The Wrexham Gas Fired Generating Station Order 2017
S.I. 2017/766 · Made 18 July 2017 · Extends to England, Wales and Scotland
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
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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
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S.I. 2010/103, amended by S.I. 2012/635.
- f3
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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 S.I 2009/2263 was revoked by S.I. 2017/572, but continues to apply to this application for development consent by virtue of transitional provisions contained in Regulation 37(2) of that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
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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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by the Order
- 4Maintenance of authorised development
- 5Operation of authorised development
- 6Benefit of this Order
- 7Consent to transfer benefit of this Order
- 8Defence to proceedings in respect of statutory nuisance
- Part 3: STREETS
- 9Power to alter layout, etc. of streets
- 10Street works
- 11Temporary prohibition or restriction of use of streets
- 12Access to works
- 13Agreements with street authorities
- 14Traffic Regulation
- Part 4: SUPPLEMENTAL POWERS
- 15Discharge of water
- 16Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 17Compulsory acquisition of land
- 18Compulsory acquisition of rights etc
- 19Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 20Time limit for exercise of authority to acquire land compulsorily
- 21Statutory authority to override easements and other rights
- 22Acquisition of subsoil only
- 23Application of Part 1 of the Compulsory Purchase Act 1965
- 24Private rights
- 25Rights under or over streets
- 26Temporary use of land for carrying out the authorised development
- 27Temporary use of land for maintaining the authorised development
- 28Statutory Undertakers
- 29Apparatus and rights of statutory undertakers in streets
- 30Recovery of costs of new connection
- Part 6: MISCELLANEOUS AND GENERAL
- 31Felling or lopping of trees and removal of hedgerows
- 32Application of landlord and tenant law
- 33Operational land for purposes of the 1990 Act
- 34Protective provisions
- 35Certification of plans etc.
- 36Service of notices
- 37Procedure in relation to certain approvals
- 38Arbitration
- 39Funding
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2DOCUMENTS AND PLANS TO BE CERTIFIED
- Schedule 3: REQUIREMENTS
- 1Time limits
- 2Detailed design approval
- 3Provision of and implementation and maintenance of landscaping and ecological mitigation
- 4Construction and Environment Management Plan
- 5Ground investigation
- 6Piling
- 7Fencing and other means of enclosure
- 8Archaeology
- 9Construction traffic management plan
- 10Travel plan during operational phase
- 11Construction hours
- 12Foul and surface water drainage
- 13Artificial lighting
- 14Local economic benefit
- 15Amendments to approved details
- 16Combined heat and power
- 17Decommissioning strategy
- 18Requirements for written approval, etc.
- 19Date of final commissioning and cessation
- Schedule 4STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
- Schedule 5STREETS SUBJECT TO STREET WORKS
- Schedule 6TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF NEW RESTRICTIONS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Application of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF NATIONAL GRID
- 1Application
- 2Interpretation
- 3Apparatus of National Grid in streets subject to temporary prohibition or restriction
- 4Acquisition of land
- 5Removal of apparatus
- 6Facilities and rights for alternative apparatus
- 7Retained apparatus: protection of National Grid as Gas Undertaker
- 8Expenses
- 9Indemnity
- 10Enactments and agreements
- 11Co-operation
- 12Access
- 13Arbitration
- Part 2: FOR THE PROTECTION OF BT GROUP PLC
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Part 3: FOR THE PROTECTION OF DŴR CYMRU CYFYNGEDIG
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Precedence of the WIA 1991
- 35Protection of DCC apparatus
- 36Suspension of works
- 37Paragraph 37
- 38Emergency Works
- 39Insurance
- 40Damage to DCC apparatus
- Part 4: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- Part 5: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 45Application
- 46Interpretation
- 47Precedence of 1991 Act in respect of apparatus in streets
- 48Apparatus in streets subject to temporary prohibition or restriction
- 49No acquisition etc. except by agreement
- 50Removal of apparatus
- 51Facilities and rights for alternative apparatus
- 52Paragraph 52
- 53Paragraph 53
- 54Expenses and costs
- 55Paragraph 55
- Part 6: FOR THE PROTECTION OF WALES AND WEST UTILITIES
- 56Application
- 57Interpretation
- 58Precedence of 1991 Act in respect of apparatus in streets
- 59Apparatus in streets subject to temporary prohibition or restriction
- 60No acquisition etc. except by agreement
- 61Removal of apparatus
- 62Facilities and rights for alternative apparatus
- 63Retained apparatus
- 64Expenses and costs
- 65Paragraph 65
- 66Enactments and agreements
- Part 7: FOR THE PROTECTION OF THE SOLAR OPERATOR
- 67Application
- 68Interpretation
- 69Removal of apparatus
- 70Retained apparatus
- 71Expenses and costs
- 72Paragraph 72
- 73Co-operation
- 74Arbitration
- 75Enactments and agreements
- 76Compulsory acquisition and temporary use
- Schedule 10: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 1Paragraph 1
- 2Further information
- 3Appeals
- 4Paragraph 4
- Explanatory note