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The North Killingholme (Generating Station) Order 2014

S.I. 2014/2434 · Made 11 September 2014 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 3 April 2026.

Infrastructure Planning

Made 11th September 2014

Coming into force 2nd October 2014

The undertaker has applied to the Secretary of State for an order granting development consent in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1;

The application was examined by an Examining authority appointed by the Secretary of State under Part 4 of the Planning Act 2008 (the “Act”)f2 and the Infrastructure Planning (Examination Procedure) Rules 2010f3;

The Examining authority, having considered the application with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Act made a report and recommendation to the Secretary of State;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 Examining authority, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make substantial change to the proposals;

The Secretary of State has decided to grant development consent and, under sections 114, 115, 120 and 149A of the 2008 Act, to make the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 2009/2264 as amended by the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522). There are other amendments to the Regulations which are not relevant to this Order.

f2

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), and by sections 22 to 27 of the Growth and Infrastructure Act 2013 (c.27), see S.I. 2013/1124 for transitional provisions. Section 149A was inserted by section 112(1) of, and paragraph 4 of Part 1 of Schedule 8 to, the Marine and Coastal Access Act 2009 (c.33).

f3

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

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Development consent etc. granted by the Order
  4. 4Maintenance, decommissioning and demolition of authorised development
  5. 5Operation of generating station
  6. 6Benefit of the Order
  7. 7Guarantees in respect of payment of compensation
  8. 8Defence to proceedings in respect of statutory nuisance
  9. 9Street works
  10. 10Temporary stopping up of streets
  11. 11Access to works
  12. 12Agreements with street authority
  13. 13Crown rights
  14. 14Discharge of water
  15. 15Authority to survey and investigate the land
  16. 16Compulsory acquisition of land
  17. 17Power to override easements and other rights
  18. 18Private rights of way
  19. 19Time limit for exercise of authority to acquire land compulsorily
  20. 20Compulsory acquisition of rights
  21. 21Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  22. 22Acquisition of subsoil only
  23. 23Acquisition of part of certain properties
  24. 24Rights under or over streets
  25. 25Temporary use of land for carrying out the authorised development
  26. 26Temporary use of land for maintaining authorised development
  27. 27Statutory undertakers
  28. 28Railway undertakings
  29. 29Application of landlord and tenant law
  30. 30Operational land for purposes of the 1990 Act
  31. 31Felling or lopping of trees
  32. 32Protective work to buildings
  33. 33Procedure in relation to certain approvals etc.
  34. 34Certification of plans, etc.
  35. 35Arbitration
  36. 36Deemed marine licence
  37. 37Protection of interests
  38. Signature
  39. Schedule 1: Authorised development
  40. 1Authorised development
  41. 2Building heights
  42. Part 3: Requirements
  43. 1Interpretation
  44. 2Time limits etc.
  45. 3Development masterplan
  46. 4Detailed design
  47. 5Paragraph 5
  48. 6Site road
  49. 7Provision of landscaping
  50. 8Implementation and maintenance of landscaping
  51. 9Highway works
  52. 10Fencing and other means of site perimeter enclosure
  53. 11Construction surface water drainage
  54. 12Operational surface and foul water drainage
  55. 13Contamination and groundwater
  56. 14Archaeology
  57. 15CEMP
  58. 16Storage of liquids on site
  59. 17Control of noise during construction
  60. 18Paragraph 18
  61. 19Paragraph 19
  62. 20Control of noise during operation
  63. 21Paragraph 21
  64. 22Paragraph 22
  65. 23Paragraph 23
  66. 24Construction hours
  67. 25Piling
  68. 26Construction of Work Nos. 6a and 6b
  69. 27Combined heat and power
  70. 28Paragraph 28
  71. 29Control of dust emissions during operation
  72. 30Construction and security lighting scheme
  73. 31Permanent lighting scheme
  74. 32Bat mitigation strategy
  75. 33Water vole mitigation strategy
  76. 34Other ecological matters
  77. 35Paragraph 35
  78. 36CCS
  79. 37Paragraph 37
  80. 38Paragraph 38
  81. 39Fire water
  82. 40Drainage pond
  83. 41Site waste management plan
  84. 42Biomass fuel sustainability
  85. 43Decommissioning
  86. 44Requirements for written approval, etc.
  87. 45Amendments to approved details
  88. 46Flood warning and evacuation plan
  89. 47Aerodrome safeguarding
  90. 48Train speed at North Killingholme Haven Pits
  91. 49Acoustic hoarding
  92. 50Visual attenuation of train movements
  93. 51Control of construction noise at North Killingholme Haven Pits
  94. 52Changes approved by the relevant planning authority
  95. 53Work No. 1
  96. Schedule 2Streets subject to street works
  97. Schedule 3Street to be temporarily stopped up
  98. Schedule 4Access to works
  99. Schedule 5Land of which temporary possession may be taken
  100. Schedule 6: Procedure for discharge of requirements
  101. 1Interpretation of Schedule
  102. 2Applications made under requirement
  103. 3Further information
  104. 4Fees
  105. 5Appeals
  106. Schedule 7: Deemed marine licence
  107. Part 1: Introductory
  108. 1Interpretation
  109. 2Addresses
  110. Part 2: Licensed activities
  111. 3Paragraph 3
  112. Part 3: Conditions
  113. 4General conditions
  114. 5Paragraph 5
  115. 6Paragraph 6
  116. 7Paragraph 7
  117. 8Paragraph 8
  118. 9Paragraph 9
  119. 10Paragraph 10
  120. 11Paragraph 11
  121. 12Paragraph 12
  122. 13Paragraph 13
  123. 14Paragraph 14
  124. 15Paragraph 15
  125. 16Paragraph 16
  126. 17Paragraph 17
  127. 18Paragraph 18
  128. 19Cooling water intake conditions
  129. 20Piling conditions
  130. 21Paragraph 21
  131. 22Paragraph 22
  132. 23Paragraph 23
  133. 24Detailed design
  134. Schedule 8: Protective provisions
  135. Part 1: For the protection of Anglian Water
  136. 1Application
  137. 2Interpretation
  138. 3Apparatus within standard protection strips
  139. 4Alteration, extension, removal or relocation of apparatus
  140. 5Contingency arrangements
  141. 6Creation of rights for Anglian Water
  142. 7Alternative means of access to apparatus
  143. 8Unmapped sewers, lateral drains or other apparatus
  144. 9Damage or interruption caused by construction
  145. 10Paragraph 10
  146. Part 2: For the protection of the Environment Agency
  147. 1Paragraph 1
  148. 2Paragraph 2
  149. 3Paragraph 3
  150. 4Paragraph 4
  151. 5Paragraph 5
  152. 6Paragraph 6
  153. 7Paragraph 7
  154. 8Paragraph 8
  155. 9Paragraph 9
  156. 10Paragraph 10
  157. 11Paragraph 11
  158. Part 3: For the protection of Network Rail
  159. 1Paragraph 1
  160. 2Paragraph 2
  161. 3Paragraph 3
  162. 4Paragraph 4
  163. 5Paragraph 5
  164. 6Paragraph 6
  165. 7Paragraph 7
  166. 8Paragraph 8
  167. 9Paragraph 9
  168. 10Paragraph 10
  169. 11Paragraph 11
  170. 12Paragraph 12
  171. 13Paragraph 13
  172. 14Paragraph 14
  173. 15Paragraph 15
  174. 16Paragraph 16
  175. 17Paragraph 17
  176. 18Paragraph 18
  177. 19Paragraph 19
  178. Part 4: For the protection of National Grid
  179. 1Application
  180. 2Interpretation
  181. 3Paragraph 3
  182. 4Apparatus of protected persons in stopped up streets
  183. 5Protective works to buildings
  184. 6Acquisition of land
  185. 7Removal of apparatus
  186. 8Facilities and rights for alternative apparatus
  187. 9Retained apparatus: protection: electricity undertakers
  188. 10Retained apparatus: protection: gas undertakers
  189. 11Expenses
  190. 12Indemnity
  191. 13Ground subsidence monitoring scheme in respect of protected person’s apparatus
  192. 14Enactments and agreements
  193. 15Co-operation
  194. 16Access
  195. 17Arbitration
  196. Part 5: For the protection of Centrica plc
  197. 1Application
  198. 2Interpretation
  199. 3Creation of rights for Centrica
  200. 4Apparatus
  201. 5Removal of apparatus
  202. 6Facilities and rights for alternative apparatus
  203. 7Costs
  204. 8Access to power station
  205. 9Requirement for agreement
  206. Explanatory note