The Thorpe Marsh Gas Pipeline Order 2016
S.I. 2016/297 · Made 3 March 2016 · Extends to England, Wales and Scotland
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a single appointed person (appointed by the Secretary of State) who having considered the representations made and not withdrawn and the accompanying documents has submitted a report to the Secretary of State under section 83(1) of the 2008 Act.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
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: Principal powers
- 3Development consent etc. granted by Order
- Part 3: Operations
- 4Operation and use of the authorised development
- 5Maintenance of authorised development
- 6Limits of deviation
- 7Benefit of Order
- 8Consent to transfer benefit of Order
- 9Application and modification of the 1997 Regulations
- 10Defence to proceedings in respect of statutory nuisance
- 11Procedure in relation to certain approvals etc.
- Part 4: Streets
- 12Street works
- 13Temporary stopping up of streets
- 14Temporary stopping up of public rights of way
- 15Access to works
- 16Agreements with street authorities
- Part 5: Supplemental powers
- 17Discharge of water
- 18Authority to survey and investigate the land
- 19Removal of human remains
- Part 6: Powers of acquisition
- 20Compulsory acquisition of land
- 21Compulsory acquisition of land – incorporation of the mineral code
- 22Time limit for exercise of authority to acquire land compulsorily
- 23Compulsory acquisition of rights
- 24Private rights
- 25Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 26Acquisition of subsoil only
- 27Acquisition of part of certain properties
- 28Rights under or over streets
- 29Temporary use of land for carrying out the authorised development
- 30Temporary use of land for maintaining the authorised development
- 31Statutory undertakers
- 32Recovery of costs of new connections
- Part 7: Miscellaneous and general
- 33Application of landlord and tenant law
- 34Operational land for purposes of the 1990 Act
- 35Guarantees in respect of payment of compensation
- 36No double recovery
- 37Felling or lopping of trees and removal of hedgerows
- 38Trees subject to tree preservation orders
- 39Crown rights
- 40Certification of plans etc.
- 41Protection of interests
- 42Arbitration
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1Authorised Development
- Part 2: Requirements
- 1Interpretation
- 2Time limits
- 3Stages of authorised development
- 4Detailed design approval
- 5Construction environmental management plan
- 6Construction traffic and temporary highway accesses
- 7Construction hours
- 8Lighting management measures at the AGI site
- 9Provision of landscaping at the AGI site
- 10AGI site and highway accesses
- 11Hedgerows and trees
- 12Public rights of way
- 13Surface and foul water drainage
- 14Contaminated land and groundwater
- 15Archaeology
- 16Ecological management plan
- 17European protected species
- 18Operational noise
- 19Decommissioning
- 20Written approval
- 21Amendments to approved details
- 22Flooding mitigation
- 23Local employment
- 24Burn airfield
- Schedule 2STREETS SUBJECT TO STREET WORKS
- Schedule 3PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
- Schedule 4ACCESS TO WORKS
- Schedule 5LAND IN WHICH NEW RIGHTS, ETC. MAY BE ACQUIRED
- Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 7: LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- ALand of which temporary possession may be taken
- BLand over which temporary access may be taken where others use the same
- Schedule 8REMOVAL OF IMPORTANT HEDGEROWS
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: For the Protection of Network Rail Infrastructure Limited
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Part 2: For the Protection of National Grid Electricity Transmission plc and National Grid Gas plc
- 1Application
- 2Interpretation
- 3Paragraph 3
- 4Apparatus of protected person in stopped up streets
- 5Acquisition of land
- 6Removal of apparatus
- 7Facilities and rights for alternative apparatus
- 8Retained apparatus: protection for National Grid Gas plc
- 9Retained apparatus: protection for National Grid Electricity Transmission plc
- 10Expenses
- 11Indemnity
- 12Ground subsidence monitoring scheme in respect of protected person’s apparatus
- 13Enactments and agreements
- 14Co-operation
- 15Access
- 16Arbitration
- Part 3: For the Protection of Electricity, Gas, Water and Sewerage Statutory Undertakers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part 4: For the Protection of Operators of Electronic Communications Code Networks
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Explanatory note