The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024
S.I. 2024/393 · Made 14 March 2024 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 14th March 2024
Coming into force 5th April 2024
The application was examined by a panel as Examining authority appointed by the Secretary of State in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3.
The Examining authority, having considered application together with the representations made and not withdrawn and the accompanying documents, has submitted a report and recommendation to the Secretary of State in accordance with section 74f4 of the 2008 Act.
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 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f5 and has had regard to the documents and matters referred to in section 104(2)f6 of the 2008 Act.
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.
The Secretary of State, in exercise of the powers conferred by 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. Section 37 was amended by Schedule 13 to the Localism Act 2011 (c. 20).
- f2
- f3
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S.I. 2010/103, amended by regulation 5 of S.I. 2012/635.
- f4
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Section 74 was amended by the Localism Act 2011 (c. 20) section 240(2), Schedule 13 paragraph 29(2) and Schedule 25 Part 20.
- f5
- f6
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Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 240(2) and Schedule 13, paragraph 49(1) to (6) of 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
- 5Limits of deviation
- 6Benefit of the Order
- 7Consent to transfer benefit of the Order
- 8Planning Permission
- 9Application of the 1990 Act
- 10Application of the Community Infrastructure Levy Regulations 2010
- Part 3: STREETS
- 11Street works
- 12Application of the 1991 Act
- 13Power to alter layout, etc. of streets
- 14Temporary closure of streets, cycle tracks and public rights of way
- 15Use of private roads for construction
- 16Access to works
- 17Construction, alteration and maintenance of streets
- 18Agreements with street authorities
- Part 4: SUPPLEMENTAL POWERS
- 19Discharge of water
- 20Protective work to land, buildings, structures, apparatus or equipment
- 21Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 22Compulsory acquisition of land
- 23Compulsory acquisition of land – incorporation of the mineral code
- 24Time limit for exercise of authority to acquire land and rights compulsorily
- 25Compulsory acquisition of rights
- 26Extinguishment and suspension of private rights
- 27Extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession
- 28Power to override easements and other rights
- 29Disregard of certain interests and improvements
- 30Set-off for enhancement in value of retained land
- 31No double recovery
- 32Modification of Part 1 of the 1965 Act
- 33Application of the 1981 Act
- 34Acquisition of subsoil or airspace only
- 35Use of subsoil under or airspace over streets
- 36Temporary use of land by National Grid
- 37Temporary use of land by NPG
- 38Temporary use of land by NGN
- 39Temporary use of land for maintaining the authorised development
- 40Statutory undertakers
- 41Recovery of costs of new connections
- Part 6: MISCELLANEOUS AND GENERAL
- 42Application of landlord and tenant law
- 43Defence to proceedings in respect of statutory nuisance
- 44Maintenance of drainage works
- 45Traffic regulation
- 46Felling or lopping of trees and removal of hedgerows
- 47Protection of interests
- 48Certification of plans, etc.
- 49Service of notices
- 50Procedure regarding certain approvals, etc.
- 51Amendment of local legislation
- 52Arbitration
- 53Temporary closure of, and works in, the river Ouse
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- OSBALDWICK SUBSTATION
- OVERHEAD ELECTRIC LINES AND OVERTON SUBSTATION (NORTH WEST OF YORK)
- OVERHEAD ELECTRIC LINES (MOOR MONKTON TO TADCASTER)
- OVERHEAD ELECTRIC LINES (TADCASTER)
- OVERHEAD ELECTRIC LINES (TADCASTER TO MONK FRYSTON)
- OVERHEAD ELECTRIC LINES AND MONK FRYSTON SUBSTATION
- Schedule 2: PLANS, DRAWINGS AND ENVIRONMENTAL STATEMENT
- 1ACCESS, RIGHTS OF WAY AND PUBLIC RIGHTS OF NAVIGATION PLAN
- 2DESIGN DRAWINGS
- 3EXTINGUISHMENT OF EASEMENTS, SERVITUDES AND OTHER PRIVATE RIGHTS PLANS
- 4LAND PLAN
- 5OUTLINE LANDSCAPE MITIGATION STRATEGY
- 6TRAFFIC REGULATION ORDER PLAN
- 7WORKS PLAN
- 8ENVIRONMENTAL STATEMENT DOCUMENTS
- Schedule 3: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Design drawings
- 4Stages of authorised development
- 5Construction management plans
- 6Construction management plans to be approved
- 7Construction hours
- 8Landscaping at Overton, Tadcaster and Monk Fryston
- 9Retention and protection of existing trees
- 10Replacement planting
- 11Reinstatement schemes
- 12Contamination of land or groundwater and controlled waters
- 13Removal of temporary bridges and culverts
- 14Highway works
- 15Removal of existing overhead line
- 16Decommissioning
- 17Clearance over the River Ouse
- 18Approval of details having regard to the Design Approach to Site Specific Infrastructure
- 19Site specific mitigation scheme
- Schedule 4: DISCHARGE OF REQUIREMENTS
- 1Applications made under requirements
- 2Fees
- 3Appeals
- 4Outcome of appeals
- 5Interpretation of Schedule 4
- Schedule 5: BENEFIT OF THE ORDER RULES
- NPG Works
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- NGN Works
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- General
- 9Paragraph 9
- 10Paragraph 10
- Schedule 6STREETS SUBJECT TO STREET WORKS
- Schedule 7: STREETS SUBJECT TO ALTERATION OF LAYOUT
- Part 1: STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
- North Yorkshire Council
- Part 2: STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT
- City of York Council
- North Yorkshire Council
- Schedule 8: STREETS, CYCLE TRACKS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
- 1STREETS, CYCLE TRACKS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH A DIVERSION IS TO BE PROVIDED
- 2STREETS, CYCLE TRACKS OR PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED FOR WHICH NO DIVERSION IS TO BE PROVIDED
- Schedule 9: ACCESS TO WORKS
- 1CITY OF YORK COUNCIL
- 2LEEDS CITY COUNCIL
- 3NORTH YORKSHIRE COUNCIL
- 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 11: EXTINGUISHMENT OF PRIVATE RIGHTS AND RESTRICTIVE COVENANTS RELATING TO APPARATUS REMOVED FROM LAND SUBJECT TO TEMPORARY POSSESSION
- 1NATIONAL GRID
- 2NPG
- Schedule 12: LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- 1NATIONAL GRID
- 2NPG
- 3NGN
- Schedule 13: LAND IN WHICH ONLY NEW RIGHTS AND RESTRICTIVE COVENANTS ETC. MAY BE ACQUIRED
- 1NATIONAL GRID
- 2NPG
- 3NGN
- Schedule 14TRAFFIC REGULATION
- 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
- Part 2: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 3: FOR THE PROTECTION OF THE CANAL & RIVER TRUST
- 12Interpretation
- 13Notice to be given prior to specified works
- 14Fencing
- 15Survey of waterway
- 16Approval of plans etc.
- 17Failure to complete specified works
- 18Lighting
- 19Construction of specified works
- 20Access to work – provision of information
- 21Maintenance of works
- 22Repayment of the Trust’s fees, etc.
- 23Making good of detriment; compensation and indemnity, etc.
- 24Arbitration
- 25As built drawings
- Part 4: FOR THE PROTECTION OF RAILWAY INTERESTS
- 26Paragraph 26
- 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
- Part 5: FOR THE PROTECTION OF NORTHERN POWERGRID
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- Part 6: FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED
- 61Application etc.,
- 62Interpretation
- 63General
- 64General
- 65General
- 66Works outside the Order limits
- 67Prior approvals and security
- 68Construction of the specified works
- 69Payments
- 70Provisional Certificate
- 71Opening
- 72Final condition survey
- 73Defects Period
- 74Final Certificate
- 75Security
- 76Insurance
- 77Indemnity
- 78Maintenance of the specified works
- 79Land
- 80Arbitration
- Part 7: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
- 81Application
- 82Interpretation
- 83On Street Apparatus
- 84Apparatus of NGT in affected streets
- 85Protective works to buildings
- 86Acquisition of land
- 87Removal of apparatus
- 88Facilities and rights for alternative apparatus
- 89Retained apparatus: protection
- 90Expenses
- 91Indemnity
- 92Enactments and agreements
- 93Co-operation
- 94Access
- 95Arbitration
- 96Notices
- Part 8: FOR THE PROTECTION OF NORTHERN GAS NETWORK’S APPARATUS
- 97Application
- 98Interpretation
- 99Interpretation
- 100Apparatus of Statutory undertaker in affected streets
- 101Acquisition of land
- 102Removal or diversion of apparatus
- 103Facilities and rights for alternative apparatus
- 104Retained apparatus: protection
- 105Expenses
- 106Enactments and agreements
- 107Co-operation
- 108Access
- 109Arbitration
- 110Works falling outside of development authorised by the Order
- 111Cathodic protection testing
- Schedule 16: AMENDMENT OF LOCAL LEGISLATION
- 1LOCAL ENACTMENTS
- 2BYELAWS
- Schedule 17HEDGEROWS WHICH MAY BE REMOVED
- Explanatory note