The Sizewell C (Nuclear Generating Station) Order 2022
S.I. 2022/853 · Made 20 July 2022
Infrastructure Planning
Made 20th July 2022
Coming into force 11th August 2022
The application was examined by a Panel of five members (“the Panel”) in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rulesf3.
The Panel, having considered the application together with the documents that accompanied it and the representations made and not withdrawn, has submitted a report to the Secretary of State under section 74(2) of the 2008 Act setting out its findings, conclusions and recommendations in respect of the application.
The Secretary of State, has considered the report and recommendations of the Panel, has taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f4.
The Secretary of State having decided the application has determined to make an Order granting development consent for the development described in the application on terms which in the opinion of the Secretary of State are not materially different from those proposed in the application.
The Secretary of State in exercise of the powers conferred by section 114, 115, 120 and 149A of the 2008 Act, makes the following Order:
Annotations to the whole text
Footnotes
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2008 c. 29. Section 37 was amended by section 173(5) of, and paragraph 5 of Schedule 13 to the Localism Act 2011 (c. 20). Parts 1 to 7 were amended by Chapter 6 of, and Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).
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S.I. 2010/103, amended by S.I. 2012/635.
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Contents
- Part 1: GENERAL PROVISIONS
- Chapter: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc granted by Order
- 4Limits of deviation
- 5Effect of the Order on the Sizewell B relocated facilities permissions
- 6Maintenance of authorised development
- 7Authorisation of use
- 8Benefit of Order
- 9Consent to transfer benefit of the Order
- 10Enforcement of the Deed of Obligation
- 11Modification and discharge of Deed of Obligation
- 12Defence to proceedings in respect of statutory nuisance
- Part 3: STREETS
- 13Power to alter layout, etc., of streets
- 14Street works
- 15Application of the 1991 Act
- 16Permanent stopping up of streets, change of status, and extinguishment of private means of access
- 17Status of public rights of way created or improved
- 18Benefit of permanent private means of access and private rights of way created
- 19Temporary closure of streets and private means of access
- 20Use of private roads for construction
- 21Access to works
- 22Construction and maintenance of new and altered streets
- 23Agreements with street authorities
- 24Traffic regulation measures
- Part 4: SUPPLEMENTAL POWERS
- 25Discharge of water
- 26Protective work to buildings
- 27Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
- 28Compulsory acquisition of land
- 29Compulsory acquisition of land – incorporation of the mineral code
- 30Statutory authority to override easements and other rights
- 31Time limit for exercise of authority to acquire land compulsorily
- 32Compulsory acquisition of rights and imposition of restrictive covenants
- 33Private rights of way
- 34Application of the 1981 Act
- 35Acquisition of subsoil and airspace only
- 36Acquisition of part of certain properties
- 37Modification of the 1965 Act
- 38Rights under or over streets
- 39Temporary use of land for carrying out authorised development
- 40Time limit for exercise of authority to temporarily use land for carrying out the authorised development
- 41Temporary use of land for maintaining authorised development
- 42Statutory undertakers
- 43Apparatus and rights of statutory undertakers in stopped-up streets
- 44Acquisition of wayleaves, easements and other rights
- 45Recovery of costs of new connections
- 46No double recovery
- 47Protective provisions
- 48Use of airspace within the Order limits
- Part 6: HARBOUR POWERS
- 49Incorporation of the Harbours, Docks, and Piers Clauses Act 1847
- 50Further powers as to works and extinguishment of rights
- 51Harbour authority
- 52Agreements entered into by the undertaker
- 53Application of Pilotage Act 1987
- 54Limits of harbour
- 55Obstruction of work
- 56Obstruction of officers
- 57Abatement of works abandoned or decayed
- 58Survey of marine works
- 59Lights on marine works etc. during construction
- 60Provision against danger to navigation
- 61Permanent lights on marine works
- 62Rights to lease etc.
- 63Byelaws
- 64Confirmation of byelaws
- 65Power to make general directions to vessels
- 66Publication of general directions
- 67Power to make special directions to vessels
- 68Master’s responsibility in relation to directions
- 69Failure to comply with directions
- 70Enforcement of special directions
- 71Boarding of vessels
- 72Charges
- 73Use of beach landing facility and marine bulk import facility
- 74Duration of the powers in Part 6
- 75Saving for termination of Part 6
- 76Saving for Trinity House
- Part 7: DEEMED MARINE LICENCE
- 77Deemed marine licence under the 2009 Act
- Part 8: MISCELLANEOUS AND GENERAL
- 78Removal of human remains
- 79Application of landlord and tenant law
- 80Operational land for purposes of the 1990 Act
- 81Felling or lopping of trees and removal of hedgerows
- 82Certification of plans, etc.
- 83Service of notices
- 84Arbitration
- 85Procedure in relation to certain approvals etc.
- 86Application, exclusion and modification of legislative provisions
- 87Crown rights
- 88Security in respect of the payment of compensation etc.
- Signature
- Schedule 1: Authorised Development
- Sizewell C DCO Project:In the Districts of East Suffolk Council and West Suffolk Council and the County of Suffolk
- Part 1: NUMBERED WORKS
- Main development site: operational infrastructure and Sizewell B relocation works
- Main development site: cooling water infrastructure, drainage outfall, desalination intake and outfall infrastructure
- Main development site: accommodation campus
- Rail infrastructure
- Sports facilities
- Fen meadows and marsh harrier habitat
- Northern park and ride
- Southern park and ride
- Two village bypass
- Sizewell link road
- Freight management facility
- Yoxford roundabout and other highway improvement works
- 2OTHER ASSOCIATED DEVELOPMENT
- Schedule 2: Requirements
- 1Interpretation
- Schedule 3Land Plans
- Schedule 4Works Plans
- Schedule 5Rights of Way Plans
- Schedule 6Parameter Plans
- Schedule 7: Approved Plans
- 1MAIN DEVELOPMENT SITE AND MARINE WORKS – WORK NOS. 1, 2 AND 3
- 2RAIL INFRASTRUCTURE – WORK NO. 4
- 3SPORTS FACILITIES – WORK NO. 5
- 4NORTHERN PARK AND RIDE – WORK NO. 9
- 5SOUTHERN PARK AND RIDE – WORK NO. 10
- 6TWO VILLAGE BYPASS – WORK NO. 11
- 7SIZEWELL LINK ROAD – WORK NO. 12
- 8FREIGHT MANAGEMENT FACILITY – WORK NO. 13
- 9YOXFORD ROUNDABOUT AND OTHER HIGHWAY IMPROVEMENT WORKS – WORK NOS. 14, 15, 16 AND 17
- Schedule 8: Deemed approval of requirements relating to Sizewell B relocated facilities permission 1 and 2
- 1SIZEWELL B RELOCATED FACILITIES PERMISSION 1
- 2SIZEWELL B RELOCATED FACILITIES PERMISSION 2
- Schedule 9Streets subject to street works
- Schedule 10: Streets to be permanently stopped up, changed in status or private means of access extinguished
- 1STREETS TO BE STOPPED UP OR PRIVATE MEANS OF ACCESS TO BE EXTINGUISHED FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 2PRIVATE MEANS OF ACCESS TO BE EXTINGUISHED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 3STREET TO BE SUBJECT TO A CHANGE OF STATUS
- Schedule 11Status of public rights of way created or improved
- Schedule 12Benefit of permanent private means of access and private rights of way created
- Schedule 13: Streets and private means of access to be temporarily closed
- 1BEING STREETS TO BE TEMPORARILY CLOSED FOR WHICH A SUBSTITUTE IS NOT SPECIFIED
- 2BEING STREETS AND PRIVATE MEANS OF ACCESS TO BE TEMPORARILY CLOSED FOR WHICH A SUBSTITUTE IS SPECIFIED
- Schedule 14Traffic Regulation Measures
- Schedule 15Land in respect of which only rights etc may be acquired
- Schedule 16: Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants
- 1Compensation enactments
- 2Compensation enactments
- 3Compensation enactments
- 4Application of the 1965 Act
- 5Application of the 1965 Act
- 6Application of the 1965 Act
- 7Application of the 1965 Act
- 8Application of the 1965 Act
- 9Application of the 1965 Act
- 10Application of the 1965 Act
- Schedule 17Land of which only temporary possession may be taken
- Schedule 18: Acquisition of wayleaves, easements and other rights
- Part 1: ON BEHALF OF LICENCE HOLDERS
- 1Acquisition of necessary wayleaves
- 2Compulsory acquisition of easements or other rights
- 3Interpretation
- Part 2: ON BEHALF OF CODE OPERATORS
- 4Court imposition of code rights
- 5Compulsory acquisition of easements or other rights
- 6Interpretation
- Part 3: ON BEHALF OF WATER AND SEWERAGE UNDERTAKERS
- 7Compulsory acquisition of easements or other rights
- Part 4: ON BEHALF OF GAS TRANSPORTERS
- 8Compulsory acquisition of easements or other rights
- Schedule 19: Protective Provisions
- Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Application
- 2Interpretation
- 3On-street apparatus
- 4Acquisition of apparatus
- 5Removal of apparatus
- 6Facilities and rights for alternative apparatus
- 7Retained apparatus: protection
- 8Compensation
- 9Expenses
- 10Co-operation
- 11Agreements
- Part 2: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS NETWORKS
- 12Application
- 13Interpretation
- 14Electronic communications apparatus installed on, under or over any land
- 15Compensation
- 16Application
- 17Co-operation
- 18Enactments and agreements
- Part 3: NETWORK RAIL
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- Part 4: FOR THE PROTECTION OF ANGLIAN WATER
- 41Paragraph 41
- Part 5: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKERS
- 42Application
- 43Interpretation
- 44Interpretation
- 45Apparatus of National Grid in stopped up streets
- 46Protective works to buildings
- 47Acquisition of land
- 48Removal of apparatus
- 49Facilities and rights for alternative apparatus
- 50Retained apparatus: Protection of National Grid
- 51Expenses
- 52Indemnity
- 53Enactments and agreements
- 54Co-operation
- 55Access
- 56Arbitration
- 57Notices
- Part 6: FOR THE PROTECTION OF ESSEX AND SUFFOLK WATER
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Water Industry Act 1991
- 70Supply of potable water to the authorised development
- 71Condition 1
- 72Condition 1
- 73Condition 2
- 74Condition 2
- 75Condition 2
- Part 7: FOR THE PROTECTION OF EDF ENERGY NUCLEAR GENERATION LIMITED
- 76Application
- 77Interpretation
- 78Acquisition of Land
- 79Apparatus and/or Service Media of ENGL in stopped up streets
- 80Article 5
- 81Discharge or requirements
- 82Service Media plan
- 83Enactments and agreements
- 84Arbitration
- Part 8: FOR THE PROTECTION OF THE NUCLEAR DECOMMISSIONING AUTHORITY AND MAGNOX LIMITED
- 85Application
- 86Interpretation
- 87Acquisition of Land and Installations
- 88Right of access
- 89Removal of Installations and Execution of Specified Works
- 90Removal of Installations and Execution of Specified Works
- 91Removal of Installations and Execution of Specified Works
- 92Expenses
- 93Expenses
- 94Expenses
- 95Indemnity
- 96Enactments and agreements
- 97Co-operation
- 98Arbitration
- 99Installation(s) plan
- Part 9: FOR THE PROTECTION OF EAST ANGLIA ONE NORTH LIMITED
- 100Application
- 101Interpretation
- 102Interaction at Sizewell Gap
- 103Interaction at Snape Road
- 104Interaction at Friday Street
- 105Sizewell C proposed intake infrastructure
- 106Acquisition of land
- 107Arbitration
- Part 10: PROTECTION OF EAST ANGLIA TWO LIMITED
- 108Application
- 109Interpretation
- 110Interaction at Sizewell Gap
- 111Interaction at Snape Road
- 112Interaction at Friday Street
- 113Sizewell C proposed intake infrastructure
- 114Acquisition of land
- 115Arbitration
- Schedule 20Limits of Harbour
- Schedule 21: Deemed Marine Licence under Part 4 (Marine Licensing) of the Marine and Coastal Access Act 2009
- Part 1: INTRODUCTION
- 1Interpretation
- 2Addresses
- Part 2: LICENSED ACTIVITIES - GENERAL
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part 3: CONDITIONS
- 6General
- 7Pre-construction
- 8Pre-construction
- 9Pre-construction
- 10Pre-construction
- 11Pre-construction
- 12Pre-construction
- 13Pre-construction
- 14Pre-construction
- 15Pre-construction
- 16Pre-construction
- 17Pre-construction
- 18During construction, operation and maintenance
- 19During construction, operation and maintenance
- 20During construction, operation and maintenance
- 21During construction, operation and maintenance
- 22During construction, operation and maintenance
- 23During construction, operation and maintenance
- 24During construction, operation and maintenance
- 25During construction, operation and maintenance
- 26During construction, operation and maintenance
- 27During construction, operation and maintenance
- 28During construction, operation and maintenance
- 29During construction, operation and maintenance
- 30During construction, operation and maintenance
- 31During construction, operation and maintenance
- 32Dredging
- 33Dredging
- 34Dredging
- 35Aids to navigation
- 36Beach Landing Facility and Temporary Marine Bulk Import Facility
- 37Soft Coastal Defence Feature (SCDF)
- 38Combined Drainage Outfall (CDO)
- 39Cooling Water Intake and Outfall Heads, Shafts and Tunnels
- 40Cooling Water Intake and Outfall Heads, Shafts and Tunnels
- 41Cooling Water Intake and Outfall Heads, Shafts and Tunnels
- 42Cooling Water Intake and Outfall Heads, Shafts and Tunnels
- 43Cooling Water Intake and Outfall Heads, Shafts and Tunnels
- 44Cooling Water Intake and Outfall Heads, Shafts and Tunnels
- 45Cooling Water Intake and Outfall Heads, Shafts and Tunnels
- 46Cooling Water Intake and Outfall Heads, Shafts and Tunnels
- 4CO-ORDINATES
- Schedule 22Removal of important hedgerows
- Schedule 23Certified Documents
- Schedule 24: Procedure for approvals, consents and appeals
- 1Applications made under requirement
- 2Further information
- 3Fees
- 4Appeals
- 5Definitions
- Schedule 25: Miscellaneous Controls
- 1Introduction
- 2Highways Act 1980
- 3Community Infrastructure Levy Regulations 2010
- 4Town and Country Planning Act 1990
- 5Local Government (Miscellaneous Provisions) Act 1976
- Explanatory note