The North London Heat and Power Generating Station Order 2017
S.I. 2017/215 · Made 24 February 2017 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 24th February 2017
Coming into force 18th March 2017
The application was examined by a single appointed person (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 single appointed person, having considered the application with the documents that accompanied it and the representations made and not withdrawn, has submitted a report with a recommendation to the Secretary of State.
The Secretary of State, having considered the report and recommendation of the single appointed person, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f4, and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.
The Secretary of State, having decided the application has determined to make this Order giving effect to the proposals comprised in the application on terms which in the opinion of the Secretary of State are not materially different from those proposed in the application.
The Secretary of State is satisfied that the special category land (as identified in the book of reference), when burdened with rights imposed by this Order, will be no less advantageous than it was before to 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, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, makes the following Order:
Annotations to the whole text
Footnotes
- f1
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2008 c.29 Parts 3 and 6 were amended by Section 137 and Schedule 13 to the Localism Act 2011 (c.20).
- f2
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S.I. 2009/2264, amended by the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment Regulations 2012 (S.I. 2012/635), Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522), Infrastructure Planning (Applications: Prescribed Forms and Procedure) (Amendment) Regulations 2014 (S.I. 2014/2381) and the Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 (S.I. 2012/787).
- f3
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2008 c.29. Sections 86-98 as amended by the Localism Act 2011, Schedule 13 (S.I. 2010/103) and the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635).
- f4
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S.I. 2009/2263 as amended by the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 (S.I. 2012/787).
Contents
- 1Citation and commencement
- 2Interpretation
- 3Development consent etc. granted by Order
- 4Limits of deviation
- 5Maintenance of authorised development
- 6Operation of authorised development
- 7Benefit of Order
- 8Consent to transfer benefit of Order
- 9Defence to proceedings in respect of statutory nuisance
- 10Street works
- 11Alteration of street layout
- 12Public rights of way
- 13Temporary stopping up of streets
- 14Access to works
- 15Agreements with street authorities
- 16Discharge of water
- 17Protective work to buildings
- 18Authority to survey and investigate
- 19Compulsory acquisition of land
- 20Time limit for exercise of authority to acquire land compulsorily or use land temporarily
- 21Power to override easements and other rights
- 22Compulsory acquisition of rights
- 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 24Rights under or over streets
- 25Rights over land
- 26Temporary use of land for construction of authorised development
- 27Temporary use of land for maintaining authorised development
- 28Statutory undertakers
- 29Recovery of costs of new connections
- 30Application of landlord and tenant law
- 31Operational land for purposes of the 1990 Act
- 32Felling or lopping of trees
- 33Certification of documents and plans
- 34Arbitration
- 35No double recovery
- 36Protective provisions for specified undertakers
- 37Approvals, consents and appeals
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 2: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Stages of the authorised development
- 4Detailed design approval
- 5Parameters
- 6Environmental commitments and mitigation schedule
- 7Type of waste to be managed
- 8Notices
- 9BREEAM rating
- 10Provision of landscaping
- 11Maintenance of landscaping
- 12Access and roads
- 13Operational surface and foul water drainage
- 14Contaminated land and groundwater
- 15Ecology
- 16Code of construction practice
- 17Control of noise during operational stage
- 18Combined heat and power
- 19Transitional period
- 20Decommissioning and demolition of the energy from waste facility
- 21Decommissioning and demolition of the electricity and heat generating station
- Schedule 3: PROCEDURE FOR APPROVALS, CONSENTS AND APPEALS
- 1Applications made for approvals and consents required by this Order
- 2Further information
- 3Fees further to Requirements
- 4Appeals
- Schedule 4STREETS SUBJECT TO STREET WORKS
- Schedule 5STREETS SUBJECT TO ALTERATION OF LAYOUT
- Schedule 6PUBLIC RIGHTS OF WAY TO BE TEMPORARILY SUSPENDED
- Schedule 7PUBLIC RIGHTS OF WAY TO BE EXTINGUISHED
- Schedule 8STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 9ACCESS TO WORKS
- Schedule 10LAND IN WHICH RIGHTS ETC., MAY BE ACQUIRED
- Schedule 11: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Compensation enactments
- 2Paragraph 2
- 3Application of 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 12LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 13: PROTECTIVE PROVISIONS
- Part 1: Protection of Operators of Electronic Communications Code Networks
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 2: Protection of Electricity, Gas, Water and Sewerage Undertakers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part 3: Protection of Canal & River Trust
- 1Paragraph 1
- 2Paragraph 2
- 3Powers requiring CRT’s consent
- 4Approval of plans, protective works etc.
- 5Design of specified works
- 6Surveying of Waterway
- 7Undertaking of works
- 8Effect of specified works
- 9Repayment of CRT’s fees etc.
- 10Agreements
- 11Arbitration
- Part 4: Protection of Environment Agency
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part 5: Protection of National Grid as Electricity and Gas Undertaker
- 1Application
- 2Interpretation
- 3Paragraph 3
- 4Apparatus of Statutory Undertakers
- 5Protective works to Buildings
- 6Acquisition of land
- 7Removal of apparatus
- 8Facilities and rights for alternative apparatus
- 9Retained apparatus: protection Gas Undertakers
- 10Retained apparatus: Protection: Electricity Undertakers
- 11Expenses
- 12Indemnity
- 13Enactments and agreements
- 14Co-operation
- 15Access
- 16Arbitration
- 17Approval Process
- Explanatory note