The Millbrook Gas Fired Generating Station Order 2019
| Year | 2019 |
2019 No. 578
Infrastructure Planning
The Millbrook Gas Fired Generating Station Order 2019
Made 13th March 2019
Coming into force 3rd April 2019
An application under section 37 (applications for orders granting development consent) of the Planning Act 20081(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 (the single appointed person procedure) 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 20102. The single appointed person has submitted a report and recommendation to the Secretary of State under section 83 (single appointed person to examine and report on application) of the 2008 Act3.
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 20094and has had regard to the documents and matters referred to in section 104(2) (decisions in cases where national policy statement has effect) 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 (statutory undertakers’ land) of the 2008 Act5, 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 (grant or refusal of development consent order), 115 (development for which development consent may be granted), and 120 (what may be included in order granting development consent) of the 2008 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Millbrook Gas Fired Generating Station Order 2019 and comes into force on 3rd April 2019.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19616;
“the 1965 Act” means the Compulsory Purchase Act 19657;
“the 1980 Act” means the Highways Act 19808;
“the 1984 Act” means the Road Traffic Regulation Act 19849;
“the 1990 Act” means the Town and Country Planning Act 199010;
“the 1991 Act” means the New Roads and Street Works Act 199111;
“the 2008 Act” means the Planning Act 200812;
“the access road visibility splay” means the visibility splay shown hatched in purple on the access road visibility splay plan;
“access road visibility splay plan” means the plan identified in Table 11 of Schedule 14 (documents and plans to be certified) to this Order and which is certified by the Secretary of State as the access road visibility splay plan for the purposes of this Order;
“address” includes any number or address used for the purposes of electronic transmission;
“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;
“authorised development” means the development described in Schedule 1 (authorised development) which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;
“book of reference” means the document identified in Table 11 of Schedule 14 (documents and plans to be certified) to this Order and which is certified by the Secretary of State as the book of reference 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;
“commence” means beginning to carry out any material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development other than operations consisting of environmental surveys and monitoring, investigations for the purpose of assessing ground conditions, receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or advertisements and the words “commencement” and “commenced” and cognate expressions are to be construed accordingly;
“date of final commissioning” means the date on which the authorised development commences operation by generating power on a commercial basis but excluding the generation of power during commissioning and testing;
“design principles statement” means the document identified in Table 11 of Schedule 14 (documents and plans to be certified) to this Order and certified as such by the Secretary of State for the purposes of this Order;
“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 document identified in Table 11 of Schedule 14 (documents and plans to be certified) to this Order and which is certified as such by the Secretary of State for the purposes of this Order;
“exhaust gas emission flue stack” means the exhaust gas emission flue stack including ancillary support structures, sound proof cladding, and emissions monitoring platforms;
“footpath” and “footway” have the same meaning as in the 1980 Act;
“gas turbine generator” means one gas turbine which drives a single electricity generator for the purposes of generating electricity including air inlet filter house, air inlet duct, exhaust diffuser, and auxiliaries such as lube oil system, air dryers, fuel gas filter package, instrument air system and compressor washing;
“gross rated electrical output” means the aggregate of gross electrical power as measured at the terminals of the generator in accordance with standards agreed with the regulating authority under the Environmental Permitting (England and Wales) Regulations 2016;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“land plans” means the plans identified in Table 11 of Schedule 14 (documents and plans to be certified) to this Order and which are certified as the land plans by the Secretary of State for the purposes of this Order;
“limits of deviation” means, in respect of numbered works 1A, 1B, 1C, 1D, 2A, 2B, 3A, 3B, 4A, 4B, 5, 6, 7, and 8 the outer limits of the corresponding numbered area shown on the works plans;
“low level restoration scheme agricultural track” means an access track into Rookery South Pit from Green Lane which is in part existing and in part to be constructed in accordance with the planning permission for the low level restoration scheme of Rookery South Pit (reference number BC/CM/2000/8);
“low level restoration scheme baseline works” means the works permitted by the planning permission for the low level restoration scheme of Rookery South Pit (reference number BC/CM/2000/8) and shown on the low level restoration scheme baseline works plan;
“low level restoration scheme baseline works plan” means the plan identified in Table 11 of Schedule 14 (documents and plans to be certified) to this Order and which is certified as the low level restoration scheme baseline works plan by the Secretary of State for the purposes of this Order;
“low level restoration scheme drainage strategy” means the drainage strategy to be approved pursuant to conditions 8 and 9 of the planning permission for the low level restoration scheme of Rookery South Pit (reference number BC/CM/2000/8);
“low level restoration scheme secondary access track” means an access track into Rookery South Pit from Station Lane which is to be constructed in accordance with the planning permission for the low level restoration scheme of Rookery South Pit (reference number BC/CM/2000/8);
“maintain” includes, to the extent assessed in the environmental statement, inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part, but not the whole of, the authorised development and “maintenance” and “maintaining” are to be construed accordingly;
“Millbrook Power Limited” means Millbrook Power Limited (Company No. 08920458) whose registered office is at Drax Power Station, Drax, Selby, North Yorkshire YO58 8PH;
“National Grid Electricity” means National Grid Electricity Transmission plc (Company Registration Number 02366977) whose registered office is at 1 to 3 Strand, London, WE2N 5EH;
“National Grid Gas” means National Grid Gas plc (Company Registration Number 02006000) whose registered office is at 1 to 3 Strand, London WC2N 5EH;
“Network Rail” means Network Rail Infrastructure Limited (Company Registration Number 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN;
“Order land” means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown on the land plans and described in the book of reference;
“Order limits” means the limits shown on the works plans;
“outline construction environment management plan” means the document identified in Table 11 of Schedule 14 (documents and plans to be certified) to this Order and which is certified as the outline construction environment management plan by the Secretary of State for the purposes of this Order;
“outline construction traffic management measures” means the document identified in Table 11 of Schedule 14 (documents and plans to be certified) to this Order and which is certified as the outline construction traffic management measures by the Secretary of State for the purposes of this Order;
“outline landscape and ecological mitigation and management strategy” means the document identified in Table 11 of Schedule 14 (documents and plans to be...
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