The Riverside Energy Park Order 2020
S.I. 2020/419 · Made 9 April 2020 · Extends to England and Wales
Infrastructure Planning
Made 9th April 2020
Coming into force 1st May 2020
An application under section 37 of the Planning Act 2008 M1 (the “2008 Act”) has been made to the Secretary of State for an order granting development consent in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M2.
The application has been examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 M3. The Examining Authority has submitted a report and recommendation to the Secretary of State under section 83 M4 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 4 M5 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 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.
In accordance with section 127 M6 of the 2008 Act, the Secretary of State has applied the relevant tests and is satisfied that they have been met.
Accordingly, the Secretary of State, in exercise of the powers in sections 114, 115, 120, 122 and 123 of the 2008 Act, makes the following Order—
Annotations to the whole text
Marginal citations
- M1
2008 c.29. The relevant provisions of the 2008 Act are amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c.20).
- 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
2008 c.29. Section 83 was amended by paragraphs 35(2) and 35(3) of schedule 13(1) and paragraph 1 of Schedule 25(20) to the Localism Act 2011 (c.20).
- M5
- M6
2008 c.29. Section 127 was amended by section 23,(2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013 (c.27) and by paragraphs 64 (2) of Schedule 13(1) to the Localism Act 2011 (c.20).
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: WORK PROVISIONS
- Principal powers
- 3Development consent granted by the Order
- 4Maintenance of authorised development
- 5Operation of the authorised development
- 6Disapplication of legislative provisions and modifications to section 36 consent and RRRF planning permission
- 7Port of London Act 1968
- 8Benefit of this Order
- 9Consent to transfer benefit of the Order
- 10Guarantees in respect of payment of compensation
- Streets
- 11Street works
- 12Power to alter layout, etc., of streets
- 13Temporary prohibition or restriction of use of streets and public rights of way
- 14Permanent stopping up of streets
- 15Access to works
- 16Agreements with street authorities
- 17Traffic regulation measures
- Supplementary powers
- 18Discharge of water
- 19Authority to survey and investigate the land
- 20Protective work to buildings
- 21Felling or lopping of trees
- Part 3: POWERS OF ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 22Compulsory acquisition of land
- 23Time limit for exercise of authority to acquire land compulsorily
- 24Compulsory acquisition of rights
- 25Acquisition of subsoil only
- 26Private rights
- 27Power to override easements and other rights
- 28Application of the 1981 Act
- 29Modification of Part 1 of the 1965 Act
- 30Rights under or over streets
- Temporary possession of land
- 31Temporary use of land for carrying out the authorised development
- 32Temporary use of land for maintaining the authorised development
- Supplementary
- 33Statutory undertakers
- 34Apparatus and rights of statutory undertakers in stopped up streets
- 35Recovery of costs of new connections
- Part 4: MISCELLANEOUS AND GENERAL
- 36Application of landlord and tenant law
- 37Operational land for the purposes of the 1990 Act
- 38Defence to proceedings in respect of statutory nuisance
- 39Protective provisions
- 40Certification of plans etc.
- 41Service of notices
- 42Procedures in relation to certain approvals etc.
- 43No double recovery
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Schedule 2: REQUIREMENTS
- 1Time limits
- 2Detailed design approval
- 3Parameters of authorised development
- 4Pre–commencement biodiversity mitigation strategy
- 5Biodiversity and landscape mitigation strategy
- 6Replacement planting for Work No. 9
- 7Archaeology
- 8Highway access
- 9Surface and foul water drainage
- 10Ground conditions and ground stability
- 11Code of construction practice
- 12Construction Hours
- 13Construction traffic management plan(s)
- 14Heavy commercial vehicle movements delivering waste
- 15Emission limits – Work No. 1B
- 16Waste hierarchy scheme
- 17Operational worker travel plan
- 18Operational lighting strategy
- 19Control of operational noise
- 20River wall
- 21Community benefits
- 22Notice of start of commissioning and notice of date of final commissioning
- 23Phasing of construction and commissioning of Work No. 1
- 24Combined heat and power
- 25Use of compost material and gas from Work No. 1B
- 26Decommissioning
- 27Amendments to approved details
- 28Flood Risk Activity Permit Area
- 29Finished Floor Levels
- 30Metropolitan Open Land
- 31Delivery and Servicing Plan
- 32Tonnage cap
- 33Notification from the undertaker
- Schedule 3STREETS SUBJECT TO STREET WORKS
- Schedule 4: STREETS SUBJECT TO PERMANENT AND TEMPORARY ALTERATION OF LAYOUT
- 1PERMANENT ALTERATION OF LAYOUT
- 2TEMPORARY ALTERATION OF LAYOUT
- Schedule 5TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS OR PUBLIC RIGHTS OF WAY
- Schedule 6PERMANENT STOPPING UP OF STREETS
- Schedule 7: LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- 1Interpretation
- Schedule 8: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIVE COVENANTS
- 1Compensation enactments
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Paragraph 5
- Schedule 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 10: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF RRRL
- 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
- Part 2: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Part 3: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- Part 5: FOR THE PROTECTION OF RAILWAY INTERESTS
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- Part 6: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
- 66Paragraph 66
- 67Interpretation
- 68On Street Apparatus
- 69Apparatus of National Grid in stopped up streets
- 70Protective works to buildings
- 71Acquisition of land
- 72Removal of apparatus
- 73Facilities and rights for alternative apparatus
- 74Retained apparatus
- 75Expenses
- 76Indemnity
- 77Enactments and agreements
- 78Co–operation
- 79Access
- 80Arbitration
- 81Notices
- Part 7: FOR THE PROTECTION OF UK POWER NETWORKS LIMITED, LONDON POWER NETWORKS PLC AND SOUTH EAST POWER NETWORKS PLC
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- Part 8: FOR THE PROTECTION OF THAMES WATER UTILITIES LIMITED
- 94Application
- 95Interpretation
- 96Apparatus
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 102Paragraph 102
- 103Consultation
- Part 9: FOR THE PROTECTION OF SOUTHERN GAS NETWORKS PLC AS GAS UNDERTAKER
- 104Application
- 105Interpretation
- 106On Street Apparatus
- 107Apparatus of SGN in stopped up streets
- 108Protective works to buildings
- 109Acquisition of land
- 110Removal of apparatus
- 111Facilities and rights for alternative apparatus
- 112Retained apparatus: protection of SGN
- 113Expenses
- 114Indemnity
- 115Enactments and agreements
- 116Co-operation
- 117Access
- 118Arbitration
- 119Notices
- Schedule 11DOCUMENTS AND PLANS TO BE CERTIFIED
- Schedule 12: PROCEDURE IN RELATION TO CERTAIN APPROVALS ETC.
- 1Interpretation
- 2Applications made under requirements
- 3Further information and consultation
- 4Appeals
- 5Application to protective provisions
- Schedule 13: MODIFICATIONS TO THE SECTION 36 CONSENT AND RRRF PLANNING PERMISSION
- Part 1: SECTION 36 CONSENT
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part 2: RRRF PLANNING PERMISSION
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Explanatory note