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The Wrexham Gas Fired Generating Station Order 2017

S.I. 2017/766 · Made 18 July 2017 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 16 February 2018.

Infrastructure Planning

Made 18th July 2017

Coming into force 8th August 2017

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

The application has been examined by a single appointed person appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010f2. The single appointed person has submitted a report and recommendation to the Secretary of State under section 83 of the 2008 Act.

The Secretary of State, has considered the report and recommendation of the Examining Authority, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009f3 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 on terms that in the opinion of the Secretary of State are not materially different from those proposed in the application.

In accordance with section 127 of the Planning Act 2008f4, the Secretary of State has applied the relevant tests and is satisfied that they have been met.

Accordingly, the Secretary of State, in exercise of the powers in sections 114, 115 and 120 of the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

2008 c.29; the relevant provisions of the Planning Act 2008 are amended by Chapter 6 of Part 6 of, and schedule 13 to, the Localism Act 2011 (c. 20) and by sections 22-27 of the Growth and Infrastructure Act 2013 (c. 27). Transitional provisions are contained in S.I. 2013/1124.

f2

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

f3

S.I. 2009/2263. Regulation 3 was amended by S.I. 2012/635 and S.I. 2012/787. S.I 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in Regulation 37(2) of that instrument.

f4

2008 c.29, Section 127 was amended by sections 23(1), (2)(a), 23(2)(b) and 23(2)(c) of the Growth and Infrastructure Act 2013, c.27 and by paragraphs 64(1) and (2) of Schedule 13(1) to the Localism Act 2011 (c.20).

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. 4Maintenance of authorised development
  7. 5Operation of authorised development
  8. 6Benefit of this Order
  9. 7Consent to transfer benefit of this Order
  10. 8Defence to proceedings in respect of statutory nuisance
  11. Part 3: STREETS
  12. 9Power to alter layout, etc. of streets
  13. 10Street works
  14. 11Temporary prohibition or restriction of use of streets
  15. 12Access to works
  16. 13Agreements with street authorities
  17. 14Traffic Regulation
  18. Part 4: SUPPLEMENTAL POWERS
  19. 15Discharge of water
  20. 16Authority to survey and investigate the land
  21. Part 5: POWERS OF ACQUISITION
  22. 17Compulsory acquisition of land
  23. 18Compulsory acquisition of rights etc
  24. 19Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  25. 20Time limit for exercise of authority to acquire land compulsorily
  26. 21Statutory authority to override easements and other rights
  27. 22Acquisition of subsoil only
  28. 23Application of Part 1 of the Compulsory Purchase Act 1965
  29. 24Private rights
  30. 25Rights under or over streets
  31. 26Temporary use of land for carrying out the authorised development
  32. 27Temporary use of land for maintaining the authorised development
  33. 28Statutory Undertakers
  34. 29Apparatus and rights of statutory undertakers in streets
  35. 30Recovery of costs of new connection
  36. Part 6: MISCELLANEOUS AND GENERAL
  37. 31Felling or lopping of trees and removal of hedgerows
  38. 32Application of landlord and tenant law
  39. 33Operational land for purposes of the 1990 Act
  40. 34Protective provisions
  41. 35Certification of plans etc.
  42. 36Service of notices
  43. 37Procedure in relation to certain approvals
  44. 38Arbitration
  45. 39Funding
  46. Signature
  47. Schedule 1AUTHORISED DEVELOPMENT
  48. Schedule 2DOCUMENTS AND PLANS TO BE CERTIFIED
  49. Schedule 3: REQUIREMENTS
  50. 1Time limits
  51. 2Detailed design approval
  52. 3Provision of and implementation and maintenance of landscaping and ecological mitigation
  53. 4Construction and Environment Management Plan
  54. 5Ground investigation
  55. 6Piling
  56. 7Fencing and other means of enclosure
  57. 8Archaeology
  58. 9Construction traffic management plan
  59. 10Travel plan during operational phase
  60. 11Construction hours
  61. 12Foul and surface water drainage
  62. 13Artificial lighting
  63. 14Local economic benefit
  64. 15Amendments to approved details
  65. 16Combined heat and power
  66. 17Decommissioning strategy
  67. 18Requirements for written approval, etc.
  68. 19Date of final commissioning and cessation
  69. Schedule 4STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
  70. Schedule 5STREETS SUBJECT TO STREET WORKS
  71. Schedule 6TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS
  72. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS
  73. Compensation enactments
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. 3Paragraph 3
  77. Application of the 1965 Act
  78. 4Paragraph 4
  79. 5Paragraph 5
  80. 6Paragraph 6
  81. 7Paragraph 7
  82. 8Paragraph 8
  83. 9Paragraph 9
  84. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  85. Schedule 9: PROTECTIVE PROVISIONS
  86. Part 1: FOR THE PROTECTION OF NATIONAL GRID
  87. 1Application
  88. 2Interpretation
  89. 3Apparatus of National Grid in streets subject to temporary prohibition or restriction
  90. 4Acquisition of land
  91. 5Removal of apparatus
  92. 6Facilities and rights for alternative apparatus
  93. 7Retained apparatus: protection of National Grid as Gas Undertaker
  94. 8Expenses
  95. 9Indemnity
  96. 10Enactments and agreements
  97. 11Co-operation
  98. 12Access
  99. 13Arbitration
  100. Part 2: FOR THE PROTECTION OF BT GROUP PLC
  101. 14Paragraph 14
  102. 15Paragraph 15
  103. 16Paragraph 16
  104. 17Paragraph 17
  105. 18Paragraph 18
  106. 19Paragraph 19
  107. 20Paragraph 20
  108. 21Paragraph 21
  109. 22Paragraph 22
  110. 23Paragraph 23
  111. 24Paragraph 24
  112. 25Paragraph 25
  113. 26Paragraph 26
  114. 27Paragraph 27
  115. 28Paragraph 28
  116. 29Paragraph 29
  117. 30Paragraph 30
  118. Part 3: FOR THE PROTECTION OF DŴR CYMRU CYFYNGEDIG
  119. 31Paragraph 31
  120. 32Paragraph 32
  121. 33Paragraph 33
  122. 34Precedence of the WIA 1991
  123. 35Protection of DCC apparatus
  124. 36Suspension of works
  125. 37Paragraph 37
  126. 38Emergency Works
  127. 39Insurance
  128. 40Damage to DCC apparatus
  129. Part 4: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  130. 41Paragraph 41
  131. 42Paragraph 42
  132. 43Paragraph 43
  133. 44Paragraph 44
  134. Part 5: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  135. 45Application
  136. 46Interpretation
  137. 47Precedence of 1991 Act in respect of apparatus in streets
  138. 48Apparatus in streets subject to temporary prohibition or restriction
  139. 49No acquisition etc. except by agreement
  140. 50Removal of apparatus
  141. 51Facilities and rights for alternative apparatus
  142. 52Paragraph 52
  143. 53Paragraph 53
  144. 54Expenses and costs
  145. 55Paragraph 55
  146. Part 6: FOR THE PROTECTION OF WALES AND WEST UTILITIES
  147. 56Application
  148. 57Interpretation
  149. 58Precedence of 1991 Act in respect of apparatus in streets
  150. 59Apparatus in streets subject to temporary prohibition or restriction
  151. 60No acquisition etc. except by agreement
  152. 61Removal of apparatus
  153. 62Facilities and rights for alternative apparatus
  154. 63Retained apparatus
  155. 64Expenses and costs
  156. 65Paragraph 65
  157. 66Enactments and agreements
  158. Part 7: FOR THE PROTECTION OF THE SOLAR OPERATOR
  159. 67Application
  160. 68Interpretation
  161. 69Removal of apparatus
  162. 70Retained apparatus
  163. 71Expenses and costs
  164. 72Paragraph 72
  165. 73Co-operation
  166. 74Arbitration
  167. 75Enactments and agreements
  168. 76Compulsory acquisition and temporary use
  169. Schedule 10: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  170. 1Paragraph 1
  171. 2Further information
  172. 3Appeals
  173. 4Paragraph 4
  174. Explanatory note