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The Preesall Underground Gas Storage Facility Order 2015

S.I. 2015/1561 · Made 17 July 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2017.

Infrastructure Planning

Made 17th July 2015

Coming into force 7th August 2015

An application was made to the former Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009f1 for an order under sections 37, 114, 115, 120, 121, 122, 123, 142 and 149A of the Planning Act 2008f2 (“the 2008 Act”).

The application was examined by a Panel appointed by the Secretary of State pursuant to Chapter 2 of Part 6 of the 2008 Actf3, and the examination was carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010f4 (“the 2010 Rules”).

The Panel, having considered the application with the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74 of the 2008 Actf5 made a report and recommendation to the Secretary of State.

The Secretary of State refused the application on 9th April 2013, but, pursuant to a judgment of the High Court of Justice ([2013] EWHC 17 (Admin)) dated 17th January 2014, the Secretary of State was required to re-decide the application. The Secretary of State then invited further representations from interested parties in accordance with rule 20(2) of the 2010 Rules.

The Secretary of State, having considered the report and recommendation of the Panel and further representations received (under rule 20(2) of the 2010 Rules and otherwise), and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications.

The Secretary of State, in exercise of the powers conferred by sections 103, 114, 115, 120, 122, 123, 142 and 149A of the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 2009/2264, amended by S.I. 2010/439, 602, 2012/635, 2654, 2732, 2013/522, 755.

f2

2008 c. 29. The relevant provisions of the Planning Act 2008 are amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c. 20), and by sections 22-27 of the Growth and Infrastructure Act 2013 (c. 27) (see S.I. 2013/1124 for transitional provisions).

f3

Following the abolition of the Infrastructure Commission on 1st April 2012, a Panel appointed under section 61 of the 2008 Act is treated as if appointed by the Secretary of State by virtue of a direction given by the Secretary of State under section 129 of the Localism Act 2011.

f4

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

f5

Section 74 is amended by the Localism Act 2011, Schedule 13 paragraph 29(3) and Schedule 25 paragraph 1.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: WORKS PROVISIONS
  5. Principal powers
  6. 3Development consent etc. granted by the Order
  7. 4Maintenance of authorised development
  8. 5Limits of deviation
  9. 6Defence to proceedings in respect of statutory nuisance
  10. Benefit of Order
  11. 7Benefit of Order
  12. 8Transfer of benefit of Order
  13. Streets
  14. 9Street works
  15. 10Power to alter layout, etc., of streets
  16. 11Maintenance of altered streets
  17. 12Temporary stopping up of streets and rights of way
  18. 13Access to works
  19. 14Agreements with street authorities
  20. Supplemental powers
  21. 15Discharge of water
  22. 16Protective work to buildings
  23. 17Authority to survey and investigate the land
  24. Part 3: ACQUISITION AND POSSESSION OF LAND
  25. Powers of acquisition
  26. 18Compulsory acquisition of land
  27. 19Compulsory acquisition of rights
  28. 20Acquisition of subsoil only
  29. 21Power to override easements and other rights
  30. 22Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  31. Temporary possession of land
  32. 23Temporary use of land for carrying out the authorised development
  33. 24Temporary use of land for maintaining authorised development
  34. Compensation
  35. 25Disregard of certain interests and improvements
  36. 26Set-off for enhancement in value of retained land
  37. 27No double recovery
  38. Supplementary
  39. 28Acquisition of part of certain properties
  40. 29Statutory undertakers
  41. 30Recovery of costs of new connections
  42. 31Time limit for exercise of authority to acquire land compulsorily
  43. 32Private rights of way
  44. 33Rights under or over streets
  45. Part 4: MISCELLANEOUS AND GENERAL
  46. 34Application of landlord and tenant law
  47. 35Deemed licence for purposes of the 2009 Act
  48. 36Operational land for purposes of the 1990 Act
  49. 37Felling or lopping of trees or shrubs
  50. 38Protective provisions
  51. 39Certification of plans etc.
  52. 40Service of notices
  53. 41Arbitration
  54. 42Requirements
  55. 43Appeals relating to decisions under Requirements
  56. 44Crown land
  57. Signature
  58. Schedule 1: AUTHORISED DEVELOPMENT
  59. In the Borough of Wyre in the County of Lancashire and in the Irish Sea adjacent to the Borough of Wyre
  60. Schedule 2STREETS SUBJECT TO STREET WORKS
  61. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  62. Schedule 4STREETS AND RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
  63. Schedule 5ACCESS TO WORKS
  64. Schedule 6LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  65. Schedule 7: DEEMED LICENCE UNDER THE MARINE AND COASTAL ACCESS ACT 2009
  66. 1Interpretation
  67. 2Licence validity period
  68. 3Inspection of records etc.
  69. 4Rights of access
  70. 5Transfer
  71. 6Force majeure
  72. 7Licence conditions binding other parties
  73. 8Licensed activities
  74. 9Licensed location
  75. 10Reporting of engaged agents, contractors or sub-contractors
  76. 11Notification of vessels
  77. 12Distribution of copies
  78. 13Application of licence conditions
  79. 14Licence conditions prior to commencement of the licensed activities
  80. 15Licence conditions prior to commencement of the licensed activities
  81. 16Licence conditions prior to commencement of the licensed activities
  82. 17Licence conditions prior to commencement of the licensed activities
  83. 18Licence conditions prior to commencement of the licensed activities
  84. 19Licence conditions prior to commencement of the licensed activities
  85. 20Licence conditions prior to commencement of the licensed activities
  86. 21Licence conditions prior to commencement of the licensed activities
  87. 22Licence conditions prior to commencement of the licensed activities
  88. 23Licence conditions prior to commencement of the licensed activities
  89. 24Licence conditions prior to commencement of the licensed activities
  90. 25Licence conditions during construction of the licensed works
  91. 26Licence conditions during construction of the licensed works
  92. 27Licence conditions during construction of the licensed works
  93. 28Licence conditions during construction of the licensed works
  94. 29Licence conditions during construction of the licensed works
  95. 30Licence conditions during construction of the licensed works
  96. 31Licence conditions during construction of the licensed works
  97. 32Licence conditions during construction of the licensed works
  98. 33Licence conditions during construction of the licensed works
  99. 34Licence conditions during construction of the licensed works
  100. 35Licence conditions during construction of the licensed works
  101. 36Licence conditions during construction of the licensed works
  102. 37Licence conditions during construction of the licensed works
  103. 38Licence conditions during construction of the licensed works
  104. 39Licence conditions following completion of the licensed works
  105. 40Licence conditions following completion of the licensed works
  106. 41Licence conditions following completion of the licensed works
  107. 42Licence conditions following completion of the licensed works
  108. 43Changes approved by the MMO
  109. Schedule 8: PROTECTIVE PROVISIONS
  110. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  111. 1Application
  112. 2Interpretation
  113. 3Interpretation
  114. 4Temporarily stopped up streets
  115. 5Protective works to buildings
  116. 6Acquisition of apparatus
  117. 7Removal of apparatus
  118. 8Facilities and rights for alternative apparatus
  119. 9Retained apparatus: protection
  120. 10Expenses
  121. 11Indemnity
  122. 12Ground subsidence monitoring scheme in respect of United Utilities’ apparatus
  123. 13Enactments and agreements
  124. 14Co-operation
  125. 15Access
  126. 16Arbitration
  127. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. 3Paragraph 3
  131. 4Paragraph 4
  132. 5Paragraph 5
  133. 6Paragraph 6
  134. Part 3: FOR THE PROTECTION OF BLACKPOOL BOROUGH COUNCIL
  135. 1Application and interpretation
  136. 2Pedestrian and vehicular access
  137. 3Approval of plans
  138. 4Approval of plans
  139. 5Protective works
  140. 6Notice of works and maintenance
  141. 7Manner of carrying out specified and protective works
  142. 8Manner of carrying out specified and protective works
  143. 9Access for the carrying out of works in compliance with this Part
  144. 10Access for the carrying out of works in compliance with this Part
  145. 11Expenses
  146. 12Right to require maintenance of specified works
  147. 13Indemnity
  148. 14Indemnity
  149. 15Approvals and arbitration
  150. Schedule 9: REQUIREMENTS
  151. 1Interpretation
  152. 2Time limits
  153. 3Stages of authorised development
  154. 4Detailed design approval
  155. 5External materials approval
  156. 6Details of operational cavern layout and design
  157. 7European protected species
  158. 8Ecological management strategy scheme
  159. 9Landscape scheme
  160. 10Implementation and maintenance of landscaping
  161. 11Highway accesses
  162. 12Limits on heavy goods vehicle movements
  163. 13Covered heavy goods vehicles
  164. 14Wheel cleaning facilities
  165. 15Internal roads
  166. 16Temporary access routes
  167. 17Fencing and other means of enclosure
  168. 18Ground/surface water and pollution prevention
  169. 19Archaeology
  170. 20External lighting
  171. 21Construction hours
  172. 22Construction of and drilling operations in wellhead compound areas
  173. 23Code of construction practice
  174. 24Construction worker travel plan
  175. 25Disposal of filtered material
  176. 26Control of noise during construction and maintenance
  177. 27Control of noise during operational phase
  178. 28Control of dust emissions
  179. 29Protection of agricultural practice
  180. 30Soil stripping, handling and storage
  181. 31Decommissioning, restoration and aftercare scheme for submission prior to commencement of the authorised development
  182. 32Decommissioning of individual operational caverns during operational phase
  183. 33Decommissioning, restoration and aftercare scheme after permanent cessation of operations
  184. 34Maintenance of brine discharge pipeline, 132kV electrical circuits and NTS interconnector pipeline
  185. 35Ground subsidence monitoring scheme
  186. 36Signals
  187. 37River Wyre crossings
  188. 38Dedication agreement
  189. 39Requirement for written approval
  190. 40Amendments to approved details
  191. 41Changes approved by the relevant planning authority
  192. Explanatory note