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The Thorpe Marsh Gas Pipeline Order 2016

S.I. 2016/297 · Made 3 March 2016 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 November 2017.

Infrastructure Planning

Made 3rd March 2016

Coming into force 25th March 2016

An application has been made to the Secretary of State for an order granting development consent under section 37 of the Planning Act 2008f1 (the “2008 Act”), and in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2, for an order under sections 114, 115 and 120 of the 2008 Act.

The application has been examined by a single appointed person (appointed by the Secretary of State) who having considered the representations made and not withdrawn and the accompanying documents has submitted a report to the Secretary of State under section 83(1) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the single appointed person, has taken into consideration the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f3 and has had regard to the documents and matters referred to in section 104(2) of the 2008 Act.

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 that in the opinion of the Secretary of State do not make any substantial change to the proposals.

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

2008 c.29. Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c.20). Section 83(1) was amended by paragraph 35 of that Schedule. Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, that Act.

f2

S.I. 2009/2264 as amended by the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522). There are other amendments to the Regulations which are not relevant to this Order.

f3

S.I. 2009/2263; regulation 3 was amended by S.I.s 2012/635 and 2012/787.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Principal powers
  5. 3Development consent etc. granted by Order
  6. Part 3: Operations
  7. 4Operation and use of the authorised development
  8. 5Maintenance of authorised development
  9. 6Limits of deviation
  10. 7Benefit of Order
  11. 8Consent to transfer benefit of Order
  12. 9Application and modification of the 1997 Regulations
  13. 10Defence to proceedings in respect of statutory nuisance
  14. 11Procedure in relation to certain approvals etc.
  15. Part 4: Streets
  16. 12Street works
  17. 13Temporary stopping up of streets
  18. 14Temporary stopping up of public rights of way
  19. 15Access to works
  20. 16Agreements with street authorities
  21. Part 5: Supplemental powers
  22. 17Discharge of water
  23. 18Authority to survey and investigate the land
  24. 19Removal of human remains
  25. Part 6: Powers of acquisition
  26. 20Compulsory acquisition of land
  27. 21Compulsory acquisition of land – incorporation of the mineral code
  28. 22Time limit for exercise of authority to acquire land compulsorily
  29. 23Compulsory acquisition of rights
  30. 24Private rights
  31. 25Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  32. 26Acquisition of subsoil only
  33. 27Acquisition of part of certain properties
  34. 28Rights under or over streets
  35. 29Temporary use of land for carrying out the authorised development
  36. 30Temporary use of land for maintaining the authorised development
  37. 31Statutory undertakers
  38. 32Recovery of costs of new connections
  39. Part 7: Miscellaneous and general
  40. 33Application of landlord and tenant law
  41. 34Operational land for purposes of the 1990 Act
  42. 35Guarantees in respect of payment of compensation
  43. 36No double recovery
  44. 37Felling or lopping of trees and removal of hedgerows
  45. 38Trees subject to tree preservation orders
  46. 39Crown rights
  47. 40Certification of plans etc.
  48. 41Protection of interests
  49. 42Arbitration
  50. Signature
  51. Schedule 1: AUTHORISED DEVELOPMENT
  52. 1Authorised Development
  53. Part 2: Requirements
  54. 1Interpretation
  55. 2Time limits
  56. 3Stages of authorised development
  57. 4Detailed design approval
  58. 5Construction environmental management plan
  59. 6Construction traffic and temporary highway accesses
  60. 7Construction hours
  61. 8Lighting management measures at the AGI site
  62. 9Provision of landscaping at the AGI site
  63. 10AGI site and highway accesses
  64. 11Hedgerows and trees
  65. 12Public rights of way
  66. 13Surface and foul water drainage
  67. 14Contaminated land and groundwater
  68. 15Archaeology
  69. 16Ecological management plan
  70. 17European protected species
  71. 18Operational noise
  72. 19Decommissioning
  73. 20Written approval
  74. 21Amendments to approved details
  75. 22Flooding mitigation
  76. 23Local employment
  77. 24Burn airfield
  78. Schedule 2STREETS SUBJECT TO STREET WORKS
  79. Schedule 3PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
  80. Schedule 4ACCESS TO WORKS
  81. Schedule 5LAND IN WHICH NEW RIGHTS, ETC. MAY BE ACQUIRED
  82. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  83. 1Paragraph 1
  84. 2Paragraph 2
  85. 3Paragraph 3
  86. 4Paragraph 4
  87. 5Paragraph 5
  88. 6Paragraph 6
  89. 7Paragraph 7
  90. 8Paragraph 8
  91. 9Paragraph 9
  92. Schedule 7: LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  93. ALand of which temporary possession may be taken
  94. BLand over which temporary access may be taken where others use the same
  95. Schedule 8REMOVAL OF IMPORTANT HEDGEROWS
  96. Schedule 9: PROTECTIVE PROVISIONS
  97. Part 1: For the Protection of Network Rail Infrastructure Limited
  98. 1Paragraph 1
  99. 2Paragraph 2
  100. 3Paragraph 3
  101. 4Paragraph 4
  102. 5Paragraph 5
  103. 6Paragraph 6
  104. 7Paragraph 7
  105. 8Paragraph 8
  106. 9Paragraph 9
  107. 10Paragraph 10
  108. 11Paragraph 11
  109. 12Paragraph 12
  110. 13Paragraph 13
  111. 14Paragraph 14
  112. 15Paragraph 15
  113. 16Paragraph 16
  114. 17Paragraph 17
  115. 18Paragraph 18
  116. 19Paragraph 19
  117. Part 2: For the Protection of National Grid Electricity Transmission plc and National Grid Gas plc
  118. 1Application
  119. 2Interpretation
  120. 3Paragraph 3
  121. 4Apparatus of protected person in stopped up streets
  122. 5Acquisition of land
  123. 6Removal of apparatus
  124. 7Facilities and rights for alternative apparatus
  125. 8Retained apparatus: protection for National Grid Gas plc
  126. 9Retained apparatus: protection for National Grid Electricity Transmission plc
  127. 10Expenses
  128. 11Indemnity
  129. 12Ground subsidence monitoring scheme in respect of protected person’s apparatus
  130. 13Enactments and agreements
  131. 14Co-operation
  132. 15Access
  133. 16Arbitration
  134. Part 3: For the Protection of Electricity, Gas, Water and Sewerage Statutory Undertakers
  135. 1Paragraph 1
  136. 2Paragraph 2
  137. 3Paragraph 3
  138. 4Paragraph 4
  139. 5Paragraph 5
  140. 6Paragraph 6
  141. 7Paragraph 7
  142. 8Paragraph 8
  143. Part 4: For the Protection of Operators of Electronic Communications Code Networks
  144. 1Paragraph 1
  145. 2Paragraph 2
  146. 3Paragraph 3
  147. 4Paragraph 4
  148. 5Paragraph 5
  149. 6Paragraph 6
  150. Explanatory note