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The Port Talbot Steelworks Generating Station Order 2015

S.I. 2015/1984 · Made 8 December 2015 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2017.

Infrastructure Planning

Made 8th December 2015

Coming into force 30th December 2015

An application under section 37 of the Planning Act 2008f1 (the “2008 Act”) has been made to the Secretary of State for an order granting development consent.

The application has been examined by a single appointed person who has made a report to the Secretary of State under section 83(1) of the 2008 Act. After receiving the report, the Secretary of State requested further information from various persons.

The Secretary of State has considered the report and recommendation of the single appointed person, has taken into consideration the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f2 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 an order giving effect to the proposals comprised in the application on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

Accordingly, the Secretary of State, in exercise of the powers in sections 114 and 120 of the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c.29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c.20). Section 83(1) was amended by paragraph 35 of that Schedule. Section 104(2) was amended by paragraph 49 of that Schedule and section 58 of the Marine and Coastal Access Act 2009 (c.23). Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, that Act.

f2

S.I. 2009/2263; regulation 3 was amended by S.I. 2012/635 and 2012/787.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent granted by Order
  6. 4Power to maintain authorised development
  7. 5Operation of generating station
  8. 6Benefit of Order
  9. 7Consent to transfer benefit of Order
  10. 8Defence to proceedings in respect of statutory nuisance
  11. Part 3: STREETS
  12. 9Street works
  13. Part 4: SUPPLEMENTAL POWERS
  14. 10Discharge of water
  15. 11Authority to survey and investigate land
  16. Part 5: POWERS OF ACQUISITION
  17. 12Compulsory acquisition of rights
  18. 13Application of Compulsory Purchase (Vesting Declarations) Act 1981
  19. 14Compulsory acquisition of land: minerals
  20. 15Time limit for exercise of authority to acquire rights compulsorily
  21. 16Acquisition of subsoil or airspace only
  22. 17Private rights
  23. 18Statutory undertakers
  24. Part 6: MISCELLANEOUS AND GENERAL
  25. 19Application of landlord and tenant law
  26. 20Operational land for purposes of 1990 Act
  27. 21Protective provisions
  28. 22Certification of plans, etc.
  29. 23Service of notices
  30. 24Procedure in relation to certain approvals, etc.
  31. 25Arbitration
  32. 26Crown rights
  33. Signature
  34. Schedule 1AUTHORISED DEVELOPMENT
  35. Schedule 2: REQUIREMENTS
  36. 1Interpretation
  37. 2Time limits
  38. 3Stages of authorised development
  39. 4Detailed design
  40. 5Decommissioning of existing generating station
  41. 6Provision of landscaping
  42. 7Fencing and other means of enclosure
  43. 8Archaeology
  44. 9Habitat management plan
  45. 10Code of construction practice
  46. 11Approval and implementation of noise management plan, etc.
  47. 12External lighting
  48. 13Construction hours
  49. 14Control of noise during operational phase
  50. 15Surface and foul water drainage
  51. 16Aviation safety
  52. 17Air quality monitoring
  53. 18Contaminated land and groundwater
  54. 19Construction compound
  55. Schedule 3: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  56. 1Compensation enactments modified
  57. 2Land Compensation Act 1973 modified
  58. 31965 Act modified
  59. 4Paragraph 4
  60. 5Paragraph 5
  61. 6Paragraph 6
  62. 7Paragraph 7
  63. 8Paragraph 8
  64. 9Paragraph 9
  65. Schedule 4: PROTECTIVE PROVISIONS
  66. Part 1: PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED, ETC.
  67. 1Paragraph 1
  68. 2Paragraph 2
  69. 3Paragraph 3
  70. 4Paragraph 4
  71. 5Paragraph 5
  72. 6Paragraph 6
  73. 7Paragraph 7
  74. 8Paragraph 8
  75. 9Paragraph 9
  76. 10Paragraph 10
  77. 11Paragraph 11
  78. 12Paragraph 12
  79. 13Paragraph 13
  80. 14Paragraph 14
  81. 15Paragraph 15
  82. 16Paragraph 16
  83. 17Paragraph 17
  84. 18Paragraph 18
  85. 19Paragraph 19
  86. 20Paragraph 20
  87. 21Paragraph 21
  88. Part 2: PROTECTION OF WESTERN POWER DISTRIBUTION (SOUTH WALES) PLC
  89. 1Paragraph 1
  90. 2Paragraph 2
  91. 3Paragraph 3
  92. 4Paragraph 4
  93. 5Paragraph 5
  94. 6Paragraph 6
  95. 7Paragraph 7
  96. 8Paragraph 8
  97. 9Paragraph 9
  98. Part 3: PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC
  99. 1Part to have effect unless otherwise agreed
  100. 2Interpretation
  101. 3Application
  102. 4Acquisition of land
  103. 5Removal of apparatus
  104. 6Facilities and rights for alternative apparatus
  105. 7Retained apparatus: protection of National Grid
  106. 8Expenses
  107. 9Indemnity
  108. 10Insurance
  109. 11Enactments and agreements
  110. 12Co-operation
  111. 13Access
  112. 14Arbitration
  113. Part 4: PROTECTION OF DŴR CYMRU CYFYNGEDIG
  114. 1Part to have effect unless otherwise agreed
  115. 2Interpretation
  116. 3Other enactments, etc. unaffected
  117. 4DCC apparatus not to be acquired, etc. except by agreement
  118. 5Precedence of Water Industry Act 1991
  119. 6Protection of DCC apparatus
  120. 7Suspension of works
  121. 8Co-operation
  122. 9Emergency works
  123. 10Insurance
  124. 11Indemnity
  125. 12Arbitration
  126. Schedule 5: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  127. 1Interpretation
  128. 2Applications made under Requirements
  129. 3Further information
  130. 4Appeals
  131. Explanatory note