The Port Talbot Steelworks Generating Station Order 2015
S.I. 2015/1984 · Made 8 December 2015 · Extends to England, Wales and Scotland
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
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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
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S.I. 2009/2263; regulation 3 was amended by S.I. 2012/635 and 2012/787.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent granted by Order
- 4Power to maintain authorised development
- 5Operation of generating station
- 6Benefit of Order
- 7Consent to transfer benefit of Order
- 8Defence to proceedings in respect of statutory nuisance
- Part 3: STREETS
- 9Street works
- Part 4: SUPPLEMENTAL POWERS
- 10Discharge of water
- 11Authority to survey and investigate land
- Part 5: POWERS OF ACQUISITION
- 12Compulsory acquisition of rights
- 13Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 14Compulsory acquisition of land: minerals
- 15Time limit for exercise of authority to acquire rights compulsorily
- 16Acquisition of subsoil or airspace only
- 17Private rights
- 18Statutory undertakers
- Part 6: MISCELLANEOUS AND GENERAL
- 19Application of landlord and tenant law
- 20Operational land for purposes of 1990 Act
- 21Protective provisions
- 22Certification of plans, etc.
- 23Service of notices
- 24Procedure in relation to certain approvals, etc.
- 25Arbitration
- 26Crown rights
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Stages of authorised development
- 4Detailed design
- 5Decommissioning of existing generating station
- 6Provision of landscaping
- 7Fencing and other means of enclosure
- 8Archaeology
- 9Habitat management plan
- 10Code of construction practice
- 11Approval and implementation of noise management plan, etc.
- 12External lighting
- 13Construction hours
- 14Control of noise during operational phase
- 15Surface and foul water drainage
- 16Aviation safety
- 17Air quality monitoring
- 18Contaminated land and groundwater
- 19Construction compound
- Schedule 3: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Compensation enactments modified
- 2Land Compensation Act 1973 modified
- 31965 Act modified
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 4: PROTECTIVE PROVISIONS
- Part 1: PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED, ETC.
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Part 2: PROTECTION OF WESTERN POWER DISTRIBUTION (SOUTH WALES) PLC
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 3: PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC
- 1Part to have effect unless otherwise agreed
- 2Interpretation
- 3Application
- 4Acquisition of land
- 5Removal of apparatus
- 6Facilities and rights for alternative apparatus
- 7Retained apparatus: protection of National Grid
- 8Expenses
- 9Indemnity
- 10Insurance
- 11Enactments and agreements
- 12Co-operation
- 13Access
- 14Arbitration
- Part 4: PROTECTION OF DŴR CYMRU CYFYNGEDIG
- 1Part to have effect unless otherwise agreed
- 2Interpretation
- 3Other enactments, etc. unaffected
- 4DCC apparatus not to be acquired, etc. except by agreement
- 5Precedence of Water Industry Act 1991
- 6Protection of DCC apparatus
- 7Suspension of works
- 8Co-operation
- 9Emergency works
- 10Insurance
- 11Indemnity
- 12Arbitration
- Schedule 5: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Interpretation
- 2Applications made under Requirements
- 3Further information
- 4Appeals
- Explanatory note