The Millbrook Gas Fired Generating Station Order 2019
S.I. 2019/578 · Made 13 March 2019 · Extends to England, Wales and Scotland
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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by the Order
- 4Maintenance of authorised development
- 5Operation of authorised development
- 6Benefit of this Order
- 7Consent to transfer benefit of the 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
- 12Stopping up of Streets
- 13Access to works
- 14Agreements with street authorities
- 15Traffic Regulation
- Part 4: SUPPLEMENTAL POWERS
- 16Discharge of water
- 17Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 18Compulsory acquisition of land
- 19Statutory authority 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 Compulsory Purchase (Vesting Declarations) Act 1981
- 24Acquisition of subsoil only
- 25Modification of Part 1 of the Compulsory Purchase Act 1965
- 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: OPERATIONS
- 32Felling or lopping of trees and removal of hedgerows
- Part 7: MISCELLANEOUS AND GENERAL
- 33Application of landlord and tenant law
- 34Cases in which land is to be treated as not being operational land
- 35Defence to proceedings in respect of statutory nuisance
- 36Protective provisions
- 37Amendment and Modification of statutory provisions
- 38Certification of plans etc.
- 39Service of notices
- 40Procedure in relation to certain approvals
- 41Arbitration
- 42Funding
- 43Low Level Restoration Scheme
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Schedule 2: REQUIREMENTS
- 1Time limits
- 2Detailed design approval
- 3Provision of landscaping and ecological mitigation
- 4Implementation and maintenance of landscaping and ecological mitigation measures
- 5Highway accesses
- 6Fencing and other means of site perimeter enclosure
- 7Surface and foul water drainage
- 8Contamination and groundwater
- 9Archaeology
- 10Construction Environment Management Plan
- 11Construction traffic management plan
- 12Control of noise during operation
- 13Control of noise during construction
- 14Construction hours
- 15Lighting strategy
- 16Construction Travel Plan
- 17Operating hours
- 18Decommissioning strategy
- 19Amendments to approved details
- 20Low Level Restoration Scheme
- 21Air Safety
- Schedule 3: STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT
- 1PERMANENT ALTERATION OF LAYOUT
- 2TEMPORARY ALTERATION OF LAYOUT
- Schedule 4STREETS SUBJECT TO STREET WORKS
- Schedule 5: ACCESS
- 1THOSE PARTS OF THE ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE
- 2THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY
- 3THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY
- Schedule 6TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS
- Schedule 7STREETS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- Schedule 8: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS
- Part: Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part: Application of Part 1 of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 10: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 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
- 17Application
- 18Interpretation
- 19Paragraph 19
- 20Apparatus of National Grid in streets subject to temporary prohibition or restriction
- 21Acquisition of land
- 22Removal of apparatus
- 23Facilities and rights for alternative apparatus
- 24Retained apparatus: protection of National Grid as Gas Undertaker
- 25Retained apparatus: protection of National Grid as Electricity Undertaker
- 26Expenses
- 27Indemnity
- 28Enactments and agreements
- 29Co-operation
- 30Access
- 31Arbitration
- Part 4: FOR THE PROTECTION OF EPN
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- Part 5: FOR THE PROTECTION OF ANGLIAN WATER
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- Part 6: FOR THE PROTECTION OF COVANTA ROOKERY SOUTH LIMITED
- 56Paragraph 56
- 57Paragraph 57
- 58Co-operation during construction
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Arbitration
- Part 7: FOR THE PROTECTION OF NETWORK RAIL
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- Schedule 11: MODIFICATIONS TO AND AMENDMENTS OF THE ROOKERY SOUTH (RESOURCE RECOVERY FACILITY) ORDER 2011
- 1Article 33 to the Rookery South (Resource Recovery Facility) Order 2011
- 2Paragraph 2
- 3Schedule 7 to the Rookery South (Resource Recovery Facility) Order 2011
- Schedule 12: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Applications made under requirements
- 2Further information
- 3Appeals
- 4Paragraph 4
- Schedule 13: ARBITRATION RULES
- 1Primary Objective
- 2Paragraph 2
- 3Time Periods
- 4Paragraph 4
- 5Timetable
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Procedure
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Arbitrator's Powers
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Costs
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Confidentiality
- 29Paragraph 29
- Schedule 14DOCUMENTS AND PLANS TO BE CERTIFIED
- Explanatory note