OpenLegislation

The River Humber Gas Pipeline Replacement Order 2016

S.I. 2016/853 · Made 25 August 2016 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 November 2017.

Infrastructure Planning

Made 25th August 2016

Coming into force 15th September 2016

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 the Examining Authority, which has made a report to the Secretary of State under section 83(1)(b) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the Examining Authority, has taken into account 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.

f2

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

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application, modification and disapplication of legislative provisions
  5. Part 2: Works Provisions
  6. 4Development consent, etc. granted by Order
  7. 5Maintenance of authorised project
  8. 6Operation of authorised project
  9. 7Limits of deviation
  10. 8Defence to proceedings in respect of statutory nuisance
  11. 9Benefit of Order
  12. 10Transfer of benefit of Order
  13. 11Street Works
  14. 12Power to alter layout, etc. of streets
  15. 13Construction and maintenance of new, altered or diverted streets
  16. 14Temporary stopping up of streets and public rights of way
  17. 15Access to works
  18. 16Traffic Regulation
  19. 17Agreements with street authorities
  20. 18Discharge of water
  21. 19Authority to survey and investigate the land
  22. 20Removal of human remains
  23. Part 3: Acquisition and possession of land
  24. 21Compulsory acquisition of land
  25. 22Compulsory acquisition of rights
  26. 23Extinguishment and suspension of private rights
  27. 24Acquisition of subsoil only
  28. 25Power to override easements and other rights
  29. 26Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  30. 27Temporary use of land for carrying out the authorised project
  31. 28Temporary use of land for maintaining the authorised project
  32. 29Disregard of certain interests and improvements
  33. 30Set-off for enhancement in value of retained land
  34. 31No double recovery
  35. 32Acquisition of part of certain properties
  36. 33Statutory undertakers
  37. 34Recovery of costs of new connections
  38. 35Time limit for exercise of authority to acquire land compulsorily
  39. 36Rights under or over streets
  40. 37Incorporation of the mineral code
  41. Part 4: Miscellaneous and general
  42. 38Application of landlord and tenant law
  43. 39Deemed consent under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009
  44. 40Operational land for purposes of the 1990 Act
  45. 41Felling or lopping of trees or shrubs
  46. 42Protective provisions
  47. 43Crown rights
  48. 44Certification of plans etc.
  49. 45Service of notices
  50. 46Arbitration
  51. 47Procedure in relation to certain approvals etc.
  52. Signature
  53. Schedule 1: Authorised project
  54. Part 1: Authorised development
  55. 1Paragraph 1
  56. Part 2: Further associated development and ancillary works
  57. 2Paragraph 2
  58. Schedule 2: Plans
  59. 1Works plans
  60. 2Land plans
  61. 3Access and rights of way plans
  62. 4Environmental statement
  63. Schedule 3: Requirements
  64. 1Interpretation
  65. 2Time limits
  66. 3Stages of the authorised project
  67. 4Detailed design approval
  68. 5Site Water Management Plan
  69. 6Site Waste Management Plan
  70. 7Removal of trees and hedgerows
  71. 8Hard landscaping and drainage
  72. 9Agricultural land drainage
  73. 10Archaeology
  74. 11Construction hours
  75. 12Construction Environmental Management Plan
  76. 13Noise
  77. 14Contaminated land and groundwater
  78. 15Construction traffic and accesses
  79. 16Restoration of land used temporarily for construction
  80. 17Temporary external lighting
  81. 18Environmental mitigation land
  82. 19Ecological Surveys
  83. 20Requirement for written approval
  84. 21Approved details and amendments to approved details
  85. Schedule 4Streets subject to street works
  86. Schedule 5Streets subject to alteration of layout
  87. Schedule 6Streets and public rights of way to be temporarily stopped up
  88. Schedule 7Access to works
  89. Schedule 8Land of which temporary possession may be taken
  90. Schedule 9: Deemed marine licence under Part 4 (Marine licensing) of the Marine and Coastal Access Act 2009
  91. Part 1: Introduction
  92. 1Interpretation
  93. 2Addresses
  94. Part 2: Licensed activities
  95. 3Paragraph 3
  96. Part 3: Conditions
  97. 4Paragraph 4
  98. 5Paragraph 5
  99. 6Paragraph 6
  100. 7Paragraph 7
  101. 8Paragraph 8
  102. 9Paragraph 9
  103. Schedule 10: Protective provisions
  104. Part 1: For the protection of electricity, gas, water and sewerage undertakers
  105. 1Application
  106. 2Interpretation
  107. 3On-street apparatus
  108. 4Acquisition of apparatus
  109. 5Removal of apparatus
  110. 6Retained apparatus: protection
  111. 7Cathodic protection testing
  112. 8Expenses
  113. 9Co-operation
  114. 10Arbitration
  115. Part 2: For the protection of operators of Electronic Communication Code Networks
  116. 1Effect
  117. 2Interpretation
  118. 3On-street apparatus
  119. 4Enactments and agreements in respect of apparatus in the undertaker’s land
  120. 5Arbitration
  121. Part 3: For the protection of the Environment Agency
  122. 1Paragraph 1
  123. 2Paragraph 2
  124. 3Paragraph 3
  125. 4Paragraph 4
  126. 5Paragraph 5
  127. 6Paragraph 6
  128. 7Paragraph 7
  129. 8Paragraph 8
  130. 9Paragraph 9
  131. 10Paragraph 10
  132. 11Paragraph 11
  133. 12Paragraph 12
  134. Part 4: For the protection of Anglian Water
  135. 1Paragraph 1
  136. Part 5: For the protection of Centrica
  137. 1Paragraph 1
  138. 2Interpretation
  139. 3Creation of rights and access for Centrica
  140. 4Apparatus
  141. 5Ground Subsidence Monitoring Scheme
  142. 6Cathodic Protection Testing
  143. 7Cathodic Protection Testing
  144. 8Removal of apparatus
  145. 9Facilities and rights for alternative apparatus
  146. 10Costs
  147. 11Requirement for agreement
  148. 12Disputes
  149. Schedule 11: Modification of compensation and compulsory purchase enactments for the creation of new rights
  150. 1Compensation enactments
  151. 2Compensation enactments
  152. 3Application of the 1965 Act
  153. 4Application of the 1965 Act
  154. 5Application of the 1965 Act
  155. 6Application of the 1965 Act
  156. 7Application of the 1965 Act
  157. 8Application of the 1965 Act
  158. Schedule 12: Procedure in relation to certain approvals etc.
  159. 1Determination of applications for specified consents
  160. 2Fees
  161. 3Appeals
  162. 4Outcome of Appeals
  163. 5Interpretation of this Schedule
  164. Explanatory note