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The North Blyth Biomass Power Station Order 2013

S.I. 2013/1873 · Made 24 July 2013

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Infrastructure Planning, England

Made 24th July 2013

Coming into force 15th August 2013

An application has been made to the Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 for an Order under sections 37, 114, 115, 120 and 149(A) of the Planning Act 2008f2 (“the 2008 Act”).

The application was examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Actf3 and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010f4.

The single appointed person, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act, made a report and recommendation to the Secretary of State.

The Secretary of State, having considered the report and recommendation of the single appointed person, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 and 149A of the 2008 Act, makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 2009/2264, amended by S.I. 2010/602, 2012/635, 2012/2732.

f2

2008 c.29. The relevant provisions of the 2008 Act are amended by Part 6 of Chapter 6 of, and Schedule 13 to, the Localism Act 2011 (c.20).

f3

Following the abolition of the Infrastructure Commission on 1st April 2012 the single person appointed under section 61(2) of the 2008 Act is treated as if appointed by the Secretary of State by virtue of a direction given by the Secretary of State under section 129 of the Localism Act 2011.

f4

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

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Development consent etc granted by the Order
  4. 4Procedure in relation to approvals etc under the Requirements
  5. 5Maintenance of authorised development
  6. 6Operation of generating station
  7. 7Benefit of Order
  8. 8Defence to proceedings in respect of statutory nuisance
  9. 9Street works
  10. 10Agreements with street authorities
  11. 11Discharge of water
  12. 12Authority to survey and investigate the land
  13. 13Compulsory acquisition of land
  14. 14Compulsory acquisition of land – incorporation of the minerals code
  15. 15Time limit for exercise of authority to acquire land compulsorily
  16. 16Compulsory acquisition of rights
  17. 17Private rights of way
  18. 18Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  19. 19Acquisition of subsoil only
  20. 20Acquisition of part of certain properties
  21. 21Rights under or over streets
  22. 22Statutory undertakers
  23. 23Recovery of costs of new connections
  24. 24Railway and navigation undertakings
  25. 25Application of landlord and tenant law
  26. 26Operational land for purposes of the 1990 Act
  27. 27Deemed licence for purposes of the 2009 Act
  28. 28Certification of plans etc
  29. 29Arbitration
  30. 30Crown rights
  31. 31Protective provisions
  32. Signature
  33. Schedule 1: Authorised development
  34. 1Paragraph 1
  35. 2Paragraph 2
  36. Schedule 2: Requirements
  37. 1Interpretation
  38. 2Time limits
  39. 3Detailed design
  40. 4Highway accesses
  41. 5Fencing and other means of enclosure
  42. 6Surface and foul water drainage
  43. 7Surface water drainage – contamination
  44. 8Contaminated land and groundwater
  45. 9Disposal of contaminated materials
  46. 10Earthworks and remediation
  47. 11Ecological management
  48. 12Code of construction practice and CEMP
  49. 13Suppression of dust and dirt during construction
  50. 14Construction traffic routing and management plan
  51. 15Control of noise during construction and commissioning
  52. 16External lighting during construction
  53. 17Unexploded ordnance (UXO) survey
  54. 18Travel plan – construction
  55. 19Flooding – mitigation
  56. 20Flooding – warning and evacuation plan
  57. 21Fire prevention
  58. 22Otter mitigation strategy
  59. 23Asbestos
  60. 24Storage of liquids on site
  61. 25Database of tall structures
  62. 26Aviation safety
  63. 27European protected species
  64. 28Construction hours
  65. 29Piling and vibration
  66. 30Control of artificial light emissions
  67. 31Control of dust emissions
  68. 32Waste management on site
  69. 33Travel plan and traffic management plan – operational period
  70. 34Combined heat and power
  71. 35Site safety and signage
  72. 36Control of noise during operational phase
  73. 37External storage
  74. 38Deliveries of fuel stock by road
  75. 39Biomass fuel sustainability
  76. 40Decommissioning
  77. 41Workforce development strategy
  78. 42Requirement for written approval
  79. 43Amendments to approved details
  80. Schedule 3Streets subject to street works
  81. Schedule 4: Deemed licence under the Marine and Coastal Access Act 2009
  82. Part 1: Licensed marine activities
  83. 1Interpretation
  84. 2Details of licensed activities
  85. Part 2: Conditions applying to licensed activities
  86. Chapter: General conditions
  87. 1Notification of commencement and completion
  88. 2Project wide conditions
  89. 3Activity specific conditions
  90. Schedule 5: Protective provisions
  91. 1For the protection of Network Rail
  92. 2For the protection of Network Rail
  93. 3For the protection of Network Rail
  94. 4For the protection of Network Rail
  95. 5For the protection of Network Rail
  96. 6For the protection of Network Rail
  97. 7For the protection of Network Rail
  98. 8For the protection of Network Rail
  99. 9For the protection of Network Rail
  100. 10For the protection of Network Rail
  101. 11For the protection of Network Rail
  102. 12For the protection of Network Rail
  103. 13For the protection of Network Rail
  104. 14For the protection of Network Rail
  105. 15For the protection of Network Rail
  106. 16For the protection of Network Rail
  107. 17For the protection of Network Rail
  108. 18For the protection of Network Rail
  109. 19For the protection of Network Rail
  110. 20For the protection of Network Rail
  111. 21For the protection of Network Rail
  112. Explanatory note