The Swansea Bay Tidal Generating Station Order 2015
S.I. 2015/1386 · Made 9 June 2015 · Extends to England and Wales
Infrastructure Planning
Made 9th June 2015
Coming into force 30th June 2015
An application under section 37 of the Planning Act 2008f1 (the “2008 Act”) has been made to the Secretary of State for an order granting development consent.
The application has been examined by a Panel, which has made a report to the Secretary of State under section 74(2) of the 2008 Act.
The Secretary of State has considered the report and recommendation of the Panel, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f2 and has had regard to the documents and matters referred to in section 105(2) of the 2008 Act.
The Secretary of State is satisfied that the special category land (as defined in article 37 of the Order), when burdened with the order rights (as defined in that article), will be no less advantageous than it was before to the persons in whom it is vested; other persons, if any, entitled to rights of common or other rights; and the public, and that accordingly section 132(3) of the 2008 Act applies.
The Secretary of State, having decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 114 and 120 of the 2008 Act, makes the following Order—
Annotations to the whole text
Footnotes
- f1
- f2
-
S.I. 2009/2263; relevant amending instruments are S.I. 2012/635 and 2012/787.
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: Principal powers
- 3Development consent, etc. granted by Order
- 4Maintenance of authorised development
- 5Operation of generating station, etc.
- 6Benefit of Order
- 7Guarantees in respect of payment of compensation, etc.
- 8Defence to proceedings in respect of statutory nuisance
- Part 3: Streets
- 9Street works
- 10Temporary stopping up of streets
- 11Access to works
- 12Agreements with street authorities
- Part 4: Supplemental powers
- 13Discharge of water
- 14Protective work to buildings
- 15Authority to survey and investigate land
- Part 5: Tidal works
- 16Application of Marine and Coastal Access Act 2009
- 17Right to dredge
- 18Abatement of tidal works abandoned or destroyed
- 19Survey of tidal works
- 20Lights on tidal works, etc. during construction
- 21Provision against danger to navigation
- 22Permanent lights on tidal works
- 23Safety of navigation
- Part 6: Powers of acquisition
- 24Compulsory acquisition of land
- 25Power to override easements and other rights
- 26Private rights of way
- 27Time limit for exercise of authority to acquire land compulsorily
- 28Compulsory acquisition of rights
- 29Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 30Acquisition of subsoil only
- 31Acquisition of part of certain properties
- 32Rights under or over streets
- 33Temporary use of land for carrying out authorised development
- 34Temporary use of land for maintaining authorised development
- 35Protection of Coal Authority
- 36Protection of riverine fisheries
- 37Special category land
- Part 7: Miscellaneous and general
- 38Railway and navigation undertakings
- 39Application of landlord and tenant law
- 40Operational land for purposes of Town and Country Planning Act 1990
- 41Felling or lopping of trees
- 42Application of Energy Act 2004 in relation to decommissioning
- 43Development consent obligation
- 44Development consent obligation: enforcement
- 45Historic Environment (Wales) Act 2023
- 46Licences relating to water, etc.
- 47Byelaws
- 48Procedure in relation to certain approvals, etc.
- 49Certification of plans, etc.
- 50Arbitration
- 51Saving for Trinity House
- 52Protection of interests
- 53Crown rights
- 54Provisions for effect of Adaptive Environmental Management Plan
- Signature
- Schedule 1: Authorised development, ancillary and necessary works and Requirements
- 1AAuthorised development
- 1BAncillary and necessary works
- 2Dimensions of structures
- Part 3: Requirements
- 1Interpretation
- 2Time limits, etc.
- 3Time limits, etc.
- 4Detailed design
- 5Construction Environmental Management Plans
- 6Adaptive Environmental Management Plan
- 7Provision of landscaping
- 8Implementation and maintenance of landscaping
- 9Highway works
- 10Fencing and other means of site perimeter enclosure
- 11Operational surface and foul water drainage
- 12Contamination and groundwater
- 13Storage of materials on site
- 14Construction water supply
- 15Electrical grid connection works
- 16Archaeology
- 17Retention of historic assets
- 18Monitoring of noise during construction
- 19Piling
- 20Site waste management plan
- 21Construction traffic
- 22Operational traffic
- 23Major events
- 24Construction and security lighting scheme
- 25Permanent lighting
- 26Flood risk mitigation
- 27Fish and shellfish mitigation strategy
- 28Avian enhancement strategy
- 29Habitats creation strategy
- 30Honeycomb worm translocation strategy
- 31Other ecological matters
- 32Passive provision for western link
- 33Turbines
- 34Disposal of dredged arisings and protection of Kenfig SAC
- 35Beach mitigation management
- 36Requirement for written approval
- 37Requirement for written approval
- 38Amendments to approved details
- 39Marine mammal mitigation strategy
- 40Section 106 agreement
- 41Employment and skills plan
- 42Water Framework Directive
- Schedule 2Streets subject to street works
- Schedule 3Streets to be temporarily stopped up
- Schedule 4Access to works
- Schedule 5: Modification of compensation and compulsory purchase enactments for creation of new rights
- 1Compensation enactments modified
- 2Land Compensation Act 1973 modified
- 3Compulsory Purchase Act 1965 modified
- Schedule 6Land of which temporary possession may be taken
- Schedule 7Documents to be certified
- Schedule 8
- Part 1: For the protection of Associated British Ports
- 1Interpretation
- 2General
- 3Acquisition or use of port land
- 4Approval of plans and arrangements
- 5Notice of works
- 6Inspection
- 7Temporary works
- 8Erosion or accumulation
- 9Lighting, etc.
- 10Abandoned or decayed works
- 11Byelaws
- 12Indemnity
- 13Indemnity
- 14Indemnity
- 15Statutory functions
- 16Arbitration
- Part 2: For the protection of Neath Port Authority
- 17Interpretation
- 18General
- 19Approval of plans and arrangements
- 20Notice of works
- 21Inspection
- 22Temporary works
- 23Erosion or accumulation
- 24Lighting, etc.
- 25Abandoned or decayed works
- 26Indemnity
- 27Indemnity
- 28Indemnity
- 29Statutory functions
- 30Arbitration
- Part 3: For the protection of National Grid Electricity Transmission Plc
- 31Application
- 32Interpretation
- 33Interpretation
- 34Apparatus of protected persons in stopped up streets
- 35Protective works to buildings
- 36Acquisition of land
- 37Removal of apparatus
- 38Facilities and rights for alternative apparatus
- 39Retained apparatus: protection
- 40Expenses
- 41Indemnity
- 42Enactments and agreements
- 43Co-operation
- 44Access
- 45Arbitration
- Part 4: For the protection of Western Power Distribution (South Wales) Plc
- 46Application
- 47Interpretation
- 48Interpretation
- 49Apparatus of protected persons in stopped up streets
- 50Protective works to buildings
- 51Acquisition of land
- 52Removal of apparatus
- 53Facilities and rights for alternative apparatus
- 54Retained apparatus: protection
- 55Expenses
- 56Indemnity
- 57Enactments and agreements
- 58Co-operation
- 59Access
- 60Arbitration
- Part 5: For the protection of SSE Energy Supply Limited, SWALEC and, Wales and West Utilities Limited
- 61Application
- 62Interpretation
- 63Interpretation
- 64Apparatus of protected person in stopped up streets
- 65Protective works to buildings
- 66Removal of apparatus
- 67Facilities and rights for alternative apparatus
- 68Retained apparatus: protection
- 69Expenses
- 70Indemnity
- 71Enactments and agreements
- 72Co-operation
- 73Access
- 74Arbitration
- Part 6: For the protection of British Telecommunications Plc, Telefónica O2 UK Limited, and Virgin Media Limited
- 75Application
- 76Interpretation
- 77Apparatus of public communications operator in stopped up streets
- 78Indemnity
- 79Code
- Part 7: For the protection of Dŵr Cymru Cyfyngedig
- 80Application
- 81Interpretation
- 82Consent not to be unreasonably withheld
- 83Water Industry Act 1991
- 84Written consent necessary
- 85Protection of apparatus
- 86Outfall
- 87Suspension of specified works
- 88Repair, maintenance and emergency works
- 89Entry on protected person’s land
- 90Expenses
- 91Damage to apparatus
- 92Enactments
- Part 8: For the protection of the City and County of Swansea Council
- 93Accumulation and dredging in River Tawe
- 94Accumulation and dredging in River Tawe
- 95Accumulation and dredging in River Tawe
- Explanatory note