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The Sizewell C (Nuclear Generating Station) Order 2022

S.I. 2022/853 · Made 20 July 2022

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Infrastructure Planning

Made 20th July 2022

Coming into force 11th August 2022

An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (the “2008 Act”)f1 and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 for an Order granting development consent.

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having considered the application together with the documents that accompanied it and the representations made and not withdrawn, has submitted a report to the Secretary of State under section 74(2) of the 2008 Act setting out its findings, conclusions and recommendations in respect of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

f1

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).

f2

S.I. 2009/2264.

f3

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

f4

S.I. 2017/572.

Contents

  1. Part 1: GENERAL PROVISIONS
  2. Chapter: Preliminary
  3. 1Citation and commencement
  4. 2Interpretation
  5. Part 2: PRINCIPAL POWERS
  6. 3Development consent etc granted by Order
  7. 4Limits of deviation
  8. 5Effect of the Order on the Sizewell B relocated facilities permissions
  9. 6Maintenance of authorised development
  10. 7Authorisation of use
  11. 8Benefit of Order
  12. 9Consent to transfer benefit of the Order
  13. 10Enforcement of the Deed of Obligation
  14. 11Modification and discharge of Deed of Obligation
  15. 12Defence to proceedings in respect of statutory nuisance
  16. Part 3: STREETS
  17. 13Power to alter layout, etc., of streets
  18. 14Street works
  19. 15Application of the 1991 Act
  20. 16Permanent stopping up of streets, change of status, and extinguishment of private means of access
  21. 17Status of public rights of way created or improved
  22. 18Benefit of permanent private means of access and private rights of way created
  23. 19Temporary closure of streets and private means of access
  24. 20Use of private roads for construction
  25. 21Access to works
  26. 22Construction and maintenance of new and altered streets
  27. 23Agreements with street authorities
  28. 24Traffic regulation measures
  29. Part 4: SUPPLEMENTAL POWERS
  30. 25Discharge of water
  31. 26Protective work to buildings
  32. 27Authority to survey and investigate the land
  33. Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
  34. 28Compulsory acquisition of land
  35. 29Compulsory acquisition of land – incorporation of the mineral code
  36. 30Statutory authority to override easements and other rights
  37. 31Time limit for exercise of authority to acquire land compulsorily
  38. 32Compulsory acquisition of rights and imposition of restrictive covenants
  39. 33Private rights of way
  40. 34Application of the 1981 Act
  41. 35Acquisition of subsoil and airspace only
  42. 36Acquisition of part of certain properties
  43. 37Modification of the 1965 Act
  44. 38Rights under or over streets
  45. 39Temporary use of land for carrying out authorised development
  46. 40Time limit for exercise of authority to temporarily use land for carrying out the authorised development
  47. 41Temporary use of land for maintaining authorised development
  48. 42Statutory undertakers
  49. 43Apparatus and rights of statutory undertakers in stopped-up streets
  50. 44Acquisition of wayleaves, easements and other rights
  51. 45Recovery of costs of new connections
  52. 46No double recovery
  53. 47Protective provisions
  54. 48Use of airspace within the Order limits
  55. Part 6: HARBOUR POWERS
  56. 49Incorporation of the Harbours, Docks, and Piers Clauses Act 1847
  57. 50Further powers as to works and extinguishment of rights
  58. 51Harbour authority
  59. 52Agreements entered into by the undertaker
  60. 53Application of Pilotage Act 1987
  61. 54Limits of harbour
  62. 55Obstruction of work
  63. 56Obstruction of officers
  64. 57Abatement of works abandoned or decayed
  65. 58Survey of marine works
  66. 59Lights on marine works etc. during construction
  67. 60Provision against danger to navigation
  68. 61Permanent lights on marine works
  69. 62Rights to lease etc.
  70. 63Byelaws
  71. 64Confirmation of byelaws
  72. 65Power to make general directions to vessels
  73. 66Publication of general directions
  74. 67Power to make special directions to vessels
  75. 68Master’s responsibility in relation to directions
  76. 69Failure to comply with directions
  77. 70Enforcement of special directions
  78. 71Boarding of vessels
  79. 72Charges
  80. 73Use of beach landing facility and marine bulk import facility
  81. 74Duration of the powers in Part 6
  82. 75Saving for termination of Part 6
  83. 76Saving for Trinity House
  84. Part 7: DEEMED MARINE LICENCE
  85. 77Deemed marine licence under the 2009 Act
  86. Part 8: MISCELLANEOUS AND GENERAL
  87. 78Removal of human remains
  88. 79Application of landlord and tenant law
  89. 80Operational land for purposes of the 1990 Act
  90. 81Felling or lopping of trees and removal of hedgerows
  91. 82Certification of plans, etc.
  92. 83Service of notices
  93. 84Arbitration
  94. 85Procedure in relation to certain approvals etc.
  95. 86Application, exclusion and modification of legislative provisions
  96. 87Crown rights
  97. 88Security in respect of the payment of compensation etc.
  98. Signature
  99. Schedule 1: Authorised Development
  100. Sizewell C DCO Project:In the Districts of East Suffolk Council and West Suffolk Council and the County of Suffolk
  101. Part 1: NUMBERED WORKS
  102. Main development site: operational infrastructure and Sizewell B relocation works
  103. Main development site: cooling water infrastructure, drainage outfall, desalination intake and outfall infrastructure
  104. Main development site: accommodation campus
  105. Rail infrastructure
  106. Sports facilities
  107. Fen meadows and marsh harrier habitat
  108. Northern park and ride
  109. Southern park and ride
  110. Two village bypass
  111. Sizewell link road
  112. Freight management facility
  113. Yoxford roundabout and other highway improvement works
  114. 2OTHER ASSOCIATED DEVELOPMENT
  115. Schedule 2: Requirements
  116. 1Interpretation
  117. Schedule 3Land Plans
  118. Schedule 4Works Plans
  119. Schedule 5Rights of Way Plans
  120. Schedule 6Parameter Plans
  121. Schedule 7: Approved Plans
  122. 1MAIN DEVELOPMENT SITE AND MARINE WORKS – WORK NOS. 1, 2 AND 3
  123. 2RAIL INFRASTRUCTURE – WORK NO. 4
  124. 3SPORTS FACILITIES – WORK NO. 5
  125. 4NORTHERN PARK AND RIDE – WORK NO. 9
  126. 5SOUTHERN PARK AND RIDE – WORK NO. 10
  127. 6TWO VILLAGE BYPASS – WORK NO. 11
  128. 7SIZEWELL LINK ROAD – WORK NO. 12
  129. 8FREIGHT MANAGEMENT FACILITY – WORK NO. 13
  130. 9YOXFORD ROUNDABOUT AND OTHER HIGHWAY IMPROVEMENT WORKS – WORK NOS. 14, 15, 16 AND 17
  131. Schedule 8: Deemed approval of requirements relating to Sizewell B relocated facilities permission 1 and 2
  132. 1SIZEWELL B RELOCATED FACILITIES PERMISSION 1
  133. 2SIZEWELL B RELOCATED FACILITIES PERMISSION 2
  134. Schedule 9Streets subject to street works
  135. Schedule 10: Streets to be permanently stopped up, changed in status or private means of access extinguished
  136. 1STREETS TO BE STOPPED UP OR PRIVATE MEANS OF ACCESS TO BE EXTINGUISHED FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  137. 2PRIVATE MEANS OF ACCESS TO BE EXTINGUISHED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  138. 3STREET TO BE SUBJECT TO A CHANGE OF STATUS
  139. Schedule 11Status of public rights of way created or improved
  140. Schedule 12Benefit of permanent private means of access and private rights of way created
  141. Schedule 13: Streets and private means of access to be temporarily closed
  142. 1BEING STREETS TO BE TEMPORARILY CLOSED FOR WHICH A SUBSTITUTE IS NOT SPECIFIED
  143. 2BEING STREETS AND PRIVATE MEANS OF ACCESS TO BE TEMPORARILY CLOSED FOR WHICH A SUBSTITUTE IS SPECIFIED
  144. Schedule 14Traffic Regulation Measures
  145. Schedule 15Land in respect of which only rights etc may be acquired
  146. Schedule 16: Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants
  147. 1Compensation enactments
  148. 2Compensation enactments
  149. 3Compensation enactments
  150. 4Application of the 1965 Act
  151. 5Application of the 1965 Act
  152. 6Application of the 1965 Act
  153. 7Application of the 1965 Act
  154. 8Application of the 1965 Act
  155. 9Application of the 1965 Act
  156. 10Application of the 1965 Act
  157. Schedule 17Land of which only temporary possession may be taken
  158. Schedule 18: Acquisition of wayleaves, easements and other rights
  159. Part 1: ON BEHALF OF LICENCE HOLDERS
  160. 1Acquisition of necessary wayleaves
  161. 2Compulsory acquisition of easements or other rights
  162. 3Interpretation
  163. Part 2: ON BEHALF OF CODE OPERATORS
  164. 4Court imposition of code rights
  165. 5Compulsory acquisition of easements or other rights
  166. 6Interpretation
  167. Part 3: ON BEHALF OF WATER AND SEWERAGE UNDERTAKERS
  168. 7Compulsory acquisition of easements or other rights
  169. Part 4: ON BEHALF OF GAS TRANSPORTERS
  170. 8Compulsory acquisition of easements or other rights
  171. Schedule 19: Protective Provisions
  172. Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  173. 1Application
  174. 2Interpretation
  175. 3On-street apparatus
  176. 4Acquisition of apparatus
  177. 5Removal of apparatus
  178. 6Facilities and rights for alternative apparatus
  179. 7Retained apparatus: protection
  180. 8Compensation
  181. 9Expenses
  182. 10Co-operation
  183. 11Agreements
  184. Part 2: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS NETWORKS
  185. 12Application
  186. 13Interpretation
  187. 14Electronic communications apparatus installed on, under or over any land
  188. 15Compensation
  189. 16Application
  190. 17Co-operation
  191. 18Enactments and agreements
  192. Part 3: NETWORK RAIL
  193. 19Paragraph 19
  194. 20Paragraph 20
  195. 21Paragraph 21
  196. 22Paragraph 22
  197. 23Paragraph 23
  198. 24Paragraph 24
  199. 25Paragraph 25
  200. 26Paragraph 26
  201. 27Paragraph 27
  202. 28Paragraph 28
  203. 29Paragraph 29
  204. 30Paragraph 30
  205. 31Paragraph 31
  206. 32Paragraph 32
  207. 33Paragraph 33
  208. 34Paragraph 34
  209. 35Paragraph 35
  210. 36Paragraph 36
  211. 37Paragraph 37
  212. 38Paragraph 38
  213. 39Paragraph 39
  214. 40Paragraph 40
  215. Part 4: FOR THE PROTECTION OF ANGLIAN WATER
  216. 41Paragraph 41
  217. Part 5: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKERS
  218. 42Application
  219. 43Interpretation
  220. 44Interpretation
  221. 45Apparatus of National Grid in stopped up streets
  222. 46Protective works to buildings
  223. 47Acquisition of land
  224. 48Removal of apparatus
  225. 49Facilities and rights for alternative apparatus
  226. 50Retained apparatus: Protection of National Grid
  227. 51Expenses
  228. 52Indemnity
  229. 53Enactments and agreements
  230. 54Co-operation
  231. 55Access
  232. 56Arbitration
  233. 57Notices
  234. Part 6: FOR THE PROTECTION OF ESSEX AND SUFFOLK WATER
  235. 58Paragraph 58
  236. 59Paragraph 59
  237. 60Paragraph 60
  238. 61Paragraph 61
  239. 62Paragraph 62
  240. 63Paragraph 63
  241. 64Paragraph 64
  242. 65Paragraph 65
  243. 66Paragraph 66
  244. 67Paragraph 67
  245. 68Paragraph 68
  246. 69Water Industry Act 1991
  247. 70Supply of potable water to the authorised development
  248. 71Condition 1
  249. 72Condition 1
  250. 73Condition 2
  251. 74Condition 2
  252. 75Condition 2
  253. Part 7: FOR THE PROTECTION OF EDF ENERGY NUCLEAR GENERATION LIMITED
  254. 76Application
  255. 77Interpretation
  256. 78Acquisition of Land
  257. 79Apparatus and/or Service Media of ENGL in stopped up streets
  258. 80Article 5
  259. 81Discharge or requirements
  260. 82Service Media plan
  261. 83Enactments and agreements
  262. 84Arbitration
  263. Part 8: FOR THE PROTECTION OF THE NUCLEAR DECOMMISSIONING AUTHORITY AND MAGNOX LIMITED
  264. 85Application
  265. 86Interpretation
  266. 87Acquisition of Land and Installations
  267. 88Right of access
  268. 89Removal of Installations and Execution of Specified Works
  269. 90Removal of Installations and Execution of Specified Works
  270. 91Removal of Installations and Execution of Specified Works
  271. 92Expenses
  272. 93Expenses
  273. 94Expenses
  274. 95Indemnity
  275. 96Enactments and agreements
  276. 97Co-operation
  277. 98Arbitration
  278. 99Installation(s) plan
  279. Part 9: FOR THE PROTECTION OF EAST ANGLIA ONE NORTH LIMITED
  280. 100Application
  281. 101Interpretation
  282. 102Interaction at Sizewell Gap
  283. 103Interaction at Snape Road
  284. 104Interaction at Friday Street
  285. 105Sizewell C proposed intake infrastructure
  286. 106Acquisition of land
  287. 107Arbitration
  288. Part 10: PROTECTION OF EAST ANGLIA TWO LIMITED
  289. 108Application
  290. 109Interpretation
  291. 110Interaction at Sizewell Gap
  292. 111Interaction at Snape Road
  293. 112Interaction at Friday Street
  294. 113Sizewell C proposed intake infrastructure
  295. 114Acquisition of land
  296. 115Arbitration
  297. Schedule 20Limits of Harbour
  298. Schedule 21: Deemed Marine Licence under Part 4 (Marine Licensing) of the Marine and Coastal Access Act 2009
  299. Part 1: INTRODUCTION
  300. 1Interpretation
  301. 2Addresses
  302. Part 2: LICENSED ACTIVITIES - GENERAL
  303. 3Paragraph 3
  304. 4Paragraph 4
  305. 5Paragraph 5
  306. Part 3: CONDITIONS
  307. 6General
  308. 7Pre-construction
  309. 8Pre-construction
  310. 9Pre-construction
  311. 10Pre-construction
  312. 11Pre-construction
  313. 12Pre-construction
  314. 13Pre-construction
  315. 14Pre-construction
  316. 15Pre-construction
  317. 16Pre-construction
  318. 17Pre-construction
  319. 18During construction, operation and maintenance
  320. 19During construction, operation and maintenance
  321. 20During construction, operation and maintenance
  322. 21During construction, operation and maintenance
  323. 22During construction, operation and maintenance
  324. 23During construction, operation and maintenance
  325. 24During construction, operation and maintenance
  326. 25During construction, operation and maintenance
  327. 26During construction, operation and maintenance
  328. 27During construction, operation and maintenance
  329. 28During construction, operation and maintenance
  330. 29During construction, operation and maintenance
  331. 30During construction, operation and maintenance
  332. 31During construction, operation and maintenance
  333. 32Dredging
  334. 33Dredging
  335. 34Dredging
  336. 35Aids to navigation
  337. 36Beach Landing Facility and Temporary Marine Bulk Import Facility
  338. 37Soft Coastal Defence Feature (SCDF)
  339. 38Combined Drainage Outfall (CDO)
  340. 39Cooling Water Intake and Outfall Heads, Shafts and Tunnels
  341. 40Cooling Water Intake and Outfall Heads, Shafts and Tunnels
  342. 41Cooling Water Intake and Outfall Heads, Shafts and Tunnels
  343. 42Cooling Water Intake and Outfall Heads, Shafts and Tunnels
  344. 43Cooling Water Intake and Outfall Heads, Shafts and Tunnels
  345. 44Cooling Water Intake and Outfall Heads, Shafts and Tunnels
  346. 45Cooling Water Intake and Outfall Heads, Shafts and Tunnels
  347. 46Cooling Water Intake and Outfall Heads, Shafts and Tunnels
  348. 4CO-ORDINATES
  349. Schedule 22Removal of important hedgerows
  350. Schedule 23Certified Documents
  351. Schedule 24: Procedure for approvals, consents and appeals
  352. 1Applications made under requirement
  353. 2Further information
  354. 3Fees
  355. 4Appeals
  356. 5Definitions
  357. Schedule 25: Miscellaneous Controls
  358. 1Introduction
  359. 2Highways Act 1980
  360. 3Community Infrastructure Levy Regulations 2010
  361. 4Town and Country Planning Act 1990
  362. 5Local Government (Miscellaneous Provisions) Act 1976
  363. Explanatory note