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The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020

S.I. 2020/325 · Made 20 March 2020 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 29 September 2020.

Infrastructure Planning

Made 20th March 2020

Coming into force 14th April 2020

An application has been made to the Secretary of State under section 37 of the Planning Act 2008 M1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M2 for an Order granting development consent.

The application was examined by a single appointed person (appointed by the Secretary of State) in accordance with Chapters 3 and 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 M3. The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 M4 of the 2008 Act, has submitted a report and recommendation to the Secretary of State.

The Secretary of State, has considered the representations made and not withdrawn, the report and recommendation of the single appointed person, has taken into account the environmental information in accordance with regulation 3 of the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 2009 M5 and has had regard to the documents and matters referred to in section 104(2) M6 of the 2008 Act.

The Secretary of State is satisfied that the special category land within the Order limits (as defined in article 28(3) of this Order), when burdened with any new rights authorised to be compulsorily acquired under this Order, will be no less advantageous than it was before to the 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, 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, 115 and 120 of the 2008 Act M7, makes the following Order:

Annotations to the whole text

Marginal citations

M1

2008 c.29.

M2

S.I. 2009/2264, amended by S.I 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, 2014/469, 2014/2381, 2015/377, 2015/1682, 2017/524, 2017/572 and S.I. 2018/378.

M3

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

M4

Section 83 was amended by the Localism Act 2011 (c.20) section 128(2) and 237, Schedule 13 paragraphs 1, 35 (1) to (4) and Schedule 25, Part 20.

M5

S.I. 2009/2263, amended by S.I. 2012/635 and 2012/787.

M6

Section 104(2) was amended by the Localism Act 2011 section 128(2) and Schedule 13 paragraphs 1, 49(1) and (3) and by the Marine and Coastal Access Act 2009 c.23, section 58(5).

M7

Sections 114, 115 and 120 were amended by the Localism Act 2011 section 128(2), Schedule 13 paragraphs 1, 55(1) to (3) and the Wales Act 2017 c.4, section 43 (1) to (3). There have been other amendments that are not relevant to this Order.

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. 4Limits of deviation
  7. 5Operation of authorised development
  8. 6Maintenance of authorised development
  9. 7Benefit of the Order
  10. 8Consent to transfer benefit of the Order
  11. Part 3: STREETS
  12. 9Power to alter layout, etc. of streets
  13. 10Street works
  14. 11Temporary prohibition or restriction of use of streets and public rights of way
  15. 12Traffic regulation
  16. 13Access to works
  17. 14Agreement with street authorities
  18. Part 4: SUPPLEMENTAL POWERS
  19. 15Discharge of water
  20. 16Authority to survey and investigate the land
  21. Part 5: POWERS OF ACQUISITION
  22. 17Compulsory acquisition of rights: incorporation of the mineral code
  23. 18Compulsory acquisition of rights
  24. 19Statutory authority to override easements and other rights
  25. 20Time limit for exercise of authority to acquire rights compulsorily
  26. 21Private rights
  27. 22Application of the 1981 Act
  28. 23Acquisition of subsoil or airspace only
  29. 24Modification of Part 1 of the 1965 Act
  30. 25Rights under or over streets
  31. 26Temporary use of land for carrying out the authorised development
  32. 27Temporary use of land for maintaining the authorised development
  33. 28Special category land
  34. 29Statutory undertakers
  35. 30Recovery of costs of new connections
  36. Part 6: OPERATIONS
  37. 31Felling or lopping of trees and removal of hedgerows
  38. Part 7: MISCELLANEOUS AND GENERAL
  39. 32Application of landlord and tenant law
  40. 33Operational land for the purposes of the 1990 Act
  41. 34Defence to proceedings in respect of statutory nuisance
  42. 35Certification of plans etc.
  43. 36Service of notices
  44. 37Procedure in relation to certain approvals etc.
  45. 38Arbitration
  46. Signature
  47. Schedule 1: AUTHORISED DEVELOPMENT
  48. Paragraph
  49. Part
  50. Chapter: OSWESTRY SUBSTATION (Associated Development)
  51. Paragraph
  52. Part
  53. Chapter: 132kV UNDERGROUND CABLE (Associated Development)
  54. Paragraph
  55. Part
  56. Chapter: 132kV OVERHEAD LINE (Nationally Significant Infrastructure Project)
  57. Paragraph
  58. Part
  59. Chapter: LOWER VOLTAGE DIVERSIONS (Associated Development)
  60. Paragraph
  61. Paragraph
  62. Part
  63. Chapter: WEM SUBSTATION (Associated Development)
  64. Paragraph
  65. Schedule 2: REQUIREMENTS
  66. 1Interpretation
  67. 2Time limits
  68. 3Compliance with approved details
  69. 4Restriction on the limits of deviation
  70. 5Plans
  71. 6Felling
  72. 7Construction hours
  73. 8Contaminated land and groundwater
  74. 9Construction environmental management plan
  75. 10Approved plans and amendments to approved plans
  76. 11A5(T) Traffic Management Crossing
  77. Schedule 3STREETS SUBJECT TO STREET WORKS
  78. Schedule 4: MODIFICATION OF THE COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  79. Part: COMPENSATION ENACTMENTS
  80. 1Paragraph 1
  81. Part: MODIFICATION OF THE LAND COMPENSATION ACT 1973
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. Part: APPLICATION OF PART 1 OF THE 1965 ACT
  85. 4Paragraph 4
  86. 5Paragraph 5
  87. Schedule 5LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  88. Schedule 6: PROTECTIVE PROVISIONS
  89. Part 1: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. Part 2: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  96. 6Paragraph 6
  97. 7Paragraph 7
  98. 8Paragraph 8
  99. 9Paragraph 9
  100. 10Paragraph 10
  101. 11Paragraph 11
  102. 12Paragraph 12
  103. Part 3: FOR THE PROTECTION OF NETWORK RAIL
  104. 13Paragraph 13
  105. 14Paragraph 14
  106. 15Paragraph 15
  107. 16Paragraph 16
  108. 17Paragraph 17
  109. 18Paragraph 18
  110. 19Paragraph 19
  111. 20Paragraph 20
  112. 21Paragraph 21
  113. 22Paragraph 22
  114. 23Paragraph 23
  115. 24Paragraph 24
  116. 25Paragraph 25
  117. 26Paragraph 26
  118. 27Paragraph 27
  119. 28Paragraph 28
  120. 29Paragraph 29
  121. 30Paragraph 30
  122. 31Paragraph 31
  123. 32Paragraph 32
  124. 33Paragraph 33
  125. Part 4: FOR THE PROTECTION OF CANAL & RIVER TRUST
  126. 34Interpretation
  127. 35Powers requiring the Trust's consent
  128. 36Approval of plans, protective works etc.
  129. 37Design of works
  130. 38Notice of works
  131. 39Construction of specified works
  132. 40Prevention of pollution
  133. 41Access to work – provision of information
  134. 42Alterations to the waterway
  135. 43Maintenance of works
  136. 44Repayment of the Trust's fees, etc.
  137. 45Making good of detriment; compensation and indemnity, etc.
  138. 46Arbitration
  139. 47Capitalised sums
  140. 48Vehicles, plant and machinery
  141. 49Fencing
  142. 50Survey of waterway
  143. 51Further engagement
  144. Part 5: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
  145. 52Application
  146. 53Interpretation
  147. 54On Street Apparatus
  148. 55Acquisition of land
  149. 56Removal of apparatus
  150. 57Facilities and rights for alternative apparatus
  151. 58Retained apparatus: Protection of National Grid as Electricity Undertaker
  152. 59Expenses
  153. 60Indemnity
  154. 61Enactments and agreements
  155. 62Co-operation
  156. 63Access
  157. 64Arbitration
  158. 65Notices
  159. Part 6: FOR THE PROTECTION OF HIGHWAYS ENGLAND
  160. 66Application
  161. 67Interpretation
  162. 68Prior approvals
  163. 69Construction of the HE works
  164. 70Payments
  165. 71Indemnity
  166. 72Arbitration
  167. Schedule 7: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  168. 1Applications made under requirements
  169. 2Further information
  170. 3Fees
  171. 4Appeals
  172. 5Interpretation of Schedule 7
  173. Schedule 8REMOVAL OF IMPORTANT HEDGEROWS
  174. Schedule 9: DOCUMENTS TO BE CERTIFIED
  175. Paragraph
  176. Paragraph
  177. Paragraph
  178. Paragraph
  179. Paragraph
  180. Paragraph
  181. Explanatory note