The Triton Knoll Electrical System Order 2016
S.I. 2016/880 · Made 5 September 2016 · Extends to England, Wales and Scotland
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
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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
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S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and 2012/787.
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: Principal powers
- 3Development consent granted by Order
- 4Maintenance of authorised project
- 5Transfer of benefit of Order
- 6Application and modification of legislative provisions
- 7Defence to proceedings in respect of statutory nuisance
- Part 3: Streets
- 8Street works
- 9Temporary stopping up of streets
- 10Access to works and temporary highways alterations
- 11Agreements with a highway authority
- Part 4: Supplemental powers
- 12Discharge of water
- 13Authority to survey and investigate land
- 14Removal of human remains
- Part 5: Powers of acquisition
- 15Compulsory acquisition of land
- 16Compulsory acquisition of land: minerals
- 17Time limit for exercise of authority to acquire land compulsorily
- 18Compulsory acquisition of rights
- 19Private rights
- 20Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 21Acquisition of subsoil only
- 22Rights under or over streets
- 23Acquisition of part of certain properties
- 24Temporary use of land for carrying out authorised project
- 25Temporary use of land for maintaining authorised project
- 26Protective provisions
- 27Statutory undertakers
- 28No double recovery
- 29Recovery of costs of new connections
- 30Special category land
- Part 6: Miscellaneous and general
- 31Deemed marine licence under Marine and Coastal Access Act 2009
- 32Application of landlord and tenant law
- 33Operational land for purposes of Town and Country Planning Act 1990
- 34Felling or lopping of trees and removal of hedgerows
- 35Certification of plans, etc.
- 36Arbitration
- 37Guarantees in respect of payment of compensation
- 38Procedure regarding certain approvals, etc.
- 39Saving provisions for Trinity House
- 40Crown rights
- Signature
- Schedule 1: Authorised project
- 1Authorised development
- 1Paragraph 1
- 2Ancillary works
- Part 3: Requirements
- 1Interpretation
- 2Time limit for commencing authorised development
- 3Detailed offshore design parameters
- 4Offshore decommissioning
- 5Detailed design onshore
- 6Provision of landscaping
- 7Implementation and maintenance of landscaping
- 8Highway accesses and improvements
- 9Fencing and other means of enclosure
- 10Requirement for surface water drainage scheme
- 11Requirement for foul water drainage scheme
- 12Archaeology
- 13Ecological management plan and removal of hedgerows
- 14Code of construction practice
- 15Unexpected contamination
- 16Control of operational artificial light emissions
- 17Construction hours
- 18Control of noise during operational phase
- 19Construction traffic
- 20European protected species
- 21Restoration of land used temporarily for construction
- 22Onshore decommissioning
- 23Local employment
- 24Approval, etc. to be in writing
- 25Amendments to approved plans, etc.
- Schedule 2Streets subject to street works
- Schedule 3Streets to be temporarily stopped up
- Schedule 4Access to works
- Schedule 5Land in which only new rights, etc. may be acquired
- Schedule 6: Modification of compensation and compulsory purchase enactments for creation of new rights and restrictive covenants
- 1Compensation enactments modified
- 2Land Compensation Act 1973 modified
- 3Compulsory Purchase Act 1965 modified
- 4Compulsory Purchase Act 1965 modified
- 5Compulsory Purchase Act 1965 modified
- 6Compulsory Purchase Act 1965 modified
- 7Compulsory Purchase Act 1965 modified
- 8Compulsory Purchase Act 1965 modified
- 9Compulsory Purchase Act 1965 modified
- Schedule 7Land of which temporary possession may be taken
- Schedule 8: Protective provisions
- Part 1: Protection for Environment Agency and drainage authorities
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 2: Protection for Network Rail Infrastructure Limited, etc.
- 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
- 20Paragraph 20
- 21Paragraph 21
- Part 3: Protection for National Grid Gas plc and National Grid Electricity Transmission plc
- 1Part to have effect unless otherwise agreed
- 2Interpretation
- 3Application
- 4Apparatus of statutory undertakers in temporarily stopped up streets
- 5Acquisition of land, etc.
- 6Removal of apparatus
- 7Facilities and rights for alternative apparatus
- 8Retained apparatus: National Grid Gas plc
- 9Retained apparatus: National Grid Electricity Transmission plc
- 10Expenses
- 11Indemnity
- 12Apparatus laid, etc. on date of Order
- 13Co-operation
- 14Access
- 15Arbitration
- Part 4: Protection for Anglian Water Services Limited
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 5: Protection for Canal & River Trust
- 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
- Part 6: Protection for electricity, gas and sewerage undertakers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part 7: Protection for operators of electronic communications code networks
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 8: Protection for Western Power Distribution (East Midlands) plc
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 9: Deemed licence under Marine and Coastal Access Act 2009
- Part 1: Licensed marine activities
- 1Interpretation
- 2Details of licensed marine activities
- 3Decommissioning
- 4Application of section 72 of Marine and Coastal Access Act 2009
- 5Agreement to variations
- Part 2: Conditions
- 1Design parameters
- 2Notifications and inspections
- 3Offshore safety management
- 4Aids to navigation
- 5Chemicals, drilling and debris
- 6Force majeure
- 7Pre-construction plans and documentation
- 8Archaeological reports
- 9Pre-construction plans and documentation: horizontal directional drilling works within Work No. 2
- 10Pre-construction plans and documentation: time for submission, etc.
- 11Reporting of engaged agents, contractors and vessels
- 12Pre-construction monitoring and surveys
- 13Post-construction
- 14Bathing water quality
- Schedule 10Removal of hedgerows
- Schedule 11: Procedure for discharge of Requirements
- 1Interpretation
- 2Applications made under Requirements
- 3Further information
- 4Appeals
- 5Appeal process
- 6Fees
- Explanatory note