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The North London Heat and Power Generating Station Order 2017

S.I. 2017/215 · Made 24 February 2017 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 20 July 2018.

Infrastructure Planning

Made 24th February 2017

Coming into force 18th March 2017

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

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person, having considered the application with the documents that accompanied it and the representations made and not withdrawn, has submitted a report with a recommendation to the Secretary of State.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

2008 c.29 Parts 3 and 6 were amended by Section 137 and Schedule 13 to the Localism Act 2011 (c.20).

f2

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

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

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

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Development consent etc. granted by Order
  4. 4Limits of deviation
  5. 5Maintenance of authorised development
  6. 6Operation of authorised development
  7. 7Benefit of Order
  8. 8Consent to transfer benefit of Order
  9. 9Defence to proceedings in respect of statutory nuisance
  10. 10Street works
  11. 11Alteration of street layout
  12. 12Public rights of way
  13. 13Temporary stopping up of streets
  14. 14Access to works
  15. 15Agreements with street authorities
  16. 16Discharge of water
  17. 17Protective work to buildings
  18. 18Authority to survey and investigate
  19. 19Compulsory acquisition of land
  20. 20Time limit for exercise of authority to acquire land compulsorily or use land temporarily
  21. 21Power to override easements and other rights
  22. 22Compulsory acquisition of rights
  23. 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  24. 24Rights under or over streets
  25. 25Rights over land
  26. 26Temporary use of land for construction of authorised development
  27. 27Temporary use of land for maintaining authorised development
  28. 28Statutory undertakers
  29. 29Recovery of costs of new connections
  30. 30Application of landlord and tenant law
  31. 31Operational land for purposes of the 1990 Act
  32. 32Felling or lopping of trees
  33. 33Certification of documents and plans
  34. 34Arbitration
  35. 35No double recovery
  36. 36Protective provisions for specified undertakers
  37. 37Approvals, consents and appeals
  38. Signature
  39. Schedule 1: AUTHORISED DEVELOPMENT
  40. 1Paragraph 1
  41. 2Paragraph 2
  42. 3Paragraph 3
  43. Schedule 2: REQUIREMENTS
  44. 1Interpretation
  45. 2Time limits
  46. 3Stages of the authorised development
  47. 4Detailed design approval
  48. 5Parameters
  49. 6Environmental commitments and mitigation schedule
  50. 7Type of waste to be managed
  51. 8Notices
  52. 9BREEAM rating
  53. 10Provision of landscaping
  54. 11Maintenance of landscaping
  55. 12Access and roads
  56. 13Operational surface and foul water drainage
  57. 14Contaminated land and groundwater
  58. 15Ecology
  59. 16Code of construction practice
  60. 17Control of noise during operational stage
  61. 18Combined heat and power
  62. 19Transitional period
  63. 20Decommissioning and demolition of the energy from waste facility
  64. 21Decommissioning and demolition of the electricity and heat generating station
  65. Schedule 3: PROCEDURE FOR APPROVALS, CONSENTS AND APPEALS
  66. 1Applications made for approvals and consents required by this Order
  67. 2Further information
  68. 3Fees further to Requirements
  69. 4Appeals
  70. Schedule 4STREETS SUBJECT TO STREET WORKS
  71. Schedule 5STREETS SUBJECT TO ALTERATION OF LAYOUT
  72. Schedule 6PUBLIC RIGHTS OF WAY TO BE TEMPORARILY SUSPENDED
  73. Schedule 7PUBLIC RIGHTS OF WAY TO BE EXTINGUISHED
  74. Schedule 8STREETS TO BE TEMPORARILY STOPPED UP
  75. Schedule 9ACCESS TO WORKS
  76. Schedule 10LAND IN WHICH RIGHTS ETC., MAY BE ACQUIRED
  77. Schedule 11: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  78. 1Compensation enactments
  79. 2Paragraph 2
  80. 3Application of 1965 Act
  81. 4Paragraph 4
  82. 5Paragraph 5
  83. Schedule 12LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  84. Schedule 13: PROTECTIVE PROVISIONS
  85. Part 1: Protection of Operators of Electronic Communications Code Networks
  86. 1Paragraph 1
  87. 2Paragraph 2
  88. 3Paragraph 3
  89. 4Paragraph 4
  90. 5Paragraph 5
  91. 6Paragraph 6
  92. 7Paragraph 7
  93. Part 2: Protection of Electricity, Gas, Water and Sewerage Undertakers
  94. 1Paragraph 1
  95. 2Paragraph 2
  96. 3Paragraph 3
  97. 4Paragraph 4
  98. 5Paragraph 5
  99. 6Paragraph 6
  100. 7Paragraph 7
  101. 8Paragraph 8
  102. 9Paragraph 9
  103. 10Paragraph 10
  104. Part 3: Protection of Canal & River Trust
  105. 1Paragraph 1
  106. 2Paragraph 2
  107. 3Powers requiring CRT’s consent
  108. 4Approval of plans, protective works etc.
  109. 5Design of specified works
  110. 6Surveying of Waterway
  111. 7Undertaking of works
  112. 8Effect of specified works
  113. 9Repayment of CRT’s fees etc.
  114. 10Agreements
  115. 11Arbitration
  116. Part 4: Protection of Environment Agency
  117. 1Paragraph 1
  118. 2Paragraph 2
  119. 3Paragraph 3
  120. Part 5: Protection of National Grid as Electricity and Gas Undertaker
  121. 1Application
  122. 2Interpretation
  123. 3Paragraph 3
  124. 4Apparatus of Statutory Undertakers
  125. 5Protective works to Buildings
  126. 6Acquisition of land
  127. 7Removal of apparatus
  128. 8Facilities and rights for alternative apparatus
  129. 9Retained apparatus: protection Gas Undertakers
  130. 10Retained apparatus: Protection: Electricity Undertakers
  131. 11Expenses
  132. 12Indemnity
  133. 13Enactments and agreements
  134. 14Co-operation
  135. 15Access
  136. 16Arbitration
  137. 17Approval Process
  138. Explanatory note