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The Knottingley Power Plant Order 2015

S.I. 2015/680 · Made 10 March 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 30 November 2017.

Infrastructure Planning

Made 10th March 2015

Coming into force 1st April 2015

An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 for an Order under sections 114, 115, 120, 140 and 147 of the Planning Act 2008f2 (“the 2008 Act”).

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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the report and recommendation of the single appointed person, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which 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, 120 and 147 of the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

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.

f2

2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c.20), and by sections 22 to 27 of the Growth and Infrastructure Act 2013 (c.27), see S.I. 2013/1124 for transitional provisions.

f3

S.I. 2010/103, as amended by S.I. 2012/635.

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. 4Power to maintain authorised development
  7. Part 3: OPERATIONS
  8. 5Operation of generating station
  9. 6Limits of deviation
  10. 7Benefit of the Order
  11. 8Application and modification of legislative provisions
  12. 9Defence to proceedings in respect of statutory nuisance
  13. Part 4: STREETS
  14. 10Street works
  15. 11Stopping up of street
  16. 12Public rights of way
  17. 13Access to works
  18. 14Agreements with street authorities
  19. Part 5: SUPPLEMENTAL POWERS
  20. 15Discharge of water
  21. 16Authority to survey and investigate the land
  22. 17Removal of human remains
  23. Part 6: POWERS OF ACQUISITION
  24. 18Compulsory acquisition of land
  25. 19Compulsory acquisition of land – incorporation of the minerals code
  26. 20Time limit for exercise of authority to acquire land and rights compulsorily
  27. 21Compulsory acquisition of rights and imposition of restrictive covenants
  28. 22Private rights
  29. 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  30. 24Acquisition of subsoil only
  31. 25Acquisition of part of certain properties
  32. 26Rights under or over streets
  33. 27Temporary use of land for carrying out the authorised development
  34. 28Temporary use of land for maintaining authorised development
  35. 29Protective provisions for specified undertakers
  36. 30Statutory undertakers
  37. 31Apparatus and rights of statutory undertakers in stopped-up streets
  38. Part 7: MISCELLANEOUS AND GENERAL
  39. 32Application of landlord and tenant law
  40. 33Operational land for purposes of the 1990 Act
  41. 34Felling or lopping of trees and hedgerows
  42. 35Certification of plans etc.
  43. 36Arbitration
  44. 37Procedure in relation to certain approvals etc.
  45. Signature
  46. Schedule 1: AUTHORISED DEVELOPMENT
  47. 1Authorised Development
  48. Part 2: Requirements
  49. 1Interpretation
  50. 2Time limits
  51. 3Detailed design
  52. 4Overhead lines and pylons
  53. 5Cooling water pipelines and pumping station
  54. 6Gas pipeline and AGI
  55. 7Provision of landscaping
  56. 8Implementation and maintenance of landscaping
  57. 9Footpath/Public Rights of Way diversions
  58. 10Highway accesses
  59. 11Temporary buildings, structures and roads
  60. 12Surface and foul water drainage
  61. 13Contaminated land and groundwater – general
  62. 14Contaminated land and groundwater – known contamination on the site of the generating station
  63. 15Archaeology
  64. 16Ecological management plan
  65. 17Construction environment management plan
  66. 18Common Lane improvement
  67. 19Air Safety
  68. 20Flooding – mitigation
  69. 21Fire prevention
  70. 22Waste management on site – operational phase
  71. 23Control of noise – operational phase
  72. 24European protected species
  73. 25Restoration of land used temporarily for construction
  74. 26Air quality monitoring
  75. 27Combined heat and power
  76. 28Combined heat and power
  77. 29CCS site
  78. 30CCS monitoring report
  79. 31Applicability of Requirements 29 and 30
  80. 32Decommissioning
  81. 33Requirement for written approval
  82. 34Approved details
  83. 35Local liaison committee
  84. 36Employment and Skills plan
  85. 37Notice of start and completion of commissioning
  86. 38Notice of commencement of operation
  87. Schedule 2STREETS SUBJECT TO STREET WORKS
  88. Schedule 3: STREETS TO BE STOPPED UP
  89. STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  90. Schedule 4: PUBLIC RIGHT OF WAY TO BE TEMPORARILY CLOSED AND PERMANENTLY STOPPED UP
  91. 1Claimed public right of way to be extinguished for which a replacement will be provided
  92. 2Rights of way for which a replacement will be provided during temporary closure
  93. 3Rights of way for which no replacement will be provided during temporary closure
  94. Schedule 5ACCESS TO WORKS
  95. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  96. 1Compensation enactments
  97. 2Compensation enactments
  98. 3Application of the 1965 Act
  99. 4Application of the 1965 Act
  100. 5Application of the 1965 Act
  101. 6Application of the 1965 Act
  102. 7Application of the 1965 Act
  103. 8Application of the 1965 Act
  104. 9Application of the 1965 Act
  105. 10Application of the 1965 Act
  106. Schedule 7: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  107. 1Applications made under requirement
  108. 2Further information
  109. 3Fees
  110. 4Appeals
  111. 5Interpretation of Schedule 7
  112. Schedule 8: PROTECTIVE PROVISIONS
  113. For the protection of Canal & River Trust
  114. 1Interpretation
  115. 2Powers requiring CRT’s consent
  116. 3Vehicles, plant and machinery
  117. 4Fencing
  118. 5Survey of waterway
  119. 6Approval of plans, protective works etc.
  120. 7Design of works
  121. 8Notice of works
  122. 9Lighting
  123. 10Construction of specified works
  124. 11Prevention of pollution
  125. 12Access to work – provision of information
  126. 13Alterations to the waterway
  127. 14Maintenance of works
  128. 15Repayment of CRT’s fees, etc.
  129. 16Costs of alterations, etc.
  130. 17Making good of detriment; compensation and indemnity, etc.
  131. 18Arbitration
  132. 19Capitalised sums
  133. Explanatory note