{
  "url": "https://openlegislation.uk/hinkley-point-harbour-empowerment-order-2012/article-17",
  "json_url": "https://openlegislation.uk/hinkley-point-harbour-empowerment-order-2012/article-17.json",
  "legislation": "uksi/2012/1914",
  "legislation_title": "The Hinkley Point Harbour Empowerment Order 2012",
  "legislation_url": "https://openlegislation.uk/hinkley-point-harbour-empowerment-order-2012",
  "path": "article/17",
  "kind": "article",
  "number": "17",
  "heading": "Application and termination of permitted development rights",
  "text": "(1) In their application to the development authorised by this Order, or to other development carried out on land which falls to be treated as operational land of the Company in respect of its harbour undertaking by virtue of article 16 of this Order, article 3 of, and Parts 11 and 17 of Schedule 2 to, the 1995 Order (which permit development authorised by a harbour empowerment order designating specifically both the nature of the development thereby authorised and the land on which it may be carried out and development on operational land by statutory undertakers or their lessees in respect of harbour undertakings) shall have effect as if the planning permission granted by that Order were limited to the development commenced by the carrying out of a material operation within ten years of the coming into force of this Order, or such extended period as the Marine Management Organisation may, on the application of the Company, allow.\n(2) Nothing in sub-paragraph (1) shall apply to the maintenance of the works or of the other development mentioned in that paragraph.\n(3) Article 3 of, and Class B of Part 17 of Schedule 2 to, the 1995 Order shall not permit the Company to construct or erect an educational building, car park, shop, restaurant, garage, petrol filling station or other building provided under transport legislation.\n(4) Article 3 of the 1995 Order shall not permit the Company to carry out the development described in Class D of Part 17 of Schedule 2 to the 1995 Order (use of land by statutory undertakers for the spreading of dredged material).\n(5) Notwithstanding paragraphs (1) and (2), on the closure date determined under article 39 (closure of the jetty and reinstatement) any planning permission granted by the 1995 Order still existing shall cease to have effect in respect of the development authorised by this order and the other development mentioned in paragraph (1), except in so far as required for the implementation of that article and the application of the conditions in Schedule 1 (planning and works conditions) relating to that article.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 17 in force at 16.8.2012, see art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/1914/article/17",
    "retrieved_at": "2026-10-29T01:24:38.041181+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}