The Keuper Underground Gas Storage Facility Order 2017
S.I. 2017/433 · Made 15 March 2017 · Extends to England and Wales
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
- Part 1
- Chapter PRELIMINARY
- 1Citation and Commencement
- 2Interpretation
- Part 2
- Chapter PRINCIPAL POWERS
- 3Development consent for authorised development etc.
- 4Maintenance of authorised development
- 5Authorisation of Use
- 6Benefit of Order
- 7Consent to transfer benefit of Order
- 8Defence to proceedings in respect of statutory nuisance
- 9Guarantees in respect of payment of compensation
- Part 3
- Chapter STREETS
- 10Street works
- 11Power to alter layout, etc., of streets
- 12Maintenance of altered streets
- 13Temporary prohibition or restriction of use of streets
- 14Access to works
- 15Agreements with street authorities
- Part 4
- Chapter SUPPLEMENTAL POWERS
- 16Discharge of water
- 17Protective work to buildings
- 18Authority to survey and investigate the land
- 19Temporary closure of, and works in and over, the canal
- Part 5
- Chapter POWERS OF ACQUISITION
- 20Compulsory acquisition of land
- 21Time limit for exercise of authority to acquire land compulsorily
- 22Compulsory acquisition of rights
- 23Acquisition of subsoil only
- 24Acquisition of part of certain properties
- 25Statutory authority to override easements and other rights
- 26Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 27Temporary use of land for carrying out the authorised development
- 28Temporary use of land for maintaining the authorised development
- 29Statutory undertakers
- 30Private rights
- 31Rights under or over streets
- Part 6
- Chapter MISCELLANEOUS AND GENERAL
- 32Operational land for the purposes of the 1990 Act
- 33Felling or lopping of trees or shrubs
- 34Protective provisions
- 35Certification of plans etc.
- 36Application of the Hedgerows Regulations 1997
- 37Procedure in relation to certain approvals etc.
- 38Appeals relating to decisions under requirements
- 39Application of landlord and tenant law.
- 40Arbitration
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECT
- ASSOCIATED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- 1Time limits
- 2Authorised development to be carried out in accordance with certified plans and documents and with matters approved under requirements
- 3Construction Environmental Management Plan
- 4Approval of details
- 5Control of noise during solution mining and gas operation
- 6Landscaping
- 7Accesses to works
- 8Construction traffic
- 9Limits on heavy goods vehicle movements
- 10Internal roads
- 11Fencing and other means of enclosure
- 12Ground and surface water and pollution prevention
- 13Hedgerows
- 14Land Contamination
- 15Archaeology
- 16External lighting
- 17Restoration scheme
- 18Decommissioning
- 19Requirement for written approval
- 20Amendments to approved details
- 21European protected species
- 22Conveyance of gas, water and brine
- 23Environmental management system for normal operation
- 24Control of radio emissions
- Schedule 3STREETS SUBJECT TO STREET WORKS
- Schedule 4STREETS SUBJECT TO ALTERATION OF LAYOUT
- Schedule 5STREETS AND RIGHT OF WAY TO BE TEMPORARILY STOPPED UP
- Schedule 6ACCESS TO WORKS
- Schedule 7TEMPORARY CLOSURE AND WORKS IN THE CANAL
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAYBE TAKEN
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
- 1Application
- 2Interpretation
- 3Paragraph 3
- 4Apparatus of undertakers in stopped up streets
- 5Protective works to buildings
- 6Acquisition of land
- 7Removal of apparatus
- 8Facilities and rights for alternative apparatus
- 9Retained apparatus: protection of Gas Undertakers
- 10Retained apparatus: protection of Electricity Undertakers
- 11Expenses
- 12Indemnity
- 13Enactments and agreements
- 14Co-operation
- 15Access
- 16Arbitration
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Part 3: FOR THE PROTECTION OF THE CANAL & RIVER TRUST
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- Part 4: FOR THE PROTECTION OF SCOTTISH POWER ENERGY NETWORKS
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- Part 5: FOR THE PROTECTION OF HOLFORD GAS STORAGE LIMITED
- 56Application
- 57Interpretation
- 58Paragraph 58
- 59Apparatus of undertaker in stopped up streets
- 60Protective works to buildings
- 61Acquisition of land
- 62Retained apparatus
- 63Expenses
- 64Indemnity
- 65Co-operation
- 66Access
- 67Arbitration
- Explanatory note