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The Triton Knoll Electrical System Order 2016

S.I. 2016/880 · Made 5 September 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 5th September 2016

Coming into force 27th September 2016

On 14th November 2013 the Secretary of State gave a direction under section 35 of the Planning Act 2008f1 (the “2008 Act”) that the development set out in a letter from RWE Npower Renewables Limited (now RWE Innogy UK Limited) received on 25th October 2013, together with any matters associated with it, be treated as development for which development consent is required.

An application under section 37 of the 2008 Act has been made to the Secretary of State for an order granting development consent for the development referred to in the direction.

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. After receiving the report, the Secretary of State requested further information from various persons.

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 30 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 on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

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

2008 c.29. Section 35 was substituted by section 26(2) of the Growth and Infrastructure Act 2013 (c.27). Section 37 was amended by section 137(5) of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c.20). Section 74(2) was amended by paragraph 29(2) of that Schedule. Section 105 was amended by paragraph 50 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 to, that Act. Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013.

f2

S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and 2012/787.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Principal powers
  5. 3Development consent granted by Order
  6. 4Maintenance of authorised project
  7. 5Transfer of benefit of Order
  8. 6Application and modification of legislative provisions
  9. 7Defence to proceedings in respect of statutory nuisance
  10. Part 3: Streets
  11. 8Street works
  12. 9Temporary stopping up of streets
  13. 10Access to works and temporary highways alterations
  14. 11Agreements with a highway authority
  15. Part 4: Supplemental powers
  16. 12Discharge of water
  17. 13Authority to survey and investigate land
  18. 14Removal of human remains
  19. Part 5: Powers of acquisition
  20. 15Compulsory acquisition of land
  21. 16Compulsory acquisition of land: minerals
  22. 17Time limit for exercise of authority to acquire land compulsorily
  23. 18Compulsory acquisition of rights
  24. 19Private rights
  25. 20Application of Compulsory Purchase (Vesting Declarations) Act 1981
  26. 21Acquisition of subsoil only
  27. 22Rights under or over streets
  28. 23Acquisition of part of certain properties
  29. 24Temporary use of land for carrying out authorised project
  30. 25Temporary use of land for maintaining authorised project
  31. 26Protective provisions
  32. 27Statutory undertakers
  33. 28No double recovery
  34. 29Recovery of costs of new connections
  35. 30Special category land
  36. Part 6: Miscellaneous and general
  37. 31Deemed marine licence under Marine and Coastal Access Act 2009
  38. 32Application of landlord and tenant law
  39. 33Operational land for purposes of Town and Country Planning Act 1990
  40. 34Felling or lopping of trees and removal of hedgerows
  41. 35Certification of plans, etc.
  42. 36Arbitration
  43. 37Guarantees in respect of payment of compensation
  44. 38Procedure regarding certain approvals, etc.
  45. 39Saving provisions for Trinity House
  46. 40Crown rights
  47. Signature
  48. Schedule 1: Authorised project
  49. 1Authorised development
  50. 1Paragraph 1
  51. 2Ancillary works
  52. Part 3: Requirements
  53. 1Interpretation
  54. 2Time limit for commencing authorised development
  55. 3Detailed offshore design parameters
  56. 4Offshore decommissioning
  57. 5Detailed design onshore
  58. 6Provision of landscaping
  59. 7Implementation and maintenance of landscaping
  60. 8Highway accesses and improvements
  61. 9Fencing and other means of enclosure
  62. 10Requirement for surface water drainage scheme
  63. 11Requirement for foul water drainage scheme
  64. 12Archaeology
  65. 13Ecological management plan and removal of hedgerows
  66. 14Code of construction practice
  67. 15Unexpected contamination
  68. 16Control of operational artificial light emissions
  69. 17Construction hours
  70. 18Control of noise during operational phase
  71. 19Construction traffic
  72. 20European protected species
  73. 21Restoration of land used temporarily for construction
  74. 22Onshore decommissioning
  75. 23Local employment
  76. 24Approval, etc. to be in writing
  77. 25Amendments to approved plans, etc.
  78. Schedule 2Streets subject to street works
  79. Schedule 3Streets to be temporarily stopped up
  80. Schedule 4Access to works
  81. Schedule 5Land in which only new rights, etc. may be acquired
  82. Schedule 6: Modification of compensation and compulsory purchase enactments for creation of new rights and restrictive covenants
  83. 1Compensation enactments modified
  84. 2Land Compensation Act 1973 modified
  85. 3Compulsory Purchase Act 1965 modified
  86. 4Compulsory Purchase Act 1965 modified
  87. 5Compulsory Purchase Act 1965 modified
  88. 6Compulsory Purchase Act 1965 modified
  89. 7Compulsory Purchase Act 1965 modified
  90. 8Compulsory Purchase Act 1965 modified
  91. 9Compulsory Purchase Act 1965 modified
  92. Schedule 7Land of which temporary possession may be taken
  93. Schedule 8: Protective provisions
  94. Part 1: Protection for Environment Agency and drainage authorities
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Paragraph 4
  99. 5Paragraph 5
  100. 6Paragraph 6
  101. 7Paragraph 7
  102. 8Paragraph 8
  103. 9Paragraph 9
  104. 10Paragraph 10
  105. 11Paragraph 11
  106. Part 2: Protection for Network Rail Infrastructure Limited, etc.
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. 7Paragraph 7
  114. 8Paragraph 8
  115. 9Paragraph 9
  116. 10Paragraph 10
  117. 11Paragraph 11
  118. 12Paragraph 12
  119. 13Paragraph 13
  120. 14Paragraph 14
  121. 15Paragraph 15
  122. 16Paragraph 16
  123. 17Paragraph 17
  124. 18Paragraph 18
  125. 19Paragraph 19
  126. 20Paragraph 20
  127. 21Paragraph 21
  128. Part 3: Protection for National Grid Gas plc and National Grid Electricity Transmission plc
  129. 1Part to have effect unless otherwise agreed
  130. 2Interpretation
  131. 3Application
  132. 4Apparatus of statutory undertakers in temporarily stopped up streets
  133. 5Acquisition of land, etc.
  134. 6Removal of apparatus
  135. 7Facilities and rights for alternative apparatus
  136. 8Retained apparatus: National Grid Gas plc
  137. 9Retained apparatus: National Grid Electricity Transmission plc
  138. 10Expenses
  139. 11Indemnity
  140. 12Apparatus laid, etc. on date of Order
  141. 13Co-operation
  142. 14Access
  143. 15Arbitration
  144. Part 4: Protection for Anglian Water Services Limited
  145. 1Paragraph 1
  146. 2Paragraph 2
  147. 3Paragraph 3
  148. 4Paragraph 4
  149. 5Paragraph 5
  150. 6Paragraph 6
  151. 7Paragraph 7
  152. 8Paragraph 8
  153. 9Paragraph 9
  154. 10Paragraph 10
  155. 11Paragraph 11
  156. Part 5: Protection for Canal & River Trust
  157. 1Paragraph 1
  158. 2Paragraph 2
  159. 3Paragraph 3
  160. 4Paragraph 4
  161. 5Paragraph 5
  162. 6Paragraph 6
  163. 7Paragraph 7
  164. 8Paragraph 8
  165. 9Paragraph 9
  166. 10Paragraph 10
  167. 11Paragraph 11
  168. 12Paragraph 12
  169. 13Paragraph 13
  170. 14Paragraph 14
  171. 15Paragraph 15
  172. 16Paragraph 16
  173. 17Paragraph 17
  174. Part 6: Protection for electricity, gas and sewerage undertakers
  175. 1Paragraph 1
  176. 2Paragraph 2
  177. 3Paragraph 3
  178. 4Paragraph 4
  179. 5Paragraph 5
  180. 6Paragraph 6
  181. 7Paragraph 7
  182. 8Paragraph 8
  183. 9Paragraph 9
  184. 10Paragraph 10
  185. Part 7: Protection for operators of electronic communications code networks
  186. 1Paragraph 1
  187. 2Paragraph 2
  188. 3Paragraph 3
  189. 4Paragraph 4
  190. 5Paragraph 5
  191. 6Paragraph 6
  192. Part 8: Protection for Western Power Distribution (East Midlands) plc
  193. 1Paragraph 1
  194. 2Paragraph 2
  195. 3Paragraph 3
  196. 4Paragraph 4
  197. 5Paragraph 5
  198. 6Paragraph 6
  199. 7Paragraph 7
  200. 8Paragraph 8
  201. 9Paragraph 9
  202. Schedule 9: Deemed licence under Marine and Coastal Access Act 2009
  203. Part 1: Licensed marine activities
  204. 1Interpretation
  205. 2Details of licensed marine activities
  206. 3Decommissioning
  207. 4Application of section 72 of Marine and Coastal Access Act 2009
  208. 5Agreement to variations
  209. Part 2: Conditions
  210. 1Design parameters
  211. 2Notifications and inspections
  212. 3Offshore safety management
  213. 4Aids to navigation
  214. 5Chemicals, drilling and debris
  215. 6Force majeure
  216. 7Pre-construction plans and documentation
  217. 8Archaeological reports
  218. 9Pre-construction plans and documentation: horizontal directional drilling works within Work No. 2
  219. 10Pre-construction plans and documentation: time for submission, etc.
  220. 11Reporting of engaged agents, contractors and vessels
  221. 12Pre-construction monitoring and surveys
  222. 13Post-construction
  223. 14Bathing water quality
  224. Schedule 10Removal of hedgerows
  225. Schedule 11: Procedure for discharge of Requirements
  226. 1Interpretation
  227. 2Applications made under Requirements
  228. 3Further information
  229. 4Appeals
  230. 5Appeal process
  231. 6Fees
  232. Explanatory note