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The Willington C Gas Pipeline Order 2014

S.I. 2014/3328 · Made 16 December 2014 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2017.

Infrastructure Planning

Made 16th December 2014

Coming into force 7th January 2015

An application has been made to the Secretary of State for an order granting development consent under section 37 of the Planning Act 2008f1 (the “2008 Act”).

The application has been examined by a single appointed person who has made a report to the Secretary of State under section 83(1) of the 2008 Act.

The Secretary of State has considered the report and recommendation of the single appointed person, has taken into consideration 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 104(2) of the 2008 Act.

The Secretary of State, having decided the application, has determined to make an order giving effect to the proposals comprised in the application with modifications that in the opinion of the Secretary of State do not make any substantial change to the proposals.

Accordingly, the Secretary of State, in exercise of the powers in sections 114 and 120 of 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 to, the Localism Act 2011 (c.20). Section 83(1) was amended by paragraph 35 of that Schedule. Section 104(2) was amended by paragraph 49 of that Schedule and section 58 of the Marine and Coastal Access Act 2009 (c.29). Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011. Section 120 was amended by section 140 of, and paragraph 60 of Schedule 13 to, that Act.

f2

S.I. 2009/2263; relevant amending instruments are S.I. 2012/635 and 2012/787.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application and modification of legislative provisions
  5. Part 2: PRINCIPAL POWERS
  6. 4Development consent granted by Order
  7. 5Maintenance and diversion of the authorised development
  8. 6Operation and use of authorised development
  9. 7Limits of deviation
  10. 8Benefit of Order
  11. 9Consent to transfer benefit of Order
  12. Part 3: STREETS
  13. 10Street works
  14. 11Public rights of way
  15. 12Access to works
  16. 13Agreements with street authorities
  17. Part 4: SUPPLEMENTAL POWERS
  18. 14Discharge of water
  19. 15Authority to survey and investigate land
  20. Part 5: POWERS OF ACQUISITION
  21. 16Compulsory acquisition of ... land
  22. 17Time limit for exercise of authority to acquire land compulsorily
  23. 18Compulsory acquisition of new rights, etc.
  24. 19Power to override easements and other rights
  25. 20Private rights of way
  26. 21Application of Compulsory Purchase (Vesting Declarations) Act 1981
  27. 22Acquisition of subsoil
  28. 23Rights under or over streets
  29. 24Temporary use of land for carrying out authorised development
  30. 25Temporary use of land for maintaining authorised development
  31. 26No double recovery
  32. 27Statutory undertakers
  33. 28Recovery of costs of new connections
  34. 29Railway and navigation crossings
  35. Part 6: MISCELLANEOUS AND GENERAL
  36. 30Defence to proceedings in respect of statutory nuisance
  37. 31Operational land for purposes of 1990 Act
  38. 32Felling or lopping of trees, etc.
  39. 33Certification of plans, etc.
  40. 34Arbitration
  41. 35Protection of interests
  42. 36Service of notices
  43. Signature
  44. Schedule 1: AUTHORISED DEVELOPMENT AND REQUIREMENTS
  45. 1AUTHORISED DEVELOPMENT
  46. Part 2: REQUIREMENTS
  47. 1Interpretation
  48. 2Time limits
  49. 3Stages of authorised development
  50. 4Detailed design approval
  51. 5Landscaping
  52. 6Hedgerows and trees
  53. 7Construction traffic and highway accesses
  54. 8Public rights of way
  55. 9Temporary fencing and other means of enclosure
  56. 10Surface water drainage and water discharge
  57. 11Contaminated land and groundwater
  58. 12Soil handling and restoration
  59. 13Agricultural land drainage
  60. 14Archaeology
  61. 15Ecological management plan
  62. 16Temporary external lighting
  63. 17Control of noise during construction and maintenance
  64. 18Construction hours
  65. 19Control of dust emissions
  66. 20European protected species
  67. 21Reinstatement of land used temporarily for construction
  68. Schedule 2STREETS SUBJECT TO STREET WORKS
  69. Schedule 3ACCESS TO WORKS
  70. Schedule 4LAND IN WHICH SURVEYS AND INVESTIGATIONS MAY BE CARRIED OUT
  71. Schedule 5LAND IN WHICH ONLY NEW RIGHTS, ETC. MAY BE ACQUIRED
  72. Schedule 6LAND OVER WHICH RESTRICTIVE OBLIGATIONS AND RIGHTS OF SUPPORT ARE REQUIRED
  73. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS, ETC.
  74. 1Compensation enactments
  75. 2Paragraph 2
  76. 3Application of 1965 Act
  77. 4Paragraph 4
  78. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  79. Schedule 9: PROTECTIVE PROVISIONS
  80. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE STATUTORY UNDERTAKERS
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. 7Paragraph 7
  88. 8Paragraph 8
  89. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. Part 3: FOR THE PROTECTION OF NETWORK RAIL
  97. 1Paragraph 1
  98. 2Paragraph 2
  99. 3Paragraph 3
  100. 4Paragraph 4
  101. 5Paragraph 5
  102. 6Paragraph 6
  103. 7Paragraph 7
  104. 8Paragraph 8
  105. 9Paragraph 9
  106. 10Paragraph 10
  107. 11Paragraph 11
  108. 12Paragraph 12
  109. 13Paragraph 13
  110. 14Paragraph 14
  111. 15Paragraph 15
  112. 16Paragraph 16
  113. 17Paragraph 17
  114. 18Paragraph 18
  115. 19Paragraph 19
  116. 20Paragraph 20
  117. 21Paragraph 21
  118. Part 4: FOR THE PROTECTION OF THE CANAL & RIVER TRUST
  119. 1Paragraph 1
  120. 2Paragraph 2
  121. 3Paragraph 3
  122. 4Paragraph 4
  123. 5Paragraph 5
  124. 6Paragraph 6
  125. 7Paragraph 7
  126. 8Paragraph 8
  127. 9Paragraph 9
  128. 10Paragraph 10
  129. 11Paragraph 11
  130. 12Paragraph 12
  131. 13Paragraph 13
  132. 14Paragraph 14
  133. 15Paragraph 15
  134. 16Paragraph 16
  135. 17Paragraph 17
  136. Part 5: FOR THE PROTECTION OF NATIONAL GRID GAS PLC AND NATIONAL GRID ELECTRICITY TRANSMISSION PLC
  137. 1Application
  138. 2Interpretation
  139. 3Certain provisions not to apply where relations regulated by Part 3 of 1991 Act
  140. 4Acquisition of apparatus and overriding of easements, etc.
  141. 5Removal of apparatus
  142. 6Facilities and rights for alternative apparatus
  143. 7Retained apparatus: protection of National Grid Gas
  144. 8Retained apparatus: protection of National Grid Electricity
  145. 9Expenses
  146. 10Indemnity
  147. 11Ground subsidence monitoring scheme in respect of statutory undertaker’s apparatus
  148. 12Enactments and agreements
  149. 13Co-operation
  150. 14Access
  151. 15Arbitration
  152. Explanatory note