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The Millbrook Gas Fired Generating Station Order 2019

S.I. 2019/578 · Made 13 March 2019 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 9 April 2020.

Infrastructure Planning

Made 13th March 2019

Coming into force 3rd April 2019

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 has been examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 (the single appointed person procedure) of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 M2. The single appointed person has submitted a report and recommendation to the Secretary of State under section 83 (single appointed person to examine and report on application) of the 2008 Act M3.

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 2009 M4 and has 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.

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.

In accordance with section 127 (statutory undertakers' land) of the 2008 Act M5, the Secretary of State has applied the relevant tests and is satisfied that they have been met.

Accordingly, the Secretary of State, in exercise of the powers in sections 114 (grant or refusal of development consent order), 115 (development for which development consent may be granted), and 120 (what may be included in order granting development consent) of the 2008 Act, makes the following Order—

Annotations to the whole text

Marginal citations

M1

2008 c.29: The relevant provisions of the 2008 Act 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.

M2

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

M3

2008 c.29. Section 83 was amended by paragraphs 35(2) and 35(3) of schedule 13(1) and paragraph 1 of Part 20 of section 25(20) to the Localism Act 2011 (c.20).

M4

S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in Regulation 37(2) of that instrument.

M5

2008( c.29), Section 127 was amended by sections 23, (2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013 (c.27) and by paragraphs 64(1) and (2) of Schedule 13(1) and paragraph 1 of Schedule 25 to the Localism Act 2011 (c.20).

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 this Order
  9. 7Consent to transfer benefit of the Order
  10. Part 3: STREETS
  11. 8Power to alter layout etc. of streets
  12. 9Street works
  13. 10Construction and maintenance of new or altered means of access
  14. 11Temporary prohibition or restriction of use of streets
  15. 12Stopping up of Streets
  16. 13Access to works
  17. 14Agreements with street authorities
  18. 15Traffic Regulation
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Authority to survey and investigate the land
  22. Part 5: POWERS OF ACQUISITION
  23. 18Compulsory acquisition of land
  24. 19Statutory authority to override easements and other rights
  25. 20Time limit for exercise of authority to acquire land compulsorily
  26. 21Compulsory acquisition of rights etc.
  27. 22Private rights
  28. 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  29. 24Acquisition of subsoil only
  30. 25Modification of Part 1 of the Compulsory Purchase Act 1965
  31. 26Rights under or over streets
  32. 27Temporary use of land for carrying out the authorised development
  33. 28Temporary use of land for maintaining the authorised development
  34. 29Statutory undertakers
  35. 30Apparatus and rights of statutory undertakers in streets
  36. 31Recovery of costs of new connections
  37. Part 6: OPERATIONS
  38. 32Felling or lopping of trees and removal of hedgerows
  39. Part 7: MISCELLANEOUS AND GENERAL
  40. 33Application of landlord and tenant law
  41. 34Cases in which land is to be treated as not being operational land
  42. 35Defence to proceedings in respect of statutory nuisance
  43. 36Protective provisions
  44. 37Amendment and Modification of statutory provisions
  45. 38Certification of plans etc.
  46. 39Service of notices
  47. 40Procedure in relation to certain approvals
  48. 41Arbitration
  49. 42Funding
  50. 43Low Level Restoration Scheme
  51. Signature
  52. Schedule 1AUTHORISED DEVELOPMENT
  53. Paragraph
  54. Paragraph
  55. Paragraph
  56. Paragraph
  57. Paragraph
  58. Paragraph
  59. Paragraph
  60. Paragraph
  61. Paragraph
  62. Paragraph
  63. Paragraph
  64. Paragraph
  65. Paragraph
  66. Paragraph
  67. Paragraph
  68. Schedule 2: REQUIREMENTS
  69. 1Time limits
  70. 2Detailed design approval
  71. 3Provision of landscaping and ecological mitigation
  72. 4Implementation and maintenance of landscaping and ecological mitigation measures
  73. 5Highway accesses
  74. 6Fencing and other means of site perimeter enclosure
  75. 7Surface and foul water drainage
  76. 8Contamination and groundwater
  77. 9Archaeology
  78. 10Construction Environment Management Plan
  79. 11Construction traffic management plan
  80. 12Control of noise during operation
  81. 13Control of noise during construction
  82. 14Construction hours
  83. 15Lighting strategy
  84. 16Construction Travel Plan
  85. 17Operating hours
  86. 18Decommissioning strategy
  87. 19Amendments to approved details
  88. 20Low Level Restoration Scheme
  89. 21Air Safety
  90. Schedule 3: STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT
  91. 1PERMANENT ALTERATION OF LAYOUT
  92. 2TEMPORARY ALTERATION OF LAYOUT
  93. Schedule 4STREETS SUBJECT TO STREET WORKS
  94. Schedule 5: ACCESS
  95. 1THOSE PARTS OF THE ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE
  96. 2THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY
  97. 3THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY
  98. Schedule 6TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS
  99. Schedule 7STREETS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  100. Schedule 8: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS
  101. Part: Compensation enactments
  102. 1Paragraph 1
  103. 2Paragraph 2
  104. 3Paragraph 3
  105. Part: Application of Part 1 of the 1965 Act
  106. 4Paragraph 4
  107. 5Paragraph 5
  108. Schedule 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  109. Schedule 10: PROTECTIVE PROVISIONS
  110. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  111. 1Paragraph 1
  112. 2Paragraph 2
  113. 3Paragraph 3
  114. 4Paragraph 4
  115. 5Paragraph 5
  116. 6Paragraph 6
  117. 7Paragraph 7
  118. 8Paragraph 8
  119. 9Paragraph 9
  120. 10Paragraph 10
  121. 11Paragraph 11
  122. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  123. 12Paragraph 12
  124. 13Paragraph 13
  125. 14Paragraph 14
  126. 15Paragraph 15
  127. 16Paragraph 16
  128. Part 3: FOR THE PROTECTION OF NATIONAL GRID
  129. 17Application
  130. 18Interpretation
  131. 19Paragraph 19
  132. 20Apparatus of National Grid in streets subject to temporary prohibition or restriction
  133. 21Acquisition of land
  134. 22Removal of apparatus
  135. 23Facilities and rights for alternative apparatus
  136. 24Retained apparatus: protection of National Grid as Gas Undertaker
  137. 25Retained apparatus: protection of National Grid as Electricity Undertaker
  138. 26Expenses
  139. 27Indemnity
  140. 28Enactments and agreements
  141. 29Co-operation
  142. 30Access
  143. 31Arbitration
  144. Part 4: FOR THE PROTECTION OF EPN
  145. 32Paragraph 32
  146. 33Paragraph 33
  147. 34Paragraph 34
  148. 35Paragraph 35
  149. 36Paragraph 36
  150. 37Paragraph 37
  151. 38Paragraph 38
  152. 39Paragraph 39
  153. 40Paragraph 40
  154. 41Paragraph 41
  155. 42Paragraph 42
  156. Part 5: FOR THE PROTECTION OF ANGLIAN WATER
  157. 43Paragraph 43
  158. 44Paragraph 44
  159. 45Paragraph 45
  160. 46Paragraph 46
  161. 47Paragraph 47
  162. 48Paragraph 48
  163. 49Paragraph 49
  164. 50Paragraph 50
  165. 51Paragraph 51
  166. 52Paragraph 52
  167. 53Paragraph 53
  168. 54Paragraph 54
  169. 55Paragraph 55
  170. Part 6: FOR THE PROTECTION OF COVANTA ROOKERY SOUTH LIMITED
  171. 56Paragraph 56
  172. 57Paragraph 57
  173. 58Co-operation during construction
  174. 59Paragraph 59
  175. 60Paragraph 60
  176. 61Paragraph 61
  177. 62Paragraph 62
  178. 63Arbitration
  179. Part 7: FOR THE PROTECTION OF NETWORK RAIL
  180. 64Paragraph 64
  181. 65Paragraph 65
  182. 66Paragraph 66
  183. 67Paragraph 67
  184. 68Paragraph 68
  185. 69Paragraph 69
  186. 70Paragraph 70
  187. 71Paragraph 71
  188. 72Paragraph 72
  189. Schedule 11: MODIFICATIONS TO AND AMENDMENTS OF THE ROOKERY SOUTH (RESOURCE RECOVERY FACILITY) ORDER 2011
  190. 1Article 33 to the Rookery South (Resource Recovery Facility) Order 2011
  191. 2Paragraph 2
  192. 3Schedule 7 to the Rookery South (Resource Recovery Facility) Order 2011
  193. Schedule 12: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  194. 1Applications made under requirements
  195. 2Further information
  196. 3Appeals
  197. 4Paragraph 4
  198. Schedule 13: ARBITRATION RULES
  199. 1Primary Objective
  200. 2Paragraph 2
  201. 3Time Periods
  202. 4Paragraph 4
  203. 5Timetable
  204. 6Paragraph 6
  205. 7Paragraph 7
  206. 8Paragraph 8
  207. 9Procedure
  208. 10Paragraph 10
  209. 11Paragraph 11
  210. 12Paragraph 12
  211. 13Paragraph 13
  212. 14Paragraph 14
  213. 15Paragraph 15
  214. 16Paragraph 16
  215. 17Paragraph 17
  216. 18Paragraph 18
  217. 19Paragraph 19
  218. 20Arbitrator's Powers
  219. 21Paragraph 21
  220. 22Paragraph 22
  221. 23Paragraph 23
  222. 24Costs
  223. 25Paragraph 25
  224. 26Paragraph 26
  225. 27Paragraph 27
  226. 28Confidentiality
  227. 29Paragraph 29
  228. Schedule 14DOCUMENTS AND PLANS TO BE CERTIFIED
  229. Explanatory note