The Hirwaun Generating Station Order 2015
S.I. 2015/1574 · Made 23 July 2015 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 23rd July 2015
Coming into force 14th August 2015
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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents has submitted a report and recommendation to the Secretary of State.
The Secretary of State, having considered the report and recommendation of the single appointed person, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications.
The Secretary of State, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, makes the following Order—
Annotations to the whole text
Footnotes
- f1
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S.I. 2009/2264 as amended by the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522). There are other amendments to the Regulations which are not relevant to this Order.
- f2
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2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c.20), and by sections 22 to 27 of the Growth and Infrastructure Act 2013 (c.27), see S.I. 2013/1124 for transitional provisions.
- f3
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S.I. 2010/103, as amended by S.I. 2012/635.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by the Order
- 4Maintenance of authorised development
- 5Operation of authorised development
- 6Benefit of the Order
- 7Consent to transfer benefit of the Order
- Part 3: STREETS
- 8Power to alter layout, etc., of streets
- 9Construction and maintenance of new or altered means of access
- 10Extinguishment of public rights of way
- 11Temporary prohibition or restriction of use of streets
- 12Access to works
- 13Agreements with street authorities
- Part 4: SUPPLEMENTAL POWERS
- 14Discharge of water
- 15Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 16Compulsory acquisition of land
- 17Compulsory acquisition of land – incorporation of the mineral code
- 18Statutory authority to override easements and other rights
- 19Time limit for exercise of authority to acquire land compulsorily
- 20Compulsory acquisition of rights etc.
- 21Private rights
- 22Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 23Acquisition of subsoil only
- 24Acquisition of part of certain properties
- 25Rights under or over streets
- 26Temporary use of land for carrying out the authorised development
- 27Temporary use of land for maintaining the authorised development
- 28Statutory undertakers
- 29Recovery of costs of new connections
- 30Plots 1_ER-6_ER and plots 1_GR-11a_GR
- Part 6: OPERATIONS
- 31Felling or lopping of trees
- Part 7: MISCELLANEOUS AND GENERAL
- 32Application of landlord and tenant law
- 33Cases in which land is to be treated as not being operational land
- 34Defence to proceedings in respect of statutory nuisance
- 35Protective provisions
- 36Certification of plans etc.
- 37Service of notices
- 38Procedure in relation to certain approvals etc.
- 39Arbitration
- 40Guarantees in respect of payment of compensation
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Numbered Works
- 4Detailed Design
- 5Provision of landscaping
- 6Highway accesses
- 7Fencing and other means of enclosure
- 8Surface and foul water drainage
- 9Contaminated land and groundwater
- 10Ecological management plan
- 11Archaeology
- 12Construction environment management plan
- 13Construction traffic
- 14Construction hours
- 15Control of noise during operational phase
- 16Control of artificial light emissions
- 17Decommissioning strategy
- 18Amendments to approved details
- 19Date of final commissioning and cessation
- 20Provision of details to the Ministry of Defence
- 21Operational Limits
- Schedule 3STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
- Schedule 4: ACCESS
- 1THOSE PARTS OF ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE
- 2THOSE PARTS OF ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY
- Schedule 5: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- Application of the 1965 Act
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 6LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 7: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF NATIONAL GRID
- 1Application
- 2Interpretation
- 3Interpretation
- 4Apparatus of National Grid in streets subject to temporary prohibition or restriction
- 5Acquisition of land
- 6Removal of apparatus
- 7Facilities and rights for alternative apparatus
- 8Retained apparatus: protection of National Grid as Gas Undertaker
- 9Retained apparatus: protection of National Grid as Electricity Undertaker
- 10Expenses
- 11Indemnity
- 12Enactments and agreements
- 13Co-operation
- 14Access
- 15Arbitration
- Part 2: FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Part 3: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Part 4: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- Part 5: FOR THE PROTECTION OF AFFECTED PERSONS
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- Part 6: FOR THE PROTECTION OF TOWER REGENERATION LIMITED
- 46Paragraph 46
- 47Paragraph 47
- Part 7: FOR THE PROTECTION OF DWR CYMRU CYFYNGEDIG
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Precedence of the WIA 1991
- 52Protection of DCC apparatus
- 53Suspension of works
- 54Suspension of works
- 55Emergency Works
- 56Insurance
- 57Damage to DCC apparatus
- Schedule 8: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Applications made under requirements
- 2Further information
- 3Appeals
- Explanatory note