OpenLegislation

The National Grid (Bramford to Twinstead Reinforcement) Order 2024

S.I. 2024/958 · Made 12 September 2024 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 9 April 2025.

Infrastructure Planning

Made 12th September 2024

Coming into force 4th October 2024

An application under section 37 of the Planning Act 2008f1 (the “2008 Act”) and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 has been made to the Secretary of State for an Order granting development consent.

The application has been examined by a panel of four members (“the Panel”), appointed pursuant to Chapter 2 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 2010f3.

The Panel, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, submitted a report and recommendation to the Secretary of State.

The Secretary of State, having considered the report and recommendation of the Panel, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f4 and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

The Secretary of State is satisfied that the special category land within the Order limits, when burdened with the rights imposed by this Order, will be no less advantageous than it was before to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and to the public; and that, accordingly, section 132(3) of the 2008 Act applies.

The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

Accordingly, the Secretary of State, in exercise of the powers in sections 114, 115, 117, 120, 122 and 123 of the 2008 Act, makes the following Order:

Annotations to the whole text

Footnotes

f1

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20).

f2

S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I.2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378, S.I.2019/734, S.I 2020/1534, S.I 2020/764, S.I 2021/978 and S.I. 2022/634.

f3

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

f4

S.I. 2017/572, amended by S.I. 2017/1012, S.I. 2018/695, S.I. 2018/834, S.I. 2018/942, S.I. 2018/1232, S.I. 2020/764, S.I. 2020/904 and S.I. 2020/1534.

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. 5Limits of deviation
  8. 6Benefit of Order
  9. 7Consent to transfer benefit of Order
  10. 8Application of the 1990 Act
  11. 9Application of the Community Infrastructure Levy Regulations 2010
  12. 10Planning Permission
  13. Part 3: STREETS
  14. 11Street works
  15. 12Application of the permit schemes
  16. 13Application of the 1991 Act
  17. 14Power to alter layout, etc. of streets
  18. 15Temporary closure of streets and public rights of way
  19. 16Access to works
  20. 17Construction, alteration and maintenance of streets
  21. 18Agreements with street authorities
  22. Part 4: SUPPLEMENTAL POWERS
  23. 19Discharge of water
  24. 20Protective works
  25. 21Authority to survey and investigate the land
  26. Part 5: ACQUISITION AND POSSESSION OF LAND
  27. Powers of acquisition
  28. 22Compulsory acquisition of land
  29. 23Compulsory acquisition of rights
  30. 24Acquisition of subsoil or airspace only
  31. Temporary possession of land
  32. 25Temporary use of land by National Grid
  33. 26Temporary use of land by UKPN
  34. 27Temporary use of land for maintaining the authorised development
  35. 28Use of subsoil under or airspace over streets
  36. Compensation
  37. 29Disregard of certain interests and improvements
  38. 30Set-off for enhancement in value of retained land
  39. Supplementary
  40. 31Compulsory acquisition of land – incorporation of the mineral code
  41. 32Time limit for exercise of authority to acquire land and rights compulsorily
  42. 33Acquisition of part of certain properties
  43. 34Application of the 1981 Act
  44. 35Application of Part 1 of the 1965 Act
  45. 36Extinguishment and suspension of private rights
  46. 37Power to override easements and other rights
  47. 38Statutory authority to override easements and other rights
  48. 39Extinguishment of private rights and restrictive covenants relating to apparatus belonging to National Grid or UKPN removed from land subject to temporary possession
  49. 40Crown rights
  50. 41Special category land
  51. 42Statutory undertakers
  52. 43Recovery of costs of new connections
  53. Part 6: MISCELLANEOUS AND GENERAL
  54. 44Application of landlord and tenant law
  55. 45Defence to proceedings in respect of statutory nuisance
  56. 46Traffic regulation
  57. 47Felling or lopping
  58. 48Trees subject to Tree Preservation Orders
  59. 49Temporary closure of, and works in, the River Stour
  60. 50Protection of interests
  61. 51Procedure regarding certain approvals etc.
  62. 52Safeguarding
  63. 53No double recovery
  64. 54Application, disapplication and modification of legislative provisions
  65. 55Amendment of local legislation
  66. 56Certification of documents
  67. 57Service of notices
  68. 58Arbitration
  69. Signature
  70. Schedule 1AUTHORISED DEVELOPMENT
  71. TRANSMISSION ELECTRIC LINE
  72. In the Districts of Mid-Suffolk and Babergh
  73. In the District of Babergh
  74. In the Districts of Babergh and Braintree
  75. In the District of Braintree
  76. DISTRIBUTION ELECTRIC LINE
  77. In the Districts of Mid-Suffolk, Babergh and Braintree
  78. GRID SUPPLY POINT SUBSTATION
  79. In the District of Braintree
  80. CONSTRUCTION, MAINTENANCE AND USE
  81. In the Districts of Mid-Suffolk, Babergh and Braintree
  82. ASSOCIATED DEVELOPMENT
  83. Schedule 2: PLANS
  84. 1ACCESS, RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION PLANS
  85. 2LAND PLANS
  86. 3SPECIAL CATEGORY LAND PLANS
  87. 4TRAFFIC REGULATION ORDER PLANS
  88. 5TREES AND HEDGEROWS TO BE REMOVED OR MANAGED PLANS
  89. 6WORK PLANS
  90. Schedule 3: REQUIREMENTS
  91. Interpretation
  92. 1Paragraph 1
  93. Time Limits
  94. 2Paragraph 2
  95. Stages of authorised development
  96. 3Paragraph 3
  97. Management Plans
  98. 4Paragraph 4
  99. Approval and implementation of Drainage Management Plan
  100. 5Paragraph 5
  101. Archaeology
  102. 6Paragraph 6
  103. Construction hours
  104. 7Paragraph 7
  105. Retention and removal of trees, woodlands and hedgerows
  106. 8Paragraph 8
  107. Reinstatement planting plan
  108. 9Paragraph 9
  109. Reinstatement planting plan– implementation, compliance and replacement planting
  110. 10Paragraph 10
  111. Highway works
  112. 11Paragraph 11
  113. Decommissioning
  114. 12Paragraph 12
  115. Biodiversity Net Gain
  116. 13Paragraph 13
  117. Approval and implementation of Soil Management Plan
  118. 14Paragraph 14
  119. Schedule 4: DISCHARGE OF REQUIREMENTS
  120. Applications made under Requirements
  121. 1Paragraph 1
  122. Further information
  123. 2Paragraph 2
  124. Fees
  125. 3Paragraph 3
  126. Appeals
  127. 4Paragraph 4
  128. Outcome of appeals
  129. 5Paragraph 5
  130. Interpretation of Schedule 4
  131. 6Paragraph 6
  132. Schedule 5STREETS SUBJECT TO STREET WORKS
  133. Schedule 6: STREETS SUBJECT TO ALTERATION OF LAYOUT
  134. 1STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
  135. 2STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT
  136. Schedule 7: STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
  137. 1STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH A DIVERSION IS TO BE PROVIDED
  138. 2STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH NO DIVERSION IS TO BE PROVIDED
  139. Schedule 8ACCESS TO WORKS
  140. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  141. 1Compensation enactments
  142. 2Paragraph 2
  143. 3Paragraph 3
  144. 4Application of the 1965 Act
  145. 5Paragraph 5
  146. 6Paragraph 6
  147. 7Paragraph 7
  148. 8Paragraph 8
  149. 9Paragraph 9
  150. 10Paragraph 10
  151. 11Paragraph 11
  152. 12Paragraph 12
  153. 13Paragraph 13
  154. Schedule 10LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN
  155. Schedule 11EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS BELONGING TO NATIONAL GRID OR UKPN REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION
  156. Schedule 12: TRAFFIC REGULATION ORDERS
  157. 1TEMPORARY RESTRICTION OF WAITING AND RESTRICTION OF SPEED
  158. 2TEMPORARY RESTRICTION OF ACCESS
  159. 3TEMPORARY RESTRICTION OF MOVEMENT
  160. 4TEMPORARY NO OVERTAKING ORDER
  161. Schedule 13TREES SUBJECT TO TREE PRESERVATION ORDERS
  162. Schedule 14: PROTECTIVE PROVISIONS
  163. Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  164. 1Paragraph 1
  165. 2Paragraph 2
  166. 3Paragraph 3
  167. 4Paragraph 4
  168. 5Paragraph 5
  169. 6Paragraph 6
  170. 7Paragraph 7
  171. Part 2: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  172. 8Paragraph 8
  173. 9Paragraph 9
  174. 10Paragraph 10
  175. 11Paragraph 11
  176. 12Paragraph 12
  177. Part 3: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
  178. 13Application
  179. 14Interpretation
  180. 15Apparatus in closed streets
  181. 16Protective works
  182. 17Acquisition of land
  183. 18Removal of apparatus
  184. 19Facilities and rights for alternative apparatus
  185. 20Retained apparatus
  186. 21Expenses and costs
  187. 22Paragraph 22
  188. 23Cooperation
  189. 24Paragraph 24
  190. 25Paragraph 25
  191. 26Paragraph 26
  192. Part 4: FOR THE PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
  193. 27Paragraph 27
  194. 28Paragraph 28
  195. 29Paragraph 29
  196. 30Paragraph 30
  197. 31Paragraph 31
  198. 32Paragraph 32
  199. 33Paragraph 33
  200. 34Paragraph 34
  201. 35Paragraph 35
  202. 36Paragraph 36
  203. 37Paragraph 37
  204. 38Paragraph 38
  205. 39Paragraph 39
  206. 40Paragraph 40
  207. 41Paragraph 41
  208. 42Paragraph 42
  209. 43Paragraph 43
  210. 44Paragraph 44
  211. 45Paragraph 45
  212. 46Paragraph 46
  213. 47Paragraph 47
  214. 48Paragraph 48
  215. Part 5: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
  216. 49Application
  217. 50Interpretation
  218. 51On Street Apparatus
  219. 52Apparatus of Cadent in stopped up streets
  220. 53Protective works to buildings
  221. 54Acquisition of land
  222. 55Removal of apparatus
  223. 56Facilities and rights for alternative apparatus
  224. 57Retained apparatus: protection of Cadent
  225. 58Expenses
  226. 59Indemnity
  227. 60Enactments and agreements
  228. 61Co-operation
  229. 62Access
  230. 63Arbitration
  231. 64Notices
  232. Schedule 15: PUBLIC GENERAL LEGISLATION
  233. 1Hedgerow Regulations 1997
  234. 2Local Government (Miscellaneous Provisions) Act 1976
  235. 3Neighbourhood Planning Act 2017
  236. 4Building Act 1984
  237. Schedule 16AMENDMENT OF LOCAL LEGISLATION
  238. Schedule 17CERTIFIED DOCUMENTS
  239. Explanatory note