulations
  15. 12Defence to proceedings in respect of statutory nuisance
  16. Streets
  17. 13Street works
  18. 14Stopping up of footpaths on HPC development site
  19. 15Permanent stopping up of streets
  20. 16Status of footpaths created or improved
  21. 17Temporary stopping up of streets
  22. 18Access to works
  23. 19Construction and maintenance of new, altered or diverted streets
  24. 20Agreements with street authorities
  25. Supplemental powers
  26. 21Discharge of water
  27. 22Protective work to buildings
  28. 23Authority to survey and investigate the land
  29. Powers of acquisition
  30. 24Compulsory acquisition of land
  31. 25Statutory authority to override easements and other rights
  32. 26Time limit for exercise of authority to acquire land compulsorily
  33. 27Compulsory acquisition of rights
  34. 28Private rights of way
  35. 29Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  36. 30Acquisition of subsoil only
  37. 31Acquisition of part of certain properties
  38. 32Rights under or over streets
  39. 33Temporary use of land for carrying out authorised project
  40. 34Temporary use of land for maintaining authorised project
  41. 35Apparatus and rights of statutory undertakers in land acquired or used
  42. 36Apparatus and rights of statutory undertakers in stopped-up streets
  43. 37Recovery of costs of new connections
  44. Miscellaneous and general
  45. 38Suspension of restriction on development of Bridgwater C Repealed
  46. 39Application of landlord and tenant law
  47. 40Operational land for purposes of the 1990 Act
  48. 41Felling or lopping of trees
  49. 42Trees subject to tree preservation orders
  50. 43Certification and construction of plans and documents
  51. 44Service of notices
  52. 45Arbitration
  53. 46Procedure in relation to certain approvals etc.
  54. 47For the protection of the Environment Agency (Part 1)
  55. 48Crown rights
  56. Part 2: Provisions relating to temporary jetty works
  57. Preliminary
  58. 49Interpretation of Part 2
  59. 50Commencement of Part 2
  60. 51Duration of temporary jetty powers
  61. 52Effect of Order on temporary jetty harbour empowerment order
  62. 53Incorporation of the Harbours, Docks and Piers Clauses Act 1847
  63. Principal powers
  64. 54Development consent etc. for temporary jetty works
  65. 55Power to deviate
  66. 56Further powers as to works and extinguishment of rights
  67. 57Period for completion of works and termination of works powers
  68. 58Limits of harbour
  69. 59Maintenance of temporary jetty works
  70. 60Subsidiary works
  71. 61Obstruction of work
  72. Supplemental powers
  73. 62Right to dredge
  74. 63Abatement of works abandoned or decayed
  75. 64Survey of tidal works
  76. 65Lights on tidal works etc. during construction
  77. 66Provision against danger to navigation
  78. 67Permanent lights on tidal works
  79. 68Rights to lease etc.
  80. Harbour Regulations
  81. 69Byelaws
  82. 70Confirmation of byelaws
  83. 71General directions to vessels
  84. 72Publication of general directions
  85. 73Special directions to vessels
  86. 74Master’s responsibility to be unaffected
  87. 75Failure to comply with directions
  88. 76Enforcement of special directions
  89. 77Charges
  90. Miscellaneous and general
  91. 78Use of temporary jetty
  92. 79Saving for Trinity House
  93. 80Application and termination of permitted development rights
  94. 81For the Protection of the Environment Agency (Part 2)
  95. 82Closure of jetty
  96. 83Saving for termination of Part 2
  97. Signature
  98. Schedule 1: Authorised project
  99. Part 1: Authorised development
  100. HPC Development SiteIn the District of West Somerset and the County of Somerset
  101. HPC Development Site: cooling water infrastructureIn the District of West Somerset and the County of Somerset and the territorial sea
  102. HPC Development Site: HPC Accommodation CampusIn the District of West Somerset and the County of Somerset
  103. Bridgwater AIn the District of Sedgemoor and the County of Somerset
  104. Bridgwater C...
  105. Cannington BypassIn the District of Sedgemoor and the County of Somerset
  106. Cannington Park and RideIn the District of Sedgemoor and the County of Somerset
  107. CombwichIn the District of Sedgemoor and the County of Somerset
  108. Junction 23In the District of Sedgemoor and the County of Somerset
  109. Junction 24In the District of Sedgemoor and the County of Somerset
  110. WillitonIn the District of West Somerset and the County of Somerset
  111. C182 Farringdon Hill Lane, horse crossingIn the District of West Somerset and the County of Somerset
  112. Claylands Corner junctionIn the Districts of West Somerset, Sedgemoor and the County of Somerset
  113. A39 New Road/B3339 Sandford Hill RoundaboutIn the District of Sedgemoor and the County of Somerset
  114. Washford Cross RoundaboutIn the District of West Somerset and the County of Somerset
  115. A38 Bristol Road/The Drove junctionIn the District of Sedgemoor and the County of Somerset
  116. Wylds Road/The Drove junctionIn the District of Sedgemoor and the County of Somerset
  117. A39 Broadway/A38 Taunton Road junctionIn the District of Sedgemoor and the County of Somerset
  118. M5 Junction 23 RoundaboutIn the District of Sedgemoor and the County of Somerset
  119. Cannington traffic calming measuresIn the District of Sedgemoor and the County of Somerset
  120. A38 Bristol Road/Wylds Road junctionIn the District of Sedgemoor and the County of Somerset
  121. Huntworth RoundaboutIn the District of Sedgemoor and the County of Somerset
  122. Part 2: Temporary jetty works
  123. In the District of West Somerset and the County of Somerset and the territorial sea
  124. Part 3: Approved plans
  125. HPC Permanent Development Site
  126. Nuclear Island (Unit 1)
  127. Nuclear Island (Unit 2)
  128. Conventional Island (Unit 1)
  129. Conventional Island (Unit 2)
  130. Operations
  131. Cooling Water Pumphouse and Associated Buildings (Unit 1)
  132. Cooling Water Pumphouse and Associated Buildings (Unit 2)
  133. Remaining Balance of Plant and Other Plant (Unit 1)
  134. Remaining Balance of Plant and Other Plant (Unit 2)
  135. Remaining Balance of Plant and Other Plant (Shared Between both Units)
  136. Fuel Waste and Storage
  137. Ancillary, Office and Storage
  138. Public and Training
  139. Other Site Structures
  140. Highways Plans
  141. Site Preparation Plans
  142. Bridgwater A
  143. Bridgwater C
  144. Cannington Bypass
  145. Cannington Park and Ride
  146. Combwich
  147. Junction 23
  148. Junction 24
  149. Williton
  150. Highway improvements
  151. Schedule 2: Requirements
  152. Interpretation
  153. 1Paragraph 1
  154. Project wide
  155. 2Paragraph 2
  156. HPC Development Site: site preparation works
  157. 3Paragraph 3
  158. HPC Development Site: Work Nos. 1A, 1B and 1C
  159. 4Paragraph 4
  160. HPC Development Site: temporary jetty
  161. 5Paragraph 5
  162. HPC Development Site: cooling water infrastructure
  163. 6Paragraph 6
  164. HPC Development Site: HPC Accommodation Campus
  165. 7Paragraph 7
  166. Bridgwater A Accommodation Campus
  167. 8Paragraph 8
  168. Bridgwater C Accommodation Campus
  169. 9Paragraph 9 Repealed
  170. Cannington Bypass
  171. 10Paragraph 10
  172. Cannington Park and Ride
  173. 11Paragraph 11
  174. Combwich Wharf and Freight Laydown facility
  175. 12Paragraph 12
  176. Junction 23
  177. 13Paragraph 13
  178. Junction 24
  179. 14Paragraph 14
  180. Williton
  181. 15Paragraph 15
  182. Schedule 3Deemed approval of matters referred to in requirements
  183. Schedule 4Streets subject to street works
  184. Schedule 5: Footpaths to be stopped up on HPC Development Site
  185. 1Footpaths to be permanently stopped up on HPC Development Site
  186. 2Footpaths to be temporarily stopped up on HPC Development Site
  187. Schedule 6: Streets to be permanently stopped up
  188. 1Streets for which a substitute is to be provided
  189. 2Streets for which no substitute is to be provided
  190. Schedule 7Status of footpaths created or improved
  191. Schedule 8Streets to be temporarily stopped up
  192. Schedule 9Access to works
  193. Schedule 10Land or interests in or rights over land not to be acquired compulsorily
  194. Schedule 11: Modification of compensation and compulsory purchase enactments for creation of new rights
  195. Compensation enactments
  196. 1Paragraph 1
  197. 2Paragraph 2
  198. Application of the 1965 Act
  199. 3Paragraph 3
  200. 4Paragraph 4
  201. 5Paragraph 5
  202. 6Paragraph 6
  203. 7Paragraph 7
  204. 8Paragraph 8
  205. 9Paragraph 9
  206. Schedule 12Land of which temporary possession may be taken
  207. Schedule 13Trees subject to Tree Preservation Orders
  208. Schedule 14: Procedure for discharge of requirements
  209. 1Applications made under requirement
  210. 2Further information
  211. 3Fees
  212. 4Appeals
  213. 5Interpretation of Schedule 14
  214. Schedule 15: For the protection of the Environment Agency
  215. 1Paragraph 1
  216. 2Surveys and maintenance of drainage works
  217. 3Impairment of efficiency of drainage work for flood defence purposes
  218. 4Indemnity as to costs and expenses
  219. 5Indemnity as to costs and expenses
  220. 6Disputes and differences
  221. Schedule 16Limits of harbour
  222. Explanatory note