OpenLegislation

The South Humber Bank Energy Centre Order 2021

S.I. 2021/1259 · Made 10 November 2021 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 5 April 2022.

Infrastructure Planning

Made 10th November 2021

Coming into force 2nd December 2021

An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 and Part 5 of the Planning Act 2008f2 for an Order granting development consent.

The application was examined by the Examining Authority appointed by the Secretary of State pursuant to Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3.

The Secretary of State, in accordance with section 104(2) of the 2008 Act, has had regard to the documents and matters referred to in that section which the Secretary of State thinks are both important and relevant to his decision.

The Secretary of State, having considered the representations made and not withdrawn and the application with the documents that accompanied the application, has determined to make an Order giving effect to the proposals comprised in the application.

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 2009/2264, as 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 and S.I. 2013/755.

f2

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

f3

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

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Electronic Communications
  5. Part 2: PRINCIPAL POWERS
  6. 4Development consent etc. granted by the Order
  7. 5Effect of the Order on the SHBEC planning permission
  8. 6Maintenance of authorised development
  9. 7Operation of authorised development
  10. 8Benefit of the Order
  11. 9Consent to transfer benefit of the Order
  12. Part 3: STREETS
  13. 10Street works
  14. 11Power to alter layout, etc., of streets
  15. 12Construction and maintenance of new or altered means of access
  16. 13Temporary stopping up of streets and public rights of way
  17. 14Agreements with street authorities
  18. Part 4: SUPPLEMENTAL POWERS
  19. 15Discharge of water
  20. 16Authority to survey and investigate the land
  21. Part 5: OPERATIONS
  22. 17Felling or lopping of trees
  23. Part 6: MISCELLANEOUS AND GENERAL
  24. 18Protective provisions
  25. 19Statutory undertakers
  26. 20Apparatus and rights of statutory undertakers in stopped up streets
  27. 21Recovery of costs of new connections
  28. 22Application of landlord and tenant law
  29. 23Operational land for purposes of the 1990 Act
  30. 24Defence to proceedings in respect of statutory nuisance
  31. 25Certification of plans, etc.
  32. 26Service of notices
  33. 27Procedure in relation to certain approvals, etc.
  34. 28Requirements, appeals etc.
  35. 29Arbitration
  36. Signature
  37. Schedule 1AUTHORISED DEVELOPMENT
  38. Schedule 2: REQUIREMENTS
  39. 1Interpretation
  40. 2Commencement of the authorised development and notices
  41. 3Approved details and amendments to them
  42. 4Requirement for written approval
  43. 5Detailed design (position and scale)
  44. 6Detailed design (appearance)
  45. 7Retained trees
  46. 8Means of enclosure and hard landscaping
  47. 9Lighting scheme
  48. 10Soft landscaping
  49. 11Biodiversity protection
  50. 12Biodiversity mitigation and enhancement
  51. 13Surface water drainage
  52. 14Foul water drainage
  53. 15Construction environmental management plan
  54. 16Construction traffic management and travel planning
  55. 17Piling
  56. 18Temporary halting of development on finding unexpected contamination
  57. 19Investigation and remediation of contamination
  58. 20Implementation of remediation scheme
  59. 21Procedure in cases of unexpected contamination
  60. 22Flood risk mitigation
  61. 23Flood warning and evacuation plan
  62. 24Delivery and servicing plan
  63. 25Operational travel plan
  64. 26Visibility splays
  65. 27New highway access
  66. 28Parking
  67. 29Road condition survey
  68. 30Air safety
  69. 31Fuel type
  70. 32Fuel storage
  71. 33Decommissioning
  72. 34Amendments agreed by the relevant planning authority
  73. 35Combined heat and power
  74. 36Anticipatory steps towards compliance with any requirement
  75. 37Heavy goods vehicle prohibition
  76. 38Development consent obligation
  77. Schedule 3DEEMED APPROVAL OF MATTERS REFERRED TO IN REQUIREMENTS
  78. Schedule 4STREETS SUBJECT TO STREET WORKS
  79. Schedule 5STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
  80. Schedule 6: ACCESS
  81. 1THOSE PARTS OF THE ACCESS TO BE MAINTAINED AT THE PUBLIC EXPENSE
  82. 2THOSE PARTS OF THE ACCESS TO BE MAINTAINED BY THE STREET AUTHORITY
  83. Schedule 7STREETS TO BE TEMPORARILY STOPPED UP
  84. Schedule 8: PROTECTIVE PROVISIONS
  85. Part 1: FOR THE PROTECTION OF ANGLIAN WATER
  86. 1Paragraph 1
  87. 2Paragraph 2
  88. 3Paragraph 3
  89. 4Paragraph 4
  90. 5Paragraph 5
  91. 6Paragraph 6
  92. 7Paragraph 7
  93. 8Paragraph 8
  94. 9Paragraph 9
  95. Part 2: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
  96. 10Application
  97. 11Interpretation
  98. 12Apparatus of Undertakers in stopped up streets
  99. 13Acquisition of apparatus
  100. 14Removal of apparatus
  101. 15Facilities and rights for alternative apparatus
  102. 16Retained apparatus: protection Gas Undertakers
  103. 17Retained apparatus: Protection: Electricity Undertakers
  104. 18Expenses
  105. 19Indemnity
  106. 20Enactments and agreements
  107. 21Co-operation
  108. 22Access
  109. 23Arbitration
  110. 24Notices
  111. Part 3: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  112. 25Paragraph 25
  113. 26Paragraph 26
  114. 27Paragraph 27
  115. 28Paragraph 28
  116. 29Paragraph 29
  117. 30Paragraph 30
  118. 31Paragraph 31
  119. 32Paragraph 32
  120. 33Paragraph 33
  121. 34Paragraph 34
  122. 35Paragraph 35
  123. Part 4: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  124. 36Paragraph 36
  125. 37Paragraph 37
  126. 38Paragraph 38
  127. 39Paragraph 39
  128. 40Paragraph 40
  129. Part 5: FOR THE PROTECTION OF NETWORK RAIL
  130. 41Paragraph 41
  131. 42Paragraph 42
  132. 43Paragraph 43
  133. 44Paragraph 44
  134. 45Paragraph 45
  135. 46Paragraph 46
  136. 47Paragraph 47
  137. 48Paragraph 48
  138. Explanatory note