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The Thurrock Flexible Generation Plant Development Consent Order 2022

S.I. 2022/157 · Made 16 February 2022 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 13 September 2024.

Infrastructure Planning

Made 16th February 2022

Coming into force 10th March 2022

An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1 (“the 2008 Act”) 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 single appointed person (appointed by the Secretary of State) pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3.

The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83(1) of the 2008 Act, has submitted a report and recommendation to the Secretary of State.

The Secretary of State has considered the representations made and not withdrawn, and the recommendations and report of the single appointed person, and taken into account the environmental information in accordance with regulation 4 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017f4 and, as a national policy statement has effect in relation to the proposed development, has had regard to the documents and matters referred to in section 104(2)f5 of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.

The Secretary of State is satisfied that replacement land has been or will be given in exchange for the special category land specified in the land plans and special category land plans (as defined in article 2 of this Order) as “permanent freehold acquisition” land, and the replacement land (as defined in that article) has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the special category land, and that, accordingly, section 131(4) of the 2008 Act applies.

The Secretary of State is satisfied that the special category land specified in the land plans and special category land plans (as defined in article 2 of this Order) as “acquisition of permanent new rights” land, when burdened with any new rights authorised to be compulsorily acquired under this Order, 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, in exercise of the powers conferred by sections 114, 115, 120 and schedule 5 to 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(1) 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 that Schedule. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13(1) 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. 2010/103, amended by S.I. 2012/635.

f4

S.I. 2017/572.

f5

Section 104 was amended by section 58(5) of the Marine and Coastal Access Act 2009 (c. 23) and by section 128(2) and Schedule 13, paragraphs 1 and 49(1) to (6) of the Localism Act 2011 (c. 20).

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Limits of deviation
  7. 5Maintenance of authorised development
  8. 6Operation of generating station
  9. 7Benefit of Order
  10. 8Consent to transfer benefit of Order
  11. 9Defence to proceedings in respect of statutory nuisance
  12. 10Disapplication of legislation etc.
  13. Part 3: STREETS
  14. 11Street works
  15. 12Application of the 1991 Act
  16. 13Temporary restriction of use of streets
  17. 14Access to works
  18. 15Traffic regulation
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Authority to survey and investigate the land
  22. 18Removal of human remains
  23. Part 5: POWERS OF ACQUISITION
  24. 19Compulsory acquisition of land
  25. 20Statutory authority to override easements and other rights
  26. 21Time limit for exercise of authority to acquire land compulsorily
  27. 22Compulsory acquisition of rights
  28. 23Private rights
  29. 24Application of the 1981 Act
  30. 25Acquisition of subsoil only
  31. 26Modification of Part 1 of the 1965 Act
  32. 27Rights under or over streets
  33. 28Temporary use of land for carrying out the authorised development
  34. 29Temporary use of land for maintaining the authorised development
  35. 30Statutory undertakers
  36. 31Apparatus and rights of statutory undertakers in stopped up streets
  37. 32Recovery of costs of new connections
  38. 33Special category land
  39. 34Funding
  40. Part 6: OPERATIONS
  41. 35Felling or lopping of trees and removal of hedgerows
  42. Part 7: MISCELLANEOUS AND GENERAL
  43. 36Protective provisions
  44. 37Operational land for the purposes of the 1990 Act
  45. 38Certification of plans, etc.
  46. 39Service of notices
  47. 40No double recovery
  48. 41Application of landlord and tenant law
  49. 42Arbitration
  50. Signature
  51. Schedule 1AUTHORISED DEVELOPMENT
  52. Schedule 2: REQUIREMENTS
  53. Part 1: REQUIREMENTS
  54. 1Interpretation
  55. 2Time limit
  56. 3Notice of commencement of authorised development
  57. 4Detailed design
  58. 5Code of construction practice
  59. 6Construction traffic management plan
  60. 7Construction worker travel plan
  61. 8External lighting
  62. 9Construction hours
  63. 10Surface and foul water drainage
  64. 11Flood evacuation plan
  65. 12Contaminated land
  66. 13Archaeology
  67. 14Landscaping and ecological management plan
  68. 15Construction compound restoration
  69. 16Operational noise
  70. 17Local employment and skills strategy
  71. 18Operational hours
  72. 19Details to accord with Environmental Statement
  73. 20Carbon capture readiness
  74. 21Carbon capture readiness monitoring report
  75. 22Amendments to approved plans, etc.
  76. 23Anticipatory steps
  77. 24Submissions and approvals
  78. Part 2: APPROVAL OF MATTERS SPECIFIED IN REQUIREMENTS
  79. 25Applications made under requirements
  80. 26Further information
  81. 27Provision of information by Consultees
  82. 28Fees
  83. 29Appeal
  84. 30Documents
  85. Schedule 3TRAFFIC REGULATION SUSPENSION OF EXISTING TRAFFIC REGULATION ORDERS
  86. Schedule 4HIGHWAYS SUBJECT TO TEMPORARY CONTROL OR RESTRICTION
  87. Schedule 5LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN AND IN WHICH ONLY RIGHTS ETC MAY BE ACQUIRED
  88. Schedule 6LAND OF WHICH ONLY TEMPORARY POSSESION MAY BE TAKEN
  89. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  90. 1Compensation enactments
  91. 2Compensation enactments
  92. 3Compensation enactments
  93. 4Application of Part 1 of the 1965 Act
  94. Schedule 8: PROTECTIVE PROVISIONS
  95. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  96. 1Paragraph 1
  97. 2Paragraph 2
  98. 3Land not affected by this Part
  99. 4Apparatus in restricted streets
  100. 5Acquisition of land
  101. 6Removal of apparatus
  102. 7Facilities and rights for alternative apparatus
  103. 8Retained apparatus
  104. 9Expenses and costs
  105. 10Expenses and costs
  106. 11Cooperation
  107. 12Cooperation
  108. 13Provision for Anglian Water Services Limited
  109. Part 2: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. 3Paragraph 3
  113. 4Paragraph 4
  114. 5Paragraph 5
  115. 6Paragraph 6
  116. 7Paragraph 7
  117. 8Paragraph 8
  118. 9Paragraph 9
  119. 10Paragraph 10
  120. 11Paragraph 11
  121. Part 3: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  122. 1Paragraph 1
  123. 2Paragraph 2
  124. 3Paragraph 3
  125. 4Paragraph 4
  126. 5Paragraph 5
  127. 6Paragraph 6
  128. Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  129. 1Paragraph 1
  130. 2Paragraph 2
  131. 3Paragraph 3
  132. 4Paragraph 4
  133. 5Paragraph 5
  134. 6Paragraph 6
  135. 7Paragraph 7
  136. 8Paragraph 8
  137. 9Paragraph 9
  138. 10Paragraph 10
  139. 11Paragraph 11
  140. 12Paragraph 12
  141. Part 5: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
  142. 1Application
  143. 2Interpretation
  144. 3On Street Apparatus
  145. 4Apparatus of statutory undertakers in temporarily restricted streets
  146. 5Acquisition of land
  147. 6Removal of apparatus
  148. 7Facilities and rights for alternative apparatus
  149. 8Retained apparatus: protection of electricity undertaker
  150. 9Retained apparatus: protection of gas undertaker
  151. 10Expenses
  152. 11Enactments and agreements
  153. 12Co-operation
  154. 13Access
  155. 14Arbitration
  156. 15Notices
  157. Part 6: FOR THE PROTECTION OF NETWORK RAIL
  158. 1Part to have effect unless otherwise agreed
  159. 2Interpretation
  160. 3Interpretation
  161. 4Interpretation
  162. 5Interpretation
  163. 6Interpretation
  164. 7Interpretation
  165. 8Interpretation
  166. 9Interpretation
  167. 10Interpretation
  168. 11Interpretation
  169. 12Interpretation
  170. 13Interpretation
  171. 14Interpretation
  172. 15Interpretation
  173. 16Interpretation
  174. 17Interpretation
  175. 18Interpretation
  176. 19Interpretation
  177. 20Interpretation
  178. 21Interpretation
  179. Part 7: FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED
  180. 1Paragraph 1
  181. 2Paragraph 2
  182. 3Paragraph 3
  183. 4Paragraph 4
  184. 5Paragraph 5
  185. 6Paragraph 6
  186. 7Paragraph 7
  187. 8Paragraph 8
  188. 9Paragraph 9
  189. 10Paragraph 10
  190. 11Paragraph 11
  191. 12Paragraph 12
  192. 13Paragraph 13
  193. 14Paragraph 14
  194. 15Paragraph 15
  195. Part 8: FOR THE PROTECTION OF HIGHWAYS ENGLAND COMPANY LIMITED
  196. 1Application
  197. 2Interpretation
  198. 3Approvals
  199. 4Construction of the authorised development
  200. 5Payments
  201. 6Interaction with the Lower Thames Crossing
  202. 7Expert determination
  203. Part 9: FOR THE PROTECTION OF RWE GENERATION (UK) Plc
  204. 1Paragraph 1
  205. 2Paragraph 2
  206. 3Exercise of Powers
  207. 4Existing apparatus
  208. 5Road, proposed road and RWE Undertaking
  209. 6General
  210. 7General
  211. 8Notices
  212. Part 10: FOR THE PROTECTION OF THURROCK BOROUGH COUNCIL
  213. 1Paragraph 1
  214. 2Paragraph 2
  215. 3Road condition surveys
  216. 4Road condition surveys
  217. 5Road condition surveys
  218. 6HGV route remediation
  219. 7HGV route remediation
  220. 8HGV route remediation
  221. 9Specified works
  222. 10Specified works
  223. 11Specified works
  224. 12Level crossing warning illuminated signage
  225. 13Payment of invoices
  226. 14Disputes
  227. 15Indemnity
  228. Explanatory note