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The National Grid (Richborough Connection Project) Development Consent Order 2017

S.I. 2017/817 · Made 3 August 2017 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 8 May 2018.

Infrastructure Planning

Made 3rd August 2017

Coming into force 24th August 2017

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

2008 c. 29.

f2

S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787 and revoked by S.I. 2017/575 subject to transition provisions contained in that instrument..

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. Part 3: STREETS
  13. 10Street works
  14. 11Application of the 1991 Act
  15. 12Power to alter layout, etc. of streets
  16. 13Temporary stopping up of streets and public rights of way
  17. 14Access to works
  18. 15Agreements with street authorities
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Protective work to buildings
  22. 18Authority to survey and investigate the land
  23. Part 5: POWERS OF ACQUISITION
  24. 19Compulsory acquisition of right: incorporation of the mineral code
  25. 20Time limit for exercise of authority to acquire rights compulsorily
  26. 21Compulsory acquisition of rights
  27. 22Crown rights
  28. 23Extinguishment and suspension of private rights
  29. 24Extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession
  30. 25Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  31. 26Acquisition of subsoil or air-space only
  32. 27Rights under or over streets
  33. 28Temporary use of land by National Grid
  34. 29Temporary use of land by UK Power Networks
  35. 30Temporary use of land for maintaining the authorised development
  36. 31Special category land
  37. 32Statutory undertakers
  38. 33Recovery of costs of new connections
  39. Part 6: MISCELLANEOUS AND GENERAL
  40. 34Deemed marine licence
  41. 35Application of landlord and tenant law
  42. 36Operational land for purposes of the 1990 Act
  43. 37Defence to proceedings in respect of statutory nuisance
  44. 38Temporary closure of, and works in, the river Stour
  45. 39Traffic regulation
  46. 40Felling or lopping of trees
  47. 41Trees subject to tree preservation orders
  48. 42Protection of interests
  49. 43Certification of plans, etc.
  50. 44Service of notices
  51. 45Procedure regarding certain approvals, etc.
  52. 46Amendment of local legislation
  53. 47No double recovery
  54. 48Arbitration
  55. Signature
  56. Schedule 1AUTHORISED DEVELOPMENT
  57. Chapter 400Kv OVERHEAD LINE
  58. In the City of Canterbury and the District of Thanet and the District of Dover
  59. In the City of Canterbury
  60. In the District of Thanet
  61. Chapter UK POWER NETWORKS WORKS
  62. In the City of Canterbury
  63. In the District of Thanet
  64. In the City of Canterbury
  65. In the City of Canterbury and the District of Thanet
  66. In the District of Thanet
  67. In the District of Thanet and the District of Dover
  68. ASSOCIATED DEVELOPMENTChapter ASSOCIATED DEVELOPMENT
  69. Schedule 2: PLANS AND DRAWINGS
  70. 1LOCATION PLAN
  71. 2ACCESS AND RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION PLANS
  72. 3DESIGN DRAWINGS
  73. 4LAND PLANS
  74. 5SPECIAL CATEGORY LAND AND CROWN LAND PLANS
  75. 6EXTINGUISHMENT OF EASEMENTS, SERVITUDES AND OTHER RIGHTS PLANS
  76. 7TRAFFIC REGULATION ORDER PLANS
  77. 8TREES AND HEDGEROWS TO BE REMOVED OR MANAGED PLANS
  78. 9WORKS PLANS
  79. Schedule 3: REQUIREMENTS
  80. 1Interpretation
  81. 2Time Limits
  82. 3Design drawings
  83. 4Stages of authorised development
  84. 5Construction Environmental Management Plan
  85. 6Approval and implementation of construction mitigation plans
  86. 7Construction hours
  87. 8Mitigation planting
  88. 9Implementation of mitigation planting
  89. 10Retention and protection of existing trees and hedgerows
  90. 11Bird flight diverters
  91. 12Reinstatement schemes
  92. 13Contamination of land or groundwater and controlled waters
  93. 14Inspection of temporary watercourses
  94. 15Removal of temporary bridges and culverts
  95. 16Highway works
  96. 17Clearance over the tidal River Stour
  97. 18Removal of UK Power Networks Works
  98. 19Decommissioning
  99. 20Ancient Woodland Easement Management Plan
  100. 21Location of Pylon PC10
  101. 22Exercise of powers of compulsory acquisition in relation to the imposition of restrictions by National Grid
  102. Schedule 4: DISCHARGE OF REQUIREMENTS
  103. 1Applications made under requirements
  104. 2Fees
  105. 3Appeals
  106. 4Outcome of appeals
  107. 5Interpretation of Schedule 4
  108. Schedule 5STREETS SUBJECT TO STREET WORKS
  109. Schedule 6STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT
  110. Schedule 7: STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
  111. 1STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH A DIVERSION IS TO BE PROVIDED
  112. 2STREETS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH NO DIVERSION IS TO BE PROVIDED
  113. Schedule 8: EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION
  114. 1NATIONAL GRID
  115. 2UK POWER NETWORKS
  116. Schedule 9: DEEMED MARINE LICENCE
  117. Part 1: INTRODUCTORY
  118. 1Interpretation
  119. 2Addresses
  120. Part 2: LICENSED ACTIVITIES
  121. 3Paragraph 3
  122. Part 3: ENFORCEMENT
  123. 4Paragraph 4
  124. Part 4: CONDITIONS
  125. 5Paragraph 5
  126. 6Paragraph 6
  127. 7Prior to the commencement of the works
  128. 8Paragraph 8
  129. 9Paragraph 9
  130. 10Paragraph 10
  131. 11Paragraph 11
  132. 12Upon commencement of the works
  133. 13Paragraph 13
  134. 14Paragraph 14
  135. 15Paragraph 15
  136. 16Paragraph 16
  137. 17Paragraph 17
  138. 18Paragraph 18
  139. Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  140. 1Compensation enactments
  141. 2Paragraph 2
  142. 3Application of the 1965 Act
  143. 4Paragraph 4
  144. 5Paragraph 5
  145. 6Paragraph 6
  146. 7Paragraph 7
  147. 8Paragraph 8
  148. 9Paragraph 9
  149. Schedule 11: LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  150. 1NATIONAL GRID
  151. 2UK POWER NETWORKS
  152. Schedule 12: TRAFFIC REGULATION
  153. 1TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING AND SPEED RESTRICTION
  154. 2TEMPORARY PROHIBITION OF VEHICULAR ACCESS AND NO WAITING RESTRICTION
  155. 3TEMPORARY PROHIBITION OF VEHICULAR ACCESS
  156. Schedule 13TREES SUBJECT TO TREE PRESERVATION ORDERS
  157. Schedule 14: PROTECTIVE PROVISIONS
  158. Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  159. 1Paragraph 1
  160. 2Paragraph 2
  161. 3Paragraph 3
  162. 4Paragraph 4
  163. 5Paragraph 5
  164. 6Paragraph 6
  165. 7Paragraph 7
  166. Part 2: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  167. 1Paragraph 1
  168. 2Paragraph 2
  169. 3Paragraph 3
  170. 4Paragraph 4
  171. 5Paragraph 5
  172. Part 3: PROTECTION FOR HIGHWAYS AND TRAFFIC
  173. 1Paragraph 1
  174. 2Paragraph 2
  175. 3Paragraph 3
  176. 4Paragraph 4
  177. 5Paragraph 5
  178. 6Paragraph 6
  179. 7Paragraph 7
  180. 8Paragraph 8
  181. 9Paragraph 9
  182. 10Paragraph 10
  183. 11Paragraph 11
  184. 12Paragraph 12
  185. 13Paragraph 13
  186. Part 4: PROTECTION FOR RAILWAY INTERESTS
  187. 1Paragraph 1
  188. 2Paragraph 2
  189. 3Paragraph 3
  190. 4Paragraph 4
  191. 5Paragraph 5
  192. 6Paragraph 6
  193. 7Paragraph 7
  194. 8Paragraph 8
  195. 9Paragraph 9
  196. 10Paragraph 10
  197. 11Paragraph 11
  198. 12Paragraph 12
  199. 13Paragraph 13
  200. 14Paragraph 14
  201. 15Paragraph 15
  202. 16Paragraph 16
  203. 17Paragraph 17
  204. 18Paragraph 18
  205. 19Paragraph 19
  206. Part 5: PROTECTION FOR SOUTH EAST WATER LIMITED
  207. 1General
  208. 2Paragraph 2
  209. 3Paragraph 3
  210. 4Paragraph 4
  211. 5Paragraph 5
  212. 6Paragraph 6
  213. 7Paragraph 7
  214. 8Paragraph 8
  215. 9Paragraph 9
  216. 10For the benefit of the proposed Broad Oak Reservoir
  217. 11Paragraph 11
  218. 12Paragraph 12
  219. 13Paragraph 13
  220. 14Paragraph 14
  221. 15Paragraph 15
  222. 16Paragraph 16
  223. 17Paragraph 17
  224. Schedule 15: AMENDMENT OF LOCAL LEGISLATION
  225. 1LOCAL ENACTMENTS
  226. 2BYELAWS
  227. Explanatory note