The Immingham Open Cycle Gas Turbine Order 2020
S.I. 2020/847 · Made 7 August 2020 · Extends to England and Wales
Infrastructure Planning
Made 7th August 2020
Coming into force 1st September 2020
An application under section 37 (applications for Orders granting development consent) of the Planning Act 2008 M1 (the “2008 Act”) has been made to the Secretary of State for an Order granting development consent.
The application was examined by a single appointed person (appointed by the Secretary of State) in accordance with Chapters 3 and 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 M2. The single appointed person having considered the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83 M3 of the 2008 Act, submitted a report and recommendation to the Secretary of State.
The Secretary of State having considered the representations made and not withdrawn, the report and recommendation of the single appointed person and having taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 M4 and having had regard to the documents and matters referred to in section 104(2) (decisions in cases where national policy statement has effect) of the 2008 Act has determined to make an Order granting development consent for the development comprised in the application on terms that, in the opinion of the Secretary of State, are not materially different from those comprised in the application.
Accordingly, 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
Marginal citations
- M1
2008 c.29. Section 37 was amended by section 137(5) of, and Schedule 13 to, the Localism Act 2011 (c.20).
- M2
S.I. 2010/103, amended by S.I.2012/635.
- M3
Section 83 was amended by the Localism Act 2011 (c.20) section 128(2) and 237, Schedule 13 paragraphs 1, 35 (1) to (4) and Schedule 25, Part 20.
- M4
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by this Order
- 4Maintenance of authorised development
- 5Operation of authorised development
- 6Benefit of this Order
- 7Consent to transfer benefit of this Order
- Part 3: STREETS
- 8Power to alter layout etc. of streets
- 9Street works
- 10Construction and maintenance of new or altered means of access
- 11Temporary prohibition or restriction of use of streets
- 12Access to works
- 13Agreements with street authorities
- 14Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 15Discharge of water
- 16Authority to survey and investigate the land
- 17Removal of human remains
- Part 5: POWERS OF ACQUISITION
- 18Compulsory acquisition of land
- 19Power to override easements and other rights
- 20Time limit for exercise of authority to acquire land compulsorily
- 21Compulsory acquisition of rights etc.
- 22Private rights
- 23Application of the 1981 Act
- 24Acquisition of subsoil only
- 25Modification of Part 1 of the 1965 Act
- 26Rights under or over streets
- 27Temporary use of land for carrying out the authorised development
- 28Temporary use of land for maintaining the authorised development
- 29Statutory undertakers
- 30Apparatus and rights of statutory undertakers in streets
- 31Recovery of costs of new connections
- Part 6: OPERATION
- 32Felling or lopping of trees
- 33Protective works to buildings
- Part 7: MISCELLANEOUS AND GENERAL
- 34Application of landlord and tenant law
- 35Operational land for purposes of the 1990 Act
- 36Defence to proceedings in respect of statutory nuisance
- 37Protective provisions
- 38Procedure in relation to certain approvals
- 39Certification of plans etc.
- 40Service of notices
- 41Amendment and modification of statutory provisions
- 42Arbitration
- 43Funding
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Schedule 2: REQUIREMENTS
- 1Interpretation
- 2Commencement of the authorised development
- 3Notice of commencement
- 4Notice of date of final commissioning
- 5Detailed design
- 6Biodiversity enhancement and management plan
- 7External lighting
- 8Highway accesses
- 9Means of enclosure
- 10Surface water drainage
- 11Flood risk mitigation
- 12Contaminated land and groundwater
- 13Archaeology
- 14Construction environmental management plan
- 15Protection of highway surfaces
- 16Construction traffic management plan
- 17Construction workers travel plan
- 18Construction hours
- 19Control of noise - operation
- 20Piling and penetrative foundation design
- 21Waste management on site - construction wastes
- 22Restoration of land used temporarily for construction
- 23Employment, skills and training plan
- 24Decommissioning
- 25Foul water drainage
- 26Requirement for written approval
- 27Approved details and amendments to them
- 28Amendments agreed by the relevant planning authority
- Schedule 3STREETS SUBJECT TO STREET WORKS
- Schedule 4: ACCESS
- 1THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE HIGHWAY AUTHORITY
- 2THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY
- Schedule 5TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS
- Schedule 6LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
- Part: Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part: Application of Part 1 of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3Precedence of the 1991 Act in respect of apparatus in the streets
- 4Paragraph 4
- 5No acquisition etc. except by agreement
- 6Removal of apparatus
- 7Facilities and rights for alternative apparatus
- 8Retained Apparatus
- 9Expenses and costs
- 10Paragraph 10
- 11Enactments and agreements
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Part 3: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
- 17Application
- 18Interpretation
- 19On Street Apparatus
- 20Apparatus of undertakers in streets subject to temporary prohibition or restriction
- 21Protective works to buildings
- 22Acquisition of land
- 23Removal of apparatus
- 24Facilities and rights for alternative apparatus
- 25Retained apparatus: protection of gas undertaker
- 26Paragraph 26
- 27Expenses
- 28Indemnity
- 29Enactments and agreements
- 30Co-operation
- 31Access
- 32Arbitration
- 33Notices
- Part 4: FOR THE PROTECTION OF PHILLIPS 66 LIMITED
- 34Benefit of protective provisions
- 35Interpretation
- 36Authorisation of works details affecting pipelines or protected crossings
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Notice of works
- 41Further provisions about relevant works
- 42Monitoring for damage to pipelines
- 43Paragraph 43
- 44Compliance with requirements, etc. applying to the protected land
- 45Restriction on exercising powers
- 46Insurance
- 47Paragraph 47
- 48Costs
- 49Further protection in relation to the exercise of powers under the Order
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Exercise of the specified rights
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Diversion Provisions
- 94Paragraph 94
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 102Expert determination
- 103Service of Notices
- Part 5: FOR THE PROTECTION OF ANGLIAN WATER
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- 113Paragraph 113
- Part 6: FOR THE PROTECTION OF CLH PIPELINE SYSTEM (CLH-PS) LTD
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- 117Paragraph 117
- 118Paragraph 118
- Part 7: FOR THE PROTECTION OF CENTRICA STORAGE LIMITED
- 119Paragraph 119
- 120Paragraph 120
- 121Paragraph 121
- 122Paragraph 122
- 123Paragraph 123
- 124Paragraph 124
- 125Paragraph 125
- Part 8: FOR THE PROTECTION OF ABLE HUMBER PORTS LIMITED
- 126Paragraph 126
- 127Paragraph 127
- 128Co-operation during construction
- 129Paragraph 129
- 130Paragraph 130
- 131Paragraph 131
- 132Paragraph 132
- 133Paragraph 133
- 134Arbitration
- Part 9: FOR THE PROTECTION OF TOTAL LINDSEY OIL REFINERY LIMITED
- 135Paragraph 135
- 136Paragraph 136
- 137Paragraph 137
- 138Paragraph 138
- 139Paragraph 139
- Part 10: FOR THE PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
- 140Paragraph 140
- 141Paragraph 141
- 142Paragraph 142
- 143Paragraph 143
- 144Paragraph 144
- Part 11: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
- 145Application
- 146Interpretation
- 147On Street Apparatus
- 148Apparatus of Cadent in stopped up streets
- 149Acquisition of land
- 150Removal of apparatus
- 151Facilities and rights for alternative apparatus
- 152Retained apparatus: protection of Cadent
- 153Expenses
- 154Indemnity
- 155Enactments and agreements
- 156Co-operation
- 157Access
- 158Arbitration
- 159Notices
- Part 12: FOR THE PROTECTION OF HIGHWAYS ENGLAND COMPANY LIMITED
- 160Application
- 161Interpretation
- 162Prior approvals
- 163Construction of the HE works
- 164Payments
- 165Indemnity
- 166Arbitration
- 167Notices
- Part 13: FOR THE PROTECTION OF NORTHERN POWERGRID (YORKSHIRE) PLC
- 168Paragraph 168
- 169Paragraph 169
- 170Paragraph 170
- 171Paragraph 171
- 172Paragraph 172
- 173Paragraph 173
- 174Paragraph 174
- 175Paragraph 175
- 176Paragraph 176
- 177Paragraph 177
- 178Paragraph 178
- 179Paragraph 179
- 180Paragraph 180
- 181Paragraph 181
- 182Paragraph 182
- 183Paragraph 183
- 184Paragraph 184
- 185Paragraph 185
- Part 14: FOR THE PROTECTION OF HORNSEA 1 LIMITED
- 186Paragraph 186
- 187Paragraph 187
- 188Acquisition of land
- 189Protection of Hornsea 1 from works
- 190Costs
- 191Access
- 192Expert determination
- Part 15: FOR THE PROTECTION OF HORNSEA 2 COMPANIES
- 193Application
- 194Interpretation
- 195Acquisition of land
- 196Protection of Hornsea 2 from works
- 197Costs
- 198Access
- 199Expert determination
- Schedule 10: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Paragraph 1
- 2Applications made under requirement
- 3Further information and consultation
- 4Fees
- 5Appeals
- Schedule 11DOCUMENTS AND PLANS TO BE CERTIFIED
- Schedule 12DESIGN PARAMETERS
- Schedule 13: MODIFICATIONS TO THE ABLE MARINE ENERGY PARK DEVELOPMENT CONSENT ORDER 2014
- 1Schedule 9 to the Able Marine Energy Park Development Consent Order 2014
- Explanatory note