# The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025, Paragraph 51: Limits on capacity, extent or use of certain energy and water infrastructure


(1) An electricity generating station that generates electricity directly from sunlight must have a capacity of less than 100 megawatts AC.
(2) An electricity generating unit that is fuelled by diesel or gas must not be installed or used for any purpose other than—
(a) to provide power for machinery, plant or equipment used in construction work;
(b) to provide power for authorised works until a date, notified to the Secretary of State by the site controller in advance, that is no later than the date which is 12 months after the date of Grand Opening, but only if, and to the extent that, it is not possible to arrange for those authorised works to be supplied with sufficient electricity generated outside the Order land by the notified date;
(c) to provide a permanent source of back-up power to an individual work or item of plant or equipment comprised in the ERC, to enable it to operate safely when its usual source of power is interrupted and remains unavailable.
(3) An authorised work in class 4(c) that is functionally associated with class 1 or class 2 authorised works, and centrally co-located within the meaning of condition 42(2)(c) (class 4 authorised works)—
(a) subject to paragraph (b), must not be powered by any plant or equipment on the Order land that produces energy by the combustion of fuel;
(b) if it is powered by any such plant or equipment—
(i) that plant or equipment may not be used for any other purpose than to provide energy for heating or cooling systems comprised in authorised works until a date, notified to the Secretary of State by the site controller in advance, that is no later than the date which is 12 months after the date of Grand Opening;
(ii) its use in accordance with sub-paragraph (i) is only permitted where it is not reasonably practicable for centrally co-located authorised works in class 4(c) to be supplied with sufficient electricity generated outside the Order land by the date of Grand Opening.
(4) Where an electric line is installed above ground, at least one of the following criteria must be satisfied in relation to it—
(a) the line does not exceed two kilometres in length when installed;
(b) if it is a line (“replacement line”) that replaces a line that is an existing line as defined in section 16(4) of the Planning Act 2008 (“existing line”) and the nominal voltage of the replacement line is expected to be greater than that of the existing line—
(i) the replacement line has no support whose height exceeds the height of the highest support of the existing line by more than 10 per cent;
(ii) the distance between any support for the new line and the existing line does not exceed 60 metres, and the replacement line is removed within twelve months from the date on which the installation of the replacement line is complete;
(c) the line will, when installed, be within premises in the occupation or control of the person responsible for its installation;
(d) section 37(1) of the Electricity Act 1989 (consent required for overhead lines) does not apply to the line, by virtue of the Overhead Lines (Exemption) (England and Wales) Regulations 2009.
(5) Where an authorised work of class 4(b) is constructed—
(a) it must not have a length that exceeds, or is intended to exceed, 16.093 kilometres;
(b) if it is constructed by a gas transporter, as defined in section 7(1) of the Gas Act 1986, at least one of the following criteria must not be expected to be satisfied in relation to it—
(i) it is more than 800 millimetres in diameter and more than 40 kilometres in length, or its construction is likely to have a significant effect on the environment;
(ii) it has a design operating pressure of more than 7 bar gauge;
(iii) it conveys gas for supply (directly or indirectly) to at least 50,000 customers, or potential customers, of one or more gas suppliers, as defined in section 7A(11) of the Gas Act 1986.
(6) Where an authorised work of class 4(d) is constructed, it must not—
(a) if it is a waste water treatment plant, have a capacity exceeding a population equivalent, as defined in regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994, of 500,000;
(b) if it is infrastructure for the transfer or storage of waste water, have capacity for the storage of waste water exceeding 350,000 cubic metres;
(c) if it is a dam, reservoir, infrastructure for the transfer of water resources or desalination plant, as defined in section 235(1) of the Planning Act 2008, have a deployable output, as defined in that section, that is expected to exceed 80 million litres per day.
(7) No development in class 4(f) may be constructed or operated unless it is functionally associated with authorised works in class 4(a), (b), (c), (d) or (e).

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Source: https://www.legislation.gov.uk/uksi/2025/1322/schedule/3/paragraph/51 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-entertainment-resort-complex-bedford-special-development-no-2-order-2025/schedule-3/paragraph-51
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

