OpenLegislation

The Progress Power (Gas Fired Power Station) Order 2015

S.I. 2015/1570 · Made 23 July 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 28 July 2020.

Infrastructure Planning

Made 23rd July 2015

Coming into force 14th August 2015

An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 for an Order under sections 114, 115 and 120 of the Planning Act 2008f2 (“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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents has submitted a report and recommendation to the Secretary of State.

The Secretary of State, having considered the report and recommendation of the single appointed person, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals.

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

S.I. 2009/2264 as amended by the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522). There are other amendments to the Regulations which are not relevant to this Order.

f2

2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c.20), and by sections 22 to 27 of the Growth and Infrastructure Act 2013 (c.27), see S.I. 2013/1124 for transitional provisions.

f3

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

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Operation of authorised development
  8. 6Benefit of the Order
  9. 7Guarantees in respect of payment of compensation
  10. 8Application and modification of legislative provisions
  11. Part 3: STREETS
  12. 9Power to alter layout, etc., of streets
  13. 10Street works
  14. 11Construction and maintenance of new or altered means of access
  15. 12Temporary prohibition or restriction of use of streets
  16. 13Access to works
  17. 14Agreements with street authorities
  18. Part 4: SUPPLEMENTAL POWERS
  19. 15Discharge of water
  20. 16Authority to survey and investigate the land
  21. 17Removal of human remains
  22. Part 5: POWERS OF ACQUISITION
  23. 18Compulsory acquisition of land
  24. 19Statutory authority to override easements and other rights
  25. 20Time limit for exercise of authority to acquire land compulsorily
  26. 21Compulsory acquisition of rights etc.
  27. 22Private rights
  28. 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  29. 24Acquisition of subsoil only
  30. 25Acquisition of part of certain properties
  31. 26Rights under or over streets
  32. 27Temporary use of land for carrying out the authorised development
  33. 28Temporary use of land for maintaining the authorised development
  34. 29Statutory undertakers
  35. 30Apparatus and rights of statutory undertakers in streets subject to temporary prohibition or restriction
  36. 31Recovery of costs of new connections
  37. Part 6: OPERATIONS
  38. 32Felling or lopping of trees and removal of hedgerows
  39. Part 7: MISCELLANEOUS AND GENERAL
  40. 33Application of landlord and tenant law
  41. 34Cases in which land is to be treated as not being operational land
  42. 35Defence to proceedings in respect of statutory nuisance
  43. 36Protective provisions
  44. 37Certification of plans etc.
  45. 38Service of notices
  46. 39Procedure in relation to certain approvals etc.
  47. 40Arbitration
  48. Signature
  49. Schedule 1AUTHORISED DEVELOPMENT
  50. Schedule 2: REQUIREMENTS
  51. 1Time limits
  52. 2Numbered Works
  53. 3Detailed Design
  54. 4Provision of landscaping
  55. 5Implementation and maintenance of landscaping
  56. 6Highway accesses
  57. 7Fencing and other means of enclosure
  58. 8Surface and foul water drainage
  59. 9Archaeology
  60. 10Ecological management plan
  61. 11Construction Environment Management Plan
  62. 12Land contamination
  63. 13Construction traffic
  64. 14Construction Travel Plan
  65. 15Travel plan during operational phase
  66. 16Construction hours
  67. 17Control of noise during operational phase
  68. 18Control of artificial light emissions during operational phase
  69. 19European protected species
  70. 20Operation of the authorised development
  71. 21Decommissioning strategy
  72. 22Amendments to approved details
  73. 23Date of final commissioning and cessation
  74. Schedule 3: STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT
  75. 1PERMANENT ALTERATION OF LAYOUT
  76. 2TEMPORARY ALTERATION OF LAYOUT
  77. Schedule 4STREETS SUBJECT TO STREET WORKS
  78. Schedule 5TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS
  79. Schedule 6: ACCESS
  80. 1THOSE PARTS OF THE ACCESSES TO BE MAINTAINED AT THE PUBLIC EXPENSE
  81. 2THOSE PARTS OF THE ACCESSES TO BE MAINTAINED BY THE STREET AUTHORITY
  82. 3THOSE WORKS TO RESTORE TEMPORARY ACCESSES WHICH WILL BE MAINTAINED BY THE STREET AUTHORITY
  83. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  84. Compensation enactments
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. Application of the 1965 Act
  88. 3Paragraph 3
  89. 4Paragraph 4
  90. 5Paragraph 5
  91. 6Paragraph 6
  92. 7Paragraph 7
  93. 8Paragraph 8
  94. 9Paragraph 9
  95. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  96. Schedule 9: PROTECTIVE PROVISIONS
  97. Part 1: FOR THE PROTECTION OF NATIONAL GRID
  98. 1Application
  99. 2Interpretation
  100. 3Interpretation
  101. 4Apparatus of National Grid in streets subject to temporary prohibition or restriction
  102. 5Acquisition of land
  103. 6Removal of apparatus
  104. 7Facilities and rights for alternative apparatus
  105. 8Retained apparatus: protection of National Grid as Gas Undertaker
  106. 9Retained apparatus: protection of National Grid as Electricity Undertaker
  107. 10Expenses
  108. 11Indemnity
  109. 12Enactments and agreements
  110. 13Co-operation
  111. 14Access
  112. 15Arbitration
  113. Part 2: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  114. 16Paragraph 16
  115. 17Paragraph 17
  116. 18Paragraph 18
  117. 19Paragraph 19
  118. 20Paragraph 20
  119. 21Paragraph 21
  120. 22Paragraph 22
  121. 23Paragraph 23
  122. 24Paragraph 24
  123. 25Paragraph 25
  124. 26Paragraph 26
  125. Part 3: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  126. 27Paragraph 27
  127. 28Paragraph 28
  128. 29Paragraph 29
  129. 30Paragraph 30
  130. 31Paragraph 31
  131. Part 4: FOR THE PROTECTION OF EASTERN POWER NETWORKS
  132. 32Paragraph 32
  133. 33Paragraph 33
  134. 34Paragraph 34
  135. 35Paragraph 35
  136. 36Paragraph 36
  137. 37Paragraph 37
  138. 38Paragraph 38
  139. 39Paragraph 39
  140. 40Paragraph 40
  141. 41Paragraph 41
  142. 42Paragraph 42
  143. Schedule 10: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  144. 1Applications made under Requirements
  145. 2Further information
  146. 3Appeals
  147. Schedule 11REMOVAL OF IMPORTANT HEDGEROWS
  148. Explanatory note