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The Keuper Underground Gas Storage Facility Order 2017

S.I. 2017/433 · Made 15 March 2017 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 16 May 2024.

Infrastructure Planning

Made 15th March 2017

Coming into force 5th April 2017

An application under section 37 of the Planning Act 2008f1 has been made to the Secretary of State for an order granting development consent.

The application was examined by the Examining Authority which has made a report to the Secretary of State under section 83(1)(b) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f2 and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

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

Annotations to the whole text

Footnotes

f1

2008 c.29; the relevant provisions of the Planning Act 2008 are amended by Chapter 6 of Part 6 of, and schedule 13 to, the Localism Act 2011 (c. 20) and by sections 22-27 of the Growth and Infrastructure Act 2013 (c. 27). Transitional provisions are contained in S.I. 2013/1124.

f2

S.I. 2009/2263, amended by S.I. 2012/635 and 2012/787.

Contents

  1. Part 1
  2. Chapter PRELIMINARY
  3. 1Citation and Commencement
  4. 2Interpretation
  5. Part 2
  6. Chapter PRINCIPAL POWERS
  7. 3Development consent for authorised development etc.
  8. 4Maintenance of authorised development
  9. 5Authorisation of Use
  10. 6Benefit of Order
  11. 7Consent to transfer benefit of Order
  12. 8Defence to proceedings in respect of statutory nuisance
  13. 9Guarantees in respect of payment of compensation
  14. Part 3
  15. Chapter STREETS
  16. 10Street works
  17. 11Power to alter layout, etc., of streets
  18. 12Maintenance of altered streets
  19. 13Temporary prohibition or restriction of use of streets
  20. 14Access to works
  21. 15Agreements with street authorities
  22. Part 4
  23. Chapter SUPPLEMENTAL POWERS
  24. 16Discharge of water
  25. 17Protective work to buildings
  26. 18Authority to survey and investigate the land
  27. 19Temporary closure of, and works in and over, the canal
  28. Part 5
  29. Chapter POWERS OF ACQUISITION
  30. 20Compulsory acquisition of land
  31. 21Time limit for exercise of authority to acquire land compulsorily
  32. 22Compulsory acquisition of rights
  33. 23Acquisition of subsoil only
  34. 24Acquisition of part of certain properties
  35. 25Statutory authority to override easements and other rights
  36. 26Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  37. 27Temporary use of land for carrying out the authorised development
  38. 28Temporary use of land for maintaining the authorised development
  39. 29Statutory undertakers
  40. 30Private rights
  41. 31Rights under or over streets
  42. Part 6
  43. Chapter MISCELLANEOUS AND GENERAL
  44. 32Operational land for the purposes of the 1990 Act
  45. 33Felling or lopping of trees or shrubs
  46. 34Protective provisions
  47. 35Certification of plans etc.
  48. 36Application of the Hedgerows Regulations 1997
  49. 37Procedure in relation to certain approvals etc.
  50. 38Appeals relating to decisions under requirements
  51. 39Application of landlord and tenant law.
  52. 40Arbitration
  53. Signature
  54. Schedule 1: AUTHORISED DEVELOPMENT
  55. NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECT
  56. ASSOCIATED DEVELOPMENT
  57. Schedule 2: REQUIREMENTS
  58. 1Time limits
  59. 2Authorised development to be carried out in accordance with certified plans and documents and with matters approved under requirements
  60. 3Construction Environmental Management Plan
  61. 4Approval of details
  62. 5Control of noise during solution mining and gas operation
  63. 6Landscaping
  64. 7Accesses to works
  65. 8Construction traffic
  66. 9Limits on heavy goods vehicle movements
  67. 10Internal roads
  68. 11Fencing and other means of enclosure
  69. 12Ground and surface water and pollution prevention
  70. 13Hedgerows
  71. 14Land Contamination
  72. 15Archaeology
  73. 16External lighting
  74. 17Restoration scheme
  75. 18Decommissioning
  76. 19Requirement for written approval
  77. 20Amendments to approved details
  78. 21European protected species
  79. 22Conveyance of gas, water and brine
  80. 23Environmental management system for normal operation
  81. 24Control of radio emissions
  82. Schedule 3STREETS SUBJECT TO STREET WORKS
  83. Schedule 4STREETS SUBJECT TO ALTERATION OF LAYOUT
  84. Schedule 5STREETS AND RIGHT OF WAY TO BE TEMPORARILY STOPPED UP
  85. Schedule 6ACCESS TO WORKS
  86. Schedule 7TEMPORARY CLOSURE AND WORKS IN THE CANAL
  87. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAYBE TAKEN
  88. Schedule 9: PROTECTIVE PROVISIONS
  89. Part 1: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
  90. 1Application
  91. 2Interpretation
  92. 3Paragraph 3
  93. 4Apparatus of undertakers in stopped up streets
  94. 5Protective works to buildings
  95. 6Acquisition of land
  96. 7Removal of apparatus
  97. 8Facilities and rights for alternative apparatus
  98. 9Retained apparatus: protection of Gas Undertakers
  99. 10Retained apparatus: protection of Electricity Undertakers
  100. 11Expenses
  101. 12Indemnity
  102. 13Enactments and agreements
  103. 14Co-operation
  104. 15Access
  105. 16Arbitration
  106. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  107. 17Paragraph 17
  108. 18Paragraph 18
  109. 19Paragraph 19
  110. 20Paragraph 20
  111. 21Paragraph 21
  112. 22Paragraph 22
  113. Part 3: FOR THE PROTECTION OF THE CANAL & RIVER TRUST
  114. 23Paragraph 23
  115. 24Paragraph 24
  116. 25Paragraph 25
  117. 26Paragraph 26
  118. 27Paragraph 27
  119. 28Paragraph 28
  120. 29Paragraph 29
  121. 30Paragraph 30
  122. 31Paragraph 31
  123. 32Paragraph 32
  124. 33Paragraph 33
  125. 34Paragraph 34
  126. 35Paragraph 35
  127. 36Paragraph 36
  128. 37Paragraph 37
  129. 38Paragraph 38
  130. 39Paragraph 39
  131. 40Paragraph 40
  132. 41Paragraph 41
  133. 42Paragraph 42
  134. 43Paragraph 43
  135. 44Paragraph 44
  136. 45Paragraph 45
  137. Part 4: FOR THE PROTECTION OF SCOTTISH POWER ENERGY NETWORKS
  138. 46Paragraph 46
  139. 47Paragraph 47
  140. 48Paragraph 48
  141. 49Paragraph 49
  142. 50Paragraph 50
  143. 51Paragraph 51
  144. 52Paragraph 52
  145. 53Paragraph 53
  146. 54Paragraph 54
  147. 55Paragraph 55
  148. Part 5: FOR THE PROTECTION OF HOLFORD GAS STORAGE LIMITED
  149. 56Application
  150. 57Interpretation
  151. 58Paragraph 58
  152. 59Apparatus of undertaker in stopped up streets
  153. 60Protective works to buildings
  154. 61Acquisition of land
  155. 62Retained apparatus
  156. 63Expenses
  157. 64Indemnity
  158. 65Co-operation
  159. 66Access
  160. 67Arbitration
  161. Explanatory note