The Eggborough Gas Fired Generating Station Order 2018
2018 No. 1020
Infrastructure Planning
The Eggborough Gas Fired Generating Station Order 2018
Made 20th September 2018
Coming into force 12th October 2018
An application has been made to the Secretary of State under section 37 of the Planning Act 20081(the “2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092for an Order granting development consent.
The application was examined by a single appointed person, appointed by the Secretary of State pursuant to Chapter 3 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 20103. 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 single appointed person, has taken into account the environmental information in accordance with regulation 3 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 20094and 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.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 and 149A of the 2008 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Eggborough Gas Fired Generating Station Order 2018 and comes into force on 12th October 2018.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19615;
“the 1965 Act” means the Compulsory Purchase Act 19656;
“the 1980 Act” means the Highways Act 19807;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19818;
“the 1990 Act” means the Town and Country Planning Act 19909;
“the 1991 Act” means the New Roads and Street Works Act 199110;
“the 2008 Act” means the Planning Act 200811;
“the 2009 Act” means the Marine and Coastal Access Act 200912;
“the 2009 Regulations” means the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 200913;
“access and rights of way plans” means the plans submitted under regulation 5(2)(k) of the 2009 Regulations and certified as such by the Secretary of State for the purposes of this Order;
“address” includes any number or address used for the purposes of electronic transmission;
“AOD” means above ordnance datum;
“apparatus” has the same meaning as in Part 3 of the 1991 Act and further includes pipelines (and parts of them), aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets;
“application guide” means the application guide revision 10.0 dated March 2018 and certified as such by the Secretary of State for the purposes of this Order;
“authorised development” means the development and associated development described in Schedule 1 (authorised development) which is development within the meaning of section 32 of the 2008 Act;
“the book of reference” means the book of reference certified as such by the Secretary of State for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in the 1980 Act;
“Canal and River Trust” means the body of that name which is a company limited by guarantee (Company No. 07807276) and a registered charity (Charity Commission No. 1146792) whose registered office is at First Floor, North Station House, 500 Elder Gate, Milton Keynes, MK9 1BB;
“combined heat and power assessment” means the combined heat and power assessment certified as such by the Secretary of State for the purposes of this Order;
“commence” means the carrying out of a material operation, as defined in section 155 of the Planning Act 2008 (which explains when development begins), comprised in or carried out for the purposes of the authorised development and the words “commencement” and “commenced” and cognate expressions are to be construed accordingly;
“commercial use” means that the commissioning of the authorised development has been completed and it is generating electricity on a commercial basis;
“Eggborough Power Limited” means Eggborough Power Limited (Company No. 03782700) whose registered office is at Eggborough Power Station, Eggborough, Goole, East Yorkshire, DN14 0BS;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“the environmental statement” means the environmental statement certified as such by the Secretary of State for the purposes of this Order;
“environmental statement commitments register” means the document of that name dated May 2017 and appended to the environmental statement as appendix 21A;
“the flood risk assessment” means the flood risk assessment certified as such by the Secretary of State for the purposes of this Order;
“footpath” and “footway” have the same meaning as in the 1980 Act;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“the indicative landscaping and biodiversity strategy” means the indicative landscaping and biodiversity strategy certified as such by the Secretary of State for the purposes of this Order;
“the indicative lighting strategy” means the indicative lighting strategy certified as such by the Secretary of State for the purposes of this Order;
“the land plans” means the land plans certified as the land plans by the Secretary of State for the purposes of this Order;
“maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part, but not the whole of the authorised development, to the extent that such activities have been assessed in the environmental statement and “maintenance” and “maintaining” are to be construed accordingly;
“NGET” means National Grid Electricity Transmission plc (Company Registration Number 02366977) whose registered office is at 1 to 3 Strand, London, WE2N 5EH;
“NGG” means National Grid Gas plc (Company Registration Number 02006000) whose registered office is at 1 to 3 Strand, London WC2N 5EH;
“Order land” means the land delineated and marked as such on the land plans;
“the Order limits” means the limits shown on the works plans within which the authorised development may be carried out;
“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 198114;
“plot” means the plots listed in the book of reference and shown on the land plans;
“relevant planning authority” means the district planning authority for the area in which the land to which the provisions of this Order apply is situated;
“requirements” means those matters set out in Schedule 2 to this Order;
“statutory undertaker” means any person falling within section 127(8) of the 2008 Act;
“street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes any footpath and any part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act for which purposes “highway authority” has the meaning given in this article;
“street works” means the works listed in article 8(1);
“the tribunal” means the Lands Chamber of the Upper Tribunal;
“undertaker” means Eggborough Power Limited or the person who for the time being has the benefit of this Order in accordance with articles 6 and 7;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
“working day” means any day other than a Saturday, Sunday or English bank or public holiday; and
“the works plans” means the works plans certified as the works plans by the Secretary of State for the purposes of this Order.
(2) References in this Order to rights over land include references to rights to do or to place and maintain anything in, on or under land or in the air-space above its surface and to any trusts or incidents (including restrictive covenants) to which the land is subject and references in this Order to the creation or acquisition of new rights include the imposition of restrictive covenants which interfere with interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order.
(3) The definitions in paragraph (1) do not apply to Schedule 13 (deemed marine licence under Part 4 (marine licensing) of the 2009 Act).
(4) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are to be taken to be measured along that work.
(5) All areas described in square metres in the book of reference are approximate.
(6) References in this Order to numbered works are references to the works comprising the authorised development as numbered in Schedule 1 and shown on the works plans.
(7) The expression “includes” is to be construed without limitation unless the contrary intention appears.
PART 2
PRINCIPAL POWERS
Development consent etc. granted by the Order
3.—(1) Subject to the provisions of this Order and to the requirements, the undertaker is granted development consent for the authorised development to be carried out within the Order limits.
(2) Each numbered work must be situated within the...
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