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The Rookery South (Resource Recovery Facility) Order 2011

S.I. 2013/680 · Made 22 November 2011 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 3 April 2019.

Infrastructure Planning, England

Made 22nd November 2011

Laid before Parliament 29th November 2011

Coming into force 28th February 2013

An application has been made to the Infrastructure Planning Commission in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 for an Order granting development consent;

The application was examined by a Panel appointed by the Chair of the Infrastructure Planning Commission pursuant to Chapter 4 of Part 6 of the Planning Act 2008f2 (“the 2008 Act”);

The Panel, having considered the representations made and not withdrawn and the application with the documents that accompanied the application, in accordance with section 104 of the 2008 Act has determined to make an Order giving effect to the proposals comprised in the application with modifications which in its opinion do not make any substantial change in the proposals;

The Panel has sent a draft of the Order to the Secretary of State in accordance with subsection (2) of section 121 of the 2008 Act and the Secretary of State has not given a direction under subsection (3) of that section;

The Order authorises the compulsory acquisition of land which is the property of local authorities and of land which has been acquired by statutory undertakers for the purposes of their undertaking, representations have been made by the local authorities and statutory undertakers concerned about the application for the Order before the completion of the examination of the application, and the representations have not been withdrawn;

The Order will not come into force until it has been laid before Parliament and has been brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965f3;

Accordingly, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, the Infrastructure Planning Commission makes the following Order:C1

Annotations to the whole text

Modifications

C1

Order modified (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 37

Footnotes

f1

S.I. 2009/2264.

f2

2008 c.29.

f3

1945 (9 & 10 Geo.6 c.18) and 1965 c.43.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Development consent etc. granted by the Order
  4. 4Procedure in relation to approvals etc. under requirements
  5. 5Maintenance of authorised development
  6. 6Operation of generating station
  7. 7Benefit of the Order
  8. 8Guarantees in respect of payment of compensation
  9. 9Defence to proceedings in respect of statutory nuisance
  10. 10Street works
  11. 11Public rights of way
  12. 12Temporary stopping up of streets
  13. 13Access to works
  14. 14Agreements with street authorities
  15. 15Discharge of water
  16. 16Authority to survey and investigate the land
  17. 17Compulsory acquisition of land
  18. 18Power to override easements and other rights
  19. 19Time limit for exercise of authority to acquire land compulsorily
  20. 20Compulsory acquisition of rights
  21. 21Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  22. 22Acquisition of subsoil only
  23. 23Acquisition of part of certain properties
  24. 24Rights under or over streets
  25. 25Temporary use of land for carrying out the authorised development
  26. 26Temporary use of land for maintaining authorised development
  27. 27Statutory undertakers
  28. 28Railway undertakings
  29. 29Application of landlord and tenant law
  30. 30Operational land for purposes of the 1990 Act
  31. 31Felling or lopping of trees
  32. 32Certification of plans etc.
  33. 33Protection of Network Rail Infrastructure Limited
  34. 34Arbitration
  35. Signature
  36. Schedule 1: AUTHORISED DEVELOPMENT AND REQUIREMENTS
  37. 1AUTHORISED DEVELOPMENT
  38. 2REQUIREMENTS
  39. 1Time limits
  40. 2Type of waste to be treated
  41. 3Commencement
  42. 4Incineration, operation, etc.
  43. 5Detailed design approval
  44. 6Detailed design approval
  45. 7BREEAM Rating
  46. 8Provision of landscaping
  47. 9Implementation and maintenance of landscaping
  48. 10Highway accesses
  49. 11Fencing and other means of site perimeter enclosure
  50. 12Surface and foul water drainage
  51. 13Land stability
  52. 14Contamination and groundwater
  53. 15Archaeology
  54. 16Code of construction practice
  55. 17Control of noise during construction and operational phase
  56. 18Control of noise during construction and operational phase
  57. 19Control of noise during construction and operational phase
  58. 20Control of noise during construction and operational phase
  59. 21Control of noise during construction and operational phase
  60. 22Control of noise during construction and operational phase
  61. 23Control of noise during construction and operational phase
  62. 24Construction hours
  63. 25Combined Heat and Power
  64. 26Delivery hours and traffic management
  65. 27CCTV
  66. 28Loads to be covered
  67. 29Restoration
  68. 30Amendments to approved details
  69. 31Low level restoration scheme
  70. 32Incinerator bottom ash processing and storage
  71. 33Incinerator bottom ash processing and storage
  72. 34Incinerator bottom ash processing and storage
  73. 35Lighting strategy
  74. 36Connection to the national grid
  75. 37Visibility requirements at Green Lane/C94 junction
  76. 38Vehicle movements
  77. 39Travel plan
  78. 40Ecological management scheme
  79. 41Residual Waste Acceptance Scheme
  80. Schedule 2STREETS SUBJECT TO STREET WORKS
  81. Schedule 3: PUBLIC RIGHTS OF WAY
  82. 1PUBLIC RIGHTS OF WAY EXTINGUISHED
  83. 2RIGHTS OF WAY CREATED OR IMPROVED
  84. Schedule 4STREETS TO BE TEMPORARILY STOPPED UP
  85. Schedule 5ACCESS TO WORKS
  86. Schedule 6LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  87. Schedule 7: PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. 6Paragraph 6
  94. 7Paragraph 7
  95. 8Paragraph 8
  96. 9Paragraph 9
  97. 10Paragraph 10
  98. 11Paragraph 11
  99. 12Paragraph 12
  100. 13Paragraph 13
  101. 14Paragraph 14
  102. 15Paragraph 15
  103. 16Paragraph 16
  104. 17Paragraph 17
  105. 18Paragraph 18
  106. 19Paragraph 19
  107. 20Paragraph 20
  108. 21Paragraph 21
  109. Explanatory note