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The Hirwaun Generating Station Order 2015

S.I. 2015/1574 · Made 23 July 2015 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2017.

Infrastructure Planning

Made 23rd July 2015

Coming into force 14th August 2015

An application has been made to the Secretary of State 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 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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents has submitted a report and recommendation to the Secretary of State.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

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

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

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

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Operation of authorised development
  8. 6Benefit of the Order
  9. 7Consent to transfer benefit of the Order
  10. Part 3: STREETS
  11. 8Power to alter layout, etc., of streets
  12. 9Construction and maintenance of new or altered means of access
  13. 10Extinguishment of public rights of way
  14. 11Temporary prohibition or restriction of use of streets
  15. 12Access to works
  16. 13Agreements with street authorities
  17. Part 4: SUPPLEMENTAL POWERS
  18. 14Discharge of water
  19. 15Authority to survey and investigate the land
  20. Part 5: POWERS OF ACQUISITION
  21. 16Compulsory acquisition of land
  22. 17Compulsory acquisition of land – incorporation of the mineral code
  23. 18Statutory authority to override easements and other rights
  24. 19Time limit for exercise of authority to acquire land compulsorily
  25. 20Compulsory acquisition of rights etc.
  26. 21Private rights
  27. 22Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  28. 23Acquisition of subsoil only
  29. 24Acquisition of part of certain properties
  30. 25Rights under or over streets
  31. 26Temporary use of land for carrying out the authorised development
  32. 27Temporary use of land for maintaining the authorised development
  33. 28Statutory undertakers
  34. 29Recovery of costs of new connections
  35. 30Plots 1_ER-6_ER and plots 1_GR-11a_GR
  36. Part 6: OPERATIONS
  37. 31Felling or lopping of trees
  38. Part 7: MISCELLANEOUS AND GENERAL
  39. 32Application of landlord and tenant law
  40. 33Cases in which land is to be treated as not being operational land
  41. 34Defence to proceedings in respect of statutory nuisance
  42. 35Protective provisions
  43. 36Certification of plans etc.
  44. 37Service of notices
  45. 38Procedure in relation to certain approvals etc.
  46. 39Arbitration
  47. 40Guarantees in respect of payment of compensation
  48. Signature
  49. Schedule 1AUTHORISED DEVELOPMENT
  50. Schedule 2: REQUIREMENTS
  51. 1Interpretation
  52. 2Time limits
  53. 3Numbered Works
  54. 4Detailed Design
  55. 5Provision of landscaping
  56. 6Highway accesses
  57. 7Fencing and other means of enclosure
  58. 8Surface and foul water drainage
  59. 9Contaminated land and groundwater
  60. 10Ecological management plan
  61. 11Archaeology
  62. 12Construction environment management plan
  63. 13Construction traffic
  64. 14Construction hours
  65. 15Control of noise during operational phase
  66. 16Control of artificial light emissions
  67. 17Decommissioning strategy
  68. 18Amendments to approved details
  69. 19Date of final commissioning and cessation
  70. 20Provision of details to the Ministry of Defence
  71. 21Operational Limits
  72. Schedule 3STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
  73. Schedule 4: ACCESS
  74. 1THOSE PARTS OF ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE
  75. 2THOSE PARTS OF ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY
  76. Schedule 5: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  77. Compensation enactments
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. Application of the 1965 Act
  81. 3Paragraph 3
  82. 4Paragraph 4
  83. 5Paragraph 5
  84. 6Paragraph 6
  85. 7Paragraph 7
  86. 8Paragraph 8
  87. 9Paragraph 9
  88. Schedule 6LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  89. Schedule 7: PROTECTIVE PROVISIONS
  90. Part 1: FOR THE PROTECTION OF NATIONAL GRID
  91. 1Application
  92. 2Interpretation
  93. 3Interpretation
  94. 4Apparatus of National Grid in streets subject to temporary prohibition or restriction
  95. 5Acquisition of land
  96. 6Removal of apparatus
  97. 7Facilities and rights for alternative apparatus
  98. 8Retained apparatus: protection of National Grid as Gas Undertaker
  99. 9Retained apparatus: protection of National Grid as Electricity Undertaker
  100. 10Expenses
  101. 11Indemnity
  102. 12Enactments and agreements
  103. 13Co-operation
  104. 14Access
  105. 15Arbitration
  106. Part 2: FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION
  107. 16Paragraph 16
  108. 17Paragraph 17
  109. 18Paragraph 18
  110. 19Paragraph 19
  111. 20Paragraph 20
  112. 21Paragraph 21
  113. 22Paragraph 22
  114. 23Paragraph 23
  115. Part 3: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  116. 24Paragraph 24
  117. 25Paragraph 25
  118. 26Paragraph 26
  119. 27Paragraph 27
  120. 28Paragraph 28
  121. 29Paragraph 29
  122. 30Paragraph 30
  123. 31Paragraph 31
  124. 32Paragraph 32
  125. 33Paragraph 33
  126. 34Paragraph 34
  127. Part 4: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  128. 35Paragraph 35
  129. 36Paragraph 36
  130. 37Paragraph 37
  131. 38Paragraph 38
  132. 39Paragraph 39
  133. Part 5: FOR THE PROTECTION OF AFFECTED PERSONS
  134. 40Paragraph 40
  135. 41Paragraph 41
  136. 42Paragraph 42
  137. 43Paragraph 43
  138. 44Paragraph 44
  139. 45Paragraph 45
  140. Part 6: FOR THE PROTECTION OF TOWER REGENERATION LIMITED
  141. 46Paragraph 46
  142. 47Paragraph 47
  143. Part 7: FOR THE PROTECTION OF DWR CYMRU CYFYNGEDIG
  144. 48Paragraph 48
  145. 49Paragraph 49
  146. 50Paragraph 50
  147. 51Precedence of the WIA 1991
  148. 52Protection of DCC apparatus
  149. 53Suspension of works
  150. 54Suspension of works
  151. 55Emergency Works
  152. 56Insurance
  153. 57Damage to DCC apparatus
  154. Schedule 8: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  155. 1Applications made under requirements
  156. 2Further information
  157. 3Appeals
  158. Explanatory note