The National Grid (Bramford to Twinstead Reinforcement) Order 2024
S.I. 2024/958 · Made 12 September 2024 · Extends to England and Wales
Infrastructure Planning
Made 12th September 2024
Coming into force 4th October 2024
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examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, submitted a report and recommendation to the Secretary of State.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
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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
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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
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S.I. 2010/103, amended by S.I. 2012/635.
- f4
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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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by the Order
- 4Maintenance of authorised development
- 5Limits of deviation
- 6Benefit of Order
- 7Consent to transfer benefit of Order
- 8Application of the 1990 Act
- 9Application of the Community Infrastructure Levy Regulations 2010
- 10Planning Permission
- Part 3: STREETS
- 11Street works
- 12Application of the permit schemes
- 13Application of the 1991 Act
- 14Power to alter layout, etc. of streets
- 15Temporary closure of streets and public rights of way
- 16Access to works
- 17Construction, alteration and maintenance of streets
- 18Agreements with street authorities
- Part 4: SUPPLEMENTAL POWERS
- 19Discharge of water
- 20Protective works
- 21Authority to survey and investigate the land
- Part 5: ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 22Compulsory acquisition of land
- 23Compulsory acquisition of rights
- 24Acquisition of subsoil or airspace only
- Temporary possession of land
- 25Temporary use of land by National Grid
- 26Temporary use of land by UKPN
- 27Temporary use of land for maintaining the authorised development
- 28Use of subsoil under or airspace over streets
- Compensation
- 29Disregard of certain interests and improvements
- 30Set-off for enhancement in value of retained land
- Supplementary
- 31Compulsory acquisition of land – incorporation of the mineral code
- 32Time limit for exercise of authority to acquire land and rights compulsorily
- 33Acquisition of part of certain properties
- 34Application of the 1981 Act
- 35Application of Part 1 of the 1965 Act
- 36Extinguishment and suspension of private rights
- 37Power to override easements and other rights
- 38Statutory authority to override easements and other rights
- 39Extinguishment of private rights and restrictive covenants relating to apparatus belonging to National Grid or UKPN removed from land subject to temporary possession
- 40Crown rights
- 41Special category land
- 42Statutory undertakers
- 43Recovery of costs of new connections
- Part 6: MISCELLANEOUS AND GENERAL
- 44Application of landlord and tenant law
- 45Defence to proceedings in respect of statutory nuisance
- 46Traffic regulation
- 47Felling or lopping
- 48Trees subject to Tree Preservation Orders
- 49Temporary closure of, and works in, the River Stour
- 50Protection of interests
- 51Procedure regarding certain approvals etc.
- 52Safeguarding
- 53No double recovery
- 54Application, disapplication and modification of legislative provisions
- 55Amendment of local legislation
- 56Certification of documents
- 57Service of notices
- 58Arbitration
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- TRANSMISSION ELECTRIC LINE
- In the Districts of Mid-Suffolk and Babergh
- In the District of Babergh
- In the Districts of Babergh and Braintree
- In the District of Braintree
- DISTRIBUTION ELECTRIC LINE
- In the Districts of Mid-Suffolk, Babergh and Braintree
- GRID SUPPLY POINT SUBSTATION
- In the District of Braintree
- CONSTRUCTION, MAINTENANCE AND USE
- In the Districts of Mid-Suffolk, Babergh and Braintree
- ASSOCIATED DEVELOPMENT
- Schedule 2: PLANS
- 1ACCESS, RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION PLANS
- 2LAND PLANS
- 3SPECIAL CATEGORY LAND PLANS
- 4TRAFFIC REGULATION ORDER PLANS
- 5TREES AND HEDGEROWS TO BE REMOVED OR MANAGED PLANS
- 6WORK PLANS
- Schedule 3: REQUIREMENTS
- Interpretation
- 1Paragraph 1
- Time Limits
- 2Paragraph 2
- Stages of authorised development
- 3Paragraph 3
- Management Plans
- 4Paragraph 4
- Approval and implementation of Drainage Management Plan
- 5Paragraph 5
- Archaeology
- 6Paragraph 6
- Construction hours
- 7Paragraph 7
- Retention and removal of trees, woodlands and hedgerows
- 8Paragraph 8
- Reinstatement planting plan
- 9Paragraph 9
- Reinstatement planting plan– implementation, compliance and replacement planting
- 10Paragraph 10
- Highway works
- 11Paragraph 11
- Decommissioning
- 12Paragraph 12
- Biodiversity Net Gain
- 13Paragraph 13
- Approval and implementation of Soil Management Plan
- 14Paragraph 14
- Schedule 4: DISCHARGE OF REQUIREMENTS
- Applications made under Requirements
- 1Paragraph 1
- Further information
- 2Paragraph 2
- Fees
- 3Paragraph 3
- Appeals
- 4Paragraph 4
- Outcome of appeals
- 5Paragraph 5
- Interpretation of Schedule 4
- 6Paragraph 6
- Schedule 5STREETS SUBJECT TO STREET WORKS
- Schedule 6: STREETS SUBJECT TO ALTERATION OF LAYOUT
- 1STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
- 2STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT
- Schedule 7: STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
- 1STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH A DIVERSION IS TO BE PROVIDED
- 2STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH NO DIVERSION IS TO BE PROVIDED
- Schedule 8ACCESS TO WORKS
- Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Compensation enactments
- 2Paragraph 2
- 3Paragraph 3
- 4Application of the 1965 Act
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 10LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 11EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS BELONGING TO NATIONAL GRID OR UKPN REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION
- Schedule 12: TRAFFIC REGULATION ORDERS
- 1TEMPORARY RESTRICTION OF WAITING AND RESTRICTION OF SPEED
- 2TEMPORARY RESTRICTION OF ACCESS
- 3TEMPORARY RESTRICTION OF MOVEMENT
- 4TEMPORARY NO OVERTAKING ORDER
- Schedule 13TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 14: PROTECTIVE PROVISIONS
- Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 2: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part 3: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
- 13Application
- 14Interpretation
- 15Apparatus in closed streets
- 16Protective works
- 17Acquisition of land
- 18Removal of apparatus
- 19Facilities and rights for alternative apparatus
- 20Retained apparatus
- 21Expenses and costs
- 22Paragraph 22
- 23Cooperation
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Part 4: FOR THE PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
- 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
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- Part 5: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
- 49Application
- 50Interpretation
- 51On Street Apparatus
- 52Apparatus of Cadent in stopped up streets
- 53Protective works to buildings
- 54Acquisition of land
- 55Removal of apparatus
- 56Facilities and rights for alternative apparatus
- 57Retained apparatus: protection of Cadent
- 58Expenses
- 59Indemnity
- 60Enactments and agreements
- 61Co-operation
- 62Access
- 63Arbitration
- 64Notices
- Schedule 15: PUBLIC GENERAL LEGISLATION
- 1Hedgerow Regulations 1997
- 2Local Government (Miscellaneous Provisions) Act 1976
- 3Neighbourhood Planning Act 2017
- 4Building Act 1984
- Schedule 16AMENDMENT OF LOCAL LEGISLATION
- Schedule 17CERTIFIED DOCUMENTS
- Explanatory note