The Willington C Gas Pipeline Order 2014
S.I. 2014/3328 · Made 16 December 2014 · Extends to England, Wales and Scotland
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
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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
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S.I. 2009/2263; relevant amending instruments are S.I. 2012/635 and 2012/787.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Application and modification of legislative provisions
- Part 2: PRINCIPAL POWERS
- 4Development consent granted by Order
- 5Maintenance and diversion of the authorised development
- 6Operation and use of authorised development
- 7Limits of deviation
- 8Benefit of Order
- 9Consent to transfer benefit of Order
- Part 3: STREETS
- 10Street works
- 11Public rights of way
- 12Access to works
- 13Agreements with street authorities
- Part 4: SUPPLEMENTAL POWERS
- 14Discharge of water
- 15Authority to survey and investigate land
- Part 5: POWERS OF ACQUISITION
- 16Compulsory acquisition of ... land
- 17Time limit for exercise of authority to acquire land compulsorily
- 18Compulsory acquisition of new rights, etc.
- 19Power to override easements and other rights
- 20Private rights of way
- 21Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 22Acquisition of subsoil
- 23Rights under or over streets
- 24Temporary use of land for carrying out authorised development
- 25Temporary use of land for maintaining authorised development
- 26No double recovery
- 27Statutory undertakers
- 28Recovery of costs of new connections
- 29Railway and navigation crossings
- Part 6: MISCELLANEOUS AND GENERAL
- 30Defence to proceedings in respect of statutory nuisance
- 31Operational land for purposes of 1990 Act
- 32Felling or lopping of trees, etc.
- 33Certification of plans, etc.
- 34Arbitration
- 35Protection of interests
- 36Service of notices
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT AND REQUIREMENTS
- 1AUTHORISED DEVELOPMENT
- Part 2: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Stages of authorised development
- 4Detailed design approval
- 5Landscaping
- 6Hedgerows and trees
- 7Construction traffic and highway accesses
- 8Public rights of way
- 9Temporary fencing and other means of enclosure
- 10Surface water drainage and water discharge
- 11Contaminated land and groundwater
- 12Soil handling and restoration
- 13Agricultural land drainage
- 14Archaeology
- 15Ecological management plan
- 16Temporary external lighting
- 17Control of noise during construction and maintenance
- 18Construction hours
- 19Control of dust emissions
- 20European protected species
- 21Reinstatement of land used temporarily for construction
- Schedule 2STREETS SUBJECT TO STREET WORKS
- Schedule 3ACCESS TO WORKS
- Schedule 4LAND IN WHICH SURVEYS AND INVESTIGATIONS MAY BE CARRIED OUT
- Schedule 5LAND IN WHICH ONLY NEW RIGHTS, ETC. MAY BE ACQUIRED
- Schedule 6LAND OVER WHICH RESTRICTIVE OBLIGATIONS AND RIGHTS OF SUPPORT ARE REQUIRED
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS, ETC.
- 1Compensation enactments
- 2Paragraph 2
- 3Application of 1965 Act
- 4Paragraph 4
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE STATUTORY UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 3: FOR THE PROTECTION OF NETWORK RAIL
- 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 4: FOR THE PROTECTION OF THE 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 5: FOR THE PROTECTION OF NATIONAL GRID GAS PLC AND NATIONAL GRID ELECTRICITY TRANSMISSION PLC
- 1Application
- 2Interpretation
- 3Certain provisions not to apply where relations regulated by Part 3 of 1991 Act
- 4Acquisition of apparatus and overriding of easements, etc.
- 5Removal of apparatus
- 6Facilities and rights for alternative apparatus
- 7Retained apparatus: protection of National Grid Gas
- 8Retained apparatus: protection of National Grid Electricity
- 9Expenses
- 10Indemnity
- 11Ground subsidence monitoring scheme in respect of statutory undertaker’s apparatus
- 12Enactments and agreements
- 13Co-operation
- 14Access
- 15Arbitration
- Explanatory note