The National Grid (King's Lynn B Power Station Connection) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/3200 |
2013 No. 3200
Infrastructure Planning
The National Grid (King’s Lynn B Power Station Connection) Order 2013
Made 18th December 2013
Coming into force 9th January 2014
An application has been made to the Secretary of State in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20091for an Order under sections 114, 115 and 120 of the Planning Act 20082(“the 2008 Act”);
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 examination was carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 20103;
The single appointed person, having considered the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act, made a report and recommendation to the Secretary of State;
The Secretary of State, having considered the report and recommendation of the single appointed person, and decided the application, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals;
The Secretary of State, in exercise of the powers conferred by sections 114, 115 and 120 of the 2008 Act, makes the following Order:
PART 1
Preliminary
Citation and commencement
1. This Order may be cited as the National Grid (King’s Lynn B Power Station Connection) Order 2013 and shall come into force on 9th January 2014.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19614;
“the 1965 Act” means the Compulsory Purchase Act 19655;
“the 1980 Act” means the Highways Act 19806;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19817;
“the 1990 Act” means the Town and Country Planning Act 19908;
“the 1991 Act” means the New Roads and Street Works Act 19919;
“the 2008 Act” means the Planning Act 2008;
“approved construction routes” means—
(a) for all construction traffic serving towers KL01 to KL07 referred to in Work No 1, the Northern Construction Route (shown on plan reference MPP00006 - 2 Figure 1A);
(b) for the 200 tonne lifting capacity crane vehicles serving towers KL08 and 4VV039 referred to in Work No 1, the Southern Construction Route (shown on plan reference MPP00006 - 2 Figure 2A); and
(c) for all construction traffic serving towers KL08 and 4VV039 in the Southern Construction Route, the route approved, after consultation with the highway authority, by the relevant planning authority;
“authorised development” means the development and associated development, including any necessary demolitions, described in Schedule 1 (authorised development), and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;
“the book of reference” means the book of reference 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;
“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“environmental document” means the environmental statement certified as the environmental document by the Secretary of State for the purposes of this Order and submitted with the application;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“the land plans” means the plans (reference: A1/PTD/6320/070/Rev C, A1/PTD/6320/071/Rev B, A1/PTD/6320/072/Rev C, A1/PTD/6320/073/Rev C, A1/PTD/6320/074/Rev B and A1/PTD/6320/075/Rev B) certified as the land plans by the Secretary of State for the purposes of this Order;
“limits of deviation” means the limits of deviation referred to in article 6 shown on the works plans;
“maintain” means to maintain and any of its derivatives including to inspect, repair, adjust, alter, remove, reconstruct, replace, or relay the authorised development, but not so as to vary from the description of the authorised development in Schedule 1 nor the overall shape, size and lattice form of the towers, and any derivative of “maintain” is to be construed accordingly;
“National Grid” means National Grid Electricity Transmission plc company number 2366977 whose registered office is at 1-3 the Strand, London WC2N 5EH;
“operational use” occurs when Work No 1 of the authorised development first transmits electricity at 400 kV;
“Order land” means the land shown on the land plans which is within the Order limits and described in the book of reference;
“the Order limits” means the limits of deviation of land to be acquired or used and the limits of additional land to be acquired or used as shown on the works and land 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 198110;
“permitted substation” means the substation to be constructed pursuant to deemed planning permission for King’s Lynn B Power Station dated 5 February 2009 ref: 01.08.10.04/124C;
“relevant planning authority” means the planning authority for the area of land that the provision relates to, being King’s Lynn and West Norfolk Borough Council;
“the Requirements” means the requirements in Schedule 2 (Requirements);
“rights of way plans” means the plans (reference: A0/PTD/6320/059/Rev C, A0/PTD/6320/060/Rev C, A0/PTD/6320/061/Rev B, A0/PTD/6320/062/Rev A, A0/PTD/6320/063/Rev A, A0/PTD/6320/064/Rev A and A0/PTD/6320/065/Rev B) certified as the rights of way plans by the Secretary of State for the purposes of this Order;
“the sections” means the sections shown on the plans (reference: A0/PTD/6320/046/Rev C and A0/PTD/6320/047/Rev C) certified as the sections by the Secretary of State for the purposes of this Order;
“statutory undertaker” (except in Part 1 of Schedule 8) 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 part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“undertaker” means National Grid or any other person who has the benefit of this Order in accordance with article 8;
“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; and
“the works plans” means the plans (reference: A0/PTD/6320/076/Rev A, A1/PTD/6320/077/Rev B, A1/PTD/6320/078/Rev A and A1/PTD/6320/079/Rev A) 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.
(3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development is to be taken to be measured along that work.
(4) All areas described in the book of reference are approximate.
(5) References in this Order to numbered Requirements are to the Requirements with those numbers in Schedule 2.
Application and modification of legislative provisions
3. Subject to the modifications set out in Schedule 3 the enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply in the case of a compulsory acquisition under this Order in respect of a right by the creation of a new right as they apply to the compulsory purchase of land and interests in land.
PART 2
Principal powers
Development consent etc granted by the Order
4.—(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) The undertaker may install, and keep installed, above ground the electric line included in the authorised development.
(3) The undertaker may operate and use the electric line and any other elements of the authorised development as part of the high-voltage electricity transmission system in England and Wales.
(4) Subject to article 6 (limits of deviation) the authorised development comprised in Work No 1 must be constructed and installed in the lines and situations shown on the works plans and in accordance with the levels shown on the sections.
Maintenance of authorised development
5. The undertaker may at any time maintain the authorised development, except to the extent that this Order or an agreement made under this Order, provides otherwise.
Limits of deviation
6. In carrying out or maintaining the authorised development comprised in Work No 1 the undertaker may—
(a) deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans, save for tower KL01 which must not deviate more than 4 metres in a northerly direction from the position indicated on the works plans; and
(b) deviate vertically from the levels of the authorised development shown on the...
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