The Riverside Energy Park Order 2020
2020 No. 419
Infrastructure Planning
The Riverside Energy Park Order 2020
Made 9th April 2020
Coming into force 1st May 2020
An application under section 37 of the Planning Act 20081(the “2008 Act”) has been made to the Secretary of State for an order granting development consent in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092.
The application has been examined by the Examining Authority 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 20103. The Examining Authority has submitted a report and recommendation to the Secretary of State under section 834of 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 45of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 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 1276of the 2008 Act, 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, 120, 122 and 123 of the 2008 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Riverside Energy Park Order 2020 and comes into force on 1st May 2020.
Interpretation
2.—(1) In this Order, unless otherwise stated—
“the 1961 Act” means the Land Compensation Act 19617;
“the 1965 Act” means the Compulsory Purchase Act 19658;
“the 1980 Act” means the Highways Act 19809;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 198110;
“the 1984 Act” means the Road Traffic Regulation Act 198411;
“the 1990 Act” means the Town and Country Planning Act 199012;
“the 1991 Act” means the New Roads and Street Works Act 199113;
“the 2008 Act” means the Planning Act 200814;
“access and public rights of way plans” means the plans of that description referred to in Schedule 11 (documents and plans to be certified) certified by the Secretary of State as the access and public rights of way plans for the purposes of this Order under article 40 (certification of plans etc.);
“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 (street works in England and Wales) of the 1991 Act save that “apparatus” 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;
“authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;
“book of reference” means the document of that description referred to in Schedule 11 certified by the Secretary of State as the book of reference for the purposes of this Order under article 40 (certification of plans etc.);
“biodiversity units” means the product of the size of an area, and the distinctiveness and condition of the habitat it comprises to provide a measure of ecological value (as assessed using the Defra biodiversity off–setting metric);
“biodiversity off–setting scheme” means a scheme which will deliver biodiversity enhancements which must not be less than the off–setting value;
“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;
“CHP statement” means the document of that description referred to in Schedule 11 certified by the Secretary of State as the CHP statement for the purposes of this Order under article 40 (certification of plans etc.);
“commence” means beginning to carry out any material operation, as defined in section 155 of the 2008 Act (which explains when development begins), comprised in or carried out for the purposes of the authorised development other than the pre–commencement works and the words “commencement” and “commenced” and other cognate expressions are to be construed accordingly;
“commissioning” means the process of assuring that all systems and components of the authorised development or part of the authorised development (which are installed or installation is near to completion) are tested to verify that they function and are operable in accordance with design objectives, specifications and operational requirements of the undertaker and “commission” and other cognate expressions are to be construed accordingly;
“compulsory acquisition notice” means a notice served in accordance with section 134 (notice of authorisation of compulsory acquisition) of the 2008 Act;
“date of final commissioning” means the date on which the commissioning of the authorised development (or any part of the authorised development as the context requires) is completed as notified as such by the undertaker to the relevant planning authority pursuant to requirement 23 of Schedule 2 (requirements);
“Defra biodiversity off–setting metric” means the mechanism published by the Department for Environment, Food and Rural Affairs in 2012 to quantify impacts on biodiversity, which allows biodiversity losses and gains affecting different habitats to be compared and ensures offsets are sufficient to compensate for residual losses of biodiversity;
“design principles” means the document of that description referred to in Schedule 11 certified by the Secretary of State as the design principles for the purposes of this Order under article 40 (certification of plans etc.);
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means provided it is in an electronic form;
“Environment Bank” means the Environment Bank Limited (company number 05944540) whose registered office is at Low Bramley Grange Farm, Bramley Grange Grewelthorpe, Ripon, North Yorkshire, HG4 3DN together with its successors;
“environmental statement” means the document of that description referred to in Schedule 11 certified by the Secretary of State as the environmental statement for the purposes of this Order under article 40 (certification of plans etc.);
“flood risk activity” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 201615;
“flood risk assessment” means the document of that description referred to in Schedule 11 certified by the Secretary of State as the flood risk assessment for the purposes of this Order;
“footpath” and “footway” have the same meaning as in the 1980 Act;
“FRAPA drawings” means the drawings of that description referred to in Schedule 11 certified by the Secretary of State as the FRAPA drawings for the purposes of this Order;
“Greater London Authority” means the Greater London Authority, City Hall, The Queen’s Walk, More London, London, SE1 2AA;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“land plans” means the plans of that description referred to in Schedule 11 certified by the Secretary of State as the land plans for the purposes of this Order;
“limits of deviation” means the limits of deviation shown for each numbered work on the works plans;
“London Power Networks” means London Power Networks PLC (company number 03929195) whose registered office is at Newington House, 237 Southwark Bridge Road, London SE1 6NP or a subsidiary of London Power Networks PLC;
“maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part, but not replace the whole of the authorised development, but only insofar as such activities do not give rise to any materially new or materially different environmental effects than those identified in the environmental statement and “maintenance” and “maintaining” are to be construed accordingly;
“MOL plan” means the document of that description referred to in Schedule 11 certified by the Secretary of State as the MOL plan for the purposes of this Order;
“off–setting value” means the net biodiversity impact of the authorised development, calculated using the Defra biodiversity off–setting metric, measured in biodiversity units;
“operational period” means the period from the date of final commissioning to the permanent cessation of the operation of Work No. 1;
“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 as shown on the land plans;
“Order limits” means the limits shown on the works plans within which the authorised development may be carried out;
“outline biodiversity and landscape mitigation strategy” means the document of that description referred to in Schedule 11 certified by the Secretary of State as the outline biodiversity and landscape strategy for the purposes of this Order;
“outline code of construction practice” means the document of that description referred to in Schedule 11 certified by the Secretary of State as the outline code of construction practice for the purposes of this Order;
“outline construction traffic management plan” means Appendix L of the transport assessment;
“outline...
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