The National Grid (Hinkley Point C Connection Project) Order 2016
S.I. 2016/49 · Made 19 January 2016
Infrastructure Planning
Made 19th January 2016
Coming into force 9th February 2016
An application under section 37 of the Planning Act 2008f1 (the “2008 Act”) has been made to the Secretary of State for an order granting development consent.
The application has been examined by a Panel, which has made a report to the Secretary of State under section 74(2) of the 2008 Act.
The Secretary of State has considered the report and recommendation of the Panel, 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 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 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 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.
Accordingly, the Secretary of State, in exercise of the powers in section 114 and 120 of the 2008 Act, makes the following Order:
Annotations to the whole text
Footnotes
- f1
- f2
-
S.I. 2009/2263, amended by S.I. 2012/635 and 2012/787.
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
- Part 3: STREETS
- 10Street works
- 11Application of the 1991 Act
- 12Power to alter layout, etc. of streets
- 13Temporary stopping up of streets and public rights of way
- 14Access to works
- 15Agreements with street authorities
- Part 4: SUPPLEMENTAL POWERS
- 16Discharge of water
- 17Protective work to buildings
- 18Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 19Compulsory acquisition of land
- 20Compulsory acquisition of land – incorporation of the mineral code
- 21Time limit for exercise of authority to acquire land compulsorily
- 22Compulsory acquisition of rights
- 23Extinguishment and suspension of private rights
- 24Extinguishment of private rights and restrictive covenants relating to apparatus belonging to National Grid or WPD removed from land subject to temporary possession
- 25Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 26Acquisition of subsoil or air-space only
- 27Acquisition of part of certain properties
- 28Rights under or over streets
- 29Temporary use of land by National Grid
- 30Temporary use of land by WPD
- 31Temporary use of land for maintaining the authorised development
- 32Crown rights
- 33Statutory undertakers
- 34Recovery of costs of new connections
- Part 6: MISCELLANEOUS AND GENERAL
- 35Deemed Marine Licence
- 36Application of landlord and tenant law
- 37Operational land for purposes of the 1990 Act
- 38Defence to proceedings in respect of statutory nuisance
- 39Temporary closure of, and works in, the River Avon
- 40Traffic regulation
- 41Felling or lopping of trees
- 42Trees subject to Tree Preservation Orders
- 43Protection of interests
- 44Certification of plans etc.
- 45Service of notices
- 46Procedure regarding certain approvals etc.
- 47Amendment of local legislation
- 48No double recovery
- 49Arbitration
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- 400kV OVERHEAD ELECTRIC LINE
- 400kV UNDERGROUND CABLES
- SANDFORD 400/132kV SUBSTATION
- WPD 132kV WORKS
- SEABANK 400kV SUBSTATION
- HINKLEY LINE ENTRIES
- OTHER ASSOCIATED DEVELOPMENT
- Schedule 2
- 1ACCESS AND RIGHTS OF WAY PLANS
- 2DESIGN DRAWINGS
- 3LAND PLANS
- 4PUBLIC RIGHTS OF NAVIGATION PLAN
- 5SPECIAL CATEGORY LAND AND CROWN LAND PLANS
- 6TRAFFIC REGULATION PLANS
- 7TREES AND HEDGES TO BE REMOVED OR AFFECTED PLANS
- 8WORKS PLANS
- 9LANDSCAPE DRAWINGS
- 10OTHER PLANS AND DRAWINGS
- Schedule 3: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Design drawings
- 4Stages of authorised development
- 5Construction Environmental Management Plan
- 6Approval and implementation of construction mitigation plans
- 7Construction hours
- 8Control of artificial light emissions
- 9Provision of embedded landscape mitigation and landscaping schemes
- 10Replacement planting
- 11Implementation of landscaping and replacement planting
- 12Retention and protection of existing trees and hedgerows
- 13Bird flight diverters
- 14Bat mitigation measures
- 15Reinstatement schemes
- 16Fencing and other means of enclosure
- 17Surface water drainage
- 18Contaminated land and groundwater
- 19Inspection of temporary watercourses
- 20Removal of temporary bridges and culverts
- 21Accumulation and deposits
- 22Highway works
- 23HGV traffic
- 24Scheme of marking
- 25Highway signage plans
- 26Traffic Incident Management Plan
- 27Travel Plan
- 28Seabank substation flood defences
- 29Control of operational noise at Sandford substation
- 30River Axe crossing
- 31Residential amenity: information dissemination and complaints handling
- 32Approval of external appearances etc. of permanent structures
- 33Clearance over main rivers
- 34Decommissioning
- 35Removal of WPD Works
- 36Colour of T-pylons
- 37Construction compounds
- 38Design Approach to Site Specific Infrastructure
- 39Overhead line conductors
- 40Assessment of noise impacts
- 41Assessment of vibration impacts
- 42St Anthony’s Park travellers’ site
- 43Site Specific Mitigation Scheme
- 44Bat Special Areas of Conservation
- 45England Coast path
- 46Avonmouth Sewage Treatment Works
- Schedule 4: DISCHARGE OF REQUIREMENTS
- 1Applications made under Requirements
- 2Fees
- 3Appeals
- 4Outcome of appeals
- 5Interpretation of Schedule 4
- 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 STOPPED UP
- 1STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH A DIVERSION IS TO BE PROVIDED
- 2STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH NO DIVERSION IS TO BE PROVIDED
- Schedule 8: EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS BELONGING TO NATIONAL GRID OR WPD REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION
- 1NATIONAL GRID
- 2WESTERN POWER DISTRIBUTION
- Schedule 9: DEEMED MARINE LICENCE
- Part 1: INTRODUCTORY
- 1Interpretation
- 2Addresses
- Part 2: LICENSED ACTIVITIES
- 3Paragraph 3
- 4Paragraph 4
- Part 3: ENFORCEMENT
- 5Paragraph 5
- Part 4: CONDITIONS
- 6Paragraph 6
- 7Paragraph 7
- 8Prior to the commencement of the works
- 9Prior to the commencement of the works
- 10Prior to the commencement of the works
- 11Prior to the commencement of the works
- 12Prior to the commencement of the works
- 13Upon commencement of the works
- 14Upon commencement of the works
- 15Upon commencement of the works
- 16Upon commencement of the works
- 17Upon commencement of the works
- 18Upon commencement of the works
- 19Upon commencement of the works
- 20Upon commencement of the works
- 21Upon commencement of the works
- Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Compensation enactments
- 2Compensation enactments
- 3Application of the 1965 Act
- 4Application of the 1965 Act
- 5Application of the 1965 Act
- 6Application of the 1965 Act
- 7Application of the 1965 Act
- 8Application of the 1965 Act
- 9Application of the 1965 Act
- Schedule 11LAND WHICH MAY BE COMPULSORILY ACQUIRED
- Schedule 12: LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- 1NATIONAL GRID
- 2WESTERN POWER DISTRIBUTION
- Schedule 13: TRAFFIC REGULATION
- 1TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING AND SPEED RESTRICTION
- 2TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING RESTRICTION
- 3NO WAITING RESTRICTION
- Schedule 14TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 15: 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: PROTECTION FOR HIGHWAYS AND TRAFFIC
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Part 4: PROTECTION FOR RAILWAY INTERESTS
- 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: PROTECTION FOR FIRST CORPORATE SHIPPING LIMITED
- 49Paragraph 49
- 50Definitions
- 51Compliance with design drawings
- 52Access, streets and public rights of way
- 53Watercourses and drainage
- 54Surveys
- 55Use of land and execution, maintenance and use of the authorised development
- 56Use of land and execution, maintenance and use of the authorised development
- 57Use of land and execution, maintenance and use of the authorised development
- 58Use of land and execution, maintenance and use of the authorised development
- 59Use of land and execution, maintenance and use of the authorised development
- 60Use of land and execution, maintenance and use of the authorised development
- 61BPC’s apparatus
- 61AAcquisition and use of land
- 61BProcedure regarding certain approvals etc.
- 61CTrees and other vegetation
- 61DGeneral
- Part 6: PROTECTION FOR THE PORT AUTHORITY
- 61EParagraph 61E
- 62Definitions
- 63Tidal works: approval of detailed design
- 64Tidal works and temporary closure of the river Avon: notification requirements
- 65Communication plan
- 66General provisions as to construction of works including inspection
- 67Navigational safety, lights, buoys, etc.
- 68Obstruction in the river
- 69Disputes
- Part 7: PROTECTION FOR THE ENVIRONMENT AGENCY
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- Part 8: PROTECTION FOR RWE GENERATION UK PLC
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- Part 9: PROTECTION FOR CLH PIPELINE
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- Schedule 16: AMENDMENT OF LOCAL LEGISLATION
- 1LOCAL ENACTMENTS
- 2BYELAWS
- Explanatory note